Agenda packet, first session — Santa Fe Springs City Council, July 1, 2025 (part 2 of 3)

clinic.

PUBLIC HEARING – NONE
OLD BUSINESS – NONE
REGULAR BUSINESS – NONE

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.

HOUSING SUCCESSOR

3. MINUTES OF THE MAY 6, 2025 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.

SUCCESSOR AGENCY

4. MINUTES OF THE MAY 6, 2025 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.

CITY COUNCIL

5. MINUTES OF THE MAY 6, 2025 CITY COUNCIL MEETINGS (CITY CLERK) RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.

6. FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER (CITY ATTORNEY)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Fourth Amendment to Employment Agreement Between the City of Santa Fe Springs and René Bobadilla.

7. JOINT PARTICIPATION AGREEMENT WITH THE CITY OF LA MIRADA FOR SLURRY

SEAL OF VALLEY VIEW AVENUE FROM ROSECRANS AVENUE TO ALONDRA

BOULEVARD AND FROM PARK PLACE TO ARTESIA BOULEVARD
Minutes of the June 3, 2025 Housing Successor, Successor Agency, and City Council Meetings

Page 3 ends

(PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Joint Participation Agreement between the City of La Mirada and the City of Santa Fe Springs; and
2) Authorize the Mayor to execute the Joint Participation Agreement with the City of La Mirada; and
3) Approve adding the Valley View Avenue from Rosecrans Avenue to Alondra Boulevard and from Park Place to Artesia Boulevard Street Improvements Project to the Capital Improvement Plan; and
4) Appropriate $175,500 from the Measure SFS Fund to the subject project; and 5) Take such additional, related action that may be desirable.

8. AUTHORIZE THE EXECUTION OF AGREEMENT HI-25-011 WITH THE COUNTY OF

LOS ANGELES FOR MEASURE A LOCAL SOLUTIONS FUNDING
(POLICE SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the City Manager to sign the Local Solutions Fund Agreement HI-25-011 (“Agreement”) with the County of Los Angeles to receive $554,419 for FY 2025/26 and an adjusted amount annually thereafter; and
2) Authorize the City Manager to execute any non-substantive amendments to the Agreement with City Attorney approval; and
3) Take such additional, related action that may be desirable.

9. TREASURER’S REPORT OF INVESTMENTS FOR THE QUARTER ENDED MARCH 31, 2025 (FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file the report.

City Attorney, Rick Olivarez provided a brief summary of the details in the fourth amendment to the City Manager Employment contract (Item No. 6).

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

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

Absent: None
Recuse: None
Minutes of the June 3, 2025 Housing Successor, Successor Agency, and City Council Meetings

Page 4 ends

APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
None.

COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Councilmember Mora congratulated the Santa Fe Springs Women’s Club on their recognition. He commented on the Memorial Day event and the Children’s Day event at the library. Lastly, he spoke on the budget workshops and congratulated Kathie Fink on her retirement.

Councilmember Martin commended staff on the budget workshops and on the great Memorial Day event. She congratulated Kathie Fink on her retirement and asked for prayers for the slain Baldwin Park police officer.

Councilmember Rodriguez commented on the great Memorial Day event and pancake breakfast.

She commented on the budget workshops and congratulated the Santa Fe Springs Women’s Club on their recent recognition.

Mayor Pro Tem Zamora commented on the senior project boards. He commended the Santa Fe Springs Women’s Club and congratulated Kathie Fink on her retirement. He also lamented the loss of life from the Baldwin Park police officer. He highlighted the great work that staff accomplishes in regards to grants.

Mayor Rounds commended staff on their work and spoke about attending the Santa Fe Springs Awards Night. He highlighted the Memorial Day event and the recent budget workshops.

ADJOURNMENT
Mayor Rounds adjourned the meeting at 7:23 p.m. in memory of the deceased Baldwin Park Police Officer, Samuel Riveros.
_____________________
William K. Rounds
Mayor
ATTEST:
_____________________
Fernando N. Muñoz Date
City Clerk
APPROVED:

MINUTES OF THE MEETINGS OF THE

CITY COUNCIL
June 17, 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 (arrived at 5:04 p.m.), Mayor Pro Tem/Vice Chair Zamora, and Mayor/Chair Rounds.

Members absent: None.

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

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 Mayor Rounds recessed the meeting at 5:05 p.m.

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

CLOSED SESSION REPORT
City Attorney, Rick Olivarez provided a closed session report: feedback was provided, and no reportable action was taken.

INVOCATION
Cindy Jarvis led the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Mora led the pledge of allegiance.

INTRODUCTIONS
None

PRESENTATIONS
All originally scheduled presentations were tabled to a subsequent meeting.

2. RECOGNITION OF YOUTH SOCCER TEAM FOR WINNING TOURNAMENT Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 2 ends

(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)

CHANGES TO AGENDA
None.

PUBLIC COMMENTS
The following persons spoke during public comments:
1) Jessica Rodriguez, 2) Jesse Rodriguez, 3) Maria Salazar, 4) Javier Garcia, 5) Sianna Verdugo, 6) Chloe Gonzalez, 7) Samantha Verdugo, 8) Eddie Gonzalez, 9) Madeline Artega, 10) Lee Squire. 11) Jim Bob, 12) Araceli Mead, 13) Alex R., 14) Roseanna Ramos Janet Valdez submitted a public comment via email.

Mayor Rounds recessed the meetings at 6:37 p.m.

Mayor Rounds reconvened the meetings at 6:53 p.m.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None

PUBLIC HEARING

9. PUBLIC HEARING AND STATUS UPDATE ON STAFF VACANCIES IN COMPLIANCE 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.

City Manager, René Bobadilla provided a brief presentation on Item No. 9.

Public Hearing opened at: 6:55 p.m.

No. of Speakers: None
Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 3 ends

Public Hearing closed at: 6:55 p.m.

It was moved by Mayor Pro Tem Zamora, seconded by Councilmember Mora, to receive and file the report, by the following vote:

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

Absent: None
Recuse: None

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.

City Manager, René Bobadilla introduced Michael Maler to provide public comment on Item Nos. 10 and 11.

City Manager Bobadilla provided additional information on Item No. 10.

It was moved by Mayor Rounds, seconded by Councilmember Martin, to 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, 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, appropriate $1,095,000 from the Measure SFS Fund for the Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 4 ends

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 take such additional, related action that may be desirable, by the following vote:

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

Absent: None
Recuse: None

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.

City Manager, René Bobadilla provided a brief presentation on Item No. 11.

It was moved by Councilmember Rodriguez, seconded by Councilmember Martin, to 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, 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, 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, appropriate $1,737,800 from the Measure SFS Fund for the Stage Road and Iseli Road Street Improvements Project to Account No. PW250102, and take such additional, related action that may be desirable, by the following vote:

Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 5 ends

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

Absent: None
Recuse: None

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 Director of Parks & Recreation, Gus Hernandez provided a brief presentation on Item No. 12.

It was moved by Mayor Pro Tem Zamora, seconded by Councilmember Martin, to approve tthe 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, and take such additional, related action that may be desirable, by the following vote:

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

Absent: None
Recuse: None

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).

Director of Finance, Julio Morales provided a brief presentation on Item No. 13.

It was moved by Mayor Pro Tem Zamora, seconded by Councilmember Mora, to 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 the report (this includes all the forecasted revenue estimates, expenditure allocations, and related transfers), and to increase the amount contributions towards LACADA by $5,000, to add $15,000 for Santa Fe Springs Christian School Computer Lab, and to add an additional $2,500 to SASSFA, by the following vote:

Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 6 ends

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

Absent: None
Recuse: None

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:

Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 7 ends

1) Approve the minutes as submitted.

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 Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 8 ends

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.

Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 9 ends

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 Minutes of the June 17, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 10 ends

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.

It was moved by Councilmember Martin, seconded by Councilmember Rodriguez, to approve the consent calendar, 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
Mayor Rounds thanked the Nakamura Family for their attendance an all persons who provided public comments.

ADJOURNMENT
Mayor Rounds adjourned the meeting at 7:20 p.m.
_____________________
William K. Rounds
Mayor
ATTEST:
_____________________
Fernando N. Muñoz Date
City Clerk
ITEM # 26

CITY OF SANTA FE SPRINGS

APPROVAL OF PREQUALIFIED BIDDERS LIST AND

AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS
DATE: July 1, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Approve the Prequalified Bidders List for Phase 1B; and 2) Approve the Plans and Specifications for Phase 1B; and 3) Authorize the City Engineer to solicit construction bids for Phase 1B from the Prequalified Bidders List; and
4) Authorize the City Clerk to file a Notice of Exemption for the subject project with the Los Angeles Registrar-Recorder; and
5) Take such additional, related action that may be desirable.

FISCAL IMPACT
The Capital Improvement Program Budget for Fiscal Year 2023-2024 allocated $6,600,000 for the project. Additionally, State Senator Bob Archuleta helped the city secure a $6,400,000 grant from the state. Other funding sources include $525,000 from the Heritage Arts Fund, $735,000 from LA County Measure A for parks, and $15,000 from LA County Measure W for stormwater. In total, these funds amount to $14,275,000 available for the project.

A project update was presented to the City Council on April 2, 2024 at which time the City Council provided direction on project design, elements and phasing that included three CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Aquatic Center Improvement Project (Phase 1B) – Approval of Prequalified Bidders List and Authorization to Advertise for Construction Bids Page 2 of 5 recommended phases: Phase 1A, Phase 1B, and Phase 2 (future). Phase 1A has been completed at a total cost of $5 million, which is approximately $1.2 million under the initial estimate. At that time, the estimated cost for Phase 1B was $9.7 million based on preliminary design plans. The current estimated total project cost has increased to $14,275,000. This increase is a combination of: 1) added scope as the design was finalized; 2) a more refined construction estimate prepared by a professional construction estimator; and 3) inflation and anticipated tariff increases. The project budget remaining after the completion of Phase 1A is $9,275,000, resulting in a shortfall of approximately $5 million. Staff recommends proceeding with the most critical work in Phase 1B while deferring the remaining work to a future Phase 2, as outlined below.

The recommended Phase 1B scope consists of new amenities such as the sprayground (splash pad), jacuzzi/spa area, new concession building and cabana shaded areas, minor pool house refresh and renovation, building additions to accommodate spa and sprayground equipment rooms, replacement of the remainder of pool deck concrete not replaced in Phase 1A, spectator stands, several new deck shade structures, and potentially installing an acrylic coating over all hardscape areas. Construction for Phase 1B is scheduled to begin in October 2025 and is expected to take approximately eight months to complete. The current total project estimate for this scope of work is $14,275,000.

Phase 2 is a future phase that is not currently recommended for construction at this time.

Phase 2 would include a new entry plaza and canopies at the Pool House entrance, a roof screen for the equipment building and Pool House, renovations to the picnic area, the addition of a new family restroom/change room in the Pool House, and other improvements within the Pool House. The total estimated cost for Phase 2 is $5,700,000.

FUNDING AND PROJECT COST SUMMARY
Project Expenses Amount
Phase 1A (Total Project Cost) - Completed $ 5,000,000
Phase 1B
Construction $ 11,125,000
Design $ 920,000
Engineering $ 480,000
Inspection and Testing $ 490,000
Contingency $ 1,260,000
Total Expenses: $ 19,275,000
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Aquatic Center Improvement Project (Phase 1B) – Approval of Prequalified Bidders List and Authorization to Advertise for Construction Bids Page 3 of 5 Project Funding Amount
CIP Reserve Fund $ 6,600,000
State Senator Bob Archuleta State Parks Grant $ 6,400,000 Heritage Arts Fund $ 525,000
LA County Measure A (Parks) $ 735,000
LA County Measure W (Stormwater) $ 15,000
Total Funding: $ 14,275,000
Estimated Short Fall $ (5,000,000)
Recommendations for funding the shortfall will be included in the recommendation for award of the construction contract at a later date, when an actual construction cost is determined. Adequate funding has been identified from unspent bond proceeds (separate from Measure SFS bond proceeds) that can cover the estimated shortfall of $5 million.

BACKGROUND
In 1999, the California State Legislature enacted a law that allows many public agencies, including general law cities, to require licensed contractors that wish to bid for public works jobs to “pre-qualify” for the right to bid on a specific public works project, or on a public works project undertaken by a public agency during a specified period of time.

Public Contract Code section 20101 has the relevant provisions; it was enacted as part of Assembly Bill 574.

To ensure that the Phase 1B low bid contractor is qualified to perform the scope of work on a relatively complex project, the City conducted a prequalification process in which all prospective bidders for the contract were required to submit a prequalification package for evaluation by the City. The prequalification package was based on the CA Labor Commissioner’s Model Questionnaire (March 2019) developed as a template for use by public agencies. The invitation to submit a prequalification application was advertised on March 10, 2025 with a due date of April 17, 2025. The process is now complete, and following evaluation the City has assigned a rating of “Prequalified” to seven of the nine contractors that submitted prequalification package. The list of companies who submitted prequalification packages, along with the rating of the City’s analysis of each package, is shown below. Staff is recommending that the City Council adopt a Prequalified Bidders List for this project including the contractors listed with a “Prequalified” rating below:

COMPANY NAME PREQUALIFICATION RATING

1. AMG & Associates, Inc. Prequalified

2. CABD Construction, Inc. Not Prequalified

3. Construct 1 One, Corp Prequalified

4. Kemp Bros. Construction, Inc. Prequalified

5. Morillo Construction, Inc. Prequalified

6. PCN3, Inc. Prequalified

7. Royal Construction Corp. Not Prequalified

8. S.J. Amoroso Construction Co., LLC Prequalified

9. Spec Construction Co., Inc. Prequalified
*Note: This list is in alphabetical order and is not reflective of the scores assigned.

ANALYSIS
The construction cost estimate for the Aquatic Center Improvement Project (Phase 1B) is $11,125,000. The total estimated Phase 1B project cost including construction, engineering, inspection, testing, and contingency is $14,275,000. The total estimated Phase 1B project costs are as follows:

ITEM BUDGET
Construction $ 11,125,000
Design $ 920,000
Engineering $ 480,000
Inspection and Testing $ 490,000
Contingency $ 1,260,000
Total Phase 1B Estimated Project Cost: $ 14,275,000
The Phase 1B project Plans and Specifications are complete, and the Public Works Department is ready to solicit construction bids upon City Council approval. A copy of the project plans and specifications will be on file with the City Clerk.

ENVIRONMENTAL
Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Aquatic Center Improvement Project (Phase 1B) 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.

CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Aquatic Center Improvement Project (Phase 1B) – Approval of Prequalified Bidders List and Authorization to Advertise for Construction Bids Page 5 of 5 The city’s design consultant has concluded that the project qualifies as routine maintenance for Low Impact Development compliance. This is because the original line and grade of the hardscape will be preserved for the most part, and the proposed impervious area will remain below the threshold required for Low Impact Development.

DISCUSSION
None.

SUMMARY/NEXT STEPS
Upon approval of the City Council of the recommended actions, City staff will solicit bids for the construction of Phase 1B from the contractors on the Prequalified Bidders List.

Recommendations for the award of a contract to the City Council is anticipated in August 2025.

ATTACHMENTS:

A. Site Plans (Phases 1A, 1B, and 2)
ITEM STATUS:

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

ATTACHMENT A

ITEM # 27

CITY OF SANTA FE SPRINGS

ADVERTISE REQUEST FOR PROPOSALS (RFP)
DATE: July 1, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Authorize staff to finalize and advertise a Request for Proposals for Landscape Maintenance Services on Planet Bids, and
2) Approve the Third Amendment to the Agreement with Merchants Landscape Services, Inc. extending the contract for 90 days to terminate November 1, 2025, for an additional not-to-exceed fee of $255,000; and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Funding for Landscape Maintenance Services is included in the adopted budget for the Department of Public Works. The recommended fees for the contract extension would be paid from the budgeted amount for Fiscal Year 2025-26 since the extension would be executed in Fiscal Year 2025-26. The remainder of the budgeted amount will be utilized for the new contract awarded as a result of the RFP.

