Agenda — Stanton City Council, June 25, 2024 (part 1 of 7)

NOTICE AND CALL

CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

SPECIAL MEETING

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on June 25, 2024, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

The Agenda for the Special Meeting is attached to this Notice and Call.

Dated: June 20, 2024
s/ Patricia A. Vazquez, City Clerk / Secretary

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245. NOTIFICATION PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (868 2004 1983) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/86820041983?pwd=NlNNKzU0ckFPTHdWSG92NXIwNVFjQT09

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk June 25, 2024

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, JUNE 25, 2024
SPECIAL CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected].

Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (868 2004 1983) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/86820041983?pwd=NlNNKzU0ckFPTHdWSG92NXIwNVFjQT09

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk June 25, 2024

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The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.StantonCA.gov.

1. CLOSED SESSION (5:30 PM)

2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

4. CLOSED SESSION
4A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
4B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Negotiators: Mayor
Unrepresented employee: City Manager

5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver
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7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation of certificates of recognition to the sponsors of the Paint the Town with Love! event, the City’s first ever City-wide volunteer event.

B. Proclamation declaring the month of July 2024 as Parks and Recreation Month in the City of Stanton.

C. Presentation by the Orange County Power Authority, sharing their mission with the City Council and providing information on their current operations.

9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated May 17, 2024 – May 30, 2024, in the amount of $672,171.72.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – June 11, 2024.

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9D. PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE ON-CALL CIVIL

ENGINEERING SERVICES
On March 28, 2024, staff released a Request for Proposals (RFP) soliciting proposals to provide professional, on-call civil engineering services in accordance with the City’s Purchasing and Contracting Guidelines. Staff has pre-qualified five firms and recommends entering into on-call services agreements for a term of three years in the amount of $150,000, annually, with each of the pre-qualified firms. Costs associated with work by these firms will be negotiated on a case-by-case basis and funded by each project’s approved budget.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by section 15378 of the CEQA guidelines; and

2. Award contracts for professional civil engineering services to Harris & Associates, Inc., RAK Development, Inc. DBA Kreuzer Consulting Group, Onward Engineering, Structural Engineering Center, Inc. DBA Professional Engineering Center, and RKA Consulting Group to provide on-call professional civil engineering services in the amount not-to-exceed $450,000 or $150,000 annually for a term of three years; and

3. Authorize the City Manager to bind the City of Stanton and Harris & Associates, Inc., RAK Development, Inc. DBA Kreuzer Consulting Group, Onward Engineering, Structural Engineering Center, Inc. DBA Professional Engineering Center, and RKA Consulting Group in contracts to provide the services.
9E. PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE ON-CALL LAND

SURVEYING SERVICES
On March 28, 2024, staff released a Request for Proposals (RFP) soliciting proposals to provide professional, on-call land surveying services in accordance with the City’s Purchasing and Contracting Guidelines. Staff has pre-qualified four firms and recommends entering into on-call services agreements in the amount of $50,000, annually, with each of the pre-qualified firms for a term of three years. Costs associated with work by these firms will be negotiated on a case-by-case basis and funded by each project’s approved budget.

RECOMMENDED ACTION:

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2. Award contracts for professional land surveying services to Coast Surveying, Inc., GIS Surveyors, Inc., D. Woolley and Associates, Inc, and IMEG Consultants Corp. to provide on-call professional land surveying services in the amount not-to-exceed $150,000 or $50,000 annually for a term of three years; and

3. Authorize the City Manager to bind the City of Stanton and Coast Surveying, Inc., GIS Surveyors, Inc., D. Woolley and Associates, Inc, and IMEG Consultants Corp. in contracts to provide the services.
9F. AMENDMENT OF THE LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA

EDISON FOR STANTON PARK TO ALLOW AMERICANS WITH DISABILITES ACT (ADA) ACCESSIBLE PARKING SPACES
The City of Stanton entered into a License Agreement with Southern California Edison (SCE) to continue the lease of Stanton Park (Assessor’s Parcel Numbers 131-091-19 and 131-091-29) for use as community recreational and parkland purposes. The Agreement stipulates that any improvements on Stanton Park must be approved by Southern California Edison. There are two (2) existing ADA parking spaces at Stanton Park with no record of approval. As such, the Amendment formally permits the use of the two ADA parking spaces that are already installed on the property and reiterates no additional parking will be allowed to be installed without SCE consent.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment; and

2. Approve the First Amendment to the License Agreement with SCE and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and

3. Authorize the City Manager to execute the First Amendment to the License Agreement with SCE.
9G. APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITY OF STANTON AND

THE CITY OF GARDEN GROVE FOR THE FERN STREET REHABILITATION PROJECT (TASK CODE NO. 2025-103)
The City of Garden Grove has a residential street rehabilitation project that includes resurfacing Fern Street from Stanford Avenue to Garden Grove Boulevard. The westerly half of Fern Street is within City of Stanton City Limits. The City of Garden Grove offered to resurface the entirety of Fern Street as part of their project. As such, staff worked collaboratively with the City of Garden Grove to develop a cooperative agreement for the construction.

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RECOMMENDED ACTION:

1. City Council finds that that the project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities; and

2. Approve the Cooperative Agreement between the City of Stanton and the City of Garden Grove to rehabilitate Fern Street; and

3. Authorize the City Manager to execute the Cooperative Agreement between the City of Stanton and the City of Garden Grove to rehabilitate Fern Street. 9H. RESOLUTION DIRECTING THE AUDITOR-CONTROLLER OF THE COUNTY OF

ORANGE TO ADD THE PROTECTIVE SERVICES TAX TO THE TAX ROLL FOR FISCAL YEAR 2024/25
On August 6, 1985, the City of Stanton voters approved an initiative measure establishing a Protective Services Tax with a 2/3 majority vote. The proceeds from the Protective Services Tax are used for fire protection and suppression services provided by the City, which are contracted with the Orange County Fire Authority. Each year, the City Council must adopt a Resolution directing the Auditor-Controller to place this assessment on the property tax roll.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly); and

2. Adopt Resolution No. 2024-24, directing the Orange County Auditor-Controller to place the Protective Services Tax on the property tax roll for Fiscal Year 2024/25, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DIRECTING THE AUDITOR-CONTROLLER OF THE

COUNTY OF ORANGE, CALIFORNIA, TO ADD THE PROTECTIVE
SERVICES TAX TO THE TAX ROLL FOR FISCAL YEAR 2024/25”.

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9I. FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

INVESTMENT MANAGEMENT AND ADVISORY SERVICES (CHANDLER ASSET MANAGEMENT, INC.)
On June 14, 2022, the City entered into an agreement with Chandler Asset Management, Inc. (“Chandler”) to provide investment management and advisory services to the City.

The original term of the agreement was for two years and authorizes the City Manager to renew the agreement annually. Chandler began managing $25 million of the City’s investment portfolio in September 2022. Staff is requesting the term of the agreement be extended for an additional 3 years, resulting in a total term of 5 years, which is consistent with the term the Finance Department has for its other professional services. Therefore, staff requests that the City Council approve the proposed first amendment to extend the term of the agreement (Attachment A).

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Authorize the City Manager to execute the first amendment to the agreement with Chandler Asset Management.
9J. FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL CONSULTING

SERVICES WITH WILLDAN FINANCIAL SERVICES FOR THE PREPARATION OF AN

OVERHEAD COST ALLOCATION PLAN AND COMPREHENSIVE USER FEE STUDY On January 12, 2021, the City entered into an agreement with Willdan Financial Services for the preparation of an overhead cost allocation plan and comprehensive user fee study.

On June 28, 2022, the City Council approved the first amendment to the agreement to extend the term of the agreement to June 30, 2023. On June 27, 2023, the City Council approved the second amendment to the agreement to extend the term of the agreement to June 30, 2024. On November 28, 2023, the City Council approved the third amendment to the agreement to modify the total compensation of this agreement to $39,880. The project is in its final review stages but will not be completed prior to the expiration of the current agreement. Therefore, staff requests that the City Council approve the proposed fourth amendment to extend the term of the agreement to allow sufficient time for the study to be completed (Attachment A).

