Agenda — Stanton City Council, September 9, 2025 (part 1 of 2)

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / 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 / Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on September 9, 2025, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680 (Council Chambers).

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

Dated: September 4, 2025
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: 844 0524 0256) 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/84405240256?pwd=93XKKcpyrG0MUtG3tbMWnk6nkfajBC.1

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].

NOTICE AND CALL

CITY COUNCIL

SUCCESSOR AGENCY

HOUSING AUTHORITY

SPECIAL MEETING
Stanton City Council Agenda Prepared by the Office of the City Clerk September 9, 2025

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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: 844 0524 0256) 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/84405240256?pwd=93XKKcpyrG0MUtG3tbMWnk6nkfajBC.1

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].

AGENDA

SPECIAL & JOINT REGULAR MEETING

CITY COUNCIL

SUCCESSOR AGENCY

HOUSING AUTHORITY
TUESDAY, SEPTEMBER 9, 2025
CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
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.

Stanton City Council Agenda Prepared by the Office of the City Clerk September 9, 2025

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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.

The City Council is required to comply with the Levine Act (Government Code § 84308). The purpose of the Levine Act is to prevent public officials from being influenced by campaign contributions from parties and other financially interested persons appearing before them and to prevent officials from using their position of authority to unduly influence applicants to make contributions to campaigns. The Levine Act only applies to certain matters brought to the City Council, including permits, licenses, some contracts, and other entitlements for use. While these matters are pending and for 12 months after a decision has been made, a Council Member may not accept, solicit, or direct campaign contributions of more than $500 from parties/participants who have a financial interest in the proceedings, or their respective agents. In addition, a Council Member who has received such a contribution may be required to disclose the contribution and recuse themselves from consideration of an agenda item. This summary of the Levine Act does not constitute legal advice. Council members who need to recuse themselves from an agenda item may provide notice at any time during the Council meeting before consideration of the item. Under certain circumstances, contributions may be returned by the public official in order to participate in a decision or otherwise cure a potential violation.

1. CLOSED SESSION(5:30 PM)

2. ROLL CALL Council / Agency / Authority Member Barrios Council / Agency / Authority Member Taylor
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Torres
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. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of Potential Cases: 1

5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)
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6. ROLL CALL Council / Agency / Authority Member Barrios Council / Agency / Authority Member Taylor
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Torres
Mayor / Chairman Shawver

7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation honoring Mr. Frank Miser on attaining the distinction of reaching his 100th birthday.

B. Orange County Fire Authority (OCFA) quarterly report and update.

C. Presentation of proclamation declaring the month of September 2025 as Hunger Action Month in the City of Stanton.

D. Townsend Public Affairs State and Federal Legislative report and update.

E. Update on City’s homeless outreach activities.

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.

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9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated August 9, 2025 – August 22, 2025, in the amount of $938,536.83.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special and Joint Regular Meeting – August 26, 2025.
9D. CITY SPONSORSHIP REQUEST – YOUTH ASSISTANCE FOUNDATION SANTA’S

SIREN EVENT
Per the City’s Sponsorship Program, the Youth Assistance Foundation is requesting cosponsorship of the Santa’s Siren event held throughout the City. The sponsorship request is for in-kind consideration valued at $499.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determine the status of the Youth Assistance Foundation’s sponsorship request for a total in-kind value of $499.
9E. CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES FOOD DRIVE Per the City’s Sponsorship Program, Friends of Families is requesting co-sponsorship of their Food Drive at Stanton Park planned monthly from October – December 2025. The sponsorship request is for in-kind consideration valued at $681.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determine the status of the Friends of Families sponsorship request for a total in-kind value of $681.

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9F. AWARD OF CONSTRUCTION CONTRACT FOR THE WESTERN STORM CHANNEL GRATE REPLACEMENT PROJECT (TASK CODE NO. 2026-401)
In 2024, City staff applied for competitive grant funding from the Measure M2 Environmental Cleanup Program administered by the Orange County Transportation Authority (OCTA) to purchase and replace the existing grate at the storm channel on Western Avenue at 10660 Western Avenue. The OCTA Environmental Cleanup Program Allocation Committee awarded the requested grant funding in the amount of $20,240 to the City for the grate, and as such, the City must now proceed with the installation.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as minor alteration of existing public utility; and

2. Accept the Measure M2 Environmental Cleanup Program grant funding in the maximum amount of $20,240; and

3. Waive the competitive bidding requirement in the City’s purchasing policy through the use of Cooperative Purchasing; and

4. Award a construction contract to G2 Construction in the amount of $28,395; and

5. Authorize the City Manager to make minor changes, if needed, to the City’s construction contract documents with approval of the City Attorney; and

6. Authorize the City Manager to bind the City of Stanton and G2 Construction, Inc. in a contract; and

7. Authorize the City Manager to approve contract change orders with G2 Construction, Inc., as needed and determined by City staff, up to $2,839. 9G. ACCEPTANCE OF THE FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT (TASK CODE NO. 2025-107) BY THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA
The FY 2023/24 Citywide Alley Resurfacing Project consisting of demolition and removals, clearing and grubbing, grading and earthwork, concrete work (ramps and sidewalks), asphalt pavement, signing and striping, and all appurtenant work for various alleys throughout the City of Stanton is now complete. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of September 2, 2025, and recommends that the City Council accept the completed work performed on this project.

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RECOMMENDED ACTION:

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

2. Accept the completion of improvements for the FY 2023/24 Citywide Alley Resurfacing Project, as certified by the City Engineer, and affix the date of September 9, 2025, as the date of completion of all work on this project; and

3. Approve the final construction contract amount of $661,250.00 with Sequel Contractors, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Sequel Contractors, Inc. in the amount of $33,062.50.
9H. APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR TOWING SERVICES Requested is the authorization to allow the City Manager to approve the second amendment to the Agreement for General Services – Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing to extend the term of the Agreement to September 30, 2026. Action Southland Towing currently provides towing services for the City and the Orange County Sheriff’s Department.

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. Approve the Second Amendment to the existing Agreement for General Services - Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing; and

3. Authorize the City Manager to bind the City of Stanton and Action Southland Enterprises, Inc., DBA Action Southland Towing in a contract to provide towing services to the City of Stanton for a term extension from September 30, 2025 to September 30, 2026.

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9I. CONSIDERATION OF AN ORDINANCE TO ADOPT THE 2025 CALIFORNIA

BUILDING STANDARDS CODE
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Residential, Energy, Green Building Standards, Plumbing, Mechanical, Electrical, Fire, Wildland-Urban Interface, Existing Building, Historical, Administrative, Referenced Standards Codes, the International Property Maintenance Code, and the International Swimming Pool and Spa Code. If City Council approves the attached ordinance, the most recent editions of the California construction codes with the applicable amendments will become effective January 1, 2026 as required by State law.

RECOMMENDED ACTION:

1. City Council declare that the project is not subject to CEQA in accordance with Sections 15378 and 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. Where it 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. Introduce for first reading Ordinance No. 1164, in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 25-02, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING DIVISION I OF TITLE 16 AND CHAPTER 17.08 OF TITLE 17 OF THE STANTON MUNICIPAL CODE PERTAINING TO THE ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA

BUILDING STANDARDS CODE, CONSISTING OF THE CALIFORNIA

BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE

CALIFORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL

CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA FIRE

CODE, THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, THE

CALIFORNIA ADMINISTRATIVE CODE, THE CALIFORNIA EXISTING

BUILDING CODE, THE CALIFORNIA ENERGY CODE, THE

CALIFORNIA HISTORICAL BUILDING CODE, AND THE CALIFORNIA REFERENCED STANDARDS CODE; AND THE INTERNATIONAL
SWIMMING POOL AND SPA CODE; AND THE INTERNATIONAL

PROPERTY MAINTENANCE CODE, WITH AMENDMENTS THERETO,
AND MAKING FINDINGS IN SUPPORT THEREOF; and

3. Set said Ordinance No. 1164 for public hearing and second reading at the regular City Council meeting of September 23, 2025.

END OF CONSENT CALENDAR
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10. PUBLIC HEARINGS
10A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

ADOPTING AND INCORPORATING A COMMERCIAL CANNABIS BUSINESS ASSIGNMENT FEE OF $22,566.98 INTO THE CITY OF STANTON MASTER FEE

SCHEDULE
The City requires commercial cannabis businesses operating in the City to obtain a Commercial Cannabis Business Permit pursuant to Stanton Municipal Code (“SMC”) Chapter 5.77. Under SMC Section 5.77.150, existing commercial cannabis businesses may transfer or assign their business permit under certain circumstances with City approval. Per the SMC, staff is recommending that the City Council approve Resolution No. 2025-33, which establishes a new Commercial Cannabis Business Assignment Fee of $22,566.98 to defray the City’s cost to process and review cannabis business permit assignment applications. The Resolution also includes a provision to update the fee annually, each July 1, beginning on July 1, 2026, based on the Consumer Price Index.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality At (“CEQA”) pursuant to State CEQA Guidelines section 15060(c)(2)-(3) (no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment, and the activity is not a project as defined by CEQA); and

2. Adopt Resolution No. 2025-33, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, ADOPTING AND INCORPORATING A COMMERCIAL
CANNABIS BUSINESS ASSIGNMENT FEE OF $22,566.98 INTO THE CITY OF STANTON MASTER FEE SCHEDULE”.

11. UNFINISHED BUSINESS None.

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12. NEW BUSINESS
12A. 2025 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE APPOINTMENT OF

VOTING DELEGATE AND VOTING DELEGATE ALTERNATE
The League of California Cities (Cal Cities) Annual Conference and Expo is scheduled for October 8 – 10, 2025 in Long Beach, California. The League's Annual Business Meeting is scheduled to be held on October 10, 2025. At this meeting, the League membership considers and takes action on proposed bylaws and resolutions that establish League policy. In order to vote at the Annual Conference/Annual Business Meeting, the City Council must designate a voting delegate and/or voting delegate alternate whom will determine the City’s position on each proposed bylaw and/or resolutions so that the voting delegate can represent the City’s position.

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. Per the City Council approved Mayor’s Appointments of Council Members as Representatives to Various Agencies listing, designate Mayor David J. Shawver as the voting delegate and select either Mayor Pro Tem Donald Torres, Council Member Victor Barrios, or Council Member John D. Warren, all of whom will be attending the conference, as the voting delegate alternate to serve as the City’s representatives at the 2025 League of California Cities Annual Conference and Expo in Long Beach, California; and

3. Direct the voting delegate and voting delegate alternate to review and determine the City’s position on each proposed bylaw amendment and/or proposed petitioned resolutions, so that the voting delegates can represent the City’s position at the 2025 Annual League of California Cities Business meeting.

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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 RENTER’S RIGHTS At the August 12, 2025, City Council meeting, Mayor Pro Tem Torres requested that this item be agendized for discussion. Mayor Pro Tem Torres is requesting to discuss renter’s rights within the City to promote renter’s well-being.