BACKGROUND
The City Council awarded a three-year Landscape Maintenance Services Contract to Merchants Landscape, Inc. effective July 9, 2020. The contract contained a stipulation allowing the City Council to renew the contract for two additional one-year periods at the end of the first term, based on performance and approval by the City Council.

CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Landscape Maintenance Services - Authorization To Advertise Request For Proposals (RFP) Page 2 of 2
At the May 2, 2023 City Council Meeting, Amendment Number 1 was approved with a one-year extension and a 3% overall increase. At the July 16, 2024 City Council meeting, Amendment Number 2 was approved with the second one-year extension and a 5% overall increase. The current 5-year contract will expire on July 31, 2025.

Therefore, city staff prepared a Request for Proposals for Landscape Maintenance Services (Attachment C) that provides for the City to award a contract to a contractor that best meets the City’s requirements based on their qualifications and experience in performing similar work.

ANALYSIS
Extending the agreement for Merchants Landscape Services, Inc. for a period of 90 days to November 1, 2025, provides staff adequate time to issue and evaluate the RFP and recommend to the City Council the award of a new contract. The proposed additional fee of $255,000 will be utilized to continue to maintain the parks, medians, facilities, hardscape, landscape, parkettes, parkways, and all other City assets.

ENVIRONMENTAL
The maintenance of the City’s landscape and hardscape is vital to the safety, welfare and overall quality of life of residents and businesses. This activity is also necessary to protect the City’s assets including parks, parkettes, medians, parkways and facilities.

DISCUSSION
N/A

SUMMARY/NEXT STEPS
Upon approval of the recommended actions by City Council, Public Works staff will execute the Third Amendment with Merchants Landscape Services, Inc. and issue the Request for Proposals.

ATTACHMENTS:

A. Third Amendment
B. Agreement with Merchants Services, Inc.

C. Request for Proposals (Draft)
ITEM STATUS:

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

THIRD AMENDMENT TO

CITY OF SANTA FE SPRINGS

LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WITH
MERCHANTS LANDSCAPE SERVICES, INC.

This Third Amendment to Landscape Maintenance Services Agreement (“Third Amendment”) is made and entered into this 1st day of July 2025 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation (“City”) and Merchants Landscape Services, Inc., a California corporation (“Contractor”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both City and Contractor.

RECITALS
WHEREAS, on August 1, 2020, City and Contractor entered into the Landscape Maintenance Services Agreement for Contractor to provide landscape maintenance services to City (“Agreement”); WHEREAS, on May 2, 2023, City and Contractor entered into the First Amendment, amending the Agreement to implement a three-percent increase in the total annual fee increasing it to $926,652 (“First Amendment”); WHEREAS, on July 16, 2024, City and Contractor entered into the Second Amendment, amending the Agreement to implement a five-percent increase in the total annual fee increasing it to $997,905.24 (“Second Amendment”); WHEREAS, the Agreement provides for a three-year term with an option to extend for two additional one-year periods and the 2nd extension will terminate on July 31, 2025; and
WHEREAS, the Parties desire to further amend the Agreement to extend the Agreement by an additional term of 90-days, from August 1, 2025 to November 1, 2025, and include that City will pay Contractor additional compensation not to exceed Two Hundred and Fifty Thousand Dollars and Zero Cents ($255,000.00) for work completed during the extension.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. The Recitals, and the terms defined therein, are true and correct and are hereby incorporated into and made a part of this Second Amendment.

2. Section 1 of the Agreement is hereby amended to extend the term of the Agreement through November 1, 2025.

3. Pursuant to Section 5 of the Agreement, the total compensation to Contractor for the work completed during the 120-day term extension shall not exceed Two Hundred and Fifty Thousand Dollars and Zero Cents ($255,000.00).

4. Except as otherwise set forth in this Third Amendment, the Agreement and all previous amendments shall remain binding, controlling, and in full force and effect. Section 1 of the Agreement notwithstanding, this Third Amendment, together with the Agreement and all previous amendments, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

5. The provisions of this Third Amendment shall be deemed a part of the Agreement and all previous amendments and except, as otherwise provided under this Third Amendment, the Agreement and all previous amendments and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Agreement and all previous amendments, the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Agreement and all previous amendments and no further.

6. If any portion of this Third Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

7. This Third Amendment 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, shall 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, shall be in the Central District of California located in the City of Los Angeles, California.

8. The individuals executing this Third Amendment 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.

9. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above. CITY OF SANTA FE SPRINGS MERCHANTS LANDSCAPE SERVICES, INC. ____________________________ ____________________________ William K. Rounds, Mayor Mark Brower, President Date: ____________________ Date: _______________________ ATTEST: MERCHANTS LANDSCAPE SERVICES, INC.
__________________________ ____________________________ Fernando Munoz, City Clerk Donna Brower, Secretary
Date: _______________________
APPROVED AS TO FORM:
____________________________
Rick Olivarez, City Attorney

CITY OF SANTA FE SPRINGS

LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WITH
MERCHANTS LANDSCAPE SERVICES, INC.

This Landscape Maintenance Services Agreement ("Agreement") is made and effective as of the 151 of August, 2020 ("Effective Date"), by and between the City of Santa Fe Springs, a California municipal corporation, ("City") and Merchants Landscape Services, Inc., a California corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 1, 2020, and shall remain and continue in effect for a period of three years, unless sooner terminated pursuant to the provisions of this Agreement. The City shall have the option to extend the term for two additional oneyear periods upon City Council approval.

2. SERVICES
Contractor shall perform the services described and set forth in the City's Request for Proposals attached hereto as Exhibit A and Contractor's Proposal attached hereto as Exhibit B ("Services"), both incorporated herein as though set forth in full.

3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of Contractor's ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor under this Agreement.

4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement.

5. PAYMENT
A. The City agrees to pay Contractor for Services satisfactorily performed the monthly amount of $74,982.68 ($899,792.16 per year) for the Agreement term, in accordance with the fees set forth in Exhibit B.

B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or designee. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Contractor at the time the City's written authorization is given to Contractor for the performance of said services.

C. Contractor will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Contractor's Services or fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least ninety (90) days' prior written notice. Upon receipt of said notice, Contractor shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Contractor the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Contractor will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONTRACTOR
If the City determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Contractor a written notice of the default. Contractor shall have seven (7) days after service of said notice to cure the default. In the event that Contractor fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall also have the right to offset against the amount of any fees due to Contractor any costs incurred by the City as a result of Contractor's default.

8. OWNERSHIP OF DOCUMENTS
A Contractor shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Contractor shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with Landscape Maintenance Services
2 generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Contractor in the course of providing the Services under this Agreement.

9. INDEMNIFICATION AND DEFENSE
A. Indemnity.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and any and all of its officials, officers, employees, agents, and/or volunteers ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs, caused in whole or in part by the acts, errors, or omissions of Contractor, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) in the performance of Services under this Agreement.

B. Duty to Defend.

In the event the City, its officials, officers, employees, agents, and/or volunteers are made a party to any claim, action, lawsuit, or other adversarial proceeding ("Action") arising from the performance of the Services under this Agreement, whether or not Contractor is named in such Action, and upon demand by the City, Contractor shall defend the City at Contractor's sole cost, or at the City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense.

Landscape Maintenance Services
3 C. Payment by the City for Services is not a condition precedent to enforcement of this section. Contractor's duty to defend, indemnify, and hold harmless the City shall not extend to the City's sole or active negligence. In the event of any dispute between Contractor and the City as to whether liability arises from the sole or active negligence of the City or its officials, officers, employees, agents, and/or volunteers, Contractor will be obligated to pay for the City's defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including, but not limited to, attorney's fees, expert fees and costs of litigation.

10. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and made a part of this Agreement.

11. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. The City shall have the right to offset Landscape Maintenance Services
4 against the amount of any fees due to Contractor under this Agreement as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

C. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

12. LEGAL RESPONSIBILITIES
Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section.

13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during Landscape Maintenance Services
5 his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without the City's prior written authorization, unless the information is clearly public. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or designee, or unless requested by the City's attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives the City notice of such court order or subpoena.

B. Contractor shall promptly notify the City should Contractor, its officers, employees, agents, and/or subcontractors be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Contractor in such proceeding, Contractor agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

Landscape Maintenance Services
6 To the City:

To Contractor:

17. ASSIGNMENT
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Director of Public Works
Mark Brower, President
Merchant Landscape Services
151 O S. Lyon Street
Santa Ana, CA 92705
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Before retaining or contracting with any subcontractor for any services under this Agreement, Contractor shall provide the City with the identity of the proposed subcontractor, a copy of the proposed written contract between Contractor and such subcontractor which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

Landscape Maintenance Services
7 21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

22. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

23. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

24. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

25. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

Landscape Maintenance Services
8 EXHIBIT A

REQUEST FOR PROPOSALS

EXHIBIT B

CONTRACTOR'S PROPOSAL

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of the City, and prior to commencement of Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If the Contractor maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.

Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease).

Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits 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 include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, or Contractor's agents, representatives, employees or subcontractors.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance 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.

The City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of Agreement provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or non renewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with contractors, subcontractors, and others engaged in the Services will be submitted to the City review.

The City's right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

EXHIBITC

Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

REQUEST FOR BIDS
No. 25 - 2
Landscape Maintenance Services
Issue Date: Tuesday, July 8, 2025 Questions Due Date: Tuesday, July 22, 2025, at 2 pm Pacific Proposal Due Date: Tuesday, August 5, 2025, at 2 pm Pacific 2 (THIS PAGE INTENTIONALLY LEFT BLANK)
3 TABLE OF CONTENTS
I. INTRODUCTION .......................................................................................................................4 II. ABOUT THE CITY OF SANTA FE SPRINGS .........................................................................4III. SCHEDULE/TIMELINE ...........................................................................................................4IV. SCOPE OF WORK/SPECIFICATIONS ..................................................................................5 V. INSTRUCTIONS TO BIDDERS ............................................................................................. 18VI. PROCESS FOR SUBMITTING BIDS ................................................................................... 19VII. INQUIRIES/QUESTIONS ..................................................................................................... 19VIII. SUBMISSION CRITERIA ................................................................................................... 19 IX. PREVAILING WAGES (IF APPLICABLE) ........................................................................... 19X. WAGE RATES FOR STATE-FUNDED PROJECTS/CONTRACTS (IF APPLICABLE) ...... 20XI. STANDARD TERMS AND CONDITIONS ............................................................................ 20 4 I. Introduction
The City of Santa Fe Springs is seeking proposals from qualified contractors to provide landscape maintenance services, related services as needed. City desires to establish an agreement for three (3) years, with possible extension options. Interested contractors demonstrate that they have sufficient, readily available personnel, support, supplies, equipment, and financial resources to carry out the work without delay or shortcomings. Please review the City's bid document for details regarding the requirements and directions on how to submit a response.

II. About the City of Santa Fe Springs
Santa Fe Springs is located in the southeast segment of the County of Los Angeles. Though incorporated in May 1957, the City's history dates to 1871 when Dr. James E. Fulton came to the area and discovered a sulfur spring that was later developed into a health spa. Today, the city has approximately 18,800 residents and over 3,000 businesses. The city provides a full range of municipal services, including police and fire, street maintenance, water utilities, recreational services, a public library, and cultural events.

Additionally, the City is responsible for two (2) other legally separate entities, which include the Successor Agency to the Redevelopment Agency and the Housing Successor Agency to the Housing Authority.

The City's vision statement affirms, "The City of Santa Fe Springs is a great place to live, work, and play." The mission statement is, "The City of Santa Fe Springs is committed to enhancing the quality of life of its residents and businesses by providing a safe environment, a thriving business community, quality family, youth, and senior services, and sound financial management of the community's resources." The guiding values are as follows:
• Personal integrity, honesty, and ethics • Public service • Compassion • Responsibility, accessibility, and accountability • Dedication III. Schedule/Timeline
• Release Solicitation Tuesday, July 8, 2025
• Online Q&A Deadline Tuesday, July 22, 2025, at 2 pm Pacific • Deadline to Submit Responses Tuesday, August 5, 2025, at 2 am Pacific • Review Response Late August 2025 • Interviews (if needed) TBD • Award October 2025 5 IV. Scope of Work/Specifications
The following general conditions detail basic program requirements and services to be provided under the contract. A. NOT AN AGENT OF CITY
It is expressly understood and agreed that the Contractor furnishing all labor, services, materials and equipment and performing the work as provided in the Agreement is acting as an independent contractor and not as an agent or employee of the city.

B. PERFORMANCE OF WORK-GENERAL
Contractor shall, at its own cost and expense, furnish all labor, materials, tools, equipment and incidentals required by the Scope of Services and as referenced in the Agreement. The general items of work include the maintenance and irrigation of the landscape and hardscape of the City’s medians, parks, parkways, greenbelts, planters, parkettes, athletic fields, and City facilities. The Contractor will assume all areas mentioned in an as-is condition.

C. LOCATION OF WORK
The location of each work area and facility to be serviced is identified in the Detailed Service Area Fee Schedule.

D. EMERGENCY INFORMATION
The names, addresses and telephone numbers of the Contractor and/or their representatives shall be on file with the City Engineer (11710 Telegraph Rd), Municipal Services Yard (12636 Emmens Way), Police Services Center (11576 Telegraph Road) and Fire Department Headquarters (11300 Greenstone Avenue).

E. STANDARD OF PERFORMANCE
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any material furnished shall be subject to the approval of the Contract Administrator; and that both work and materials will meet the requirements of this Agreement.

F. REPRESENTATIVES

1. CITY - CONTRACT ADMINISTRATOR
City shall designate the Director of Public Works or his designee as the 6 City’s Contract Administrator and shall act as the City’s representative for the performance of the Agreement. The Contract Administrator shall have the power to act on behalf of the City for all purposes under the Agreement. Contractor shall not accept direction or orders from any person other than the City’s Contract Administrator.

2. CONTRACTOR - SUPERVISOR
Contractor shall designate a Supervisor to act as the Contractor’s representative for the performance of this Agreement. The Supervisor shall have full authority to represent and act on behalf of the Contractor for all purposes under the Agreement. The Supervisor shall supervise and direct the performance of the Scope of Services. The Supervisor shall meet with the Contract Administrator as necessary to effectuate the purposes of the Agreement, and must be available to respond to inquiries, job walks and inspections of the maintained areas as required. The Supervisor shall have at least five (5) years’ experience in the management of landscape maintenance services for municipal government entities. The Supervisor shall be on site for a minimum of four (4) hours per workday. The cost for the Supervisor shall be included as part of the fee for each of the service areas as identified in the Detailed Service Area Fee Schedule.

A separate cost for the Supervisor will not be accepted unless it is approved in advance by the city as Extra Work.

3. CONTRACTOR- IRRIGATION SPECIALISTS
Contractor shall maintain on staff an Irrigation Specialists with demonstrated competency, knowledge and experience in the use of programming, troubleshooting, maintenance and repair of all stand-alone and centralized irrigation controllers used by the City.

Contractor shall provide two (2) Irrigation Specialists for a total of eighty (80) hours per week to provide preventive maintenance and minor irrigation system repair services. Each Irrigation Specialists assigned to the City shall have their own vehicle to perform irrigation system services. Irrigation Specialists shall have at least five (5) years’ experience in the diagnosis, repair, replacement, and installation of all irrigation system components, including controllers, wiring and connections, mainlines, backflow prevention devices, control valves, master valves, flow sensors, pressure regulators, etc. 7 The cost for the Irrigation Specialists shall be included as part of the fee for each of the service areas as identified in the Detailed Service Area Fee Schedule. A separate cost for the Irrigation Specialists will not be accepted unless it is approved in advance by the city as Extra Work. See pages eleven (11) and twelve (12) of the Scope of Services for details regarding irrigation system maintenance and repairs.

4. CONTRACTOR – GROUNDSKEEPER
Contractor shall provide Four (4) Groundskeepers. Each Groundskeeper shall be assigned to and responsible for the landscape and maintenance of one of the following City facilities: (a) TCH Plaza (includes City Hall) (b) Clarke Estate (c) Heritage Park (d) All City Parks Each Groundskeeper shall be assigned to the facility eight (8) hours per day, Monday through Friday (40 hours per week for 52 weeks).