RECOMMENDED ACTION:

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2. Authorize the City Manager to execute the fourth amendment to the agreement with Willdan Financial Services to extend the term for the preparation of an overhead cost allocation plan and a comprehensive user fee study.
9K. AWARD OF CONTRACT TO INTERIOR DEMOLITION, INC. FOR THE 8930 PACIFIC

AVENUE DEMOLITION AND ABATEMENT PROJECT IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE IN THE AMOUNT OF $96,000
One of the detached garages associated with the building located at 8930 Pacific Avenue was recently severely damaged by a fire started by transients, and the structure and adjacent garages have been red-tagged and must be demolished. The vacant 4-plex building located at 8930 Pacific Avenue is also recommended for demolition at this time due to concerns from residents, the property manager, and the City. The City’s Purchasing and Contracting Guidelines allow for exceptions to the standard procurement procedures when it is determined to be in the best interests of the City to preserve the public health, safety, and welfare of the community. As such, staff is recommending award of contract to Interior Demolition, Inc., which was the lowest responsible bidder in 2022, at the time of the last Tina Pacific demolition project.

RECOMMENDED ACTION:

1. City Council declare the work proposed under this scope increase to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301l (3); and

2. Authorize staff to exercise an exception to the standard procurement procedures in the best interests of the City to preserve the public health, safety, and welfare of the community; and

3. Award a construction contract to Interior Demolition, Inc., to provide professional demolition and abatement services in the amount of $96,000; and

4. Authorize the City Manager to bind the City of Stanton and Interior Demolition, Inc. in a contract to provide the services; and

5. Authorize the City Manager to approve contract change orders with Interior Demolition, Inc., as needed and determined by City staff, for any contingencies up to 15% of the contract amount.

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9L. LEASE AGREEMENT WITH WIRELESS CCTV, LLC FOR LEASE OF CAMERA

TRAILERS AS PART OF THE SAFE STREETS TOGETHER CAMPAIGN UTILIZING

COOPERATIVE PURCHASING
The City is launching its Safe Streets Together: United Against Exploitation campaign in July 2024. One of the impact areas the campaign will focus on is reducing the demand for prostitution and the illegal sale of sex, through the implementation of various strategies. Cameras can decrease the demand for prostitution and human trafficking by increasing the risk of detection and arrest for buyers of illegal sex. The presence of cameras provides heightened surveillance and accountability, discouraging individuals from engaging in or facilitating prostitution and human trafficking. Staff is requesting authorization to lease two solar camera trailers to support the demand reduction objectives utilizing cooperative purchasing and the City of Palmdale’s contract.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Authorize the City Manager to enter into a lease agreement with Wireless CCTV, LLC for two solar camera trailers for a rental term of 12 months and a monthly rate of $3,100, for an annual rental amount of $37,200; and

3. Authorize the City Manager to approve additional costs as needed and determined by City staff, for any contingencies up to 15% of the agreement amount.

END OF CONSENT CALENDAR
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10. PUBLIC HEARINGS
10A. PUBLIC HEARING RELATIVE TO PLACING THE ANNUAL SEWER SERVICE

CHARGE FOR SEWER SERVICES ON THE PROPERTY TAX ROLL FOR FISCAL YEAR 2024/25
On August 8, 2017, the City held a noticed public hearing in compliance with Proposition 218 and adopted the Annual Sewer Service Charges for Fiscal Years 2017/18 through 2022/23 with Ordinance No. 1068. The approved rates include a 3.5% increase annually for Fiscal Years 2018/19 through 2021/22. A new sewer service rate study has been on hold pending the completion of the City’s Sewer Master Plan Update project. Therefore, staff is recommending no change to the Annual Sewer Service Charge collected for Fiscal Year 2024/25. The purpose of this noticed public hearing is to confirm the report prepared by the City’s consultant, Harris & Associates, and to seek City Council approval to request the Orange County Auditor-Controller place the Annual Service Charge on the property tax roll for Fiscal Year 2024/25. The Sewer Service Charge Report (“Report”) prepared by the Consultant identifies each parcel subject to the Annual Sewer Service Charge for Fiscal Year 2024/25 (Exhibit A of Attachment A).

RECOMMENDED ACTION:

2. Conduct a public hearing concerning the placement of the Annual Sewer Service Charge on the property tax roll for Fiscal Year 2024/25; and

3. Adopt Resolution No. 2024-25, directing the Orange County Auditor-Controller to place the Annual Sewer Service Charge on the property tax roll for Fiscal Year 2024/25, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, ESTABLISHING RATES FOR THE ANNUAL SEWER

SERVICE CHARGE FOR SEWER SERVICES FOR FISCAL YEAR
2024/25”.

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10B. PUBLIC HEARING RELATIVE TO PLACING THE ANNUAL LEVY OF ASSESSMENTS

FOR THE INSTALLATION, MAINTENANCE, AND SERVICING OF PUBLIC LIGHTING

FACILITIES AND MEDIAN ISLANDS WITHIN THE BOUNDARIES OF THE

TERRITORY INCLUDED IN STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2024/25 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
On May 28, 2024, the City Council adopted Resolution No. 2024-14, approving the Engineer’s Report, and Resolution No. 2024-15, declaring its intention to levy and collect the annual assessments for installation, maintenance and servicing of Stanton Lighting and Landscaping District No. 1 (“the District”) for Fiscal Year 2024/25 pursuant to the Landscaping and Lighting Act of 1972. Resolution No. 2023-08 also set the date of the public hearing for this matter for June 25, 2024. Harris & Associates, the City’s consultant, prepared the District’s assessment roll for Fiscal Year 2024/25 (Exhibit A of Attachment A).

RECOMMENDED ACTION:

2. Conduct a public hearing concerning the extent of the District, the improvements, the proposed assessments, and all other matters pertaining hereto; and

3. Adopt Resolution No. 2024-26, confirming the assessments for installation, maintenance, and servicing of lighting and landscaping with the boundaries of the territory included in the District and directing the Orange County Auditor-Controller place the assessment on the property tax roll for Fiscal Year 2024/25, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, CONFIRMING THE ASSESSMENTS FOR

INSTALLATION, MAINTENANCE, AND SERVICING OF LIGHTING AND

LANDSCAPING WITHIN THE BOUNDARIES OF THE TERRITORY

INCLUDED IN THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR FISCAL YEAR 2024/25”.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS None.

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13. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items. Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted.

All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.

Currently Scheduled: None.

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15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REVISITATION /

RETURN OF TALK ON THE BLOCK COMMUNITY MEETINGS
At the June 11, 2024, City Council meeting, Council Member Taylor requested that this item be agendized for discussion. Council Member Taylor is requesting to discuss revisitation/return of the City’s Talk on the Block Community meetings.

RECOMMENDED ACTION:

City Council provide direction to staff.
15E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REVISITATION OF

LOCAL PREFERENCE
At the June 11, 2024, City Council meeting, Mayor Pro Tem Warren requested that this item be agendized for discussion. Mayor Pro Tem Warren is requesting to discuss revisitation of local preference, in support local Stanton businesses.

RECOMMENDED ACTION:

City Council provide direction to staff.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 20th day of June, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary

PARKS AND RECREATION MONTH
JULY, 2024
WHEREAS, Parks and Recreation is an integral part of communities throughout this country, including in the City of Stanton; and
WHEREAS, Parks and Recreation promotes physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity; and
WHEREAS, Parks and Recreation supports the economic vitality of communities by partnering with local businesses and non-profits, and offering events for resident’s engagement; and WHEREAS, Parks and Recreation creates memorable experiences through youth sports and enrichment activities, teen programs, senior activities, adult fitness, free community events, and beyond; and WHEREAS, Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and
WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical, and emotional growth in people of all ages and abilities; and WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics, and landscape; and WHEREAS, Parks and Recreation facilitates community problem and issue resolution by providing safe spaces to come together peacefully and serving as key points of service, helping our communities heal both physically and emotionally; and
WHEREAS, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and WHEREAS, Parks and Recreation supports safe, vibrant, attractive, progressive communities that make life better through positive alternatives offered in their recreational opportunities; and WHEREAS, Parks and Recreation remains versatile and innovative in providing vital services to communities through local, national, or global emergencies, all while adhering to guidelines set forth by governing agencies; and WHEREAS, the City of Stanton recognizes the many benefits of utilizing parks, facilities, programs, and services and celebrates the success and contributions of our Community Services Department.