RECOMMENDED ACTION:

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

CONTRACT SECURITY GUARD SERVICES
At the August 26, 2025, City Council meeting, Council Member Barrios requested that this item be agendized for discussion. Council Member Barrios is requesting to discuss the creation of a Request for Proposal (RFP) for temporary contract security guard services to patrol City parks, facilities, streets, and rights-of-way.

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 FIRE AUTHORITY
At this time the Orange County Fire Authority 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 4th day of September, 2025. s/ Patricia A. Vazquez, City Clerk/Secretary
August 9, 2025 - August 22, 2025
Payments to Vendors:

Electronic Draft Payments ACH (A) 288,564.04
Bank Drafts Payments 25,790.57
Check Payments 139498-139543 (D) 468,584.58
Total Payments to Vendors $ 782,939.19
Direct Deposit Payments (B):

Payroll dated August 14, 2025 155,597.64
TOTAL PAYMENTS $ 938,536.83
Notes:

A ACHs are electronic payments processed via a file exported from the City's Finance system and uploaded to the City's bank account. The City's Finance system designates these payment transactions as "ACH". A specific transaction number is not assigned.

B Represents the total net payroll paid through direct deposit on pay date.

C ACH - auto-drafts are auto-payments scheduled by the vendor as a monthly draft from the City's bank account mainly setup for utility payments. A specific transaction number is not assigned D Checks 139454-139497 were destroyed
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Sharon del Rosario

CITY OF STANTON

WARRANT REGISTER
ACH - auto drafts ©
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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Special and Joint Regular Meeting – August 26, 2025 - Page 1 of 9

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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON MEETING AUGUST 26, 2025

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:30 PM)

JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:32 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

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

Absent: None.

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 5:33 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

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

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:31 p.m.

Item: 9C
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6. ROLL CALL

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

Absent: None.

Excused: None.

The City Attorney / Agency Counsel reported that the City Council / Successor Agency / Housing Authority met in closed session from 5:32 to 6:31 p.m.

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

7. PLEDGE OF ALLEGIANCE
Led by Ms. Jenny Lacayo.

8. SPECIAL PRESENTATIONS AND AWARDS
Mayor Shawver and Members of the City Council presented a commendation certificate to Ms. Jenny Lacayo recognizing and honoring Ms. Lacayo for her dedicated service and invaluable contributions to the Stanton Community.

9. CONSENT CALENDAR
Motion/Second: Taylor/Barrios
Motion carried by the following vote:

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

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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 July 25, 2025 – August 8, 2025, in the amount of $3,341,273.23.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – August 12, 2025.
9D. AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF CITYWIDE SIGN REPLACEMENT PROJECT (PHASE 2) (TASK CODE NO. 2022-102)
The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 2) are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

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. Approved the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and

3. Authorized and advertised for bids the Citywide Sign Replacement Project (Phase 2).

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9E. AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF STANTON CENTRAL PARK TENNIS COURTS RENOVATION PROJECT (TASK CODE NO. 2025-202) The plans, specifications, and necessary documents for the Stanton Central Park Tennis Courts Renovation Project are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

1. The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(a) as operation, repair, and minor interior or exterior alterations of existing public facilities; and

2. Approved the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and

3. Authorized and advertised for bids the Stanton Central Park Tennis Courts Renovation Project.
9F. AWARD OF CONSTRUCTION CONTRACT FOR THE FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT (TASK CODE NO. 2026-103)
Nine bids for the FY 25/26 Citywide Sidewalk Repair Project were opened on August 11, 2025. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by CJ Concrete Construction, Inc. to be the lowest responsible and responsive bid at $49,635.00 At this time, staff is recommending awarding the construction contract to CJ Concrete Construction, Inc.

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

2. Awarded a construction contract for the FY 25/26 Citywide Sidewalk Repair Project for the bid amount of $49,635.00 and rejected all other bids; and

3. Authorized the City Manager to bind the City of Stanton and CJ Concrete Construction, Inc. in a contract for the construction; and

4. Authorized the City Manager to approve contract changes orders, not to exceed $15,000.

DRAFT
Special and Joint Regular Meeting – August 26, 2025 - Page 5 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
9G. AWARD OF CONSTRUCTION CONTRACT FOR THE HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM REPLACEMENT – PHASE 1 Three (3) bids for the HVAC System Replacement – Phase 1 Project were opened on August 4, 2025. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by AC Pros, Inc. to be the lowest responsible and responsive bid. The bid documents included a Base Bid Schedule for the replacement of three (3) HVAC units and an Alternate Bid Schedule for the potential replacement of up to five (5) additional units. Considering available funding, staff recommends awarding the contract to AC Pros, Inc. for the Base Bid plus two (2) alternate units, for a total contract amount of $484,000.00.

1. The City Council declared that this project is categorically exempt under 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 HVAC System Replacement – Phase 1 Project to AC Pros, Inc. for the bid amount of $484,000.00 and rejected all other bids; and

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

4. Authorized the City Manager to approve contract change orders, not to exceed $48,400.
9H. CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY HOMELESSNESS CRISIS
At its meeting of November 26, 2024, the City Council adopted a resolution proclaiming the existence of a local emergency. Based on the continuing impacts of homelessness on public health and safety within the City of Stanton, the City Council’s proclamation of the existence of a local emergency will continue until further notice.

1. The City Council declared that the proposed actions are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because they do not qualify as a “project” under CEQA Receive and file; and

2. Received and filed the report.

DRAFT
Special and Joint Regular Meeting – August 26, 2025 - Page 6 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
9I. AWARD OF CONSTRUCTION CONTRACT FOR THE STREETLIGHT

UPGRADES PROJECT
On April 25, 2024, staff applied and successfully secured funding from the Energy Efficiency and Conservation Block Grant (EECBG) Program in the amount of $76,230.00 for street lighting upgrades. A total of three (3) quotes were received to furnish and install fifty-four (54) streetlight fixtures at various locations. Staff recommends a construction contract be awarded to Yunex, LLC, in the amount of $72,295.00.

2. Awarded a construction contract for the Streetlight Upgrades Project to Yunex, LLC, for the amount of $72,295; and

3. Authorized the City Manager to bind the City of Stanton and Yunex, LLC in a contract for the construction; and

4. Authorized the City Manager to approve contract changes orders, not to exceed $3,935; and

5. Appropriated a total of $76,230 from the Lighting Maintenance 1919 Act Fund (#224) and increased grant revenues in the same amount being appropriated; and

6. Accepted the Efficiency and Conservation Block Grant (EECBG) Program in the amount of $76,230; and

7. Authorized the City Manager to amend the adopted FY 25/26 Capital Improvement Program to include the Streetlight Upgrades Project.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS
12A. REVIEW OF EXISTING MUNICIPAL CODE REGULATIONS RELATED TO

FENCING, WALLS, AND HEDGES IN COMMERCIAL ZONES
DRAFT
Special and Joint Regular Meeting – August 26, 2025 - Page 7 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
At the January 14, 2025 City Council meeting, Council Member Barrios requested to agendize an item related to fencing regulations throughout commercial areas in the City. At its meeting of January 28, 2025, the City Council received consensus and directed staff to review the existing regulations and prepare a staff report. The Council expressed particular concern regarding fencing that would assist commercial property owners in securing their properties. Staff reviewed Stanton Municipal Code Chapter 20.310 Fences, Walls, and Hedges, and prepared a summary of existing fence regulations for Council review. This report also includes additional information regarding industry standard regulations for commercial fencing as well as potential alternatives and subsequent impacts.

Staff report by Ms. Crystal Landavazo, Community & Economic Development Director.

Motion by Council Member Barrios to move forward with staff’s recommendations including the change from “and” to “or” under the Temporary Security Fencing Requirements (Eligibility).

Substitute motion by Mayor Shawver to allow under Temporary Security Fencing Requirements (Time Period) fencing to remain in place for up to 18 months from date of permit issuance.

Amended motion by Council Member Barrios to move forward with staff’s recommendations including the change from “and” to “or” under the Temporary Security Fencing Requirements (Eligibility) and to allow under Temporary Security Fencing Requirements (Time Period) fencing to remain in place for up to 18 months from date of permit issuance.

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

1. The City Council received the report on existing fence regulations and potential temporary options; and

2. Directed staff to move forward with staff’s recommendations for a temporary option including the change from “and” to “or” under the Temporary Security Fencing Requirements (Eligibility) and to allow under Temporary Security Fencing Requirements (Time Period) fencing to remain in place for up to 18 months from date of permit issuance.

DRAFT
Special and Joint Regular Meeting – August 26, 2025 - Page 8 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

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 Warren reported on his attendance at the Liên Đoàn Hướng Đạo Lạc Việt multi-unit Vietnamese Scouting organization’s Eagle Scout and Gold Award Court of Honor event, which was held on August 16, 2025. • Council Member Barrios reported on his attendance at the Thanh Le Church ribbon cutting ceremony and church dedication event which was held on August 23, 2025.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
Council Member Barrios requested to agendize for discussion the creation of a Request for Proposal (RFP) for temporary contract security guard services to patrol City parks, facilities, streets, and rights-of-way.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING RENTER’S RIGHTS
At the August 12, 2025, City Council meeting, Mayor Pro Tem Torres requested that this item be agendized for discussion. Mayor Pro Tem Torres is requesting to discuss renter’s rights within the City to promote renter’s well-being.

RECOMMENDED ACTION:

City Council provide direction to staff.

Mayor Pro Tem Torres requested to table this item to the next regularly scheduled City Council meeting of September 9, 2025.

DRAFT
Special and Joint Regular Meeting – August 26, 2025 - Page 9 of 9

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
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.

Captain Ryan C. Pierce provided the City Council with an update on their current operations.

18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:50 p.m.
________________________________

MAYOR/CHAIRMAN
ATTEST:
________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 9, 2025
SUBJECT: CITY SPONSORSHIP REQUEST – YOUTH ASSISTANCE FOUNDATION SANTA’S SIREN EVENT
REPORT IN BRIEF:

Per the City’s Sponsorship Program, the Youth Assistance Foundation is requesting cosponsorship of the Santa’s Siren event held throughout the City. The sponsorship request is for in-kind consideration valued at $499.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determine the status of the Youth Assistance Foundation’s sponsorship request for a total in-kind value of $499.

BACKGROUND:

At its meeting on August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.

The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.

Item: 9D
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2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact on City resources. Council also outlined that if sponsorships are in-kind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.

ANALYSIS/JUSTIFICATION:

The Youth Assistance Foundation submitted a request for sponsorship soliciting support for the annual Santa’s Siren giveaway event scheduled for December 21, 2025, from 9 am to 5 pm. Requested items include:

1. Equipment: Truck, City Van, 2 tables, 2 chairs, 2 canopies and 20 delineators.

2. Staff: 4 recreation leaders; 2 staff to assist in the morning from 8 am - 1 pm, and two staff to assist from 1 - 6 pm. Staff is requested to drive the truck to transport equipment to each location and drive the van to transport volunteers to each location.