G. MATERIALS PROVIDED BY CONTRACTOR
Contractor shall furnish all materials needed to complete the Scope of Services. 1. Waste disposal bins and disposal. 2. Irrigation parts required to make repairs and replacement. 3. Color for flower beds designated and scheduled by the city. Installation schedule is quarterly, see page 10.

H. WORKFORCE
If applicable, contractor shall pay all workers engaged in the work, prevailing rates of wages for public works contracts, as determined by the Director of Industrial Relations of the State of California or Secretary of Labor for Federal Rates, whichever is greater. The Contractor shall provide sufficient personnel to perform all work in accordance with the Agreement. 8 I. UNIFORMS
Contractor’s personnel shall be clearly identifiable as an employee of the Contractor while working in the City by wearing clean and neat uniforms, complete with company name, logo and nametag. The Contractor shall require its personnel to wear proper Personal Protective Equipment (PPE) which includes but not limited to work shoes, clothing and gear required by Federal and/or State of California Safety Regulations.

J. VEHICLES AND EQUIPMENT
Contractor shall provide an adequate number of vehicles and equipment to perform the Scope of Services. All vehicles shall conform to the highest industry standards, shall be maintained in a clean and efficient condition and shall comply with all measures and procedures promulgated by all agencies and jurisdiction. Contractor shall make available sufficient back-up vehicles and equipment to ensure that the provision of services remains uninterrupted during the term of the Agreement.

The Contractor’s vehicles shall be clearly identifiable by company name, logo, and local telephone number printed conspicuously on the vehicle. Each vehicle shall also bear a distinct identification number. The noise level generated by vehicles and equipment shall not exceed a singleevent noise level of seventy-five (75) decibels at twenty-five (25) feet from the vehicle or equipment.

K. COOPERATION WITH OTHER WORK FORCES
Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by other agencies, City and companies. The City, its workers and contractors, utility companies and others, shall have the right to operate within or adjacent to the work site during the performance of the Scope of Services. The Contractor shall not be entitled to any additional compensation from the City for damages or delay resulting from such simultaneous, collateral, and essential work.

L. CLEANING AND ENVIRONMENTAL CONTROLS
Contractor shall comply with all applicable litter, pollution and environmental laws (National Pollutant Discharge Elimination System Regulations) while performing 9 the Scope of Services. All subcontractors and employees shall likewise obey these laws, and it shall be the responsibility of the Contractor to ensure compliance. Contractor shall exercise every reasonable precaution to protect storm drains from pollution. The Contractor shall not discharge smoke, dust or any other pollutants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Contractor shall separate litter and trash from landscape green wastes and dispose of these waste materials in the appropriate waste disposal bins distributed throughout the City.

M. PROTECTION OF PROPERTY
Contractor shall be responsible for the protection of public and private property adjacent to each work site and shall exercise due caution to avoid damage to such property. Should any facility, structure, or property be damaged during the operations of the Contractor, the Superintendent shall immediately notify the property owner(s) or authorities. Contractor shall repair or replace all existing improvements that are damaged because of its operations, at its own expense. The Contractor shall pay all damages and losses incurred. Repairs and replacements should be at least equal to previous conditions before damage or loss incurred and shall match in finish and dimension. Landscaping damaged by the Contractor’s operations shall be restored or replaced in as nearly the original condition and location as reasonably possible.

N. TRAFFIC CONTROL – PUBLIC CONVENIENCE AND SAFETY
Contractor shall comply with the requirements of the American Public Works Association Traffic Control Handbook, and the State of California Manual of Temporary Traffic Controls for Construction and Maintenance Work Zones, except as modified and supplemented below: 1. Contractor shall conduct its operations to offer the least possible obstruction and inconvenience to the public and shall have underway no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.

2. Contractor shall maintain safe and adequate pedestrian and vehicular access to all properties. Access shall be continuous and unobstructed, unless otherwise approved by the Contract Administrator. 10 3. Contractor shall furnish and maintain all signs to safely guide the public through the project limits, as described herein, and as directed by the Contract Administrator.

4. Contractor’s employees working within the right-of-way shall always wear reflective vests.

5. Lane Closures. In compliance with the California Traffic Control Handbook, Contractor shall provide, at its own expense, all materials, equipment and trained personnel required for proper closure of one or more lanes of traffic on City streets. This shall include, but not limited to the provision of cones, delineators, barricades, traffic control signs, arrow boards, extra traffic personnel, etc. No lane closures on arterial streets before 9am. See list below. List of Arterial Streets 1) Telegraph Road 2) Florence Avenue 3) Orr and Day Road 4) Norwalk Boulevard 5) Carmenita Road (between Imperial Hwy and Alondra Boulevard) 6) Pioneer Boulevard

6. Parking Restrictions. When necessary to facilitate the work, on-street parking of Contractor vehicles shall be restricted to within the work area limits, during the specified working hours, on weekdays only. Temporary “NO PARKING” signs shall be provided and posted by the Contractor not less than seventy-two (72) hours in advance of the start of work requiring said restriction. Temporary “NO PARKING” signs must clearly state the days, dates and hours when the parking restrictions will be in effect.

O. CUSTOMER SERVICE

1. Office Hours. Contractor’s office hours shall be weekdays from 7:00 a.m. to 5:00 p.m., excluding Saturdays, Sundays, and holidays. A Contractor representative shall be available by telephone during office hours for communication with the City’s Contract Administrator at the Contractor’s principal office.

2. After Hours Emergencies. Contractor shall maintain an emergency telephone number for use outside normal business hours. Contractor shall have a representative available at said emergency telephone number during all hours other than normal office hours. 11 P. PERMITS AND LICENSES
Contractor shall obtain all applicable permits and licenses required by other agencies of the State of California and County of Los Angeles, as well as a City business license. All applicable permits and licenses shall be obtained by and at the expense of the Contractor and/or subcontractors.

Q. DATA TO BE FURNISHED BY THE CONTRACTOR
Contractor shall furnish the Contract Administrator access to such information as may be required in connection with the progress and manner of the Scope of Services, including all information necessary to determine costs, such as the number of persons employed, their rate of pay, the time during which they worked on site and other pertinent data.

R. MAINTENANCE SCHEDULES

1. General. The Scope of Services shall be performed on a regular schedule, in accordance with the frequencies described in the Detailed Service Area Fee Schedule and incorporated herein by reference.

2. Initial Monthly Service Schedule. Within one week after the Notice to Proceed, and prior to the start of any work, the Contractor shall submit to the Contract Administrator for approval the proposed initial Monthly Service Schedule that reflects the service frequency identified in the Detailed Service Area Fee Schedule. The Contract Administrator will communicate approval or a revised schedule within five (5) working days.

3. Monthly Service Schedules. After the initial schedule, Contractor shall provide updated Monthly Service Schedules to the Contract Administrator not later than the first Friday of each month until completion of the Agreement. The updated Monthly Service Schedule should show any significant changes in activities since submission of the previous schedule, including upcoming seasonal periodic work.

S. MONTHLY REVIEW OF PERFORMANCE AND QUALITY OF SERVICE The Contractor Administrator, Superintendent and Supervisor shall meet monthlyto review the performance and quality of service by the Contractor as identified in the prior month’s Service Schedule. The monthly review will include on-site visits to service areas to be determined by the Contract Administrator.

T. CHANGES TO THE SCOPE OF SERVICES- CONTRACTOR
If conditions develop during the progress of the work and the Contractor finds it impractical to comply strictly with the provisions of the Agreement or the Scope of 12 Services, Contractor may request in writing for a modification of requirements or methods of work. The Contract Administrator is authorized to approve the requested change.

U. CHANGES TO THE SCOPE OF SERVICES - CITY
The City reserves the right to make such changes in the Scope of Services or to add Extra Work and as determined by the Contract Administrator to be necessary or in the City’s best interests. Changes may include alterations, deviations, and additions of Extra Work or deletions from the Scope of Services. The City reserves the right to increase or decrease the frequency of any item or portion of work or to omit any item or portion of the Scope of Work. 1. Extra Work. Extra work shall include specific tasks of work outside the Scope of Services. Such extra work shall have a specific written scope of services, cost and schedule agreed upon the City and the Contractor. City will provide Contractor with a written Authorization to Proceed. Compensation for extra work will be based on Contractor’s Extra Work Rate Schedule.

2. Changes to Scope of Services. Changes to the Scope of Services shall include specific additions to or deletions from the Scope of Services set forth in the Agreement, or an increase or decrease in the frequency of any item or portion of the Scope of Services. The cost per month for added or deducted work areas shall be determined by computing the area (in square feet) of the added or deducted work area multiplied by the monthly bid price for the corresponding quantity of turf, planted area or hardscape area as listed in the Detailed Service Area Fee Schedule incorporated herein by reference.

V. WORK TO BE PERFORMED BY CONTRACTOR

1. Contractor shall maintain the landscape and hardscape areas identified in the Detailed Service Area Fee Schedule and incorporated herein by reference. The scope of work shall generally include maintenance of landscaped median islands, public parkways (greenbelts and planters and tree wells), parks, parkettes, parking lots, athletic fields and City facilities’ landscape and hardscape areas.

2. Contractor shall not work or perform any operation, particularly during periods of inclement weather, which may destroy or damage plant, ground cover or turf areas. The Contract Administrator shall have authority to suspend the work, wholly or in part, for such period as may be deemed necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable performance of the work. Any work 13 not performed due to inclement weather and not rescheduled shall be deducted from the monthly billing statement.

3. Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within one (1) hour of notification. If Contractor cannot be notified or does not respond in a timely manner, the city will respond to the emergency.

4. Contractor shall schedule his operations so as not to interfere with the public’s use of the areas set forth in the Detailed Service Area Fee Schedule. Contractor shall conduct its operations to provide maximum safety for the public and to offer the least possible obstruction, inconvenience, or disruption to the peace and quiet of the area to the public around which the services are performed.

W. WORKING HOURS
Unless otherwise approved by the City, normal work or activity of any kind shall be limited to the hours between 7:00 a.m. to 5:00 p.m. from Monday through Friday. No noise from the work performed under this Agreement shall be permitted between the hours of 5:00 p.m. and 7:00 a.m. of the next day, pursuant to the City of Santa Fe Springs Municipal Code.

X. EMERGENCY WORK
The City may call upon the Contractor to respond to an emergency that requires immediate attention during working hours and outside of working hours. The city will be the sole judge in determining an emergency. Contractor shall be required to respond to the emergency within one (1) hour of notification by the City. Claims for additional compensation for emergency work will be paid as extra work.

Y. COMPENSATION AND BILLING
Payment for regular recurring landscape maintenance services provided under the Agreement shall be at the annual bid price, to be paid in equal monthly installments. Contractor shall only be compensated for actual services rendered in accordance with the Detailed Service Area Fee Schedule. The Contract Administrator will review and approve the invoice for payment of services rendered consistent with the Agreement after the services have been completed.

Invoices will be processed monthly for payment and remitted within thirty (30) days from receipt of invoice, if work is accomplished consistent with Agreement as determined by the Contract Administrator. 14 Z. DEDUCTIONS
The city may withhold and/or deduct payment to such extent as may be necessary to protect the city from loss due to: 1. Work required as identified in the Detailed Service Area Fee Schedule that is defective, incomplete or not performed, including any maintenance not performed due to inclement weather and not rescheduled.

2. Claims filed or reasonable evidence indicating probably filing of claims for damages caused by the Contractor to private or public property.

3. Expenses incurred by the City to perform work required as identified in the Detailed Service Area Fee Schedule that the Contractor performed in a defective or incomplete manner.

STANDARDS OF PERFORMANCE The Contractor shall perform the following services: A. MOWING Turf shall be mowed with a properly sharpened power rotary mower to ensure a smooth surface appearance without scalping or leaving visible clippings on the turf or adjacent walkways. The mowing heights will be adjusted according to the needs of the city or during periods of renovation. A mowing schedule shall be established and maintained. This schedule will ensure that all areas will be mowed not less than once a week. Mowing personnel shall flag broken sprinkler heads for repair.

B. EDGING
Grass along sidewalks, curbs, shrub and flowerbeds, infield baselines, outfield/infield edges, and walls shall be trimmed to a neat and uniform line. Straight edges of sports fields must be done with string. Arches of sports fields must be measured out to field specifications. Edging shall be done concurrently with each mowing. Turf edges shall be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. After mowing and edging is completed, all adjacent hardscape areas are to be cleaned. All trash and debris generated by mowing and edging shall be collected and removed immediately following the work performed. Where trees occur in turf areas, all grass shall be removed 6 inches from the trunks of trees by approved chemicals or by hand as required. Mulch shall be applied to the base of tree trunks to reduce weed growth. String trimmers may not be used to clear turf around trees. 15 Contractor shall trim around all sprinkler heads as necessary to provide maximum irrigation coverage. The edge of the turf shall be trimmed around valve boxes, meter boxes, backflow devices, or any structures located within the turf areas using mechanical methods.

C. FERTILIZATION
Contractor will provide fertilizer and fertilize all turf areas at each City facility four (4) times per year, in accordance with the attached Pesticide and Fertilizer Schedule.

D. AERATION
Contractor will provide core aeration of all turf areas at each City facility two (2) times per year. The first aeration shall be performed in the months of March/April. The second aeration shall be performed in the months of October/November. Core aeration shall be performed removing ½ inch diameter by six (6) inch deep cores of turf, roots, and soil with tines not more than 6 inches spacing. Cores shall be pulverized over the turf surface. Sports field infields and outfield areas; core aeration of all turf areas shall occur six (6) times per year.

E. SEASONAL OVERSEEDING
Contractor shall reseed all turf areas as identified in the Detailed Service Area Fee Schedule once a year in November, and pursuant to the Contract Administrator’s authorization. The Contractor will provide all seed and materials necessary to all turf areas. All bare or sparse areas shall be seeded at the direction of the Contract Administrator.

Overseeding of sports fields shall occur twice annually-once in October/November and once in March/April-using seed types specified by the Contract Administrator.

F. WEED CONTROL
Turf areas will be maintained in as nearly a weed-free condition as reasonably possible. The Contractor will provide the chemicals. The Contractor shall apply chemicals for weed control by a Qualified Applicator Certificate (QAC) or Qualified Applicator License (QAL) in accordance with the attached Pesticide and Fertilizer Schedule.

G. ANNUAL COLOR
Contractor shall install and provide annual color flowers every two (2) months (6 times per year) at four (4) specified locations at City Hall, eight (8) specified 16 locations at Clarke Estate, four (4) specified locations at Heritage Park, two (2) specified locations at Friendship Park, four (4) specified location at Town Center Hall, one specified location at Telegraph Rd City Marker west end, and one specified location on Telegraph Rd median and Cedardale only. The Contractor shall provide the color flowers to the City. The Contract Administrator will identify the areas and colors at each identified City facility where the color flowers will be installed.

Annual Color Schedule

1. First two weeks in February 2. First two weeks in April 3. First two weeks in June 4. First two weeks in August 5. First two weeks in October 6. First two weeks in December H. PLAYGROUND AREAS - PARKS AND PARKETTES
In addition to the landscape and hardscape maintenance, Contractor shall maintain the playground area surfaces by raking and blowing any leaves plus the raking of sand, wood chips, engineered wood or other surface material adjacent to and under playground equipment including but not limited to swings, slides, stairs, etc. Special attention shall be given to the landing areas for the playground equipment. Contractor shall inform the City if additional playground surface material is required to maintain a level surface. The City shall install the surface material.

I. PRUNING
Contractor shall perform pruning of all shrubs located within each of the City’s service areas to promote healthy growth habits for shape and appearance. Shrubs shall be maintained free of damaged, dead, weak, diseased or insect-infested limbs, flowers, seed heads or fruiting bodies. Contractor shall remove all clippings the same day shrubs are pruned. Pruning shall be performed as often as necessary, but not less than once per month, to maintain public safety, neat, tidy appearance and a vigorous healthy condition of all shrubs. Contractor shall perform pruning services of low-hanging tree branches that pose a risk to public safety.