NOW, THEREFORE, LET IT BE RESOLVED, that I, David J. Shawver, Mayor of the City of Stanton and on behalf of the entire City Council do hereby declare the month of July, 2024 to be PARKS AND RECREATION MONTH throughout the City of Stanton, and in doing so encourage the citizens of this community to join with me in recognizing the importance of the benefits derived from Parks and Recreation resources, access to local parks, open space, and facilities for the health, wellness, development, inspiration, and safety for all residents.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND

CAUSED TO BE AFFIXED THE SEAL OF THE CITY OF STANTON THIS 25TH DAY OF JUNE, 2024.

DAVID J. SHAWVER, MAYOR
Item: 8B
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May 17-May 30, 2024
Electronic Transaction Nos. $ 231,257.95
Check Nos. 300,918.33
Total Payments to Vendors $ 532,176.28
Payroll dated May 23, 2024* 139,995.44
TOTAL PAYMENTS $ 672,171.72
* = Represents the total net payroll paid through direct deposit on pay date.

Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

WARRANT REGISTER
3232-3256
conform to the City of Stanton Annual
Budget as approved by the City Council.
137941-137989
Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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DRAFT
Joint Regular Meeting – June 11, 2024 - Page 1 of 13

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING JUNE 11, 2024

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:03 p.m. by Mayor Pro Tem/Vice Chairperson Warren.

2. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, and Mayor Pro Tem/Vice Chairperson Warren.

Absent: Mayor/Chairman Shawver.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 6:03 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
Mayor/Chairman Shawver arrived at 6:20 PM

5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:40 p.m.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 6:03 to 6:40 p.m.

The City Attorney / Agency Counsel reported that there was no reportable action.

Item: 9C
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6. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, Mayor Pro Tem/Vice Chairperson Warren, and Mayor/Chairman Shawver.

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Mr. Keith Gifford, Code Enforcement Manager.

8. SPECIAL PRESENTATIONS AND AWARDS
The City Council proclaimed mid-summer through early autumn 2024, to be Wildfire Awareness and Prevention Season within the City of Stanton and presented a proclamation to Orange County Fire Authority.

9. CONSENT CALENDAR
Public Comment:
• Mr. Scott Griffith, Great Scott Tree Service, Inc., spoke in regard to consent calendar item 9I, citing that Great Scott Tree Service, Inc. is willing to utilize their contract extension to extend their current contract with the City with no CPI increases.

Mayor Pro Tem Warren requested to pull item 9I from the consent calendar for separate discussion.

Motion/Second: Warren/Van
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried.

Consent calendar item 9I was pulled from the consent calendar for separate discussion.

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Mayor Shawver requested to pull item 9H from the consent calendar for separate discussion.

Motion/Second: Shawver/Taylor
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried.

Consent calendar item 9H was pulled from the consent calendar for separate discussion.

Motion/Second: Shawver/Warren
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Van AYE
Mayor Pro Tem/Vice Chairperson Warren AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated May 3, 2024 – May 16, 2024, in the amount of $5,874,635.02.

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9C. APPROVAL OF MINUTES

1. The City Council/Successor Agency/Housing Authority approved Minutes of Special & Joint Regular Meeting – May 28, 2024; and

2. The City Council approved Minutes of Special Meeting – May 29, 2024. 9D. APRIL 2024 INVESTMENT REPORT
The Investment Report as of April 30, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of April 2024. 9E. APRIL 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of April 30, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of April 2024. 9F. APRIL 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended April 30, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section

2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund.

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2. Received and filed the General Fund and Housing Authority Fund April 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended April 30, 2024.
9G. APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1

GRANT PROGRAM AND APPROPRIATION OF FUNDS
The Orange County Transportation Authority (OCTA) has issued a call for projects for the Environmental Cleanup Program (ECP), Tier 1 Grant. The City is requesting approximately $20,240 in funds from OCTA to purchase and replace the grate at the storm channel on Western Avenue at 10660 Western Avenue to keep trash from reaching local waterways and mitigate flooding on Western Avenue. If the grant is awarded, the City is required to provide a 20% match of $5,060, for a total project cost of $25,300. Staff is recommending the City Council authorize staff to appropriate $5,060 from the City’s Capital Projects Fund (#305) if the grant is awarded.

1. The City Council declared that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15301(c) – Existing highways and streets, sidewalks, gutters, bicycle, and pedestrian trails, and similar facilities; and

2. Adopted Resolution No. 2024-23 authorizing the application of funds for the Environmental Cleanup, Tier 1 Grant Program, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON

AUTHORIZING AN APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3
FOR THE ENVIRONMENTAL CLEANUP PROGRAM PROJECT”; and

3. Authorized the Public Works Director to sign the 2024 Tier 1 Call for Projects Application for Funding; and

4. Authorized staff to appropriate $5,060 from the available fund balance in the Capital Projects Fund (#305) to fund the required 20% matching requirement if the grant is awarded.
9J. AWARD OF CONSTRUCTION CONTRACT FOR THE FAMILY RESOURCE CENTER RENOVATION (PHASE II) PROJECT (TASK CODE NO. 2023-201) AND

TRANSFER OF FUNDS
Two bids for the Family Resource Center Renovation (Phase II) Project were opened on May 9, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by A2Z Construct, Inc. to be the lowest responsible and responsive bid at $238,000. The total funds needed to complete DRAFT
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this project ($282,000) are more than the available funds ($248,170). Staff is requesting City Council approval to transfer savings from the completed Family Resource Center Improvements (Phase 1) Project (Task Code No. 2022-201) to fund the shortfall of $33,830.

1. The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and

2. Awarded a construction contract for the Family Resource Center Renovation (Phase II) Project to A2Z Construct, Inc. for the bid amount of $238,000 and rejected all other bids; and

3. Authorized the City Manager to bind the City of Stanton and A2Z Construct, Inc. in a contract for the construction; and

4. Authorized the City Manager to approve contract changes, not to exceed 10- percent of the bid amount ($23,800); and

5. Approved the transfer of $33,830 from the Family Resource Center Improvements (Phase 1) Project (Task Code No. 2022-201) to increase the Family Resource Center Renovation (Phase II) Project (Task Code No. 2023- 201) Fiscal Year 2023/2024 budget from $363,059 to $396,889. 9K. QUALIFIED CONTRACTORS LIST FOR CALIFORNIA UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT
The City’s Qualified Contractors List has been prepared in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and associated Public Contract Codes.

1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Qualified Contractors List.

Company Name DBA Name
Aguilar & Calderon Corporation
Ben's Asphalt Inc.

Dulux Painting Depot Painting
FM Thomas FM Thomas Air Conditioning Inc
Integrated Demolition and Remodelation
KYA Services LLC
Mesa Energy Systems Emcor Services Mesa Energy
Mission Paving and Sealing Mission Paving and Sealing Inc DRAFT
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Newman Midland Corp.

Nowlin Fence Nowlin Fence, Inc
RJ Noble RJ Noble Company
Verne's Plumbing Verne's Plumbing, Inc.

Pro-Craft Construction
Nationwide Contracting Services Inc. Nationwide General Construction Services TTS Engineering Inc.

Innovative Engineering Systems, Inc. Agilitech
Legacy Renovation Services, Inc.

National Plant Services, Inc. National Plant Services, Inc.

Mel Smith Electric, Inc. Mel Smith Electric, INC.