3. Approval to use the City name and logo in marketing materials for this event.

4. No Parking Signs (2) for each of the 5 neighborhoods, displayed 48 hours in advance of the event.

5. Support from the Sheriff’s department for two reserve officers to attend the event to promote community policing.

6. Support from OCFA for the firetruck to transport Santa, with the understanding that a call for service may occur.

The total in-kind value of equipment and staff use is outlined below:

Part-time staff members (2) $40/hr,5 hours total $400
Traffic Cones $40 (flat rate) $40
Truck (Gas) .625/mile (15 total) $9.38
Van (Gas) .625/mile (15 total) $9.38
Tables, Chairs, Canopies, Parking Signs $40 (flat rate) $40 TOTAL $499
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.

FISCAL IMPACT:

Fiscal impact includes an in-kind value of $499 to support the event with requested City resources. The Fiscal Year 2025-26 Adopted Operating Budget includes funds in the Community Services Department to cover the part-time staff member costs. This is the second sponsorship request reviewed by the Council this fiscal year. 3 ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

None.

STRATEGIC GOAL:

Goal 5. Maintain and promote a responsive, high-quality, and transparent government.

Prepared by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 9, 2025
SUBJECT: CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES FOOD DRIVE
REPORT IN BRIEF:

Per the City’s Sponsorship Program, Friends of Families is requesting co-sponsorship of their Food Drive at Stanton Park planned monthly from October – December 2025. The sponsorship request is for in-kind consideration valued at $681.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and

2. Determine the status of the Friends of Families sponsorship request for a total in-kind value of $681.

BACKGROUND:

Item: 9E
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2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact on City resources. Council also outlined that if sponsorships are in-kind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.

ANALYSIS/JUSTIFICATION:

Friends of Families submitted a request for sponsorship soliciting support for their monthly food drive scheduled for October 18, 2025, November 15, 2025, and December 20, 2025.

The request solicits access to traffic control equipment (traffic cones) and waiver of a special event permit fee for three monthly food drives.

The total in-kind value of equipment and staff use is outlined below:

Traffic Cones $40 (flat rate)
Special Event Permit Fee $187
TOTAL FOR 3 EVENTS $681
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.

FISCAL IMPACT:

Fiscal impact includes an in-kind value of $681 to support the event with requested City resources. This is the third sponsorship request reviewed by the Council this fiscal year.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.
3 PUBLIC NOTIFICATION:

None.

STRATEGIC GOAL:

N/A
Prepared by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

A. Drive-Through Food And Diaper Distribution Flyer
Drive-Through Food and Diaper Distribution
Saturday, October 18th From 10:00 a.m. - 1:00 p.m.

Stanton Park • 7800 Katella Ave., Stanton 90860
p;-:_
,--CCc_
--- �· �
I Chicken ...... ---�
mm '1'0 SAPE'l'Y -�ONf�EllNS WE
\flU. NO'l' SEUVE 'l'IIOSE WAUUNG
'l'IIUOUGII. 'l'IIE DIS'l'lllHU'l'ION
WIU. HE DllIVE 'l'IIIUUJGII ONI.Y!
Friends of Families
Sponsored by:

City of Stanton
Friends of Families
Community Action Partnership -
Orange County Food Bank
Life Christian Church
"First Come First Served" while supplies last
We reserve the right to ref use service to anyone
� COMMUNITY
ACTION

PARTNERSHIP
Attachment: A
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 9, 2025
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE WESTERN

STORM CHANNEL GRATE REPLACEMENT PROJECT (TASK CODE
NO. 2026-401)
REPORT IN BRIEF:

In 2024, City staff applied for competitive grant funding from the Measure M2 Environmental Cleanup Program administered by the Orange County Transportation Authority (OCTA) to purchase and replace the existing grate at the storm channel on Western Avenue at 10660 Western Avenue. The OCTA Environmental Cleanup Program Allocation Committee awarded the requested grant funding in the amount of $20,240 to the City for the grate, and as such, the City must now proceed with the installation.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as minor alteration of existing public utility; and

2. Accept the Measure M2 Environmental Cleanup Program grant funding in the maximum amount of $20,240; and

3. Waive the competitive bidding requirement in the City’s purchasing policy through the use of Cooperative Purchasing; and

4. Award a construction contract to G2 Construction in the amount of $28,395; and

5. Authorize the City Manager to make minor changes, if needed, to the City’s construction contract documents with approval of the City Attorney; and

6. Authorize the City Manager to bind the City of Stanton and G2 Construction, Inc. in a contract; and

7. Authorize the City Manager to approve contract change orders with G2 Construction, Inc., as needed and determined by City staff, up to $2,839.

Item: 9F
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2 BACKGROUND:

The Measure M2 Environmental Cleanup Program (ECP), also known as Project X, administered by the OCTA provides competitive grant funding for water quality best management practices (structural devices) that will remove pollutants from runoff originating from roadways. The ECP grant funds 80% of the installation and project oversight labor costs and requires a 20% cash match.

ECP Tier 1 is designed to mitigate the more visible forms of pollutants, such as litter and debris that collect on the roadways and in the catch basins (i.e. storm drains) prior to being deposited in waterways and the ocean. It consists of funding for the equipment purchase and installation of screens, filters, inserts, and other “street scale” low flow diversion devices. Staff identified that the existing inlet grate at the storm channel on Western Avenue at 10660 Western Avenue is not efficient in capturing trash and debris and allowing water to flow through the channel. Flooding occurs on Western Avenue during rain events because water is unable to flow into the channel as the trash and debris clog the grate.

On June 11, 2024, City Council adopted Resolution No. 2024-23 authorizing the application of funds for the Environmental Cleanup, Tier 1 Grant Program, and the City’s project was approved by OCTA.

ANALYSIS/JUSTIFICATION:

Originally, the budget for the proposed project totaled $25,300, with approximately $20,240 coming from Tier 1 Grant Program Funds and $5,060 coming from the City’s 20% match.

Upon review of the original custom inlet grate’s design and site conditions, the City Engineer proposed installation of a revised custom inlet grate that is expected to be significantly more efficient. The project total for the revised inlet grate increased to $28,395. A Change of Scope was submitted to OCTA during the Semi-Annual Review period, which was approved; however, the maximum allocation amount available to the City remains $20,240.

The County of Orange has an active Contract with G2 Construction, Inc. for trash debris capture devices. The City’s custom designed grate is applicable to this contract as a new/alternative trash and debris device per Attachment A “Scope of Work” Section 4. “Eligibility Qualifications” Subsection G. “New, Emerging, or Alternative Trash and Debris Devices” as it is designed to remove litter, debris, and other water quality pollutants and to achieve strategic savings through reduced rates for equipment and installation for Orange County municipalities, including those implementing projects with M2 funding.

Staff reviewed the Contract and found it be in conformance with the requirements set forth in the City’s Purchasing Policy for Cooperative Purchasing as:
3 1. The Contract term between the County of Orange and G2 Construction, Inc. is from August 2025 to August 2030 (5-year term);

2. The source Contract does not preclude the City from using it as a contract for cooperative purchasing;

3. The awarding jurisdiction, County of Orange, is a county within the State of California;

4. The prospective vendor, G2 Construction, Inc., is the same vendor that was awarded the source Contract;

5. The scope of work in the source Contract is the same/substantially similar to the scope of work requested by the City; and

6. The City’s Contract has the same terms and conditions (or terms more favorable to the City than) those in the initial Contract.

As such, the City can rely on its cooperative purchasing provisions and may use the County of Orange’s vetted vendors for this service purchase. As such, staff is recommending award of contract to G2 Construction, Inc.

FISCAL IMPACT:

The approved Fiscal Year 2025/2026 Capital Improvement Program Budget includes $31,235 for this project (Task Code No. 2026-401). The City was awarded a Measure M2 competitive grant (under Project X) from OCTA for approximately $20,240, which will fund approximately 71.2 percent of the project costs, and the City is required to fund the remaining cost of $8,155 and any contingencies.

Description Amount
Construction Contract $ 28,395.00
Contingency $ 2,839.00
Total $ 31,234.50
ENVIRONMENTAL IMPACT:

The action requested in this report is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as minor alteration of existing public utility services.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law. 4 STRATEGIC GOAL:

Goal 3. Provide quality infrastructure.

Prepared by: Han Sol Yoo, P.E., Civil Engineer
Reviewed by: Cesar Rangel, P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Construction Contract
B. Letter Agreement
C. Contract MA-080-25011708 between County of Orange and G2 Construction, Inc.

WESTERN STORM CHANNEL GRATE REPLACEMENT

PROJECT
-1-

SHORT FORM CONSTRUCTION CONTRACT

CITY OF STANTON

SHORT FORM CONSTRUCTION CONTRACT

WESTERN STORM CHANNEL GRATE REPLACEMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this _______ day of ________, _________ by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (“City”) and G2 Construction, Inc., a Corporation with its principal place of business at 1352 E. Borchard Ave. Santa Ana, CA 92705 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing material procurement, fabrication, and installation related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: A, C8, C60

2.3 Project. City desires to engage Contractor to render such services for the Western Avenue Storm Channel Grate Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Twenty-Eight Thousand Three Hundred Ninety-Five Dollars ($ 28,395.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall Attachment: A
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be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 30 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Thousand Eight Hundred Dollars ($2,800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor 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, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 Prevailing Wages. Contractor 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. Since the Work is 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to 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, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 General Provisions.

3.20.1 City’s Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

G2 CONSTRUCTION, INC
1352 E. BORCHARD AVENUE
SANTA ANA, CA 92705
ATTN: ERIC TAYLOR
CITY:

CITY OF STANTON
7800 KATELLA AVENUE
STANTON, CA 90680
ATTN: CESAR RANGEL, PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

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

3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.20.15 Certification of License.

3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.20.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF STANTON
AND G2 CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF STANTON
Approved:

By:

Hannah Shin- Heydorn
City Manager
ATTESTED:

By: _______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
G2 CONSTRUCTION, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

WESTERN AVENUE STORM CHANNEL GRATE

PROJECT
-26-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT A
EXHIBIT “A”

SERVICES / SCHEDULE
DBE & MBE Certified
CA Lic. # 801253 – A, C8, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
www.g2construction.com
714.748.4242
March 12, 2025
Mr. Han Sol Yoo, P.E.

Civil Engineer
Public Works & Engineering
City of Stanton
7800 Katella Avenue
Stanton, CA 90690
Subject: QUOTE – City of Stanton Storm Channel Grate @ 10660 Western Ave.

G2’s cost estimate for the attached updated storm grate project for the City is below. The project was originally discussed on-site in May, 2023. These updated costs reflect the change in design and price updates for materials and labor.

Includes:

1. Materials:
- Mild Steel for grate (1/4" x 3" flat bar; 1/4” x 5” flat bar; 3” x 3” x 1/4” angle). (Note: Assumes 6" spacing with cross members)
- 5/8” stainless steel anchors.