J. MAINTENANCE OF HARDSCAPE
Contractor shall maintain all hardscape areas identified in the Detailed Service Area Fee Schedule in a clean and safe condition. All litter shall be manually 17 removed or vacuumed. Contractor shall not be permitted to use water to clean hardscape surfaces. Contractor shall not blow dirt or debris into traffic lanes, walking paths, parking lots, planters, or pool decking. Contractor shall maintain monument signs clean of dirt and debris. Vandalism of monument signs shall be reported to the Contract Administrator.

K. IRRIGATION SYSTEM MAINTENANCE
In accordance with State water regulations, Contractor shall be responsible for irrigating all landscaped areas as required to maintain vigorous growth rate and appearance. Consideration shall be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff, and the relationship of conditions that affect day and night watering. Contractor shall be responsible for maintaining all systems within the areas identified in the Detailed Service Area Fee Schedule and for the correction of coverage, sprinkler adjustments, nozzle replacements, head cleaning, minor valve and controller maintenance. Contractor shall perform the following irrigation system maintenance services: 1. Perform periodic irrigation system checks and adjust sprinkler system function and coverage following mowing or recurring maintenance activity.

2. Establish and maintain a schedule of performing irrigation system checks. 3. Flag broken sprinkler heads for repair or replacement with each mowing or recurring maintenance activity.

4. Manually irrigate areas that do not have automatic sprinkler systems, or during periods of prolonged heat.

5. Program irrigation controllers and adjust sprinkler frequency and duration of cycle length.

6. Program controllers such that irrigation occurs between midnight and 5:00 a.m. Frequent repeat cycles may be required to germinate grass seed or reduce irrigation runoff.

L. IRRIGATION SYSTEM REPAIRS
Contractor shall perform minor (routine) repairs to the irrigation system arising from normal wear and tear at no additional cost to the City. Minor repairs shall include but not limited to:
18 1. Replacement of nozzles, pop-up spray heads, rotary sprinkler heads, drip irrigation emitters, tubing and filters.

2. Repair/replacement of automatic control valve solenoids, bleed screws, diaphragms, etc.

3. Repair/replacement of broken swing joint assemblies, risers, quick couplers, etc.

4. Replacement of automatic controller batteries and other minor adjustments. Contractor shall perform major (extraordinary) repairs, as determined by the Contract Administrator, to the irrigation system not described above for additional compensation by the City. Major repairs shall be performed as follows: 1. Contractor shall provide the City with a written estimate price to perform the major repairs. Major repairs will be billed as Extra Work following completion of the work and approval by the City.

2. The Contractor will provide all irrigation system parts for major repairs. 3. The City reserves the right to perform major repairs with its own staff or a third party.

4. Any necessary repairs to main lines over 2” will be considered as major repairs to the irrigation system. An estimate, with approval from Contract Administrator, will be required to use the extra work rate schedule before work can be performed.

V. Instructions to Bidders
Interested prospective contractors should submit a complete bid for the items/services they can provide to the city. When preparing your submittal, please refer to the list below to ensure all items have been included. All submissions must consist of the following:

A. Cover/Introductory Letter that includes the following:
• Business name • Address • Contact Person Name/Title • E-mail Address • Phone Number • Statement of Capabilities (description of your firm’s ability to provide the items/services described in the scope of work/services, number of years in service/operation, number of personnel, and describe any relevant experience) 19 B. Cost Proposal (Please use the Line-Item Tab in PlanetBids to submit your pricing for the requested items. Supplemental attachments that provide additional information are acceptable) C. References (See Attachment A) D. Non-Collusion Affidavit (See Attachment B) VI. Process for Submitting Bids
All bids must be submitted electronically via PlanetBids. Submissions must be received by Tuesday, August 5, 2025, at 2 pm Pacific. Submissions will not be accepted after this deadline. Faxed, mailed, or e-mailed submissions will not be accepted. To access the City’s PlanetBids website, please visit:
https://vendors.planetbids.com/portal/65093/portal-homeProspective bidders must register with PlanetBids before being able to view or submit a response.

VII. Inquiries/Questions
Inquiries/questions regarding this solicitation must be submitted via PlanetBids by Tuesday, July 22, 2025, at 2 pm Pacific.

VIII. Submission Criteria
The city may contact and evaluate the bidder's references; contact any bidder to clarify any response; contact any current users of a bidder's services; solicit information from any available source concerning any aspect of submission; and seek and review any other information deemed pertinent to the evaluation process.

After submissions have been reviewed, discussions with bidders may or may not be required. An electronic notice may be sent to the selected contractors. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing contractors unless an agreement is reached. If contract negotiations cannot be concluded successfully and expeditiously, the City may negotiate with another bidder or withdraw the solicitation.

IX. Prevailing Wages (If Applicable)
Legislation by the State of California imposes prevailing wage requirements on the work to be performed by the vendor/contractor during the term of this Agreement. Department of Industrial Relations (DIR) Registration Requirements:

No vendor/contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations under 20 Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.l(a)]. No vendor/contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5. This vendor/contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Vendor/Contractor acknowledges and agrees that it is responsible for compliance with all state law requirements governing employment and payment of apprentices, as outlined in Labor Code section 1777.5, and elsewhere, which are fully incorporated herein by this reference.

X. Wage Rates for State-funded Projects/Contracts (if
Applicable)
Bid specifications require the vendor/contractor and any subcontractors to pay prevailing wage ("Prevailing Wage Rates") to persons employed by them for work under this contract. Following the provisions of Section 1773 of the Labor Code of the State of California, the City has ascertained the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. The State prevailing wage rates determination is available directly from the State of California Director of Industrial Relation’s home page, www.dir.ca.gov/dlsr/.

XI. Standard Terms and Conditions
A. Specifications and Qualifications: Bidders shall carefully review all specifications, drawings, scopes of work, and any other bid requirements, including but not limited to insurance, bonding, licensing, references, affidavits, certifications, etc. that may be called for in the bid documents, to ensure qualifications and submission of a responsive bid or proposal. All requirements specified in the bid documents will be made a part of any contract with the successful bidder.

B. Questions: Any questions concerning this bid request are to be directed in writing to the City's Procurement Manager or the person named in the bid documents electronically by the date indicated in the bid. In the event no specific date is indicated, questions are due no later than seven (7) calendar days prior to the scheduled bid submittal date. Attempts to obtain information from other City employees or representatives during the bid cycle may disqualify a bidder.

Answers to such inquiries, as well as any revision, deletion, or addition to the bid, will be posted on the City's PlanetBids website. Bidders should check the website for any addendums prior to submitting their bid. 21 C. Price Errors/Discrepancies: In the event of discrepancies between totals, unit price extensions, and summaries of totals, the unit price correctly extended will control.

D. Single or Multiple Awards: If more than one item appears on the bid proposal form and no statement to the contrary is set forth therein, the City reserves the right to: 1. Make multiple awards based on prices submitted; or 2. Make one award based on the total price of all items.

E. Open Competition: The city encourages all qualified business firms to submit proposals. The Department of Finance will assist by providing detailed instructions, procurement policies, and other relevant information upon request to any potential bidder seeking assistance.

F. Federally Funded Purchases: For projects designated as federally funded, the successful bidder will be required to certify prior to award that it has a written affirmative action program and complies with all federal, state, and local laws and regulations about affirmative action and non-discrimination. The vendor/contractor must also certify that they have not been disbarred and comply with any additional Federal regulations that may be indicated within the specific bid documents. When this provision applies to the bid, this certification shall be made on the bid form that will be provided with the bid documents.

G. New Materials: Unless a bid specification calls for used, refurbished or recycled materials, all items or materials bid and supplied to the city are to be new, unused products.

H. Alternates/Substitutions: When bidding for an item believed to be equal to that specified where equals are called for, sufficient supporting data to enable the City to determine whether the proposed item is equal must accompany your bid. Vendors/contractors should refer to the specification pages to determine if alternate products or specifications will be considered, and to determine any prequalification requirements that may be applicable.

I. Exceptions: Exceptions to the City's specifications, terms, or conditions taken at the time of or after bid submittal may render the bid non-responsive and result in disqualification. Vendors/contractors wishing to request such exceptions are asked to notify the city of such a request prior to the bid due date to allow for consideration and notification of acceptance or rejection of such request.

J. Scoring/Rating: The evaluation is based on weighted scores for various categories including price. Scoring criteria is summarized below:
22 • Experience in performing similar work for other Municipalities (35 percent) • Capability to perform the work based on staffing and equipment (25 percent) • Quality of work previously performed by the contractor as verified by reference checks (20 percent)
• Annual total fee proposal (20 percent).

K. Lowest Responsive, Responsible Bidder: It is understood that, except as may be otherwise expressly provided in the bid documents, the award will be made to the lowest responsive, responsible bidder where the bids are for identical items or supplies, subject to the right to reject any bids. When bids call for articles or supplies that are similar but of different brands or make, the city may accept the bid of the bidder who submits the article or supply which, in the City's judgment, is deemed best for the city, although it may not be the lowest bid.

L. Sales Tax/Taxes: The City’s sales tax rate is 10.75%. When submitting their response, bidders should submit their bid prices without including sales taxes, unless requested to do so. The city is exempt from Federal Excise tax.

M. Informality or Irregularity: The City reserves the right to waive any informality or irregularity in a bid when it is to the City's advantage and best interest to do so. It is further understood that if the bidder to whom any award is made fails to enter into an agreement in a timely manner, the award may be made to the next lowest responsible bidder, who shall be bound to perform as if he had received the award in the first instance.

N. Discounts/Rebates: All discounts or proposed rebates must be incorporated as reductions in the bid prices and not shown separately. The price shown in the unit price and its extension shall be used in determining the award.

O. Payment Terms: The City's standard payment terms are net 30 days. Payment will be made within thirty days of acceptance of goods or services and receipt of invoice, whichever occurs last. Discount payment terms may be offered; however, they will not be considered in determining the lowest responsive bid award.

P. Non-Collusion: By submitting a bid, the bidder certifies that they have not divulged, discussed, or compared their bid with other bidders, nor colluded with any other bidder or parties to the request for bid.

Q. Applicable Laws: All applicable laws and regulations of the State of California, County of Los Angeles, and City of Santa Fe Springs will apply to any resulting agreement, contract, or purchase order. Bidders are responsible to comply with all Federal, State and local rules, regulations and requirements applicable to their provision of the items and/or services to the City. 23 R. Patents, Royalties, and License Fees: Should any articles being bid be protected by patent, copyright, royalties, and/or license fees, the successful bidder shall include any such royalties or license fees in their bid price and defend all suits or claims for infringement of any patent right against the City. The successful bidder shall hold the City of Santa Fe Springs harmless from any loss on account thereof and cost and attorney’s fees incurred, therefore.

S. Quality Guaranty: All items furnished shall be new, of good workmanship, in full accordance with the specifications, and free of defects. Items will be subject to inspection by the city. If any product or service delivered shows evidence of shipping damage or defects, does not meet applicable specifications, or does not perform to the standards represented by the supplier, the City shall reject same. The supplier will refund the money which has been paid and bear all costs of removal and return of the products. Unless otherwise specified, all products provided shall have a warranty of at least twelve (12) months on workmanship, parts, and labor.

T. Hold Harmless and Indemnification: The successful bidder shall agree to indemnify, defend, and hold harmless the City (including its officers and employees) from and against any claims of any kind or nature presented against the City arising out of vendor/contractor's (including employees, representatives, products and subcontractors) performance under any purchase order or Agreement resulting from this bid, excepting only such claims, costs or liability which may arise out of the sole negligence of the City.

U. Bonding and Insurance Requirements: Some purchases may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City. When work is performed on City property, the City's standard insurance requirements (shown below) will apply unless otherwise indicated.

Commercial General Liability $2,000,000 Business Automobile Liability $1,000,000 Professional Liability or Errors and Omissions $2,000,000 Workers' Compensation and Employer's Liability $1,000,000 Cyber Liability Insurance $1,000,000 Tech. Professional Liability Errors & Omissions $2,000,000 City of Santa Fe Springs to be named as an Additional Insured. In addition, coverage shall be primary non-contributory. All policies shall provide for a minimum of thirty (30) days written notice of any change or cancellation. Insurance policies to be in form and written through companies acceptable to the City. Vendors/contractors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The 24 request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

V. Addenda: Any changes, deletions, or additions to this bid solicitation will be made by addendum numbered sequentially and posted via PlanetBids.

W. Right to Reject: The City of Santa Fe Springs reserves the right to accept or reject any/all bids.

X. Extension to Other Public Agencies: The awarded vendor/contractor(s), at their discretion, offer the prices, terms, and conditions of this bid may be extended to governmental agencies with the mutual Agreement of both the entity and vendor/Contractor. All requirements of the specifications, purchase orders, invoices, and payments with other agencies would be directly with the Contractor. The city will not be held responsible for any dispute arising from such an agreement.

Please review: Attachment A – References Attachment B – Non-Collusion Affidavit Attachment C – Draft GSA
RFB 25-2
Landscape Maintenance Services
ATTACHMENT A – References
(COMPLETE AND RETURN WITH YOUR PROPOSAL)
Entity Name
Entity Address Name of Contact
Telephone Number of Contact
Email of Contact Project Title Date of Project Entity Name Entity Address Name of Contact Telephone Number of Contact
Email of Contact Project Title Date of Project Entity Name Entity Address Name of Contact Telephone Number of Contact
Email of Contact Project TitleDate of Project
RFB 25-2
Landscape Maintenance Services
ATTACHMENT B – Non-Collusion Affidavit

PLEASE SUBMIT THIS NONCOLLUSION DECLARATION WITH YOUR BID DOCUMENTS/PROPOSAL The undersigned declares: I, ________________________________________________________ [your name], am a representative of __________________________________ [entity bidding], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], a ________________________[city], ______________________[state].

Bidder's Name (Printed):___________________________________________________________ Bidder’s Entity Name:_____________________________________________________________ Bidder's Signature:_______________________________________________________________ Bidder's Title:___________________________________________________________________ Contract No. XXXXXXX
1 [Insert City Mark]
2025

CONTRACT SERVICES AGREEMENT
(Contractor: [NAME])
(Nature of Engagement: Landscape Maintenance Services)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2025 (the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and [CONTRACTOR NAME] (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services and tasks necessary to achieve its purpose; and WHEREAS, CITY requires landscape maintenance services; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: Section 1. RecitalsThe Recitals set forth above and true and correct and incorporated herein to this Agreement by this reference.

Section 2. Term.

A. This Agreement shall have a term of three (3) years commencing on the Effective Date. Time is of the essence for this Agreement.

B. The City shall have the sole option to extend the Agreement term for two (2) additional, one (1) year terms. CITY will provide CONTRACTOR 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. CONTRACTOR shall provide CITY written acceptance to extend the Agreement term within ten (10) Contract No. XXXXXXX
2 days of service of CITY’s written notice to extend the term.

C. 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.

Section 3. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF CITY REQUEST FOR PROPOSAL” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF CONSULTANT PROPOSAL” (hereinafter, the “CONTRACTOR Proposal”). The term “Scope of Services” shall be a collective reference to the CITY RFP and CONTRACTOR Proposal. The capitalized term “Work” or “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services, attached hereto as Exhibit “A” to this Agreement and incorporated herein by this reference. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR 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 Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the Work to be performed under this Agreement; and (ii) has carefully considered how the Work should be performed. CONTRACTOR will inspect any location where the Work is to be performed and acquaint itself with the conditions of the location before commencing any of the Work requested by CITY.Should the CONTRACTOR discover any latent or unknown condition(s) which will materially affect the performance of the Work, CONTRACTOR shall immediately inform the CITY of such discovery and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and/or acceptance of the Work performed by CITY, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or Contract No. XXXXXXX
3 additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.

Section 4. Performance of Work.

A. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested; 2. The location of where the particular services or tasks are to be performed, if applicable;

3. A timeline for completing the requested services or tasks; 4. Any other information CITY deems necessary and relevant to the requested services or tasks; and

5. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONTRACTOR shall not perform any of the Services contemplated under this Agreement without a written Work Order request from the City Representative, containing the information set forth above. Once a written Work Order is received, CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the tasks and services as set forth in the Work Order or the Scope of Work. CONTRACTOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents.

C. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

D. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

E. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

F. CONTRACTOR shall comply with all applicable federal, state, and local laws and regulations, including all applicable Cal/OSHA and wage law and regulations in the performance of this Agreement.

Section 5. Compensation.

A. CONTRACTOR shall be compensated for Work performed in accordance with the Schedule of Compensation, attached hereto as EXHIBIT “B” (the “Approved Rate Schedule”) and incorporated herein by this reference. The foregoing notwithstanding, CONTRACTOR’s total compensation may not exceed the aggregate sum of [TYPE OUT DOLLAR AMOUNT] ($number) (hereinafter, the “Not-to-Exceed Sum”). In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior Contract No. XXXXXXX
4 to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

B. CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the Work requested by CITY.

C. Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the Work performed and completed during the recently concluded calendar month, including the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR’s monthly compensation is a function of hours worked by CONTRACTOR’s personnel, the invoice should identify the request or work order under which the Work was provided; the number of hours worked in the recently concluded calendar month; the personnel responsible for performing the Work performed; the rate of compensation at which such Work was performed, the subtotal for each Work performed and a grand total for all Work performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONTRACTOR 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 CONTRACTOR.

Section 6. Standard of Care.

A. CONTRACTOR represents, acknowledges, and agrees as follows:

1. CONTRACTOR shall perform all Work consistent with and adhering to the professional standard 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;

2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, permits, certifications and/or qualifications legally required to perform the Work and make the same available to CITY for copying and inspection;

3. CONTRACTOR shall perform and complete all Work in a manner that is reasonably satisfactory to CITY;

4. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all applicable schedules of performance; and

5. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the Contract No. XXXXXXX
5 reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and time to complete all Work as specified by the Scope of Work or other written order.

6. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall 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 in the CITY Representative’s sole and absolute discretion.

B. CONTRACTOR acknowledges and agrees that CITY’s acceptance of any Work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. CONTRACTOR further acknowledges, understands, and agrees that CITY has relied upon the representations of CONTRACTOR under paragraph A of this Section, above, and that such representations were a material inducement to CITY entering into this Agreement with CONTRACTOR.

Section 7. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be James Enriquez, Director of Public Works (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to keep the City Representative informed of the progress of all Work provided. CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. Except as otherwise provided under this Agreement, written notice to City Representatives shall constitute notice to the CITY.

B. Contractor Representative. For the purposes of this Agreement, [NAME, TITLE], is hereby designated as the primary representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the performance of all Work, using his/her best skill and attention. The Contractor Representative shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Agreement.

Section 8. Contractor’s Personnel.

A. CONTRACTOR shall be solely responsible for the satisfactory performance of all Contract No. XXXXXXX
6 personnel working on CONTRACTOR’s behalf in the performance of this Agreement.

B. If at any time during the term of this Agreement, CITY requests the removal of any of CONTRACTOR’s officers, employees, agents, contractors, subcontractors or subconsultants assigned by CONTRACTOR to perform on CONTRACTOR’s behalf under this Agreement, CONTRACTOR shall remove such officers, employees, agents, contractors, subcontractors or subconsultants immediately upon receiving notice from CITY.

C. CONTRACTOR shall be solely responsible for the payment of all wages and benefits owed to CONTRACTOR’s employees and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. CONTRACTOR shall also be solely responsive for the payment of all subcontractors acting on its behalf in the performance of this Agreement.

Section 9. Provisions Applicable to Work Constituting Public Works Under Labor Code Section 1720.

A. The provisions of this Section shall apply to the extent any of the Work to be performed by CONTRACTOR constitute a “public work” within the meaning of Sections 1720 et seq. of the Labor Code. CONTRACTOR is responsible for complying with Labor Code Sections 1720 et seq., which is briefly summarized in this Section.

B. Hours of Work.

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work subject to this Section shall constitute a legal day’s work under this Agreement.

2. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Work subject to this Section is limited to eight (8) hours during any one calendar day, and forty (40) hours during any one (1) calendar week, except in accordance with Labor Code Section 1815, which provides that work in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week at not less than one-and-one-half times the basic rate of pay.

3. CONTRACTOR and its subcontractors shall forfeit as a penalty to the CITY Twenty Five Dollars ($25) for each worker employed in the performance of the Work subject to this Section for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of Labor Code Section 1810 et seq.

Contract No. XXXXXXX
7 C. Wages.

1. In accordance with Labor Code Section 1773.2, the CITY has determined the general prevailing wages for the locality in which Work subject to the Section are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file at the CITY and shall be made available on request. CONTRACTOR and subcontractors engaged in the performance of the Work subject to this Section shall pay no less than these rates to all persons engaged in performance of the Work subject to this Section.

2. CONTRACTOR and any subcontractors engaged in performance of the Work subject to Labor Code Sections 1720 et seq. shall comply with Labor Code Section 1775, which establishes a penalty of up to Two Hundred Dollars ($200) per day for each worker engaged in the performance of the Work and where CONTRACTOR or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of CONTRACTOR or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of CONTRACTOR or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by CONTRACTOR or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if CONTRACTOR or subcontractor had knowledge of their obligations under the California Labor Code. CONTRACTOR or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the Work subject to Labor Code Sections 1720 et seq. is not paid the general prevailing per diem wages by the subcontractor, CONTRACTOR is not liable for any penalties therefore unless CONTRACTOR had knowledge of that failure or unless CONTRACTOR fails to comply with all of the following requirements:
(i) The contract executed between CONTRACTOR and the
subcontractor for the performance of part of the Work subject to Labor Code Sections 1720 et seq. shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (ii) CONTRACTOR shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. (iii) Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, CONTRACTOR shall diligently take corrective action to halt or rectify the failure, including, but not Contract No. XXXXXXX
8 limited to, retaining sufficient funds due the subcontractor for performance of the Work subject to this Section. (iv) Prior to making final payment to a subcontractor, CONTRACTOR shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the Work subject to this Section and any amounts due pursuant to California Labor Code Section 1813.

3. In accordance with Labor Code Section 1776, CONTRACTOR and each subcontractor engaged in performance of the Work subject to Labor Code Sections 1720 et seq. shall keep accurate payroll records showing the name, address, social security number, work, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work subject to Labor Code Sections 1720 et seq. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(i) The information contained in the payroll record is true and correct.
(ii) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to Labor Code Section 1776 shall be certified and shall be available for inspection by the CITY and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with Labor Code Section 1776.

4. In accordance with Labor Code Section 1777.5, CONTRACTOR, on behalf of itself and any subcontractors acting on CONTRACTOR’s behalf in performance of the Work subject to Labor Code Sections 1720 et seq., shall be responsible for ensuring compliance with Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

5. In case it becomes necessary for CONTRACTOR and any subcontractors performing Work on CONTRACTOR’s behalf to employ for the Work subject to Labor Code Sections 1720 et seq. any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, CONTRACTOR shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to specific Work subject to Labor Code Sections 1720 et seq. to be performed by that person. The minimum rate thus Contract No. XXXXXXX
9 furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

Section 10. Conflicts of Interest.

A. CONTRACTOR may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONTRACTOR in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

B. CONTRACTOR 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.). CONTRACTOR 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 Section 1090 et seq. CONTRACTOR warrants and represents that no owner, principal, partner, officer, or employee of CONTRACTOR 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 CONTRACTOR was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONTRACTOR 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 Section 1090 et seq., the entire Agreement is void and CONTRACTOR will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONTRACTOR will be required to reimburse the CITY for any sums paid to CONTRACTOR. CONTRACTOR understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code Section 1090.

C. CONTRACTOR warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR 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 CONTRACTOR, 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 shall have the absolute and unfettered right to rescind this Agreement without liability or penalty.

Section 11. Independent Contractor. CONTRACTOR shall at all times in the performance of this Agreement be an independent contractor and shall not be an employee of CITY or engaged in any joint venture relationship with the CITY. CONTRACTOR shall determine the method, details, and means of performing all of the Work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement Contract No. XXXXXXX
10 and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors performing the Work 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. Section 12. Non-Discrimination.

A. CONTRACTOR represents that it is an equal opportunity employer and shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any Work provided by CONTRACTOR under this Agreement. CONTRACTOR shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Work that is the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of CONTRACTOR thereby.

B. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated hereunder (Cal. Code Regs., Title 2, §11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900 et seq., set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. CONTRACTOR shall include the nondiscrimination and compliance provisions of this Section in all subcontracts to provide the Work under this Agreement.

Section 13. Indemnification and Duty to Defend.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to Contract No. XXXXXXX
11 arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants, or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify the Indemnitees against any such negligence. The foregoing notwithstanding, nothing in this Section shall be construed to encompass (i) Indemnitees' sole negligence or willful misconduct to the extent that the Agreement is subject to Civil Code Section 2782(a), or (ii) CITY’s active negligence to the extent that the underlying Agreement is subject to Civil Code Section 2782(b).

B. CONTRACTOR agrees, at its sole cost and expenses, to promptly defend Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever. The duty of CONTRACTOR to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees. 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 a claim, demand, cause of action, or proceeding 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 damage, cost, expense, liability, claim, demand, cause of action, proceeding, expense, judgement, penalty, or lien. CONTRACTOR agrees to provide this defense immediately upon written notice from CITY with well qualified, adequately insured and experienced legal counsel acceptable to the CITY. Should conflict of interest principles preclude a single attorney from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s attorney unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnitees with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless, or wrongful act, omission, or performance.

C. Attorneys and other professionals employed by CONTRACTOR to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from Contract No. XXXXXXX
12 CONTRACTOR because of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

D. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend Indemnitees 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 CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

E. CITY does not and shall not waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement.

F. The indemnification duty established under this Section is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The hold harmless and indemnification provisions of this Section shall apply regardless of whether any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

G. Payment is not required as a condition precedent to an Indemnitee's right to recover under the indemnification provisions of this Section, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under such indemnification provisions. CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision.

H. CONTRACTOR’s obligations under this Section or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws.

I. The provisions of this Section shall survive the termination or expiration of this Agreement and the completion of all Work contemplated under this Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement.

Contract No. XXXXXXX
13 Section 14. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss, or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. 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.

D. Prior to commencement of any Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. CONTRACTOR warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Section on ACORD25 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. CONTRACTOR 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.

E. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

F. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot Contract No. XXXXXXX
14 be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

H. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or subconsultants from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.

I. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

J. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

K. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 13 of this Agreement.

L. 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 CONTRACTOR payments. In the alternative, CITY may cancel this Agreement effective upon notice.

M. 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 Section 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.

Section 15. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the Contract No. XXXXXXX
15 performance of the Work and enable the CITY to evaluate the performance of the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the Work hereunder, and the CITY shall have access to such records in the event any audit is required. This Section shall survive the termination or expiration of the Agreement. Section 16. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Upon such termination for convenience, CONTRACTOR will be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager, or the Assistant City Manager. CONTRACTOR may only terminate this Agreement for cause as provided herein. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data and other information of any kind prepared by CONTRACTOR in connection with the performance of the Services. CONTRACTOR 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 will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

B. Termination for Cause. 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”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall 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 shall be cured, which shall not be less than the applicable cure period set forth in this Section 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 shall 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. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’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; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Contract No. XXXXXXX
16 Agreement is false or erroneous in any material respect.

1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within thirty (30) 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 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default; that the Event of Default cannot be reasonably cured within the 30-day cure period; and CONTRACTOR is diligently pursuing to cure the Event of Default. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-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 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.

Contract No. XXXXXXX
17 3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’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, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR 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 shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall 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 CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’s breach of the Agreement or to terminate the Agreement; or iii. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall 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.

6. In the event CITY is in breach of this Agreement, CONTRACTOR’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Work required by this Agreement.

Contract No. XXXXXXX
18 Section 17. Force Majeure. Performance of Work under this Agreement may be waived in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, 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. CONTRACTOR 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 CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section. Section 18. Confidentiality. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONTRACTOR 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. CONTRACTOR 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. Section 19. Notices. Except as otherwise expressly provided in this Agreement, all notices permitted or required under this Agreement shall be given to the respective Parties must be in writing and may be given personally, by registered or certified mail (return receipt requested), Federal Express, UPS or other similar couriers. If notice is personally delivered, the notice shall be deemed to have been given and received on the date notice was given. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received three (3) days after the notice is deposited in the United States mail. If notice is given by Federal Express, UPS, or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on the receipt issued by the courier. Notice shall be provided to the following addresses:

If to CITY: If to CONTRACTOR:

City of Santa Fe Springs 11710 Telegraph Road Santa Fe Springs, CA 90670 Attn: James Enriquez,
Director of Public Works Phone: (526) 868-0511
[CONTRACTOR NAME] [ADDRESS]
Attn: [NAME, TITLE]
Phone: (xxx) xxx-xxx
Contract No. XXXXXXX
19 Section 20. Assignment. The skills, training, knowledge, and experience of CONTRACTOR 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 CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 21. Attorneys’ Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys’ fees. Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document attached or incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR. Section 23. 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 of this Agreement. Section 24. Governing Law; Jurisdiction. 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, shall 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, shall be in the Central District of California located in the City of Los Angeles, California. Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. Section 27. Counterparts. This Agreement may be executed in any number of Contract No. XXXXXXX
20 counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.Section 28. 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.
[SIGNATURES ON FOLLOWING PAGE]
Contract No. XXXXXXX
21 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: By:

René Bobadilla City Manager Date:
[CONTRACTOR]: By: ______________________________ Name:____________________________ Title:_____________________________ Date:

ATTEST: By:_____________________________
Fernando Muñoz City Clerk
Date:

APPROVED AS TO FORM: By:_____________________________
Rick Olivarez City Attorney
Date:

Contract No. XXXXXXX
22 EXHIBIT “A”

SCOPE OF SERVICES
Contract No. XXXXXXX
23 EXHIBIT “B”

SCHEDULE OF COMPENSATION
PROPOSER NAME: _______________________

CITY OF SANTA FE SPRINGS

LANDSCAPE MAINTENANCE SERVICES

FEE SCHEDULE

SERVICE AREA MONTHLY TOTAL ANNUAL TOTAL
#1 – MEDIANS AND PARKWAYS $ $
#2 - PARKS AND PARKETTES $ $
#3 - FACILITIES $ $
GRAND TOTAL $ $
To view city landscape maintenance area maps please access the link below:
https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.box.com%2Fs%2Fcrn700xu9kmmm2uwuph2hl2n3ahgp0hh&data=05 %7C02%7Ckevinperiman%40santafesprings.gov%7C824806dd684c49c1701208dda382d0a4%7C5075696da75240d9ac6ea2e89a21c92f%7C0%7C 0%7C638846504432920049%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTW FpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MZ17kgIU72QNZV8%2Fhovk5JgBTAy789Kx1d0DQtSjh3g%3D&reserved=0 The Contract will be awarded based on the Grand Total
PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS

DETAILED SERVICE AREA FEE SCHEDULE
SERVICE AREA #1 – MEDIANS AND PARKWAYS
Site # Site Name Monthly Price Annual Price
M-01 Alondra Blvd (weekly)
Median
Shoemaker Rd to Valley View Ave (45,432 SF) $____________ $___________ M-02 Bloomfield Ave (weekly)
Greenbelt
Telegraph Rd to Heritage Springs Dr (18,357 SF) $____________ $____________ M-03 Bloomfield Ave (weekly)
Median
Telegraph Rd to Lakeland Ave (23,165 SF) $____________ $____________ M-04 Broaded St (weekly)
Greenbelt
Millergrove Dr to Alburtis Ave (16,569 SF) $____________ $____________ M-05 Carmenita Road – South Center Median (weekly)
Median
Alondra Blvd to Imperial Hwy (26,623 SF) $____________ $____________ M-06 Carmenita Road (weekly)
Hardscape/Planters
Foster Rd to Cambridge St (36,546 SF) $____________ $____________ M-07 Florence Ave (weekly)
Hardscape/Planter
Bloomfield Ave to Norwalk Blvd (61,727 SF) $____________ $_____________ M-08 Florence Ave (weekly)
Median
West City Boundary to Carmenita Rd (77,928 SF) $_____________ $______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
M-09 Florence Ave (weekly)
Greenbelt
Orr & Day Rd to Ringwood Ave (24,878 SF) $_____________ $______________ M-10 Getty Drive (weekly)
Planter
Cul-de-sac to Lakeland Dr (5,707 SF) $______________ $_______________ M-11 Imperial Highway (weekly)
Hardscape/Planter
Bloomfield Ave to Transportation Dr (18,354 SF) $______________ $_______________ M-12 Imperial Highway (weekly)
Median
Bloomfield to Transportation Dr (10,000 SF) $_______________ $_______________ M-13 Los Nietos Sound Wall (weekly)
Greenbelt/Planter
Pioneer Blvd to Railroad Tracks (8,788 SF) $_______________ $_______________ M-14 Meyer Road (weekly)
Median
Shoemaker Ave to Painter Ave. (5,335 SF) $_______________ $_______________ M-15 Motor Center (weekly)
Greenbelt
Firestone Blvd and Bloomfield Ave (12,746 SF) $_______________ $_______________ M-16 N/E Corner of Florence & Laurel (weekly)
Greenbelt
Florence Ave and Laurel Ave (7,713 SF) $_______________ $______________ M-17 Norwalk Blvd (weekly)
Median
North City Boundary to Clark St (5,256 SF) $_______________ $_______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
M-18 Orr & Day Road (weekly)
Greenbelt
Otto St to Davenrich St (19,221 SF) $_______________ $_______________ M-19 Orr & Day Road (weekly)
Median/Planter
Florence Ave to Pioneer Blvd (50,756 SF) $_______________ $_______________ M-20 Orr & Day Road (weekly)
Greenbelt
Florence Ave to Pioneer Blvd (20,512 SF) $_______________ $_______________ M-21 Pioneer Blvd (weekly)
Greenbelt
Navojoa Pl to Mersin Pl (4,972 SF) $_______________ $_______________ M-22 Pioneer Blvd (weekly)
Median
Florence Ave to Rivera Rd (95,900 SF) $_______________ $_______________ M-23 Pioneer Blvd (weekly)
Greenbelt
Florence Ave to Dunning St (15,111 SF) $_______________ $_______________ M-24 Santa Fe Springs Parking Lot (weekly)
Planter
Davenrich St (58,400 SF) $_______________ $_______________ M-25 Santa Fe Springs Road (weekly)
Median
Telegraph Rd to Los Nietos Rd (29,985 SF) $_______________ $_______________ M-26 Santa Fe Springs Road (weekly)
Greenbelt/Planter
McCann Dr to Los Nietos Rd (73,408 SF) $_______________ $_______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
M-27 Slauson Ave (weekly)
Median/Planter
Sorensen Ave to Santa Fe Springs Rd (35,022 SF) $_______________ $_______________ M-28 Sorenson Ave (weekly)
Median
Washington Blvd to Slauson Ave (3,981 SF) $_______________ $_______________ M-29 Telegraph Road (weekly)
Greenbelt
NW Corner of Telegraph Rd and Laurel Ave (8,411 SF) $_______________ $_______________ M-30 Telegraph Road (weekly)
Median
Cedardale Dr to City Boundary (117,554 SF) $_______________ $_______________ M-31 Telegraph Road (weekly)
Greenbelt/Planter
NW Corner of Telegraph Rd and Bloomfield Ave (9,909 SF) $_______________ $_______________ M-32 Telegraph Road (weekly)
Greenbelt/Planter
Bloomfield Ave to 1400 feet east (76,547 SF) $_______________ $_______________ M-33 Telegraph Road (weekly)
Greenbelt/Planter
Telegraph Rd @ Railroad Overpass (13,993 SF) $_______________ $_______________ M-34 Telegraph Road (weekly)
Greenbelt/Planter
Telegraph Rd to Pioneer Blvd (13,993 SF) $_______________ $_______________ M-35 Washington Blvd (weekly)
Median
Norwalk Blvd to City Boundary (8,568 SF) $_______________ $______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
M-36 Valley View Ave (weekly)
Parkway
NW Corner Valley View Ave and Stage Rd (1,525 SF) $_______________ $_______________ M-37 Borate St (weekly)
Parkway
Frontage of Water Well No. 12 (1,765 SF) $_______________ $_______________ M-38 Heritage Corporate Center (weekly)
Flag Court and Parkway
Norwalk Blvd and Telegraph Rd (19,389 SF) $_______________ $_______________ M-39 Carmenita Overpass South of 5 Freeway (weekly)
Parkway
Eastside of bridge at Freeway Drive (16,400 SF) $ ______________ $________________ M-40 Firestone Blvd at Carmenita Pl (weekly)
Median South of 5 Freeway (7,200SF) $_______________ $________________ M-41 Shoemaker Bridge at Firestone Blvd. (weekly)
Parkway South of 5 Freeway Eastside of Bridge (22,500SF) $_______________ $________________ M-42 Los Nietos Rd. (South HOA Area) (weekly)
Southside Los Nietos Rd Pioneer to Morrill
Planter (8,139 SF) $_______________ $________________
M-43 Norwalk Business Center Art Walkway (weekly)
Telegraph Rd and Norwalk Blvd NE Corner Parking Lot area Planter (6,304 SF) $_______________ $________________
M-44 Florence Ave Median Planter (weekly)
Overpass of 5 freeway (3,645 SF) $_______________ $________________

SUBTOTAL M-01 thru M-44 $_______________ $_______________ ENTER SUBTOTAL M-01 THRU M-44 IN THE FEE SCHEDULE UNDER MEDIANS AND PARKWAYS PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS

DETAILED SERVICE AREA FEE SCHEDULE
SERVICE AREA #2 – PARKS AND PARKETTES
Site # Site Name Monthly Price Annual Price
P-01 Alburtis Ave Walkway (weekly)
Hardscape/Landscape
Alburtis Ave to Fallon Ave (9,906 SF) $_______________ $_______________ P-02 Bradwell (weekly)
Parkette Hardscape/Landscape
Bradwell Ave @ Terradell St (12,912 SF) $_______________ $_______________ P-03 Davenrich Cul-De-Sac (weekly)
Parkette
Cul-de-sac to 605 Freeway Sound Wall (5,984) $_______________ $_______________ P-04 Davenrich (weekly)
Parkette
Davenrich St at Longworth Ave (10,285) $_______________ $_______________ P-05 Florence Avenue (weekly)
Parkette/City Monument Sign
NW Corner of Florence Ave and Pioneer Blvd (5,144 SF) $_______________ $_______________ P-06 Florence Avenue (weekly)
Parkette
SW Corner of Florence Ave and Pioneer Blvd (4,122 SF) $_______________ $_______________ P-07 Heritage Park –Groundskeeper Services
Park
Parking Lots (daily-except Wednesdays) $_______________ $_______________ P-08 Heritage Park –Groundskeeper Services
Special Events
On-Call Services Sat/Sun (4 hr. minimum)
April – November (8 mos.) $_______________ $_______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
P-09 Jersey/Clarkman Walkway (weekly)
Hardscape
Jersey Ave to Clarkman St (14,262 SF) $_______________ $_______________ P-10 Lake Center Park (weekly- Athletic Fields)
Park
Florence Ave to Clarkman St (510,000 SF) $_______________ $_______________ P-11 Lake Center Park Entry (weekly)
Greenbelt/Planter
Florence Ave to Clarkman St (8,788 SF) $_______________ $_______________ P-12 Lakeview Park (weekly)
Park
Joslin Street/Jersey Ave (255,500 SF) $_______________ $_______________ P-13 Little Lake Park (weekly – Athletic Fields)
Park
Pioneer Blvd/Lakeland Rd (786,057 SF) $_______________ $_______________ P-14 Longworth Ave (weekly)
Parkette
Darcy St at Longworth Ave (13,989 SF) $_______________ $_______________ P-15 Los Nietos Park (weekly – Athletic Fields)
Park
Charlesworth Rd to Broaded St (549,000 SF) $_______________ $_______________ P-16 Mersin Garden (weekly)
Parkette
Telegraph Rd and Bartley Ave (11,532 SF) $_______________ $_______________ P-17 Santa Fe Springs Park (weekly)
Park
Davenrich St to San Gabriel River (538,000 SF) $_______________ $_______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
P-18 SFS Athletic Fields (weekly – Athletic Fields)
Park
Jersey Ave and Pioneer Blvd (275,999 SF) $_______________ $_______________ P-19 Smith Ave Triangle (weekly)
Parkette
Alburtis Ave to 750 feet East (31,400 SF) $_______________ $_______________ P-20 Sculpture Gardens (weekly)
Park
Mora Dr at Ontiveros Pl (189,964 SF) $_______________ $_______________ P-21 Neighborhood Center (weekly)
Greenbelt/Planter
Navojoa Pl to Placita Pl (28,290 SF) $_______________ $_______________ P-22 Post Office (weekly)
Greenbelt
Telegraph Rd (8,807 SF) $_______________ $_______________ P-23 Town Center Walkway (weekly)
Greenbelt/Hardscape/Planter
(38,012 SF) $_______________ $_______________
P-24 Telegraph Rd & Norwalk (Bi-Monthly)
Empty Lot (NW corner)
(38,012 SF) $_______________ $_______________
P-25 Lakeland & Laurel (Bi-Monthly)
Empty Lot (NE Corner)
(32,307 SF) $_______________ $_______________
SUBTOTAL P-01 thru P-25 $_______________ $_______________ ENTER SUBTOTAL P-01 THRU P-25 IN THE FEE SCHEDULE SUMMARY UNDER PARKS AND PARKETTES PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS

DETAILED SERVICE AREA FEE SCHEDULE
SERVICE AREA # 3 – FACILITIES
Site # Site Name Monthly Price Annual Price
F-01 Aquatic Center (weekly)
Greenbelt/Planter
Pioneer Blvd to Clarke Estate (18,867 SF) $_______________ $_______________ F-02 City Hall – Groundskeeper Services
Parking Lots
Planters/Hardscape $_______________ $_______________
F-03 City Yard (weekly/ bi-weekly Nov-Feb)
Greenbelt
Emmens Way (11,538 SF) $_______________ $_______________ F-04 Civic Center (weekly)
Greenbelt/Hardscape
Telegraph Rd and Pioneer Blvd (85,406 SF) $_______________ $_______________ F-05 Clarke Estate – Groundskeeper Services
Park/Planters/Hardscape $_______________ $_______________ F-06 Clark Estate –Groundskeeper Services
Special Events
On-Call Services – 4 hr. minimum
(After normal work hours, weekends and holidays)
April – November (8 mos.) $_______________ $_______________ F-07 Fire Station Headquarters (weekly)
Greenbelt
Greenstone Ave (11,762 SF) $_______________ $_______________ F-08 Fire Station No. 4 (weekly)
Greenbelt
Telegraph Rd (2,400 SF) $_______________ $_______________ PROPOSER NAME_________________________
Detailed Service Area Fee Schedule | CITY OF SANTA FE SPRINGS Site # Site Name Monthly Price Annual Price
F-09 Fire Station No.1 (weekly)
Patios, Pond and Back Parking Areas
11300 Greenstone (43,518 SF) $_______________ $_______________ F-10 Fire Station No. 2 (weekly)
Front Landscape
8634 Dice Rd. (4,404 SF) $_______________ $_______________ F-11 Fire Station No. 3 (weekly)
Front Landscape
15517 Carmenita Rd (2,061 SF) $_______________ $_______________ SUBTOTAL F-01 thru F-11 $_______________ $_______________ To view city landscape maintenance area maps please access the link below:
https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.box.com%2Fs%2Fcrn700xu9kmmm2uwuph2hl2n3ahgp0hh&data=05 %7C02%7Ckevinperiman%40santafesprings.gov%7C824806dd684c49c1701208dda382d0a4%7C5075696da75240d9ac6ea2e89a21c92f%7C0%7C 0%7C638846504432920049%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTW FpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MZ17kgIU72QNZV8%2Fhovk5JgBTAy789Kx1d0DQtSjh3g%3D&reserved=0 ENTER SUBTOTAL F-01 THRU F-11 IN THE FEE SCHEDULE SUMMARY UNDER FACILITIES PROPOSER NAME: _______________________
Extra Work Rate Schedule | CITY OF SANTA FE SPRINGS

CITY OF SANTA FE SPRINGS
LANDSCAPE MAINTENANCE SERVICES – EXTRA WORK RATE SCHEDULE

EXTRA WORK HOURLY RATE SCHEDULE
POSITION Regular/Hr. Overtime/Hr.

Supervisor $________ $________
Foreman $________ $________
Groundskeeper $________ $________
Laborer $________ $________
Irrigation Specialist $________ $________
Irrigation Laborer $________ $________
Pesticide Applicator $________ $________

TURF MAINTENANCE RATES
Mowing $_________per sq. ft.

Edging $_________per 1000 liner feet
Fertilization $_________per acre
Hollow Core Aerification (with removal of cores) $_________per acre De-thatching $_________per acre
Weed Control (including material) $_________per acre

PROPOSER NAME: _______________________
Extra Work Rate Schedule | CITY OF SANTA FE SPRINGS

LANDSCAPE MAINTENANCE RATES
Edge and Trim $_________per 1000 linear feet
Weed Removal and Clean-up $_________per 1000 sq. ft.

Fertilization (placement only) $_________per acre
Pest Control-Chemical (including material) $_________per hour Pruning/Shearing Shrubs $_________per 1000 sq. ft.

Vertical Mulch Trees $_________each
Vegetation Removal $_________per sq. ft.

Clean Hardscape/Sidewalks $_________per sq. ft.

PLANT MATERIAL (INSTALLED)
Annual Color (labor only) $_________flat
Annual Color (material only) $_________flat
Ground Cover $_________flat
One (1) gallon $_________each
Five (5) gallon $_________each
Fifteen (15) gallon $_________each
24” Box Size Tree w/ Triple Staking System $_________each Seeded and Top Dressed Turf Repair $_________per sq. ft.

Sodded Turf (remove, prep soil, replace) $_________per sq. ft.

Hydro-seeding (binder and fertilizer-exclude seed) $_________per sq. ft.

Seasonal Overseeding $_________per sq. ft.

PROPOSER NAME: _______________________
Pesticide and Fertilizer Schedule | CITY OF SANTA FE SPRINGS

CITY OF SANTA FE SPRINGS

PESTICIDE AND FERTILIZER SCHEDULE
JANUARY Provide City with copies of all pesticide licenses, permits, pesticide labels, Safety Data Sheets and pest control recommendations that will be used during the year.

FEBRUARY Fertilizer plus Herbicide for pre-emergent weed control. MARCH Blanket spray all turf areas City-wide with Speed Zone pesticide for broad leaf weeds.

APRIL Fertilize with 16-06-08 to stimulate growth and green-up of permanent grasses.

MAY Spot spraying of broadleaf weeds City-wide. JUNE Spot spraying of broadleaf weeds City-wide.JULY Spot spraying of broadleaf weeds City-wide. AUGUST Fertilize with 16-06-08. SEPTEMBER Spot spraying of broadleaf weeds City-wide. OCTOBER Spot spraying of broadleaf weeds City-wide. NOVEMBER Fertilize with 6-20-20 to enhance the turf from the fall over seeding.

Spot spraying of broadleaf weeds City-wide.

DECEMBER Spot spraying of broadleaf weeds City-wide.