Doty Bros. Equipment Company Doty Bros. Equipment Company Hanna Construction Inc. Hanna Construction
Southwest Painting Inc Southwest Painting Inc
Bishop, Inc.

EBS General Engineering, Inc.

All American Asphalt
Underground Solutions, Inc Underground Solutions, Inc
So Cal Sandbags, Inc. So Cal Sandbags, Inc.

TLS Choice LLC TLS Choice LLC
Progressive Surface Solutions LLC
Herman Custard Electric Herman Electric
3M Construction Corporation
M.J. Jurado, Inc M J Jurado, Inc.

Houston & Harris PCS, Inc.

Johnson-Peltier Electrical Johnson-Peltier Electric
Wayne Perry, Inc. Wayne Perry, Inc.

Prestige Striping Services Inc Prestige Paving Company
9L. ADMINISTRATIVE POLICY FOR UNCLAIMED PROPERTY
During the last two fiscal year audits, the City’s auditors, Gruber and Lopez, Inc., have verbally recommended the City document a written policy to address the handling of unclaimed property. The California Government Code requires the City to adopt a formal policy regarding the handling of unclaimed property to exercise the process outlined in California Government Code Sections 50050-50056. Attachment A includes an administrative policy titled “Unclaimed Property Policy” to establish a procedure to escheat these funds.

1. The City Council finds that these actions are not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment) and even if they were considered a project, they would still be exempt from CEQA under State CEQA Guidelines Section 15301; and

2. Received and filed the report.

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9M. SELECTION OF FIREWORKS LICENSEES FOR 2024
City Council may select licensees for 2024 fireworks sales.

1. The City Council finds that the action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the State CEQA Guidelines as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Awarded a fireworks sales license to the Youth Assistance Foundation of Stanton and the Boys & Girls Club of Stanton.

END OF CONSENT CALENDAR
9H. AWARD A PROFESSIONAL SERVICES AGREEMENT TO BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR CITYWIDE LANDSCAPING MAINTENANCE

SERVICES
As the current contract is set to expire on June 30, 2024, City staff released a “Request for Proposal” (RFP) soliciting proposals to provide landscape maintenance services citywide. Staff recommends awarding a three-year contract to West Coast Arborist, Inc. in an amount not-to-exceed $1,245,000 or $415,000 annually.

Ms. Hannah Shin-Heydorn, City Manager, reported a clerical error to the report in brief above citing “West Coast Arborist, Inc.” and that the published title and recommended actions 1, 2 and 3 are accurate in citing and requesting award to “BrightView Landscape Services, Inc.”
Motion/Second: Shawver/Van
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried.

1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act (CEQA), Class 1, Section 15301(h) as maintenance of existing landscaping; and
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2. Awarded a professional services agreement to BrightView Landscape Services, Inc. to provide landscape maintenance services for three-years in an amount not-to-exceed $1,245,000 or $415,000 annually; and

3. Authorized the City Manager to bind the City of Stanton and BrightView Landscape Services, Inc. in a contract to provide the services. 9I. AWARD A PROFESSIONAL SERVICES AGREEMENT TO WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE, PLANTING, AND REMOVAL

SERVICES
As the current contract is set to expire on June 30, 2024, staff released a Request for Proposal (RFP) soliciting proposals to provide tree maintenance, planting, and removal services citywide. Staff recommends awarding a three-year contract to West Coast Arborist, Inc. in an amount not-to-exceed $445,500 or $148,500 annually.

Mayor Pro Tem Warren requested to reject staff’s recommendations and to move forward with an approval of a contract extension (no CPI increase) with the City’s current vendor Great Scott Tree Services, Inc.

The City Council rejected staff’s recommendations and directed staff to move forward with a contract extension, citing no CPI increases, with the City’s current vendor Great Scott Tree Services, Inc. In addition, the City Council directed staff to approach Great Scott Tree Services, Inc. with the City’s request for the contractor to conduct a tree survey and to create a tree inventory for the City as part of their extended contract.

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS
11A. ADOPTION OF THE FISCAL YEAR 2024/25 OPERATING AND CAPITAL BUDGET FOR THE CITY OF STANTON AND STANTON HOUSING AUTHORITY;

APPROVE EMPLOYEE BENEFITS AND SALARY RATES FOR FISCAL YEAR 2024/25; ADOPT THE FISCAL YEAR 2024/25 APPROPRIATIONS LIMIT; ADOPT DRAFT
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FISCAL YEAR 2024/25 RESERVE POLICY; APPROVE THE CITY INVESTMENT POLICY FOR FISCAL YEAR 2024/25; WAIVE COMPETITIVE BIDDING REQUIREMENTS FOR CERTAIN COMMODITY PURCHASES; APPROVE FIRST

AMENDMENT TO THE LAW ENFORCEMENT SERVICES AGREEMENT FOR FISCAL YEAR 2024/25 (COUNTY OF ORANGE); AND APPROVE INTERFUND TRANSFERS FOR FISCAL YEAR 2023/24
During its regular City Council meeting held on May 14, 2024, the City Council reviewed the Proposed Operating and Capital Budget for Fiscal Year 2024/25.

During the meeting, the City Council approved a number of decision packages that resulted in total appropriations increasing by approximately $4.2 million. As a result, total Fiscal Year 2024/25 proposed appropriations (for all City Funds) increased from $45.9 million (as of May 14, 2024) to $50.1 million. The Proposed Budget for Fiscal Year 2024/25 is provided as Attachment A.

In addition to adopting the Fiscal Year 2024/25 Operating and Capital Budget, staff is recommending City Council approval of the following:
• Annual approval of employee benefits and salary rates (Attachment D); • Approval of amended position classification manual (Attachment E); • Approval of amended personnel rules (Attachment F);
• Annual approval of the City’s appropriation limit (Attachment G); • Annual approval of the City’s Reserve Policy (Attachment H); • Annual approval of the City’s Investment Policy (Attachment J); • Annual approval waiving competitive bidding for certain commodity purchases; and,
• Approval of the first amendment to the agreement with the County of Orange for law enforcement services (Attachment K).

Lastly, staff is requesting City Council approval to transfer $1.8 million in developer agreement fees (for public benefit fees, beautification/enhancement fees, and neighborhood preservation fees) collected in the General Fund to new special revenue funds established for each fee to facilitate the tracking of the receipt and spending of these fees (Attachment M).

Staff report by Ms. Michelle Bannigan, Finance Director.

Motion/Second: Warren/Torres
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Torres AYE
Council Member Van AYE
Mayor Pro Tem Warren AYE
Mayor Shawver AYE
Motion unanimously carried:

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1. The City Council finds that these items are not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Adopted Resolution No. 2024-20 adopting the City’s Fiscal Year 2024/25 Operating and Capital Budget, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR 2024/25 OPERATING

AND CAPITAL BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO”; and

3. Adopted Resolution No. SHA 2024-01 adopting the Stanton Housing Authority’s Fiscal Year 2024/25 Operating and Capital Budget, entitled:
“A RESOLUTION OF THE STANTON HOUSING AUTHORITY OF THE

CITY OF STANTON, CALIFORNIA, ADOPTING THE FISCAL YEAR
2024/25 OPERATING AND CAPITAL BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS RELATED THERETO”; and

4. Adopted Resolution No. 2024-16 approving the employee benefits and salary rates, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, REGARDING EMPLOYEE BENEFITS AND SALARY
RATES FOR ALL CLASSES OF EMPLOYMENT”; and

5. Adopted Resolution No. 2024-17, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE POSITION CLASSIFICATION
MANUAL”; and

6. Adopted Resolution No. 2024-18, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING AND ADOPTING PERSONNEL RULES FOR
THE ADMINISTRATION OF THE CITY’S PERSONNEL SYSTEM AND

REPEALING ALL OTHER RESOLUTIONS AND MOTIONS
INCONSISTENT HEREWITH”; and

7. Adopted Resolution No. 2024-21 approving the appropriations limit for Fiscal Year 2024/25, entitled:

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“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA ADOPTING ITS ARTICLE XIIIB APPROPRIATION
LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2024/25”; and

8. Adopted Resolution No. 2024-22 approving the City’s Reserve Policy, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, APPROVING THE CITY OF STANTON RESERVE POLICY FOR FISCAL YEAR 2024/25”; and

9. Approved the City’s Investment Policy for Fiscal Year 2024/25; and

10.Waived the competitive bidding requirements for certain commodity purchases (e.g., asphalt, sand, and paint) during Fiscal Year 2024/25; and

11.Authorized the City Manager to execute the First Amendment to the Five-Year Agreement with the County of Orange for the provision of law enforcement services; and

12.Authorized staff to transfer $1,507,796 from the General Fund (#101) to the Public Benefit Fees Fund (#104) in Fiscal Year 2023/24; and

13.Authorized staff to transfer $190,000 from the General Fund (#101) to the Beautification Fees Fund (#105) in Fiscal Year 2023/24; and

14.Authorized staff to transfer $108,000 from the General Fund (#101) to the Neighborhood Preservation Fees Fund (#106) in Fiscal Year 2023/24.