2. G2 shop fabrication.

3. Galvanizing (Hot Dip Galv.) sandblast, galv.

4. Transport to site.

5. Field Installation. Labor (4 men, 1 day @ prevailing wage) + truck, welder, tools. - Remove existing assembly.
- Install new grate.

6. 90-day price guaranty.

Assumes:
- work performed with no water in channel, otherwise additional cost for de-watering - no traffic control needed, other extra
- no unforeseen issues
TOTAL PROJECT COST: $31,550
Discount 10%: - $ 3,155
________
TOTAL PROJECT COST: $28,395
Sincerely,
Estimated Department
G2 Construction, Inc.
[email protected]

ATTACHMENT C

REVISED INLET GRATE QUOTE

WESTERN AVENUE STORM CHANNEL GRATE

PROJECT
-27-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT B
EXHIBIT “B”

PLANS AND SPECIFICATIONS

77.54 77.55

61.26 156.24

22.05 48.00

65.00 65.00
Typ. Flat bar 3
8 " x 3",
spaced 5" to 6"
apart.

Typ. Angle 3" x 3" x
1 4
" placed at mid
height
Flat bar 3
8 " x 3" used for
anchoring along head
wall.

TOP PLAN VIEW

FRONT VIEW
CITY OF STANTON, CA. - 10660 WESTERN AVE. STORM DRAIN CHANNEL N/O RxR Drawing not to scale, JRA , 03 07 25

0.7708

77.50 77.50

63.00 51.00

77.50 60.28

61.00 77.50

72.18 77.50

ISO VIEW VIEW

51.00 Manufactured and Installed Exclusively by:

Office (714) 748- 4242 CA Lic. # 801253 A, C-8, C-60 G2 Construction, Inc. [email protected] Santa Ana, CA 92705 1352 E. Borchard Avenue

ATTACHMENT B

REVISED INLET GRATE DRAWING

WESTERN AVENUE STORM CHANNEL GRATE

PROJECT
-28-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT C
EXHIBIT “C”

SPECIAL CONDITIONS

WESTERN STORM CHANNEL GRATE REPLACEMENT

PROJECT
-29-

SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT D
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

G2 CONSTRUCTION, INC.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) November 1, 2024
Mr. Cesar Rangel
City of Stanton – Department of Public Works
7800 Katella Avenue
Stanton, California 90680
Subject: Agreement No. C-1-2785, City of Stanton, “M2 CTFP Master Funding Agreement” – Letter Agreement No. 5
Dear Mr. Rangel:

This Letter Agreement serves as the Orange County Transportation Authority’s (OCTA) approval to amend Agreement No. C-1-2785, Attachment A-4 “Projects List”. OCTA is deleting Attachment A-4, in its entirety, as identified in Article 4 “Responsibilities of Agency”, paragraph A, and in lieu thereof is inserting the revised “Project List”, attached hereto as Attachment A-5, which is incorporated and made a part of the Agreement. All provisions set forth in Master Funding Agreement No. C-1-2785 apply.

If you have any questions, please feel free to contact Charvalen Alacar at (714) 560-5401.

Please execute this letter agreement and return the signed original to the attention of:

Luis Martinez, Senior Contract Administrator, Procurement Contracts Administration and Materials Management Department 600 South Main Street, 4th Floor
Orange, CA 92868
Phone: (714) 560-5767, Email: [email protected]
Upon full execution by both parties, this Letter Agreement No. 5 to Agreement No. C-1-2785, shall be made effective this 2nd day of January, 2025 (“Effective Date”).

Accepted and Agreed
___________________________ ____________________________ Rose Casey, P.E. Cesar Rangel
Executive Director, Planning Public Works Director
Orange County Transportation Authority City of Stanton
___________________________
Georgia Martinez
Department Manager, Contracts and Procurement
Orange County Transportation Authority
Attachment: B
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County of Orange
OC Public Works
MA-080-25011708
Trash and Debris Capture Devices

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File No. 2736403
Contract MA-080-25011708
For
Trash and Debris Capture Devices
Between
County of Orange
And
G2 Construction Inc.
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Attachment: C
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County of Orange
OC Public Works
MA-080-25011708
Trash and Debris Capture Devices

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File No. 2736403

CONTRACT
MA-080-25011708

BETWEEN

COUNTY OF ORANGE
AND
G2 CONSTRUCTION INC.

FOR

TRASH AND DEBRIS CAPTURE DEVICES
This Aggregate Contract MA-080-25011708 for Trash and Debris Capture Devices (Contract) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (“County”), and G2 Construction Inc., a California Corporation (Contractor), with County and Contractor sometimes referred to as Party or collectively as Parties.

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work
Attachment B – Payment and Compensation

RECITALS
WHEREAS, Contractor and County are entering into this Contract for Trash and Debris Capture Devices under a usage Contract; and,
WHEREAS, County solicited Contract for Trash and Debris Capture Devices as set forth herein, and Contractor represented that it is qualified to provide Trash and Debris Capture Devices to the County as further set forth here; and,
WHEREAS, Contractor agrees to provide Trash and Debris Capture Devices to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES

GENERAL TERMS AND CONDITIONS

1. Governing Law and Venue:

This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, ,#1/(&++2%),-%

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notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

2. Entire Contract:

This Contract and its Attachments contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Purchasing Agent or designee.

3. Amendments:

No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

4. Taxes:

Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Contractor.

5. Delivery:

Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County.

6. Acceptance Payment:

Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

7. Warranty:

Contractor expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement ,#1/(&++2%),-%

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upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnification section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

8. Patent/Copyright Materials/Proprietary Infringement:

Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

9. Assignment:

The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

10. Non-Discrimination:

In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

11. Termination:

In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by County of its right to terminate Contract shall relieve County of all further obligation.

12. Consent to Breach Not Waiver:

No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent ,#1/(&++2%),-%

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by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. Independent Contractor:

Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through County.

14. Performance Warranty:

Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

15. Changes:

Contractor shall make no changes in the work or perform any additional work without County’s specific written approval.

16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests:

Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.

Notwithstanding other notice or termination provisions contained herein, County reserves the right to immediately terminate the Contract, as of the date on which the County provides written determination of termination of the Contract under this provision anytime upon or after assignment, in the event that the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services or products under the Contract. . In the event of an immediate termination under this provision, the Contractor shall promptly refund the County an amount equal to the pro rata portion of any charges the County paid in advance for any remaining portion of the Contract after the date of termination. Likewise, the County shall not be liable for payment for any remaining services under the Contract after the date of termination for any payments to be made in arrears pursuant to the terms of the Contract.

17. Force Majeure:

Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written ,#1/(&++2%),-%

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notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

18. Confidentiality:

Contractor agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.

19. Compliance with Laws:

Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

20. Freight:

Prior to County’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.

21. Severability:

If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

22. Attorney Fees:

In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.

23. Interpretation:

This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. ,#1/(&++2%),-%

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24. Employee Eligibility Verification:

Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

25. Audits/Inspections:

Contractor agrees to permit County’s Auditor-Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection.

County reserves the right to audit and verify Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to County’s project manager.

26. Contingency of Funds:

Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.
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27. Expenditure Limit:

Contractor shall notify County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.

INDEMNIFICATION AND INSURANCE PROVISIONS

1. Indemnification
Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any insurance requirements of obligations created elsewhere in this Contract.

2. General Insurance Requirements
Prior to the provision of services under this Contract, the Contractor agrees to carry all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract.

Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.

All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to require current audited financial reports from Contractor. If Contractor is self-insured, Contractor will indemnify the County for any and all claims resulting or arising from Contractor’s services in accordance with the indemnity provision stated in this contract.

If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

Qualified Insurer
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The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.

Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below.

Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage.

All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.

Contractor shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.

Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor.

County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.

3. Commercial General Liability
Including Products - Completed Operations
Minimum limits and coverage
$1,000,000 per occurrence; $2,000,000 aggregate
Required Coverage Forms
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The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

A. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract.

B. A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing.

C. Products and Completed Operations endorsement using ISO Form CG 20 37 04 13, or a form at least as broad.

The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).

4. Automobile Liability including coverage for owned, non-owned and hired vehicles Minimum limits and coverage
$1,000,000 combined Single Limit
Required Coverage Forms
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.

5. Workers Compensation
Minimum limits and coverage
Statutory
Required Endorsements
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees or provide blanket coverage, which will state As Required by Written Contract.

6. Employers Liability Insurance
Minimum limits and coverage
$1,000,000 per accident or disease
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ADDITIONAL TERMS AND CONDITIONS

1. Scope of Contract:

This Contract specifies contractual terms and conditions by which County will procure Trash and Debris Capture Devices from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.

2. Term of Contract:

This Contract shall commence upon execution of all necessary signatures and continue for five (5) calendar years from that date, unless otherwise terminated by County. This Contract may be renewed as set forth in the Article titled "Renewal" below.

3. Renewal:

This contract shall not be renewed unless otherwise approved by the County Board of Supervisors.

4. Aggregate Contract:

This is an Aggregate Contract with G2 Construction Inc. and United Storm Water, Inc. with an Aggregate Contract Amount not to exceed $25,000,000.

5. Adjustments – Scope of Work:

No adjustments made to the Scope of Work will be authorized without prior written approval of County assigned Deputy Purchasing Agent.

6. Bills and Liens:

Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of Article “Indemnification” above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.

7. Breach of Contract:

The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to the General Terms and Conditions section, "Termination" Article herein;
b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
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d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to the above.

8. Civil Rights:

Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

9. Conflict of Interest – Contractor’s Personnel:

Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder.

Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County.

10. Conflict of Interest – County Personnel:

County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any County employee for any purpose.

11. Contractor’s Project Manager and Key Personnel:

Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by County and shall not be changed without the written consent of County’s Project Manager, which consent shall not be unreasonably withheld.

Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project time lines. County’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to County under this Contract. County’s Project manager shall notify Contractor in writing of such action.

Contractor shall accomplish the removal within five (5) business days after written notice by County’s Project Manager. County’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.

12. Contractor’s Expense:

The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center. ,#1/(&++2%),-%

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13. Contractor Personnel – Uniform/Badges/Identification:

Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to accept the kind of responsibility under this Contract. All Contractor’s employees shall be required to wear uniforms, badges, or other means of identification which are to be furnished by Contractor and must be work at all times while working on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven (7) days of notification of award of Contract of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any changes in this procedure.

14. Contractor’s Records:

Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from County. Storage of records in another county will require written approval from County of Orange assigned Deputy Purchasing Agent.

15. Conditions Affecting Work:

Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract.

16. Cooperative Contract:

This Contract is a cooperative contract and may be utilized by all County of Orange departments.