ITEM # 28

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: RESOLUTION NO. 9971 – ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
DATE: July 1, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt Resolution No. 9971 approving the Commercial Street Improvement Slauson Ave (Sorensen Ave to Santa Fe Springs Rd) Project to be partially funded by RMRA, the Road Repair and Accountability Act (SB1); and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The Commercial Street Improvement Slauson Avenue (Sorensen Ave to Santa Fe Springs Rd) Project is an approved $2,500,000 Capital Improvement Project. Staff is requesting adoption of Resolution No. 9971 which will provide $508,301 from the Road and Maintenance Rehabilitation Account (RMRA) towards the project. RMRA will partially fund the project and will reduce the required contribution from other local sources of funding.

BACKGROUND
On April 28, 2017, Governor Brown signed Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017. SB-1 was created to address basic road maintenance, rehabilitation, and critical safety needs on the State highway and local road systems.

CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Resolution No. 9971 – Adopting a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act of 2017 Page 2 of 3 The State Controller will apportion, by formula, a percentage of RMRA funds to eligible cities and counties in accordance with the Streets and Highways Code Section 2032.

Pursuant to Streets and Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to:
• Road maintenance and rehabilitation.
• Safety projects.
• Railroad grade separations.
• Complete street components including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm water capture projects in conjunction with any other allowable project; and;
• Traffic control devices.

To receive additional RMRA funds, SB-1 imposes several requirements on public agencies that are contained in the Streets and Highways Code Section 2034. As set forth in the statute, the road repair and maintenance project must be approved by a Resolution of the City Council held at a regular public meeting. The resolution must contain a description and location of each proposed project, a proposed completion schedule, and the estimated useful life of each improvement.

The Commercial Street Improvement Slauson Ave (Sorensen Ave to Santa Fe Springs) Project has been determined by City staff to meet the SB-1 requirements and recommends listing the project for SB-1 funding for FY 2025/26.

ANALYSIS
Approving Resolution No. 9971 will allow the City to provide partial funding to the Commercial Street Improvement Slauson Ave (Sorensen Ave to Santa Fe Springs) Project in the amount of $508,301.

ENVIRONMENTAL
N/A

DISCUSSION
N/A

SUMMARY/NEXT STEPS
Upon approval by the City Council, City Staff will submit Resolution No. 9971 to the Local Streets and Roads Program allowing the RMRA funding of $508,301 to be received for Fiscal Year 2025-2026.

A. Resolution No. 9971
ITEM STATUS:

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

ITEM NO.:

RESOLUTION NO. 9971
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $508,301 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, roads, and add active transportation infrastructure throughout the City this year and similar projects into the future; and

ATTACHMENT A
APPROVED:

ITEM NO.:

WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “low risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Santa Fe Springs is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Commercial Street Improvement Slauson Ave (Sorensen Ave to Santa Fe Springs)
Project Description: The project will consist of the grind and cap asphalt concrete pavement for specific streets and a slurry seal for the remaining streets. The new paving section will support vehicular carloads and increase pavement service life.

Additionally, the project also includes the removal and replacement of curb and gutter, sidewalks, curb ramps, driveways, culverts and the installation of storm water screen covers, as needed.

Project Location: The project limits encompass Slauson Ave, from Sorensen Avenue to Santa Fe Springs Road.

Estimated Project Schedule: Start August 2025 – Completion August 2026 based on the component being funded with RMRA funds.

Estimated Project Useful Life: The City's Pavement Management System calculates a useful life of 20 years added to the current roadway lifecycle.

APPROVED:

ITEM NO.:

PASSED AND ADOPTED by the City Council of the City of Santa Fe Springs, State of California this 1
st day of July 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
William K. Rounds, Mayor
ATTEST:
_________________________
Fernando N. Muñoz, City Clerk
ITEM # 29

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: SANTA FE SPRINGS PARK PLAYGROUND REPLACEMENT – AWARD OF CONTRACT TO DAVE BANG ASSOCIATES, INC.

DATE: July 1, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt Resolution No. 9966 approving a cooperative purchase contract with Dave Bang Associates, Inc. of Tustin, CA in the amount of $455,719.20 for the purchase and installation of playground equipment in accordance with Santa Fe Springs Municipal Code §34.18; and
2) Authorize the City Manager to execute the agreement with Dave Bang Associates, Inc.; and
3) Appropriate $185,000 from the Capital Improvement Program Reserve Fund to the Santa Fe Springs Park Playground Improvement Project (Account No. PW230006); and
4) Authorize the City Clerk to file a Notice of Exemption for the subject project with the Los Angeles Registrar-Recorder; and
5) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The Santa Fe Springs Park Playground Replacement Project is an approved Capital Improvement Project with an original budget of $530,000. Staff is recommending an additional appropriation in the amount of $185,000 from the Capital Improvement Program Reserve Fund to the Santa Fe Springs Park Playground Replacement Project CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Santa Fe Springs Park - Playground Replacement – Award of Contract to Dave Bang Associates, Inc. Page 2 of 3
(Account No. PW230006) to cover soft costs (design, engineering, and inspection) and contingency funds for the project.

The total project cost breakdown is as follows:

ITEM ESTIMATED AMOUNT
Construction $ 455,719.20
Design $ 33,206.05
Engineering $ 68,000.00
Inspection $ 68,000.00
Contingency $ 90,074.75
Estimated Total Project Cost: $ 715,000.00

PROJECT FUNDING AMOUNT
Santa Fe Springs Park Playground Replacement Project
Approved Budget
$ 530,000.00

PROJECT FUNDING SHORTFALL AMOUNT
Estimated Total Project Cost $ (715,000.00)
Project Approved Budget $ 530,000.00
Shortfall and Recommended Appropriation: $ (185,000.00)

BACKGROUND
On March 1, 2022, the City Council approved the replacement of the playground equipment at Santa Fe Springs Park as a Capital Improvement Project. Staff identified a Sourcewell Cooperative Purchasing Contract that was awarded to Playworld, the same manufacturer that provided the playground equipment for Lakeview Park. As an authorized representative of Playworld Equipment in California, Dave Bang and Associates, Inc. designed the playground and provides installation and site work for the project.

The project will consist of the removal of all existing playground equipment and surfacing and installation of a new playground set for 2-5 year old children, a playground set for 5- 12 year old children, climbing equipment, swings, and new rubber surfacing.

ANALYSIS
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 1, 2025
Santa Fe Springs Park - Playground Replacement – Award of Contract to Dave Bang Associates, Inc. Page 3 of 3

ENVIRONMENTAL
Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Santa Fe Springs Park Playground Replacement project is categorically exempt under Section 15301, class 1(d) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety.

DISCUSSION
City Staff recommends utilizing a cooperative purchase contract with Sourcewell (Contract No. 010521-LTS) for the purchasing and installation of playground equipment.

All Sourcewell contracts are competitively solicited in compliance with public procurement laws, ensuring transparency and fairness. As a member of Sourcewell, the City can use this contract to purchase items and services using the same terms, conditions, and pricing and is approved under Santa Fe Springs Municipal code Section 34.18(B).

SUMMARY/NEXT STEPS
Upon City Council approval of the recommended actions, City Staff will enter into an agreement for the purchase and installation of playground equipment with Dave Bang Associates, Inc.

ATTACHMENTS:

A. Resolution No. 9966
B. Agreement with Exhibits (Quote, RFP, Contract)
ITEM STATUS:

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

ITEM NO.:

RESOLUTION NO. 9966

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS,

CALIFORNIA, APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF SANTA FE SPRINGS AND DAVE BANG ASSOCIATES, INC. (CERTIFIED AUTHORIZED REPRESENTATIVE FOR PLAYPOWER, INC.)
WHEREAS, per Section 34.18(B)(3) (Purchase by Bidding Required Generally; Exceptions) of Chapter 34 (Finance and Revenue) of the Santa Fe Springs Municipal Code (hereinafter, “Section 34.18”), the purchasing policy may be dispensed with when provided competitive purchasing procedures, similar to those required in the City, were employed to create such bid award lists; and
WHEREAS, Sourcewell (formerly National Joint Powers Alliance NJPA) is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on November 10, 2020, Sourcewell (hereinafter, “Sourcewell”) issued a Request for Proposals for Playground and Water Play Equipment with Related Accessories and Services, RFP #010521 (“Sourcewell RFP”); and WHEREAS, on January 5, 2021, PlayPower, Inc. (hereinafter, “PlayPower”) submitted a proposal; and
WHEREAS, on February 15, 2021, PlayPower and Sourcewell entered into Contract Number 010521-LTS (hereinafter, “Sourcewell Contract”) with an effective date of February 15, 2021, and expiration date of February 17, 2025; and WHEREAS, PlayPower sells their equipment through a national network; and WHEREAS, Dave Bang Associates, Inc. is PlayPower’s authorized vendor in California and therefore is permitted to avail itself of the Sourcewell Contract; and WHEREAS, the City of Santa Fe Springs (“City”) is a member of Sourcewell and membership entitles the City to access competitively bid national contracts; and WHEREAS, the City requires the purchase and installation of playground equipment at Santa Fe Springs Park; and
WHEREAS, the City Council finds that the City has complied with the procurement process.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Fe Springs as follows:

ATTACHMENT A
APPROVED:

ITEM NO.:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.

SECTION 3. The City Council hereby approves an agreement with Dave Bang Associates, Inc. for the purchase and installation of playground equipment at Santa Fe Springs Park for a total cost of $455,719.20.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Dave Bang Associates, Inc., consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

APPROVED and ADOPTED this 1
st day of July 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
William K. Rounds, Mayor
ATTEST:
_________________________
Fernando Muñoz, City Clerk
1 2025

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of Playground Equipment at Santa Fe Springs Park Playground)
(Parties: City of Santa Fe Springs and Dave Bang Associates, Inc. (Certified Authorized Representative for PlayPower, Inc.))
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, “Agreement”) is made and entered into this day of 2025 by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “City”) and DAVE BANG ASSOCIATES, INC. (CERTIFIED AUTHORIZED REPRESENTATIVE FOR PLAYPOWER, INC.) (hereinafter, “Vendor”). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Vendor interchangeably.

RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City requires the purchase and installation of playground equipment at Santa Fe Springs Park playground; and
WHEREAS, per Section 34.18(B)(3) (Purchase by Bidding Required Generally; Exceptions) of Chapter 34 (Finance and Revenue) of the Santa Fe Springs Municipal Code (hereinafter, “Section 34.18”), the purchasing policy may be dispensed with when provided competitive purchasing procedures similar to those required in the City were employed to create such bid award lists; and
WHEREAS, on November 10, 2020, Sourcewell (hereinafter, “Sourcewell”) issued a Request for Proposals for Playground and Water Play Equipment with Related Accessories and Services, RFP #010521 (hereinafter, “Sourcewell RFP”); and WHEREAS, on January 5, 2021, PlayPower, Inc. (hereinafter, “PlayPower”) submitted a proposal; and
WHEREAS, on February 15, 2021, PlayPower and Sourcewell entered into Contract Number 010521-LTS (hereinafter, “Sourcewell Contract”) with an effective date of February 15, 2021, and expiration date of February 17, 2025; and WHEREAS, on September 25, 2023, the Sourcewell Contract was extended to February 17, 2026; and
WHEREAS, PlayPower sells their equipment through a national network; and WHEREAS, Vendor is PlayPower’s authorized vendor in California and therefore

ATTACHMENT B
2 is permitted to avail itself of the Sourcewell Contract; and WHEREAS, authorized under Section 34.18(B)(3) of the Santa Fe Springs Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Vendor’s cooperative agreement with Sourcewell, to purchase directly from Vendor; and WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of playground equipment at Santa Fe Springs Park, upon the conditions set forth below.

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

Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install new playground equipment at Santa Fe Springs Park as described in Vendor’s “Estimate Santa Fe Springs Park – Revision 9 with Bond CA266511” dated May 28, 2025 (hereinafter, the “Estimate”), which is attached and incorporated hereto as Exhibit “A”. For purposes of this Agreement, the capitalized term “Equipment” shall refer to the purchase and installation of the outdoor fitness equipment as listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Equipment listed in the Estimate shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP.

Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as “Sourcewell Documents”). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit “B”.

B. Vendor’s performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as City issues a written notice to proceed (hereinafter, the “Notice to Proceed”) with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.

C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be 3 responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City Representative. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third-party, nor shall City be responsible for providing Vendor’s personnel with training, tools or equipment required to deliver the Equipment. The Equipment installation shall be completed by October 17, 2025.

D. The liquidated damage for this Equipment installation is Five Hundred Dollars ($500.00) per calendar day for each calendar day the project is not completed to the satisfaction of the City within the contract time including any extension of time granted by the City.

E. The Equipment installation shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City’s issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City’s option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor’s sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.

F. City’s acceptance of the Equipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non-compliant with such specifications.

G. Coordinated Equipment will take place during the standard business hours.

Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
4 1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor’s field;

2. Vendor shall perform all work in a manner reasonably satisfactory to the City;

3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);

4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;

5. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and

6. All of Vendor’s employees and agents (including but not limited to Vendor’s 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 shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Vendor’s acceptance of any work performed by or on Vendor’s behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.

Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City’s representative shall be the Director of Public Works/City Engineer (hereinafter, the “City Representative”). It shall be Vendor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
5 B. Vendor Representative. For the purposes of this Agreement, Brittany Bourbonnais, Salesperson, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor’s performance under this Agreement and to make all decisions in connection therewith (the “Vendor Representative”). Notice to the Vendor Representative shall be written to constitute notice to Vendor.

Section 4. VENDOR’S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Vendor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. INSTRUCTION ON MAINTENANCE
City’s personnel in coordination with Vendor’s personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30- day testing and instruction period. City’s issuance of notification of conditions, 6 circumstances or other factors which make the City unwilling to accept the Equipment installation shall toll, the expiration of the 30-day testing and instruction period as to all Equipment.

Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 2(B) of the Sourcewell Contract.

Section 7. COMPENSATION
A. Compensation. Vendor shall sell, deliver and install the Equipment as referenced in the Scope of Work at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, in no event may Vendor’s total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of Four Hundred Fifty-five Thousand Seven Hundred Nineteen Dollars and Twenty Cents ($455,719.20) (hereinafter, the “Not-to-Exceed Amount”).

Section 8. SURETY BOND
A. Payment and Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Payment and Performance Bond in the amount of the total Not-to-Exceed Sum. The Payment and Performance Bond shall be in a form approved by City. No payment shall be made to Vendor until the Payment and Performance Bond has been received and approved by the City or the requirement for the Payment and Performance Bond has been waived.

Section 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND

REPORTING
A. The provisions of this Section shall apply to the extent any of the Equipment installation to be performed by Vendor constitutes a “public work” within the meaning of Section 1720(a)(1) of the Labor Code. Vendor shall comply with the provisions of the Labor Code applicable to public works, in the manner set forth under this Section. In addition to any other indemnification obligation set forth under this Agreement, Vendor shall indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

B. Vendor and any subcontractor performing or contracting any portion of the Equipment installation shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
7 1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Equipment installation shall constitute a legal day’s work under this Contract. Vendor and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. Vendor and any subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

Vendor shall post a copy of said prevailing rate of per diem wages at each job site.

C. As required by Section 1773.1 of the California Labor Code, Vendor shall pay travel and subsistence payments to each worker needed to execute the Equipment installation, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

D. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

E. Vendor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to City, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. Vendor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate.

Vendor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Vendor and any subcontractor shall fully 8 comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

F. Vendor and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. Vendor is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

G. Vendor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving Vendor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. Vendor shall also be subject to California Labor Code Section 1777.1.

H. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, Vendor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If Vendor, in the sole discretion of the City satisfies the City of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, Vendor may so act, and in such case, the insurance required by this paragraph need not be provided. Vendor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Agreement.

The Notice to Proceed with the Equipment installation under this Agreement will not be issued, and Vendor shall not commence the Work, until Vendor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Equipment installation under this Agreement. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, Vendor in signing this Agreement certifies to the City as true the following statement: "I am aware of the provisions 9 of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." A subcontractor is not allowed to commence the Equipment installation on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by Vendor and submitted to the Public Work’s Director for the City’s review and records.

I. In accordance with the provisions of Section 1727 of the California Labor Code, the City, before making payment to Vendor of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.

Section 10. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.