12. NEW BUSINESS None.

13. ORAL COMMUNICATIONS – PUBLIC None.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS

15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS

• Council Member Torres reported on his attendance at the City’s Volunteer Appreciation Picnic event, which was held on June 8, 2024.

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15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
• Council Member Taylor requested to agendize for discussion revisitation/return of the City’s Talk on the Block Community meetings.
• Mayor Pro Tem Warren requested to agendize for discussion revisitation of local preference, in support local Stanton businesses.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION

None.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Chief Steve Dohman provided the City Council with an update on their current operations.

18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:42 p.m.

________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 25, 2024
SUBJECT: PROFESSIONAL SERVICES AGREEMENTS TO PROVIDE ON-CALL

CIVIL ENGINEERING SERVICES
REPORT IN BRIEF:

On March 28, 2024, staff released a Request for Proposals (RFP) soliciting proposals to provide professional, on-call civil engineering services in accordance with the City’s Purchasing and Contracting Guidelines. Staff has pre-qualified five firms and recommends entering into on-call services agreements for a term of three years in the amount of $150,000, annually, with each of the pre-qualified firms. Costs associated with work by these firms will be negotiated on a case-by-case basis and funded by each project’s approved budget.

RECOMMENDED ACTIONS:

BACKGROUND:

The activities and operations of the City regularly require services that must be performed by a California State licensed Civil Engineer. Obtaining civil engineering services for smaller projects that cannot be done in-house has been cumbersome for the City because proposals must be requested and processed for each civil engineering task. These Item: 9D
Click here to return to the agenda.
2 smaller projects include items such as concept level cost estimation, engineering analysis review, and computer mapping. Most firms are reluctant to expend the effort to prepare a proposal for a small project, and it is difficult to get responses in those cases, particularly in the current construction environment. It is an extremely slow process to solicit proposals and engage a contract. The “on-call” process will simplify the process and provide substantial benefits to the City. These benefits include lower costs in solicitation of services, faster overall project design, and the ability to spread the overhead costs of an engineering firm over multiple small projects rather than have those overhead costs impact every project.

The recommended action, to secure five pre-qualified firms to provide as-needed civil engineering services, will limit the overhead associated with each individual engineering task. For each task, staff will select the firm with the skill set and availability best suited to the project. On-call civil engineering services requested in the RFP are described below:

1. Engineering design for City Capital Improvement Projects, and other City projects.

Examples include, but are not limited to:
a. Street rehabilitation project design
b. Sanitary sewer rehabilitation and/or installation (generally following recommendations of the City’s Sewer Master Plan)
c. City park design and upgrade
d. Minor City building facilities improvements
e. Minor grading and drainage for City facilities
f. Preliminary estimates for projects to assist the City in scoping and budgeting

2. Perform computer mapping as directed by the City

3. Prepare concept-level project estimates as directed by the City

4. Perform engineering analysis review as directed by the City

5. Construction support. Examples include, but are not limited to:
a. Bidding support
b. Response to RFIs and technical assistance
c. Submittal reviews

6. All services shall be performed in accordance with applicable local, State, Federal, and City regulations and ordinances, including but not limited to, the Subdivision Map Act and the Professional Engineers Act.

The current Agreements to provide on-call civil engineering services are set to expire on June 30, 2024.
3 ANALYSIS/JUSTIFICATION:

The City issued a RFP for On-Call Civil Engineering Services on March 28, 2024.

Fourteen (14) firms responded with a proposal by April 30, 2024. Staff reviewed the proposals and evaluated them based on the executive summary, proposed approach, identification of any prime or subconsultants, project organization and experience, past performance, and the firm’s local experience. Staff’s evaluation found Harris & Associates, Inc., RAK Development, Inc. DBA Kreuzer Consulting Group, Onward Engineering, Structural Engineering Center, Inc. DBA Professional Engineering Center, and RKA Consulting Group as the most qualified to perform as-needed on-call civil engineering services for the City. Fee schedules were opened after selection to make sure that the fees were reasonable.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action. Costs associated with work by these firms will be negotiated on a case-by-case basis and funded by each project’s approved budget.

ENVIRONMENTAL IMPACT:

The action requested in this report is not categorized as a project, and therefore, categorically exempt under the California Environmental Quality Act.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications were performed through normal agenda process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a high-quality infrastructure.

Prepared by: Han Sol Yoo, Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
4 Attachments:

A. Harris & Associates, Inc. Professional Services Agreement B. RAK Development, Inc. DBA Kreuzer Consulting Group Professional Services Agreement
C. Onward Engineering Professional Services Agreement
D. Structural Engineering Center, Inc. DBA Professional Engineering Center Professional Services Agreement
E. RKA Consulting Group Professional Services Agreement 55414.00000\32996936.2
- 1 -
55414.00000\32996936.2

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

ON-CALL CIVIL ENGINEERING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Harris & Associates, Inc., a Corporation, with its principal place of business at 1401 Willow Pass Road, Suite 500, Concord, CA 94520 (“Consultant”).

City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional On-Call Civil Engineering consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional On-Call Civil Engineering consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the On-Call Civil Engineering Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Attachment: A
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

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

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Elizabeth Reyes.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all 55414.00000\32996936.2
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purposes under this Contract. The City Manager hereby designates the Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder.

Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Elizabeth Reyes, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 55414.00000\32996936.2
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3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
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(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the
following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
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(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 55414.00000\32996936.2
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3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) (“Total Compensation”) for the entire term of the contract and shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) annually without written approval of City’s Director of Public Works. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 55414.00000\32996936.2
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3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

Consultant:

Harris & Associates, Inc.
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Attn: Elizabeth Reyes
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Cesar Rangel, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. 55414.00000\32996936.2
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Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and nonappealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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

3.5.6 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers. 55414.00000\32996936.2
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If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 55414.00000\32996936.2
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3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political 55414.00000\32996936.2
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contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2024.

CITY OF STANTON HARRIS & ASSOCIATES, INC.

By:

Hannah Shin-Heydorn
City Manager
By: _________________________________
Name:__________________
Title: ___________________
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

Name: _________________
Title: ____________________
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
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A-1
EXHIBIT “A”

SCOPE OF SERVICES

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Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680
(714) 379-9222 | StantonCA.gov
Approved for Advertising:
______________________
Public Works Director/City Engineer
[email protected]
(714) 890-4203
Issue Date: Thursday, March 28, 2024
Deadline for Questions: Tuesday, April 16, 2024
Proposal Due Date: Tuesday, April 30, 2024, at 4:00 p.m.