The provisions and pricing of this Contract may be extended to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non-profit or governmental organization. Governmental entities wishing to use this contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any Contract entered into with another agency or entity that is entered into as an extension of this Contract a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The County of Orange makes no guarantee of usage by other users of this Contract.
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A 2 percent rebate on Eligible Revenues will be paid to the County for any contracts the Contractor agrees to enter into with other entities under the provisions and pricing of this Contract. The Contractor shall provide quarterly Volume Sales Reports to the County about additional sales to other entities under the provisions and pricing of this Contract. The Reports shall include the ordering agency, detail of items sold including description, quantity, and price, and shall include all transactions pertaining to sales under the Contract provisions and pricing for that Reporting Period. Contractor shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted. Failure of the Contractor to provide quarterly reports as required, may be deemed breach of the contract. A late penalty of 15 percent on the value of the rebate may be assessed to the Contractor for each month the payments are not received.

Subordinate contracts must be executed prior to the expiration or earlier termination of this Contract and may survive the expiration of this Contract up to a maximum of one year; however, in no case shall a subordinate contract exceed five (5) years in duration.

17. Data – Title To:

All materials, documents, data or information obtained from County data files or any County medium furnished to Contractor in the performance of this Contract will at all times remain the property of County.

Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract.

18. Default – Re-Procurement Costs:

In case of Contract breach by Contractor, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due Contractor. The price paid by County shall be the prevailing market price at the time such purchase is made.

This is in addition to any other remedies available under this Contract and under law.

19. Disputes – Contract:

The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the County‘s Project Manager, as specified in Article titled “Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process:

A. The Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision.

B. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the ,#1/(&++2%),-%

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supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes County is liable.

Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions.

Nothing in this section shall be construed as affecting County’s right to terminate Contract for cause or termination for convenience as stated in Article "Termination" herein.

20. Drug-Free Workplace:

Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).

B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

1. The dangers of drug abuse in the workplace;

2. The organization's policy of maintaining a drug-free workplace

3. Any available counseling, rehabilitation and employee assistance programs; and

4. Penalties that may be imposed upon employees for drug abuse violations.

C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:

1. Will receive a copy of the company's drug-free policy statement; and

2. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract.

D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future County contracts if County determines that any of the following has occurred:

1. Contractor has made false certification, or

2. Contractor violates the certification by failing to carry out the requirements as noted above. ,#1/(&++2%),-%

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21. EDD Independent Contractor Reporting Requirements:

Effective January 1, 2001, County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom County pays $600 or more or with whom County enters into a contract for $600 or more within a single calendar year.

The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.

The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.”
The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.

Additional information on this reporting requirement can be found at the California Employment Development Department website located at http://www.edd.ca.gov/Employer_Services.htm

22. Emergency/Declared Disaster Requirements:

In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Contractor shall service County during such an emergency or declared disaster under the same terms and conditions that apply during nonemergency/disaster conditions. The pricing quoted by Contractor shall apply to serving County’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.

23. Error and Omissions:

All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction. ,#1/(&++2%),-%

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24. Equal Employment Opportunity:

Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future.

Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

25. Headings:

The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and articles, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.

26. News/Information Release:

Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County’s Project Manager.

27. Notices:

Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid. ,#1/(&++2%),-%

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Contractor: G2 Construction Inc.

Attn: Eric Taylor
Address: 1352 E. Borchard Ave.

Santa Ana, CA 92705
Phone: 714-679-2550
Email: [email protected]

County's Project Manager: OC Public Works
Attn: Stephanie Gad
Address: 2301 N. Glassell St.

Orange, CA 92865
Phone: 714-955-0670
Email: [email protected]

cc: OCTA Environmental Cleanup Program (ECP) Manager
Attn: Alison Army
Address: 550 S. Main St.

Orange, CA 92868
Phone: 714-560-5537
Email: [email protected]

cc: OC Public Works/Procurement Services
Attn: Wayne Hsiao, County DPA
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Address: 601 North Ross Street
Santa Ana, CA 92701
Phone: (714) 667-9626
Email: [email protected]

28. Precedence:

Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

29. Subcontracting:

No performance of this Contract or any portion thereof may be subcontracted by Contractor without the express written consent of County. Any attempt by Contractor to subcontract any performance of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange.

30. Termination – Orderly:

After receipt of a termination notice from County of Orange, Contractor may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Contractor. Upon termination County agrees to pay Contractor for all services performed prior to termination which meet the requirements of Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract.

31. Usage:

No guarantee is given by County to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested. ,#1/(&++2%),-%

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32. Usage Reports:

Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.

33. Project Manager, County:

The County shall appoint a Project Manager to act as liaison between the County and the Contractor during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Contractor.

The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel. The County’s Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Contractor’s Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract.

34. Mandatory Kick-Off Meeting:

Upon award of the contract, the awarded vendor(s) may be required to attend a mandatory kick-off meeting with County representatives to discuss important information related to the scope of work, the contract, and the invoice payment process. A quarterly check-in meeting may be required to review any issues with the contract.

35. Prevailing Wage:

A. Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Department of Industrial Relations at the following website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.

B. Labor Code Requirements: Contractor and all Subcontractors shall comply with all applicable requirements of the Labor Code throughout the performance of Contract, including but not limited to the following:

C. Labor Code Notice: Contractor and all Subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.

Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial ,#1/(&++2%),-%

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Relations. After award of the Contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

D. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

E. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the Board of Supervisors. Copies may be obtained at cost at the office of County's OC Public Works/OC Facilities & Asset Management/A&E Project Management or visit the website of the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.

F. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.

G. Registration of Contractor: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

H. Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC-100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance
If the project meets or exceeds these amounts, the County and the Contractor are required to register the project with the California Department of Industrial Relations. ,#1/(&++2%),-%

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I. Payroll Records: Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.

The requirements of Labor Code Section 1776 provide, in summary:

1. Contractor and any Subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any Subcontractor(s) in connection with the work.

2. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.

3. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.

4. Contractor shall inform County of the location of the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records.

5. Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have ten (10) days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event that Contractor or any Subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to County, forfeit one hundred dollars ($100), or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated. Contractor acknowledges that, without limitation as to other remedies of enforcement available to County, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

6. Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contract, as well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of County’s representative, or may be obtained ,#1/(&++2%),-%

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from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.

36. Work Hour Penalty:

Eight (8) hours of labor constitute a legal day's work, and forty hours constitute a legal week's work.

Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1-1/2 times the basic rate of pay.

37. Wage Rate Penalty:

Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Section 1775.

Contractor and any Subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or Subcontractor(s) under Contract.

38. Apprentices:

The Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.

Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work. Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program. The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.

39. Safety Data Sheets (SDS):

The Contractor is required to provide a completed Safety Data Sheet (SDS) for each hazardous substance provided to the County under the Contractor’s Contract with the County. This includes hazardous substances that are not directly included in the Contract, but are included in the goods or services provided by the Contractor to the County. The provision of the SDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The SDSs for each substance must be sent to the place of shipment or provision of goods/service.
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40. Permits and Licenses:

Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.

41. Inventory:

County has an ongoing requirement for the commodities indicated in this Contract. Contractor shall maintain a reasonable stock on hand of all commodities for delivery upon request.

42. Order Dates:

Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures.

G2 Construction Inc.*

Signature Name Title Date

COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE:

Deputy Purchasing Agent
Signature Name Title Date

Approved as to form:

County Counsel
By:_______________________________________
Deputy
Name: ____________________________________
Date: _____________________________________
*If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation. ,#1/(&++2%),-%

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County of Orange
OC Public Works
MA-080-25011708
Trash and Debris Capture Devices

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File No. 2736403

ATTACHMENT A - SCOPE OF WORK

1. Scope of Work
The Scope of Work is described as follows.

2. Background
The Orange County Transportation Authority’s (OCTA) Environmental Cleanup Program (ECP) provides a two percent allocation of annual gross Measure M2 (M2) revenues to improve overall water quality in Orange County from transportation-related pollution. The ECP competitive funds can be used to implement water quality improvement projects addressing pollutants originating from or conveyed through transportation systems. These funds will assist Orange County cities and the County of Orange in meeting federal Clean Water Act standards for urban runoff through the purchase and installation of recognized structural best management practices (BMPs). Third parties such as public water and wastewater agencies, environmental advocacy organizations, and homeowners associations may also nominate projects through a municipality that is willing and able to take responsibility for carrying out and maintaining the project.

3. Description of Project
In concert with the M2 Grant Program, this Scope of Work is designed to assemble a panel of Contractors to achieve economies of scale on a list of fixed unit prices for the purchase and installation of equipment and devices designed to remove litter, debris, and other water quality pollutants, herein referred to as “Stormwater Treatment Devices.” Selected Contractors will be part of a Master Agreement with the County of Orange that will allow municipalities to select from a listing of Contractors to provide, supply, fabricate, construct, deliver, and install Stormwater Treatment Devices. Municipalities wishing to use this Contract may purchase BMPs with M2 grant monies or any other funding source.

Accordingly, the goal of this Contract is to achieve strategic savings that would benefit the County and OCTA to act as the purchasing and contract administrators for M2 grant-eligible entities. Awarded ECP entities are not obligated to utilize the selected Contractors. Rather, this process is intended to provide a mechanism for reduced rates for equipment and its installation for Orange County municipalities, including those implementing projects with M2 funding. In addition, if a local agency utilizes this Contract, a separate agreement, city council resolution, or other protocol may be necessary with the selected Contractor(s). The eligible qualifications are discussed below.

4. Eligibility Qualifications
Stormwater Treatment Devices must be capable of handling flows from a design storm of 0.2-inches/hour.

The hydrologic method to be used to calculate the flow associated with LID and water quality design storm flow is:

Frequired = C × I × A
Where Frequired = Flow capacity (cubic feet/sec); C = runoff coefficient (ranges from 0 to 1); I = 0.2 inches/hour; and A = tributary area (acres).
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Treatment devices should also be able to operate in a hydraulic surcharge condition (defined as a condition that exceeds the design discharge) without releasing stored pollutants to the receiving water. Stormwater Treatment Devices which meet this definition and would be eligible for consideration are:

A. Hydrodynamic Separation and Gross Solids Removal Devices Hydrodynamic separators are flow-through structures with a settling or separation unit to remove sediments and other pollutants and are widely used in stormwater treatment. No outside power source is required, because the energy of the flowing water allows the sediments to efficiently separate. Depending on the type of unit, this separation may be by means of centrifugal force or indirect filtration.

Gross Solids Removal Devices (either linear radial or inclined screen) are structural best management practices designed to remove trash, vegetative material, and other particles of relatively large, gross size from stormwater runoff.

B. Catch Basin Inserts
Catch basin inserts are designed to remove oil and grease, trash, debris, and sediment and improve the efficiency of catch basins. Some inserts are designed to drop directly into existing catch basins, while others may require retrofit construction. Several varieties of catch basin inserts exist for filtering runoff.

C. Automatic Retractable Screens
Automatic retractable screens are mounted inside a storm drain inlet and are designed to remain closed to capture debris during the dry season. During storm events, the screens retract, allowing heavy flows to enter the storm drain.