Section 12. RECORDS AND INSPECTION
Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins. 10 Section 13. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.

Section 14. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extend caused by the acts or omissions of Vendor and to the same extent afforded the Sourcewell, Sourcewell’s officials, commissioners, officers, agents, employees and volunteers.

Section 15. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.

Section 16. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.

B. In the event any claim or action is brought against City relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.

Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City’s written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City’s issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Vendor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City’s termination of this Agreement for 11 convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.

B. Termination for Cause. 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”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall 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 shall be cured, which shall not be less than the applicable cure period set forth under subsection 17(C) 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 shall 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. An Event of Default shall include, but shall not be limited to the following: (i) Vendor’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; (ii) Vendor’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City’s discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.

C. Vendor shall cure the following Events of Defaults within the following time periods:

1. Within ten (10) calendar days of City’s issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it 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 shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or

2. Within fifteen (15) 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 15-day cure period, may submit a written request for additional time to 12 cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Vendor’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-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 30-day cure period.

The foregoing notwithstanding, an Event of Default dealing with City’s failure to timely pay any undisputed sums to Vendor shall be cured by City within thirty (30) calendar days from the date of Vendor’s Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Vendor’s performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor’s cure of any Event of Default by giving written notice of City’s intent to suspend Vendor’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, Vendor shall be compensated only for those services and tasks which have been rendered by 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 shall operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

F. No waiver of any Event of Default or breach under this Agreement shall 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.

G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall 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 13 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:

1. Upon fifteen (15) day written notice to Vendor, the City may terminate this Agreement in whole or in part;

2. Upon written notice to Vendor, the City may extend the time of performance;

3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor’s breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or

4. The City may exercise any other available and lawful right or remedy.

H. In the event City is in breach of this Agreement, Vendor’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.

I. No waiver of any default or breach under this Agreement shall 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 18. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City’s reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor’s costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor’s insurances.

Section 19. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to VENDOR:

City of Santa Fe Springs
11710 Telegraph Road
Dave Bang Associates, Inc.

P.O. Box 1088
14 Santa Fe Springs, CA 90670
Attn: Director of Public Works/City
Engineer
Tustin, CA 92781
Attn: Brittany Bourbonnais, Salesperson
Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, Vendor shall not deny the contract’s benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

Section 21. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.

City shall not be obligated or liable under this Agreement to any party other than Vendor.

Section 22. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.

Section 24. GOVERNING LAW; JURISDICTION
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, shall 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, shall be in the Central District of California located in the 15 City of Los Angeles, California.

Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall 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 shall be void and invalid.

Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.

Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF SANTA FE SPRINGS DAVE BANG ASSOCIATES, INC.
(CERTIFIED AUTHORIZED

REPRESENTATIVE FOR PLAYPOWER,
INC.

By:_____________________________ By:_____________________________ René Bobadilla, P.E., City Manager
Date:_______________ Date:__________________
Approved as to form:

By:

Rick R. Olivarez, City Attorney
17 EXHIBIT “A”

ESTIMATE
Estimate
CA266511
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 1 ends

To:City of Santa Fe Springs
Attn: Alex Flores
11710 Telegraph Road
Santa Fe Springs, CA 90670-3658
Estimate Date Salesperson
05/28/2025 Brittany Bourbonnais
Santa Fe Springs Park - Revision 9 with Bond
Estimated Shipping Date Shipped Via FOB Terms Bid ID #
14 - 22 Weeks Truck - CA Santa Fe Spgs Net 30 Sourcewell #010521-LTS
Quantity Description Unit Price Total Extended
1 Playworld # C23118SPR7, Custom Site Plan with powder coated galvanized steel posts with cast aluminum caps, one piece powder coated aluminum hinged clamps and one piece EcoArmor coated perforated steel decks, (1) Square Shade Hat, (1) Hex Shade Hat with (33) Active Play Events to accommodate (112) users, Ages 2-12
$158,247.00 $158,247.00
1 Playworld # ZZXX0843Z, Risk Management Sign, Ages 2-12 *FREE with qualifying purchase of list price over $10,000 $0.00 $0.00
2 Playworld #ZZXX0260, BELT SEAT W/SILVER SHIELD CHAIN FOR 8ft TOP RAIL
$176.00 $352.00
1 Playworld #ZZXX0265, INFANT SEAT W/SILVER SHIELD FOR 8ft

TOP RAIL
$306.00 $306.00
1 Playworld #ZZXX0661, CONCERTO MEDIUM CABASA $1,365.00 $1,365.00 1 Playworld #ZZXX0892, ACCESSIBLE SWING SEAT- 8ft TOP RAIL $1,591.00 $1,591.00 1 Playworld #ZZXX0930, 3.5in OD 2-UNIT STEEL ARCH SWING- 8ft

TOP RAIL
$2,753.00 $2,753.00
1 Playworld #ZZXX0932, 3.5in OD STEEL ARCH SWING 2-UNIT

ADD-A-BAY
$1,652.00 $1,652.00
1 Playworld# ZZXX0150, OVERDRIVE $6,366.00 $6,366.00
Subtotal $172,632.00
Less Sourcewell Discount on Playworld ($17,263.20)
Less Special Discount ($9,813.48)
5,151 Poured-in-Place New Rubber Surfacing, 3.5” thickness for a 8’ critical fall height.
*To use Polycoat Products for the surfacing
Color: 50% BLACK / 50% STANDARD COLOR OF CHOICE
*To INCLUDE prevailing wages
$18.93 $97,508.43
Subtotal $97,508.43
1 Shipping
*Due to current freight cost volatility, please contact us to confirm shipping price is valid prior to ordering.
$5,744.00 $5,744.00
1 Site Prep by a Licensed Contractor to INCLUDE prevailing wages:
• Demo/remove existing equipment.
• Demo/remove EWF for 4,681 sqft at 12” depth.
• Demo/remove PIP for 470 sqft of PIP for 3.5”
• Demo/remove PIP sub-base for 470 sqft.
• Provide/install CMB materials compacted to 90% for 5,151 sqft at 10” depth.
• Remove and dispose spoils.
$65,000.00 $65,000.00
Estimate
CA266511
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 2 ends

Quantity Description Unit Price Total Extended
1 Installation by a Factory Certified Licensed Contractor to INCLUDE prevailing wages:
• Installation only of (1) Playworld structure #C23118SPR7 • Footings excavation, and concrete.
• Equipment assembly.
• Removal of spoils.
$65,214.00 $65,214.00
1 Installation by a Factory Certified Licensed Contractor to INCLUDE prevailing wages:
•Installation of grounding equipment including grounding rods and wire for (1) Playworld structure #C23118SPR6.
•Provide equipment:
oGrounding Rod ¾” DIA x 10’ with Ground wire clamp.
oBi Metallic post ground clamp BURNDY #GAR3905
oBare conductor wire 1#2/0
•Wire to be installed 24” below surface.
•Equipment assembly.
•Includes temporary fencing on stands with wind screen
around playground area only: 400’LF
•Removal of spoils.
*Please reference PBK Design Plans - Santa Fe springs Park - Playground Modernization
$58,125.00 $58,125.00
The above price is based on utilizing the Fence Builder / Resilient Tile Layer labor rate classification(s). If this job requires DIR project registration (PWC-100) please list this classification. If another labor classification is required, please let us know so we can revise this quote, if needed.
1 Payment & Performance Bond $2,925.25 $2,925.25
Discount Total ($27,076.68)
THIS ESTIMATE IS SUBJECT TO THE ATTACHED TERMS AND CONDITIONS Subtotal $440,072.00

THANK YOU FOR THIS CHANCE TO ESTIMATE
Dave Bang Associate, INC. IS PLEASED TO SUBMIT THE ABOVE ESTIMATE FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS ESTIMATE IS SUBJECT TO THE ATTACHED TERMS AND CONDITIONS, AND IS VALID FOR 14 DAYS. THEREAFTER, IT IS SUBJECT TO CHANGE WITHOUT NOTICE.

Tax (10.75%) $15,647.20
Total $455,719.20
Accepted By
Print Name: Signature: Date:

PLEASE SIGN AND RETURN ONE COPY WHEN ORDERING. THANK YOU! Estimate
CA266511
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 3 ends

Terms & Conditions

1. General Notes
*Assembly and Installation NOT included unless otherwise noted *Payment and Performance bonds are NOT included unless otherwise stated.

If required, additional charges will apply. Please call for details! *Customer responsible for quoted quantities and model numbers, please check! *Price reflects quoted quantity. Please request revision if alternate quantity is desired *Engineering, if required, is NOT included - please call for details!.

2. Payment / Ordering
*TO ORDER, please sign quote and return via email or fax to avoid any shipping delays. Fax or email copy deemed to be legal equivalent of original. If Payment with Order is required, please sign quote below and return with payment. All past due accounts subject to 1 ½% monthly finance charge. In the event legal action is required to effect collection venue shall be Orange, CA.

3. Shipping / Unloading
*Shipped by Common Carrier – Customer will need 2-4 people to unload. Liftgate NOT included. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload **IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery - Please note any shortages or damages on delivery copy.
*Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.

We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments

4. Engineered Wood Fiber
*Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer. *Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer. *Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal. If Compaction of the Engineered Wood Fiber was purchased, a high capacity water source such as a hydrant must be available. If applicable, the cost of a meter and / or the cost of the water is NOT included in the proposal. If we need to acquire the meter and / or pay for the water, please request an updated proposal

5. General Notes for Purchased Installation
*Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal *Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal *ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
*ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided. *UTILITY CLAUSE: Installation to include marking of utilities by Dig Alert. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc. Customers responsibility to provide locations of any utilities prior to commencement of work. *Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2-ton bobcat needed to complete project. *Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders unless otherwise noted *Before we proceed with the playground installation, the playground area MUST be compacted, be free of debris, and excavated accordingly. Please call for details.
*Concrete pad for surface mount items NOT included and MUST be provided by customer unless otherwise stated. *Surface mount anchoring to asphalt and paver areas is NOT included unless otherwise stated. *Private Utility Locator is NOT included unless otherwise noted. Private Utility Locator CANNOT locate any PVC or plastic water lines *Installation does NOT include saw cutting and/or core drilling unless otherwise noted *Installation does NOT include jackhammering. Please call for details. *Area MUST have normal soil conditions and be level.

Estimate
CA266511
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 4 ends

*All Athletic Equipment Goals such as soccer, football, etc, install location MUST be marked out by customer prior to installation, if installation was purchased

6. Temporary Fencing
*Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.

7. ADA Access
*Play Equipment MUST be installed over an impact-absorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
*This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.

8. Poured-in-Place Rubber Surfacing
*Rubber Surfacing cure time is normally 48-72 hours and can vary depending on weather conditions. *Rubber Surfacing cannot be installed during extreme weather conditions and may also not be installed if rain or frost is forecast during the cure time. *48-Hour Manned Security is NOT included for rubber.

9. Shade Shelters (non DSA)
*Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote - engineering, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City. *Shade Shelter manufacture time is 6-8 weeks. Permitting can add 2-4 weeks or more to lead time. PLEASE NOTE: Shade Orders are NOT released into production until permit is issued!
*Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.

10. Shade Shelters (DSA)
**6-8 Week lead time is AFTER DSA approval by your architect of choice * Customer to receive shade shelter. If receiving by us is needed, please call for pricing and details! * Job to be completed in one mobilization. Additional moves will be additional pricing if we are required to remobilize due to schedule issues, stop work or a delay in work not caused by us
*Pricing does NOT include, architectural drawings, site/plot plans, DSA submittal fees, job site inspector fees, shop welding inspection fees, and/or permits *DSA in-plant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted. *School District / Architect responsible for submission of plans to DSA for DSA approval *Fabrication cannot start until inspections have been coordinated, colors have been selected, and approved plans received. *Fabrication cannot start until inspections have been coordinated, colors have been selected, and approved plans received.

11. Prevailing Wages
*Prevailing Wages NOT included unless otherwise noted. (ie: Davis Bacon, TERO, ect.) If this is a Prevailing Wage project, please request alternate pricing. *If Prevailing Wages / Davis Bacon Wages were INCLUDED, all other special work fees NOT included - Additional Labor Charges may apply if alternate labor is required.
*If DIR Project Registration is required, work may not begin until we receive DIR Project ID number

12. Indemnity Provision
*Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.

13. Insurance
Available Insurance
Umbrella / Excess Liability:

Each Occurrence - $5,000,000.00
Aggregate - $5,000,000.00
General Liability Limits:

Deductible - $5,000.00
Estimate
CA266511
P.O. Box 1088, TUSTIN, CA 92781 1-800-669-2585 DAVEBANG.COM [email protected] LIC #795052

Page 5 ends

Each Occurrence - $1,000,000.00
Damage to Rented Premises - $100,000.00
Medical Expense - $5,000.00
Personal & Adv Injury - $1,000,000.00
General Aggregate (per project) - $2,000,000.00
Products Comp/OP Agg - $2,000,000.00
Excludes Contractual Liability
Available Endorsements:

Additional Insured Ongoing Operations CG2010 0704
Additional Insured Completed Operations CG2037 0704
Primary Noncontributory IFG-G-0094
Waiver of Subrogation CG 2404
Per Project Aggregate IFG-G-0065
Per Location Aggregate IFG-G-0064
Auto Liability Limits:
(Any Auto, Hired Autos, Non-Owned Autos)
Combined Single Limit $1,000,000.00
Available Endorsements:

Auto Blanket Additional Insured CNA71527XX
Auto Blanket Waver of Subrogation CA 0444
Workers Compensation and Employers Liability:

Each Accident - $1,000,000.00
Disease (Ea Employee) - $1,000,000.00
Disease (Policy Limit) - $1,000,000.00
Waiver of Subrogation Endorsement available upon request CA WCO000313
Initial:
18 EXHIBIT “B”

SOURCEWELL DOCUMENTS
Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services

Page 1 ends

RFP #010521

REQUEST FOR PROPOSALS
for
Playground and Water Play Equipment with Related Accessories and Services Proposal Due Date: January 5, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Playground and Water Play Equipment with Related Accessories and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than January 5, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.

Solicitation Schedule
Public Notice of RFP Published: November 10, 2020
Pre-proposal Conference: December 3, 2020, 10:00 a.m., Central Time Question Submission Deadline: December 23, 2020, 4:30 p.m., Central Time Proposal Due Date: January 5, 2021, 4:30 p.m., Central Time Late responses will not be considered.

Opening: January 5, 2021, 6:30 p.m., Central Time **
** SEE RFP SUB-SECTION V. G. “OPENING”
Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services

Page 2 ends

I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;
Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services

Page 3 ends

• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM).

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewellmn.gov/sourcewell-for-vendors/agency-locator.

Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

II. EQUIPMENT, PRODUCTS, AND SERVICES
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Playground and Water Play Equipment with Related Accessories and Services, including, but not to be limited to:
a. Playground equipment, site furnishings, site amenities, and accessories; Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services

Page 4 ends

b. Water play and aquatic recreational structures and equipment, such as splash pads, waterparks, waterslides, playable fountains, ground sprays and activity towers; c. Playground surfacing and fall protection, and water play and aquatic recreational surfacing; and,
d. Services related to the solutions described in subsections 1. a. - c. above, including design-build services, site assessment, site preparation, installation, maintenance or repair, and warranty programs. However, this solicitation should NOT be construed to include “service‐only” solutions. Proposers may include related services to the extent that these solutions are complementary to the offering of the equipment and products being proposed.

2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:

1. Athletic Surfacing with Related Materials, Supplies, Installation, and Services (RFP #060518)

2. Athletic and Physical Education Equipment and Supplies with Related Accessories (RFP #071819)

3. Flooring Materials, with Related Supplies and Services (RFP #080819) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.

A Proposer may elect to offer a materials-only solution, a turn-key solution, or an alternative solution. Generally, a turn-key solution is most desirable to Sourcewell and its Participating Entities, however, it is not mandatory or required.

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services

Page 5 ends

Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $70 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award.

Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services

Page 6 ends

Santa Fe Springs City CouncilJuly 1, 2025

Santa Fe Springs City Council
July 1, 2025