Presentation/Interviews: TBD (as necessary)

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SECTION I. GENERAL DESCRIPTION AND INTRODUCTION………………………………………………3 SECTION II. PROJECT BACKGROUND………………………………………………………………………………………. 3 SECTION III. SCOPE OF SERVICES……………………………………………………………………………………………….. 4 SECTION IV. SUBMISSION REQUIREMENTS……………………………………………………………………………. 5 SECTION V. SELECTION CRITERIA……………………………………………………………………………………………….. 7 SECTION VI. SELECTION PROCESS………………………………………………………………………………………………8 SECTION VII. SUBMISSION DEADLINE………………………………………………………………………………………. 8 SECTION VIII. REQUESTS FOR ADDITIONAL INFORMATION…………………………………………… 9 SECTION IX. TAXES AND LICENSES……………………………………………………………………………………………...10 SECTION X. PAYMENT TO CONSULTANT………………………………………………………………………………….. 10 SECTION XI. INSURANCE…………………………………………………………………………………………………………………. 11 SECTION XII. TERMINATION FOR CONVENIENCE OF THE CITY………………………………………12 SECTION XIII. INDEPENDENT CONTRACTOR…………………………………………………………………………. 12 SECTION XIV. CONTRACT………………………………………………………………………………………………………………… 12 SECTION XV. GENERAL CONDITIONS…………………………………………………………………………………………13 SECTION XVI. PREVAILING WAGE………………………………………………………………………………………………… 13 EXHIBIT A: PROPOSAL ACKNOWLEDGEMENT FORM
EXHIBIT B: SAMPLE PROFESSIONAL SERVICES AGREEMENT

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The City of Stanton (“City”) is requesting proposals from qualified consultants to provide On-Call Civil Engineering Services.

Proposals must conform to the requirements of this Request for Proposal (RFP) and proposals must be submitted in a sealed envelope to the Department of Public Works and Engineering no later than 4:00 p.m. on Tuesday, April 30, 2024. The consultant contract is anticipated to be awarded at a June City Council meeting. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The city alone, using the criteria determined by the city, will select the qualified candidate.

The successful Consultant will be required to enter into an agreement with the city, which will include the requirements of this RFP, as well as other requirements to be specified at a later date. By submitting a proposal, the Consultant agrees to all of the terms of this RFP.

Please direct any questions by the deadline for questions listed on the cover page of this RFP to Han Sol Yoo, Associate Engineer, via email at [email protected].

The City of Stanton is located in western Orange County. It covers an area of

3.15 sq. mi. The city is comprised of residential and commercial properties. The activities and operations of the City regularly require services that must be performed by California State licensed engineers. Some of these services are relatively small in nature, or require a rapid turnaround, rendering the traditional process of “RFP-Proposal-Award” undesirable.

The Firm(s) shall provide professional civil engineering services as needed throughout the life of the project(s) they are selected to perform duties on and potentially provide any or all work listed in the Scope of Services. All work performed shall comply with the approved construction documents, applicable codes and regulations.

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The selected consultant shall conduct all engineering and administrative tasks necessary to complete the project.

Project tasks shall include, but are not necessarily limited to, those items noted below. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal.

1. Engineering Design for City Capital Improvement Projects, and other City projects. Examples include, but are not limited to:
a. Street Rehabilitation Project Design
b. Sanitary Sewer Rehabilitation and/or Installation, generally following recommendations of the City’s Sewer Master Plan and it’s updates. c. City Park Design and Upgrade
d. Minor City Building Facilities Improvements
e. Minor grading and drainage for City Facilities
f. Preliminary estimates for projects to assist the City in scoping and budgeting
g. Storm Drain Rehabilitation and/or Installation, generally following the recommendations of the City’s Storm Drain Master Plan, it’s updates, and the Orange County Hydrology Manual
h. Peer-reviews of reports and studies submitted to the City by other Engineering firms
i. Provide engineering drafting services to the City at a reasonable rate j. Coordination with designs teams including architects, structural engineers, geotechnical engineers, etc.

2. Perform engineering design services, either under the direct supervision of the City Engineer or independently.

3. Perform computer mapping as directed by the City

4. Prepare concept-level project estimates as directed by the City

5. Perform engineering analysis review as directed by the City

6. Construction Support. Examples include, but are not limited to:
a. Bidding Support
b. Response to RFIs and technical assistance
c. Submittal Reviews
d. Construction Management
e. On-site inspections
f. Attendance of meetings with the City, other consultants, and contractors

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7. All services shall be performed in accordance with applicable local, State, Federal, and City regulations and ordinance, including but not limited to, the Subdivision Map Act and the Professional Engineers Act.

COMPENSATION and LENGTH OF AGREEMENT
Firm(s) selected will be offered a NOT-TO-EXCEED contract in the amount of $150,000.00 (One Hundred and Fifty Thousand Dollars and no cents), annually.

The Public Works Department will assign task orders as services are needed that will be subtracted from the overall not-to-exceed amount. The anticipated duration of the agreement will be for three (3) years.

Proposals and all other information and documents submitted in response to this RFP are subject to the California Public Records Act, which generally mandates the disclosure of documents in the possession of the City upon the request of any person, unless the content of the document falls within a specific exemption category.

Three (3) copies of the Proposal must be submitted containing the following elements:
• Proposers must submit three (3) bound copies of their proposal to the City for review.
• 8‐1/2" x 11" sheet sizes should be used for the text, with 11" x 17" sheet sizes for any fold‐out drawings.
• The proposal shall be limited to twenty-five (25) double-sided pages.

Resumes for proposed personnel, tabs, and cover/back pages will not be counted towards the page limit.
• Proposals should be as concise as possible and specific to this project.

LETTER OF TRANSMITTAL
A Letter of Transmittal shall be addressed to Han Sol Yoo, Associate Engineer, and, at a minimum, must contain the following information:
• Identification of the proposing Consultant who will have contractual responsibility with the City. Identification shall include the legal name of the company, corporate address, telephone number, and email address of the contact person identified during the period of proposal evaluation.

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• A statement representing that the Consultant has thoroughly examined and become familiar with the work required in this RFP and is capable of performing quality work to achieve the objectives of the City. • Acknowledgement of receipt of all addenda, if any.
• A statement to the effect that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. • Signature of the official authorized to bind Consultant to the terms of the proposal.
• Signed statement attesting that all information submitted with the proposal is true and correct.

WRITTEN PROPOSAL
The Proposal shall consist of the following sections:

1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.

2. Firm Structure and History. Including the firm’s experience managing projects similar in magnitude and scope, key personnel and structure (organization chart), credentials, background, and ownership of the firm.

3. Key personnel. List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm’s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed to the project. The City must approve changes to key personnel committed to work on the project subsequent to award of contract. Resumes must be submitted for key personnel who will be assigned to this project.

4. A narrative briefly describing the proposed approach using general descriptions for the activities.

5. A list of proposed sub-consultants, sub-contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.

6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel-contacts and their position with the agency.

7. A Fee Schedule of the Consultant’s Hourly / Standard Rates.

8. Evidence of compliance with City insurance requirements.

9. Exceptions and Deviations. Contractor shall state any exceptions or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where the Consultant wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these shall be thoroughly explained. If no

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contractual exceptions are noted, Consultant will be deemed to have no objection to the contract requirements as set forth in EXHIBIT B, “Sample Professional Services Agreement.”

10. Proposal Acknowledgement Form. Contractor shall complete and submit EXHIBIT A, “Proposal Acknowledgement Form.” Failure to submit this signed form will result in the disqualification of the Consultant’s proposal.

Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:

Criteria Approximate
Weight
Staffing Capabilities / Technical Competence. Candidates shall have knowledge of the principles and practices of geotechnical engineering. Available resources to perform the requested services, as well as an understanding of the
practices, applicable laws and state permits; codes and standards applicable to public works construction.
20%
Approach to Work. Methodology to be implemented to
address and coordinate the various elements within the
program.
30%
Past Performance Record. Experience in completion of
services of similar complexity and scale for other agencies within Southern California is desirable. Efficiency and timeliness in completion of program requirements.
35%
Cost. Reasonableness of the firm’s fixed price and or hourly rates, and competitiveness of quoted firm-fixed prices with other proposals received.
10%
Exceptions and deviations from the City’s standard
Professional Services Agreement. 5%
Per California law, the procurement of Professional Services must be selected on the basis of qualifications, or Qualifications Based Selection (QBS) in accordance with Public Law 92-582. The procurement of Professional Services can be one-time or multi-year. Professional services contracts have provisions for specific terms, compensation amounts, and scopes of services.