D. Cartridge Filter-type Control Devices
Cartridge filter–type controls typically consist of a series of vertical filters contained in a vault or catch basin that provide treatment through filtration and sedimentation.

E. Biological Treatment Devices
Bioretention devices include raingardens, swales, and filter strips; all use plants and substrate to detain and filter stormwater to reduce excessive runoff from roads and paved surfaces, and provide opportunities for enhancing natural landscape and biodiversity elements in the urban environment.

F. In-line Trash and Debris Capture Devices (Trash Booms and Trash Nets) Trash booms and nets are designed to assist in the control, containment and recovery of floating trash, debris, timber, urban waste or aquatic plants. Typically built as floating structures, these devices are designed to control pollution along the surface of the water.

G. New, Emerging, or Alternative Trash and Debris Devices Upon request, the Contractor shall submit supplemental proposals for new, emerging, or alternative trash and debris removal devices reasonably related to the categories listed within Attachment A Section 4 and to meet the intent of Attachment A Section 3. Contractor must obtain written approval from the County and/or local agency designee prior to commencing any work for these new, emerging, or alternative trash and debris removal devices, which may include but not be limited to design, fabrication, and/or installation of these devices not already included in this scope of work. Upon completion of any work related to these devices, the local agency designee and Contractor will inspect the finished product at no ,#1/(&++2%),-%

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MA-080-25011708
Trash and Debris Capture Devices

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additional cost. Upon mutual acceptance of the work product, the Contractor shall again be responsible for all services originally covered under this Contract and the work performed under this section.

5. Requirements
x The devices shall be ready for shipment, delivery and/or installation within two months of receipt of orders.
x Warranty on parts and labor shall be for a minimum of 10 years.

6. Equipment Design and Specifications Report
All proposals shall include information pertaining to the proposed stormwater treatment device, including, but not limited to: product description, design, engineering, siting, operation, and maintenance. The following information should be summarized in an Equipment Design and Specification Report (Report) for each proposed device in the given order as listed below.

A. Description/Design/Engineering
x Describe how the equipment meets the intent of the OCTA Tier 1 Environmental Cleanup Program.
x A detailed description of the equipment and design elements, inclusive of sizing and geometry (include diagrams or CAD files).
x Materials used to construct the equipment (i.e., stainless steel, grade, plastic, etc.). x Flow or range of flows for which equipment is rated (in cubic feet per second). x Estimated design life of the equipment.

B. Performance Effectiveness
x Performance effectiveness in reducing trash, litter, debris and other transportation related pollutants (percent reduction) and associated transportation related water quality impacts (include independent analyses if any).
x Trash capture (meeting the definition of “full capture system”) and storage capacity of the equipment (if applicable).
x Overflow or bypass flow capacity of the equipment when full of trash and overflowing (i.e., storage capacity of the equipment when the one-year, one hour storm is no longer fully filtered) (if applicable).
x Maximum overflow or bypass flow capacity of the device (i.e., 10-year storm event) (if applicable).
x Device performance effectiveness in terms of pounds of trash removed per total project cost (see section V., F.)
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C. Siting, Operation, and Maintenance
x Description of Contractor’s installation process including consultation and review of device locations with municipal staff, traffic control during installation, and estimated time required to install each device.
x Description of the site-specific measurements and other information a municipality must provide the Contractor for determining the appropriate size and configuration of the device for that location (i.e. Eligible entities will need to determine how to select the right device for their desired location).
x A discussion of any regulatory permits that may be required for installation. x Maintenance requirements (describe in detail how the device must be maintained and the approximate amount of time required for cleaning or maintenance. In addition, discuss whether the device has design capabilities for easy removal for cleaning or maintenance). x Estimated life cycle costs for maintenance.
x Durability against external factors, such as street sweeping, car parking, etc. x Availability of replacement parts and life expectancy. x Warranty coverage and duration.
x Aesthetics and safety.
x Any key factors that makes the device unique among other products.

D. Contractor’s Installation Background
x Ability of Contractor to have staff and/or subcontractor(s) to manufacture device and provide installation to eligible entities within Orange County. x Experience, background, training, and number of staff and/or subcontractor(s) who will fabricate and/or install device.

E. Operating Locations, References, and Certifications
x A minimum of three locations, inclusive of address or nearest intersection, and photos of device in operation within southern California, preferably Orange County. x References from three public agencies. (See Appendix A for Contractor’s Reference Forms). x Certifications obtained from public agencies and/or Regional Water Quality Control Boards.

7. Project Management, Coordination, and Administration A kick-off meeting with selected Contractors and the County shall be held to discuss the contractual terms of the Master Agreement. This will establish management, coordination, and administration protocols, and address other issues, as necessary, to ensure that the contractual terms are met. The Contractor’s Project ,#1/(&++2%),-%

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Manager shall communicate and coordinate in a timely manner all work and progress with the County’s Project Manager.

A monthly progress report detailing the stormwater treatment device purchases and installation per local agency shall be prepared by the Contractor’s Project Manager and submitted to the County’s Project Manager.

Progress reports shall include the ongoing status of work, significant accomplishments, problems encountered and anticipated with potential solutions, and work planned for the next month (by task and responsible person). In addition, the Contractor will be responsible for developing a Tier 1 Program spreadsheet to capture information from awarded ECP entities. The database will contain the following:
x Name of Entity
x Contact Name
x Contact Phone Number
x Contact E-mail Address
x Date of Installation
x Device inventory number, name, and type
x Size/capacity of device
x Location of installations
x Best estimate of catchment area
x Anticipated number of installations within the next month The monthly progress report shall be received no later than the tenth (10th) calendar day of the month. ,#1/(&++2%),-%

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OC Public Works
MA-080-25011708
Trash and Debris Capture Devices

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ATTACHMENT B - PAYMENT AND COMPENSATION

1. Compensation:

This is a firm fixed fee Contract between County and Contractor for Service Description as set forth in Attachment A, “Scope of Work”.

Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles "Changes" and "Amendments" of County Contract Terms and Conditions, which may require approval by the County Board of Supervisors.

2. Fees and Charges:

A. County will pay the fees and charges in accordance with the provisions of this Contract.

Contractor guarantees that pricing is based on best information from Attachment A, “Scope of Work”. There are four areas for which pricing information needs to satisfy :

1. Estimated average cost of design and engineering for each type of equipment or device.

2. Estimated unit cost of equipment fabrication or cost of pre-fabricated device.

3. Estimated average cost of device installation, including labor and equipment (include separate line item for each type of device).

4. Estimated average annual life cycle cost of operation and maintenance for each type of device.

Device Type Design and
Engineering
Cost
Unit Cost of
Equipment
Fabrication
Average
Cost of
Device
Installation
Annual
Operation
and
Maintenance
Cost
Total Cost
CPS-Mod™ $268 $766 $442 $95 $1,571
GITS™ $343 $1,874 $286 $95 $2,598
ARS-CL™ $236 $1,069 $230 $80 $1,615
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3. Price Increase/Decreases:

No price increases will be considered during the first year of the Contract. County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 180-days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of Contract. Adjustments increasing Contractor’s profit will not be allowed.

4. Firm Discount and Pricing Structure:

Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to County during the term of this Contract not otherwise specified and provided for within this Contract.

5. Contractor’s Expense:

Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.

6. Payment Terms – Payment in Arrears:

Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net thirty (30) days after receipt of an invoice in a format acceptable to County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.

Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse County of Orange for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.

Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

7. Taxpayer ID Number:

Contractor shall include its taxpayer ID number on all invoices submitted to County for payment to ensure compliance with IRS requirements and to expedite payment processing.

8. Payment – Invoicing Instructions:

Payment – Invoicing Instructions: The Contractor will provide an invoice on the Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
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b. Contractor’s remittance address, if different from “A” above c. Contractor’s Taxpayer ID Number
d. Name of County Agency/Department
e. Delivery/Service address
f. Contract Number MA-080-25011708
g. Agency/Department’s Account Number
h. Date of order
i. Product/Service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/Delivery Charges, if applicable
l. Total
Invoices and support documentation are to be forwarded to:

OC Public Works
Attn: Accounts Payable
P.O. Box 4048
Santa Ana, CA 92702
Email: [email protected]

9. Payment (Electronic Funds Transfer (EFT):

County of Orange offers contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to The County of Orange via an EFT Authorization Form. To request a form, please contact the agency/department Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to the address or phone listed on the form.
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 9, 2025
SUBJECT: ACCEPTANCE OF THE FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT (TASK CODE NO. 2025-107) BY THE CITY COUNCIL OF THE

CITY OF STANTON, CALIFORNIA
REPORT IN BRIEF:

The FY 2023/24 Citywide Alley Resurfacing Project consisting of demolition and removals, clearing and grubbing, grading and earthwork, concrete work (ramps and sidewalks), asphalt pavement, signing and striping, and all appurtenant work for various alleys throughout the City of Stanton is now complete. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of September 2, 2025, and recommends that the City Council accept the completed work performed on this project.

RECOMMENDED ACTION:

3. Approve the final construction contract amount of $661,250.00 with Sequel Contractors, Inc.; and

4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and

Item: 9G
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2 BACKGROUND:

On August 27, 2024, the City Council authorized staff to advertise this project for construction and approved the plans and specifications.

This Project consists of demolition and removals, clearing and grubbing, roadway modifications, roadway grading and earthwork, concrete work (ramps and sidewalks), asphalt pavement, signing and striping, and all appurtenant work for various alleys:
• Alley directly south of Orangewood Avenue between Santa Rosalia Street and Lenmar Street
• Alley directly east of Dale Avenue between Lola Avenue and Chanticleer Road • Roadway repairs on Wasco Road
• Roadway repairs on Pine Tree Lane/Pickens Lane
On January 14, 2025, Sequel Contractors, Inc. was awarded the construction contract for this project as the lowest, responsive bidder in the amount of $631,370 and the City Council authorized the City Manager to approve contract change orders up to $63,137 (10% of the original contract amount for contingencies).

ANALYSIS/JUSTIFICATION:

During construction, it was found that additional efforts to provide proper drainage and accessibility to the alleys were necessary for this project. A change order was issued in the total amount of $29,880, an increase of 4.7 percent of the contract amount. The total construction cost for this project was $661,250. This provided a comprehensive rehabilitation/restoration of the alleys.

The FY 2023/24 Citywide Alley Resurfacing Project has been completed in conformance with the project plans and specifications and has been accepted by the City Engineer.

FISCAL IMPACT:

The contract awarded to Sequel Contractors, Inc. for the FY 2023/24 Citywide Alley Resurfacing Project (Task Code No. 2025-107) was $661,250, which was included in the total project budget approved by the City Council.

ENVIRONMENTAL IMPACT:

This project is 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.

LEGAL REVIEW:

None.
3 STRATEGIC GOAL:

Goal 3. Provide quality infrastructure.

PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

Prepared by: Elias Garcia, P.E., T.E., Assistant City Engineer Reviewed by: Cesar Rangel, P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:

A. Notice of Completion
Recording requested by and
when recorded mail to:

CITY OF STANTON
7800 KATELLA AVENUE
STANTON, CA 90680
ATTN: CITY CLERK

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is the City of Stanton.

3. The full address of owner is 7800 Katella Avenue, Stanton, CA 90680.

4. The nature of the interest or estate of the owner is: Public Right of Way.

5. A work of improvement on the property hereinafter described was completed on September 2, 2025.

The work was the FY 2023/24 Citywide Alley Resurfacing Project.

6. The name of the contractor for such work of improvement was: Sequel Contractors, Inc.

7. The property on which said work of improvement was completed is in the City of: Stanton, County of Orange, and State of California.

Dated:______________________ ___________________________________, City of Stanton Verification for Individual Owner Cesar Rangel, City Engineer

VERIFICATION
I, the undersigned, say: I am the City Engineer of the City of Stanton, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on _______________________________, 2025, at Stanton, California. _________________________________________, City of Stanton Cesar Rangel, City Engineer
(Space above this line for Recorder’s use)
Attachment: A
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1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 9, 2025
SUBJECT: APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR

TOWING SERVICES
REPORT IN BRIEF:

Requested is the authorization to allow the City Manager to approve the second amendment to the Agreement for General Services – Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing to extend the term of the Agreement to September 30, 2026. Action Southland Towing currently provides towing services for the City and the Orange County Sheriff’s Department.

RECOMMENDED ACTION:

2. Approve the Second Amendment to the existing Agreement for General Services - Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing; and

Item: 9H
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2 BACKGROUND:

In April 2021, the City of Stanton authorized and issued a Request for Proposal (RFP) for the contractual services of a towing company. The submittals were evaluated by Public Safety staff along with consideration of the performance record of each establishment.

As a result of the RFP process, Action Southland Towing was selected as the sole provider of towing services in the city.

On September 14, 2021, the City entered into an Agreement for Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing. The three-year agreement which expired on September 30, 2024, provided for two optional one-year term extensions. On January 28, 2025, the City Council approved the First Amendment exercising the first of the one-year extensions, extending the term of the Agreement to September 30, 2025.

The proposed term extension will be the last year to extend the existing agreement. Staff is working on a new RFP to include the option for a backup service provider. The release of the new RFP is scheduled for Spring 2026.

ANALYSIS/JUSTIFICATION:

Action Southland Towing has been providing towing services to the City of Stanton for over 40 years. They have done so with an excellent service record and a high level of cooperation and customer service.

Based on their satisfactory service, staff is recommending a second amendment to the existing agreement to extend the term through September 30, 2026.

FISCAL IMPACT:

There are no anticipated expenditures associated with this agreement. Estimated revenue generated as a result of this agreement is included in the Fiscal Year 2025-26 Operating Budget.

ENVIRONMENTAL IMPACT:

This action is not a project per the California Environmental Quality Act. 3 LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

STRATEGIC GOAL:

Goal 1. Provide a safe community.

Prepared by: James J. Wren, Public Safety Services Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Second Amendment to the Original Agreement
B. First Amendment to the Original Agreement
C. Original Agreement

CITY OF STANTON

SECOND AMENDMENT TO

AGREEMENT FOR TOWING SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Towing Services (“Second Amendment”) is entered into on the 9th day of September, 2025, by and between the City of Stanton (“City”) and Action Southland Enterprises, Inc., DBA Action Southland Towing, a California Corporation with its principal place of business at 7600 Industrial Way, Stanton, CA 90680 (“Contractor”). City and Contractor are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Towing Services dated August 24, 2021 (“Agreement”).

2.2 First Amendment. The Agreement was amended on January 28, 2025, to extend the Agreement to September 30, 2025.

2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the Agreement for an additional one-year term.

3. TERMS.

3.1 Term. Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the original term of the Agreement for an additional one year term, from September 30, 2025 to September 30, 2026, unless earlier terminated as provided in the Agreement.

3.2 Declaration of Political Contributions. Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political 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.

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

Attachment: A
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IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this _____ day of _______________, 2025.

CITY OF STANTON ACTION SOUTHLAND ENTERPRISES,
INC., DBA ACTION SOUTHLAND
TOWING
By:

Hannah Shin-Heydorn
City Manager
By:

Scott Kattengell
CFO/Owner
ATTEST:

By:

Patricia A. Vazquez
City Clerk
By:

Janis Zemel,
General Manager
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
,.-,,

CITY OF STANTON

FIRST AMENDMENT TO

AGREEMENT FOR TOWING SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Towing Services ("First Amendment") is entered into on the 28th day of January, 2025, by and between the City of Stanton ("City") and Action Southland Enterprises, Inc., DBA Action Southland Towing, a California Corporation with its principal place of business at 7600 Industrial Way, Stanton, CA 90680 ("Contractor"). City and Contractor are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Towing Services dated August 24, 2021 ("Agreement").

2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the Agreement for an additional one-year term.

3. TERMS.

3.1 Term. Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the original term of the Agreement for an additional, one year term, from September 30, 2024 to September 30, 2025, unless earlier terminated as provided in the Agreement.

3.2 Declaration of Political Contributions. Prior to the City's approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political 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.

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

Attachment: B
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(
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this 28th day of January, 2025.

CITY OF STANTON
By:H1��
City Manager
A ST:

ACTION' SOUTHLAND ENTERPRISES,
INC., DBA ACTION SOUTHLAND
TOWING
By:

CFO/Owner
Seo �e if11'C'.:)

CITY OF STANTON

AGREEMENT FOR GENERAL SERVICES - TOWING

1. PARTIES AND DATE
This Agreement for Towing Services ("Agreement") 24th day of August 2021 by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 ("City") and Action Southland Enterprises, Inc., OBA Action Southland Towing, a California corporation with its principal place of business at 7600 Industrial Way, Stanton CA 98680 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS

2.1 Contractor.

Contractor desires to perform· and assume responsibility for the provIsIon of certain general services required by City on the terms and conditions set forth in this Agreement.

Contractor represents that ii is experienced in providing nonconsensual towing 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 Contractor to render such nonconsensual towing services for the City Towing Services ("Project") as set forth in this Agreement.

2.3 Incorporation of Documents.

This Agreement includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Request for Proposals, dated April 22, 2021, and Contractor's Proposal, dated June 3, 2021.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("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 October 1, 2021 to September 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole and absolute discretion to extend the term of the Agreement for no

AGREEMENT FOR GENERAL SERVICES
55414.00000\34279552.2
Attachment: C
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more than two additional one- year terms. The City reserves the right to review the Contractor' s performance at the end of each year and cancel all or part of the Agreement.

Contractor shall perform its services in a prompt and timely manner and shall commence performance upon receiving notice from the City.

3. 2 Responsibilities of Contractor.

3. 2. 1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor' s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor' s officers, employees or agents, except as set forth in this Agreement. Contractor shall 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. Contractor 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/ Time for Performance.
a) Contractor 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. Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor' s conformance with the Schedule, City shall respond to Contractor' s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. b) Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party' s performance and is one or more of the following: ( 1) Acts of God or other natural disasters; ( 2) terrorism or other acts of a public enemy; ( 3) orders of governmental authorities including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); ( 4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and ( 5) pandemics, epidemics or quarantine restrictions. For purposes of this section, orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance 2 AGREEMENT FOR GENERAL SERVICES
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and the efforts being made to resume performance of this Agreement. Force Majeure Events and/ or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3. 2. 3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3. 2. 4
Substitution of Key Personnel. Contractor 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, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor 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 City, or who are determined by 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 Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Scott Kattengell, CFO/Owner.

3. 2. 5 City' s Representative. City hereby designates the Public Safety Service Director 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 City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City' s Representative or his or her designee.

3.2. 6 Contractor's Representative. Contractor hereby designates Scott Kattengell CFO/ Owner, or his or her designee, to act as its representative for the performance of this Agreement (" Contractor' s Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement.

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

3. 2. 7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City' s staff, contractors and other staff at all reasonable times.

3. 2. 8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, 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, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by 3 AGREEMENT FOR GENERAL SERVICES
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Contractor' s failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor' s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by 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 City, shall be promptly removed from the Project by Contractor and shall not be re- employed to perform any of the Services or to work on the Project.

3. 2. 9
Laws and Regulations. Contractor 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 the provisions of Stanton Municipal Code Chapter 10. 02, any local rules and specifications promulgated thereto, all Cal/ OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents 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.

3. 2. 10 Labor
a) Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and maintenance" projects (" Prevailing Wage Laws"). 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771. 4.
b) Registration. If the Services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1.
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c) Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor' s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. d) Labor Code Compliance; Audit Rights. City shall have the right to audit Contractor' s compliance with this Agreement and California Labor laws with respect to Contractor' s personnel, including, but not limited to, Contractor' s compliance with Sections

3.2. 1, 3.2. 10, and 3.6. Upon City' s request, Contractor shall provide within five ( 5) business days documents sufficient to demonstrate its compliance with this Agreement including, but not limited to, W4s, itemized wage statements, employee handbooks, and time cards for any of Contractor' s personnel who provide the Services.

3. 2. 11 Insurance.
a) Time for Compliance. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
b) Types of Required Coverages. 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, Contractor 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.
1) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as the latest version of the Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least 1, 000, 000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for ( 1) products and completed operations; ( 2) contractual liability; ( 3) third party action over claims; or ( 4) cross liability exclusion for claims or suits by one insured against another. 2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form CA 0001 covering " Any Auto" ( Symbol 1) with minimum limits of $ 1, 000,000 each accident.
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3) Workers' Compensation and Employer' s Liability: 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. 4) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of Contractor' s operations to include onsite and offsite coverage for bodily injury ( including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $ 5 million per loss and $ 10 million total all losses. Non - owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/ substance otherwise regulated under environmental laws/ regulations.

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.
c) Endorsements.
1) The policy or policies of insurance required by Section

3. 2. 11( b) ( i) Commercial General Liability and ( ii) Automobile Liability Insurance shall be endorsed to provide the following:
1) Additional Insured: City, its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; ( 2) exclude " contractual liability"; ( 3) restrict coverage to " sole" liability of Contractor; or ( 4) contain any other exclusions contrary to the Agreement.
2) Primary Insurance and Non -Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees and agents shall not contribute with this primary insurance.
3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon City except ten ( 10) days prior written notice shall be allowed for nonpayment of premium. 6 AGREEMENT FOR GENERAL SERVICES
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5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
6) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officials, officers, employees and agents.
7) Applicability: That the coverage provided therein shall apply to the obligations assumed by Contractor under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
2) The policy or policies of insurance required by Section

3. 2. 11( b) ( iii) Workers' Compensation shall be endorsed, as follows:
1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon City except ten ( 10) days prior written notice shall be allowed for nonpayment of premium. d) Deductible. Any deductible or self-insured retention must be approved in writing by City and shall protect the City, its officials, officers, employees and agents 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. e) Evidence of Insurance. Contractor, 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 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 City. If such coverage is cancelled or reduced, Contractor shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
f) Failure to Maintain Coverage. Contractor 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 City. City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.
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In the event that Contractor's operations are suspended for failure to maintain required insurance coverage, Contractor shall not be entitled to an extension of time for completion of the work because of production lost during suspension.
g) 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. h) Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding City as an Additional Insured to the subcontractor' s policies.