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The City reserves the right to require in-person interviews with Contractors, if deemed necessary, after the evaluation of the written proposals. In this case, the Consultants of the three (3) highest-scoring written proposals will be invited to interviews prior to final selection of the Consultant.

Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The city may reject any proposal if it is conditional, incomplete, or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the Consultant from compliance with the contract requirements if the Consultant is awarded the contract.

The successful Consultant to whom work is awarded shall, within ten (10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within the ten (10)-day window shall be just cause for the City to contract with the next responsible Consultant.

In order to be considered, the Consultant must submit three (3) copies of the Service Proposal to the following office:

City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680-3162
Attention: Han Sol Yoo
The proposal outer envelope shall be labeled:

PROPOSAL FOR ON-CALL CIVIL ENGINEERING SERVICES
The proposal must be received at the office listed above no later than the date and time listed on the cover.

There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request.

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Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected.

Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm.

All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.

All questions and/or inquiries regarding this RFP shall be directed to:

Han Sol Yoo
Associate Engineer
City of Stanton
7800 Katella Avenue
Stanton, CA 90680-3162
(714) 890-4204
Email: [email protected]
All questions and/or inquiries shall be submitted by Tuesday, April 16, 2024 Consultants are responsible to verify receipt of any addenda issued. We are aware some of our e-mails go to “junk”. If you do not receive any addenda by Thursday, April 18, 2024, please verify any addenda was issued by contacting Han Sol Yoo by e-mail or telephone. Confirmation of receipt of all addenda is part of the Proposal Acknowledgement Form (EXHIBIT A).

All taxes and licenses, including, but not limited to, a Stanton City Business License and appropriate Contractor’s license, required for this work shall be obtained at the sole expense of the Contractor.

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This work is to be performed for a “Not-to-Exceed Fixed Fee.” The Consultant shall provide a “Payment Schedule” indicating the fee for individual tasks with a “Not-to-Exceed Fixed Fee” which shall be the sum of all tasks.

Tasks shall include, but not be limited to, all Professional Consultant Services necessary to complete the work covered by this Proposal.

The City will pay the Consultant for work completed as identified in the Payment Schedule.

Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title, personhours, and costs incurred by each task.

Sub-categorization of task is permitted to better define the task for payment.

Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the “Not-to-Exceed Fixed Fee.” All tasks including labor and reimbursable costs such as mileage, printing, telephone, photographs, postage, and delivery shall be supporting documentation presented at the time payment is requested.

The City will pay the Consultant for all acceptable services rendered in accordance with the “Agreement for Professional Consultant Services.”

When the Consultant is performing, or is requested to perform, work beyond the scope of service in the “Agreement for Professional Consultant Services,” an amendment to the agreement will be executed between the City and Consultant.

Payment will be based on hourly rate for work completed associated with each applicable task as identified in the consultant’s proposal.

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A. The Consultant shall have Commercial General Liability insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits.

B. The Contractor shall have Automobile Insurance for owned and nonowned automotive equipment in the amount of not less than $1,000,000.

C. The selected firm shall furnish the City a certificate evidencing Workmen’s Compensation Insurance with limits of no less than $1,000,000 per accident and Comprehensive Professional Liability with limits no less than $2.000,000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.

D. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
“Solely as respect to services done by or on behalf of the named insured for the City of Stanton, it is agreed that the City of Stanton, the Successor Agency of the City of Stanton, its officers, employees, and agents are all included as additional insured under this general liability policy, and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Stanton, its officers and employees, and its agents, under any third-party liability policy.”
E. It is the Consultant’s responsibility to ensure that all sub-consultants comply with the following:

Each sub-consultant that encroaches within the City’s right-ofway and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City.

Examples of such sub-consultant work include soil sample borings, utility potholing, etc.

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The City reserves the right to terminate the “Professional Services Agreement” for the “convenience of the City” at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes, and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement.

The Contractor’s relationship to the City in the performance of the Contractor’s services for this project is that of an independent contractor. The personnel performing said services shall at all times be under the Contractor’s exclusive direction and control and shall be employees of the Contractor, not employees of the City. The Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of said work, and shall be responsible for all employee reports and obligations, including, but not limited to, Social Security, income tax withholding, unemployment compensation, and Workers’ Compensation.

The Contract includes the Professional Services Agreement, the City’s RFP, the Contractor’s Proposal, and Exhibits.

The Political Reform Act and the City’s Conflict of Interest Code require that consultants be considered as potential filers of Statements of Economic Interest. Consultants, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within thirty (30) days of signing a Consultant Agreement with the City, on an annual basis thereafter while the contract remains in effect, and within thirty (30) days of completion of the contract.

Pre-contractual expenses are defined as expenses incurred by the Consultant in: (1) preparing the proposal; (2) submitting the proposal to the City; (3) presenting during the selection interview; (4) negotiating with the City on any matter related to the proposal; (5) any other expenses incurred by the

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Consultant prior to an executed Agreement, and (6) attendance of City Council for Award of Contract.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Contractor. Services shall not commence until the Agreement for Professional Contractor Services has been executed by the City.

The Contractor is responsible for notifying Underground Service Alert and providing proper traffic control, at no additional expense to the City.

The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection(s). Any contract awarded for these Contractor engagements will be made to the Contractor who, in the opinion of the City, is best qualified.

Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a “Public Works” project require payment of prevailing wages including but not limited to, testing, potholing and non-design work. 55414.00000\32996936.2
C-1
EXHIBIT “B”

COMPENSATION

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CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

ON-CALL CIVIL ENGINEERING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and RAK Development Inc. DBA Kreuzer Consulting Group, a Corporation, with its principal place of business at 18872 MacArthur Boulevard, Suite 210, Irvine, CA 92612 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such services for the On-Call Civil Engineering Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

Attachment: B
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

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

Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Rick Kreuzer, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees,agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 55414.00000\32996936.2
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3.2.10 Insurance.

Defense costs shall be paid in addition to the limits.

3.3 Fees and Payments.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

Consultant:

RAK Development Inc. dba Kreuzer Consulting Group
18872 MacArthur Boulevard, Suite 210
Irvine, CA 92612
Attn: Rick Kreuzer
City:

3.5.3 Ownership of Materials and Confidentiality.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

3.5.6 Indemnification.

The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

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

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

3.20 Subcontracting.

CITY OF STANTON RAK DEVELOPMENT INC. DBA

KREUZER CONSULTING GROUP
By:

Hannah Shin-Heydorn
City Manager
By: _________________________________
Name:__________________
Title: ___________________
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

Name: _________________
Title: ____________________
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
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A-1
EXHIBIT “A”

SCOPE OF SERVICES

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Presentation/Interviews: TBD (as necessary)

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The City of Stanton (“City”) is requesting proposals from qualified consultants to provide On-Call Civil Engineering Services.

Please direct any questions by the deadline for questions listed on the cover page of this RFP to Han Sol Yoo, Associate Engineer, via email at [email protected].

The City of Stanton is located in western Orange County. It covers an area of

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The selected consultant shall conduct all engineering and administrative tasks necessary to complete the project.

2. Perform engineering design services, either under the direct supervision of the City Engineer or independently.

3. Perform computer mapping as directed by the City

4. Prepare concept-level project estimates as directed by the City

5. Perform engineering analysis review as directed by the City

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COMPENSATION and LENGTH OF AGREEMENT
Firm(s) selected will be offered a NOT-TO-EXCEED contract in the amount of $150,000.00 (One Hundred and Fifty Thousand Dollars and no cents), annually.

Resumes for proposed personnel, tabs, and cover/back pages will not be counted towards the page limit.
• Proposals should be as concise as possible and specific to this project.