3. 2. 12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor 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 subcontractors, 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. Contractor 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.

3. 3. 2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. 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 forty-five ( 45) days of receiving such statement, review the statement and pay all approved charges thereon.

3. 3.3 Reimbursement for Expenses. Contractor 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 Contractor 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.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3. 4 Accounting Records
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3. 4. 1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor 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.

Contractor 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.
a) Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen ( 15) days of the request. c) 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:

Contractor:

City:

Action Southland Enterprises, Inc., DBA Action Southland Towing 7600 Industrial Way
Stanton, CA 90680
Attn: Scott Kattengell, CFO/Owner
City of Stanton
7800 Katella Avenue
Stanton, California 90680
Attn: Keith Gifford, Code Enforcement Supervisor
Such notice shall be deemed made when personally delivered or when mailed, fortyeight ( 48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the 9 AGREEMENT FOR GENERAL SERVICES is
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party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless ofthe method of service.

3. 5. 3 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. 4 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action.

3. 5. 5
Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subconsultants and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages, attorneys' fees and other related costs and expenses. Contractor shall defend, at Contractor' s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys' fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. This Section

3. 5. 5 shall survive any expiration or termination of this Agreement.

3. 5. 6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3. 5. 7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3. 5. 8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3. 5.9 City' s Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

3. 5. 10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3. 5. 11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the 10 AGREEMENT FOR GENERAL SERVICES
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prior written consent of 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. 5. 12 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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. 5. 13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3. 5. 14 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. 5. 15 No Third Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

3. 5. 16 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. 5. 17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the 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. 5. 18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3. 5. 19 Labor Certification. By its signature hereunder, Contractor 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 Workers' 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. 5.20 Authority to Enter Agreement Contractor 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.

3.5. 21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3. 5.22 Employment Adverse to City. Contractor shall notify City, and shall obtain City' s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.5.23 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City' s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3. 5. 24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

3.6 Independent Contractors and Subcontracting

3. 6. 1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750. 3 and Dynamex Operations West Inc. v. Superior Court, 4 Cal. 5th 903 ( 2018).

To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (" Subcontractor( s)") unless approved by the City as set forth in Section 3. 6.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor' s behalf are Contractor' s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3. 6. 2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all applicable provisions of the Agreement, including a restriction on the Subcontractor' s use of further 12 AGREEMENT FOR GENERAL SERVICES
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independent contractors, subcontractors or subconsultants without the City' s prior written consent.

SIGNATURES ON FOLLOWING PAGE]
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1 SIGNATURE PAGE FOR AGREEMENT

FOR GENERAL SERVICES

BETWEEN THE CITY OF STANTON
AND ACTION SOUTHLAND ENTERPRISES, INC., DBA ACTION SOUTHLAND TOWING IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF STANTON ACTION SOUTHLAND ENTERPRISES,
INC., DBA ACTION SOUTHLAND
TOWING
By: By:

Mayor ersi ¢ agC
Scott Kattengell, CFO/ Owner
ATT CIT} r\
a h
09 ' By:
it lerl 41S Zemel, General Manager
APPROVED TO F "
By:

Best Best & Krieger LLP
City Attorney
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SIGNATURE PAGE

FOR AGREEMENT
EXHIBIT " A"

SCOPE OF SERVICES
I. SCOPE OF SERVICES
A. General Duties.

1. The Contractor' s primary duty will be; responding, on a first priority basis, to requests for towing services initiated by the City. The Contractor must have tow trucks available at all times ( 24 hours/ day, 7 days/ week, 365 days/ year, including holidays and weekends) to respond to requests for service from the City. The Contractor must also respond to towing requests from other City employees who are duly authorized by law to remove vehicles for storage, investigations, or both.

2. Typical towing situations will include, but will not be limited to: removing illegally parked vehicles, mechanical breakdowns, and storing. The Contractor must provide towing and storage services 24 hours/ day, 7 days/ week, 365 days/ year, including holidays and weekends.

3. The Contractor shall respond to the City' s requests for towing, impound, and storage service within twenty ( 20) minutes from the time such request is received. An immediate response will be required for all emergency calls. Response time is the difference between the time the Contractor is contacted by the City and the time the tow truck arrives at the required location. The Contractor shall promptly notify the City if this response time cannot be met.

4. The Contractor must maintain adequate personnel, equipment, and facilities at all times to perform the required towing services, within the time frames outlined in the Request for Proposal for Towing Services, dated April 22, 2021, as incorporated herein by reference (" RFP") and this Agreement. While the Contractor has custody of vehicles, the Contractor will be responsible for their safekeeping, including their contents, until they have been released to the owner or owner' s agent, or disposed of in the manner the law permits.

B. Facilities. The Contractor must operate and maintain a business office and a primary storage lot within the City limits to allow for convenient access by City personnel and the public. The business office and primary storage lot must be in compliance with all specifications set forth in the RFP. The primary storage lot must also be in compliance with all other applicable City, State, and Federal regulations relating to the operation and maintenance of tow service business. The Contractor may operate a secondary storage lot within the City limits. The secondary storage lot must also be in compliance with the specifications set forth in the RFP and all applicable City, State, and Federal regulations relating to the operation and maintenance of a tow service business.

C. Equipment. The Contractor' s vehicles must be in compliance with the applicable provisions of the California Vehicle Code, applying to tow trucks ( 615 CVC), including, but not limited to, Sections 615, 21711, 24606, 25100, 27700, 27907, and all other regulations pertaining to lighting and safety equipment. 15 EXHIBIT A

SCOPE OF SERVICES
55414. 00000\ 342795 52. 2
D. Personnel. At its expense, the Contractor must have a sufficient number of properly licensed, trained, and qualified employees to perform the Services described in the RFP. The City may, at its discretion, conduct a background check at any time, in its sole and absolute discretion, of any employee that may include, but is not limited to: fingerprinting, a check of criminal convictions, credit history, driving history, and civil liens and judgments. If the City determines, through a background check, that an employee is not qualified to provide services to the City as specified in the RFP, the City will notify the Contractor in writing as to the City' s findings. Although the Contractor may retain the disqualified employee, the Contractor must not use or dispatch the disqualified employee for a service that proposer provides to the City pursuant to the Agreement.

The Contractor' s rates, charges, and fees for non- consensual towing, storage, or performing other Services under the Agreement must not exceed the rates, charges, and fees set forth by the City Council as provided in Resolution No. 2013-20, which is attached hereto as Exhibit " C," which Resolution may be amended from time to time by the City in its sole and absolute discretion. ( See Stanton Muni. Code, § 10. 02. 090.) Ill. CHAPTER 10. 02 OF STANTON' S MUNICIPAL CODE
The Contractor must abide by the City' s towing regulations established at Chapter 10. 02 of the City' s Municipal Code, which is incorporated herein by this reference. This includes, but is not limited to, the following:

A. Section 10. 02. 040 Rules and Specifications. The specific provisions in Section 10. 02. 040 and the written rules and specifications for towing services, drivers, and vehicle storage facilities. A copy of said rules and specifications is attached as Exhibit " D" and incorporated herein by reference.

B. Section 10. 02. 070 Towing Rotation List. If there is more than one ( 1) provider of towing services, the City' s established rotation system.

C. Section 10. 02. 100 Payment of Franchise Fees to City. Payment to the City of franchise fees as determined by the City Council to cover costs of the City' s towing program. A copy of the current franchise fees is attached as Exhibit " C" and incorporated herein by reference. Such franchise fees may be amended from time to time by the City in its sole and absolute discretion.
16 EXHIBIT A

SCOPE OF SERVICES
55414.00000\ 34279552. 2
EXHIBIT " B"

SCHEDULE OF SERVICES
The City contact the Contractor for the provision of Towing Services on an as -needed basis. 17 EXHIBIT B

SCHEDULE OF SERVICES
55414. 00000\ i4279552. 2
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EXHIBIT " C"
COMPENSATION — RESOLUTION NO. 2013- 20
18 EXHIBIT C
COMPENSATION ofsr`n
55414. 00000\ 34279552. 2
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RESOLUTION NO. 2013. 20

A RESOLUTION OF CITY COUNCIL OF THE CITY OF STANTON ESTABLISHING COST

RECOVERY FEES AND CHARGES FOR TOWING CARRIERS
WHEREAS, it is in the best interest of the public to provide the Code Enforcement Division with an expeditious means for the non- consensual removal of vehicles from the public rightsof-way or private property that are described herein, but not limited to vehicles that are:
damaged, disabled, obstructing traffic flow, blocking driveways or portions thereof, blocking fire -hydrants, have five or more unpaid parking tickets, expired registration, park in excess of 72 hours, parked in disabled spaces, or meet the circumstances permitting removal per the Stanton Municipal Code or California Vehicle Code through a non- exclusive franchise for towing for the removal of abandoned vehicles; and
WHEREAS, California Vehicle Code § 12110 authorizes public entities to require the payment of fees in connection with the award of a franchise for towing vehicles on behalf of the public entity for the purposes of reimbursing the City for Its actual and reasonable costs in connection with the rotational towing program; and
WHEREAS, Section 10. 02. 100 of the Stanton Municipal Code provides that all towing carriers selected to participate in the City' s towing rotation program shall pay to the City the administrative fees and charges for vehicles towed as determined by resolution of the City Council; and
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WHEREAS, the City has studied and analyzed the costs ii°ssdciated with, its towft' ,,rogram, including administrative, legal and enforcement costs, auditing and documenting costs, dally operational costs and other costs associated with enforcing the City' s towing regulations so that towing franchisees are charged fees sufficient to reimburse the City for the costs incurred in connection with its towing program; and
WHEREAS, the City has studied and reviewed the franchise fees charged by other cities to towing operators in connection with the award of a towing franchise to assure that the proposed cost recovery fees are reasonable; and
WHEREAS, the City has ( 1) made available to the public at least ten days prior to its public hearing, including data supporting the reasonableness of the fee; 2) mailed notice at least fourteen days prior to this meeting to all interested parties who have requested notice of new or increased fees; and 3) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fee; and WHEREAS, the City Council hereby determines that the proposed cost recovery fees to be charged by the City in connection with the award of a towing franchise are reasonable and necessary to reimburse the City for its actual and reasonable costs in connection with the towing program, including, but not limited to, administrative, legal and enforcement costs, auditing and documenting costs, daily operational costs and other costs associated with enforcing the City' s towing regulations; and
RESOLUTION NO. 2013- 20

Page 1 of 3 ends

Stanton City CouncilSeptember 9, 2025

Stanton City Council
September 9, 2025