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WRITTEN PROPOSAL
The Proposal shall consist of the following sections:

1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.

4. A narrative briefly describing the proposed approach using general descriptions for the activities.

5. A list of proposed sub-consultants, sub-contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.

6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel-contacts and their position with the agency.

7. A Fee Schedule of the Consultant’s Hourly / Standard Rates.

8. Evidence of compliance with City insurance requirements.

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contractual exceptions are noted, Consultant will be deemed to have no objection to the contract requirements as set forth in EXHIBIT B, “Sample Professional Services Agreement.”

Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:

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In order to be considered, the Consultant must submit three (3) copies of the Service Proposal to the following office:

City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680-3162
Attention: Han Sol Yoo
The proposal outer envelope shall be labeled:

PROPOSAL FOR ON-CALL CIVIL ENGINEERING SERVICES
The proposal must be received at the office listed above no later than the date and time listed on the cover.

There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request.

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The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected.

All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.

All questions and/or inquiries regarding this RFP shall be directed to:

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Tasks shall include, but not be limited to, all Professional Consultant Services necessary to complete the work covered by this Proposal.

The City will pay the Consultant for work completed as identified in the Payment Schedule.

Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title, personhours, and costs incurred by each task.

Sub-categorization of task is permitted to better define the task for payment.

The City will pay the Consultant for all acceptable services rendered in accordance with the “Agreement for Professional Consultant Services.”

Payment will be based on hourly rate for work completed associated with each applicable task as identified in the consultant’s proposal.

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B. The Contractor shall have Automobile Insurance for owned and nonowned automotive equipment in the amount of not less than $1,000,000.

Each sub-consultant that encroaches within the City’s right-ofway and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City.

Examples of such sub-consultant work include soil sample borings, utility potholing, etc.

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The Contract includes the Professional Services Agreement, the City’s RFP, the Contractor’s Proposal, and Exhibits.

COMPENSATION

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CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

ON-CALL CIVIL ENGINEERING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Onward Engineering, a Corporation, with its principal place of business at 300 S. Harbor Boulevard, Suite 814, Anaheim, CA 92805 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such services for the On-Call Civil Engineering Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

Attachment: C
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

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

Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Majdi Ataya, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees,agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 55414.00000\32996936.2
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3.2.10 Insurance.

Defense costs shall be paid in addition to the limits.

3.3 Fees and Payments.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

Consultant:

Onward Engineering
300 S. Harbor Boulevard, Suite 814
Anaheim, CA 92805
Attn: Majdi Ataya
City:

3.5.3 Ownership of Materials and Confidentiality.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

3.5.6 Indemnification.

The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

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

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

3.20 Subcontracting.

CITY OF STANTON ONWARD ENGINEERING
By:

Hannah Shin-Heydorn
City Manager
By: _________________________________
Name:

Title:

ATTEST:

By:

Patricia Vazquez
City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\32996936.2
A-1
EXHIBIT “A”

SCOPE OF SERVICES

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Presentation/Interviews: TBD (as necessary)

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The City of Stanton (“City”) is requesting proposals from qualified consultants to provide On-Call Civil Engineering Services.

Please direct any questions by the deadline for questions listed on the cover page of this RFP to Han Sol Yoo, Associate Engineer, via email at [email protected].

The City of Stanton is located in western Orange County. It covers an area of

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The selected consultant shall conduct all engineering and administrative tasks necessary to complete the project.

2. Perform engineering design services, either under the direct supervision of the City Engineer or independently.

3. Perform computer mapping as directed by the City

4. Prepare concept-level project estimates as directed by the City

5. Perform engineering analysis review as directed by the City

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COMPENSATION and LENGTH OF AGREEMENT
Firm(s) selected will be offered a NOT-TO-EXCEED contract in the amount of $150,000.00 (One Hundred and Fifty Thousand Dollars and no cents), annually.

Resumes for proposed personnel, tabs, and cover/back pages will not be counted towards the page limit.
• Proposals should be as concise as possible and specific to this project.

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WRITTEN PROPOSAL
The Proposal shall consist of the following sections:

1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.

4. A narrative briefly describing the proposed approach using general descriptions for the activities.

5. A list of proposed sub-consultants, sub-contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.

6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel-contacts and their position with the agency.

7. A Fee Schedule of the Consultant’s Hourly / Standard Rates.

8. Evidence of compliance with City insurance requirements.

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contractual exceptions are noted, Consultant will be deemed to have no objection to the contract requirements as set forth in EXHIBIT B, “Sample Professional Services Agreement.”

Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:

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In order to be considered, the Consultant must submit three (3) copies of the Service Proposal to the following office:

City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680-3162
Attention: Han Sol Yoo
The proposal outer envelope shall be labeled:

PROPOSAL FOR ON-CALL CIVIL ENGINEERING SERVICES
The proposal must be received at the office listed above no later than the date and time listed on the cover.

There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request.

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The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected.

All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.

All questions and/or inquiries regarding this RFP shall be directed to:

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Tasks shall include, but not be limited to, all Professional Consultant Services necessary to complete the work covered by this Proposal.

The City will pay the Consultant for work completed as identified in the Payment Schedule.

Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title, personhours, and costs incurred by each task.

Sub-categorization of task is permitted to better define the task for payment.

The City will pay the Consultant for all acceptable services rendered in accordance with the “Agreement for Professional Consultant Services.”

Payment will be based on hourly rate for work completed associated with each applicable task as identified in the consultant’s proposal.

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B. The Contractor shall have Automobile Insurance for owned and nonowned automotive equipment in the amount of not less than $1,000,000.

Each sub-consultant that encroaches within the City’s right-ofway and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City.

Examples of such sub-consultant work include soil sample borings, utility potholing, etc.

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The Contract includes the Professional Services Agreement, the City’s RFP, the Contractor’s Proposal, and Exhibits.

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Consultant prior to an executed Agreement, and (6) attendance of City Council for Award of Contract.

The Contractor is responsible for notifying Underground Service Alert and providing proper traffic control, at no additional expense to the City.

COMPENSATION

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CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

ON-CALL CIVIL ENGINEERING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Structural Engineering Center, Inc. dba Professional Engineering Center, a Corporation, with its principal place of business at 335 N. Puente Street, Suite G, Brea, CA 92821 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such services for the On-Call Civil Engineering Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

Attachment: D
Click here to return to the agenda.
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

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

Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Nagi AboShadi, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.10 Insurance.

Defense costs shall be paid in addition to the limits.

3.3 Fees and Payments.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

Consultant:

Structural Engineering Center, Inc. DBA Professional Engineering Center
335 N. Puente Street, Suite G
Brea, CA 92821
Attn: Nagi Abo-Shadi
City:

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in 55414.00000\32996936.2
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55414.00000\32996936.2
connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.

3.5.6 Indemnification.

The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

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

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

3.20 Subcontracting.

CITY OF STANTON STRUCTURAL ENGINEERING CENTER,
INC. DBA PROFESSIONAL
By:

Hannah Shin-Heydorn
City Manager
By: _________________________________
Name: _________________________
Title: __________________________
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\32996936.2
A-1
EXHIBIT “A”

SCOPE OF SERVICES

Page 1 of 31 ends

Presentation/Interviews: TBD (as necessary)

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The City of Stanton (“City”) is requesting proposals from qualified consultants to provide On-Call Civil Engineering Services.

Please direct any questions by the deadline for questions listed on the cover page of this RFP to Han Sol Yoo, Associate Engineer, via email at [email protected].

The City of Stanton is located in western Orange County. It covers an area of

Page 4 of 31 ends

The selected consultant shall conduct all engineering and administrative tasks necessary to complete the project.

2. Perform engineering design services, either under the direct supervision of the City Engineer or independently.

3. Perform computer mapping as directed by the City

4. Prepare concept-level project estimates as directed by the City

5. Perform engineering analysis review as directed by the City

Page 5 of 31 ends

Stanton City CouncilJune 25, 2024

Stanton City Council
June 25, 2024