RESOLUTION NO. 2026-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE, AND SERVICING OF
LIGHTING AND LANDSCAPING WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2026-27 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO
WHEREAS, on March 24, 2026, the City Council adopted Resolution No. 2026-06 initiating proceedings for the annual levy of assessments within Stanton Lighting and Landscaping District No. 1 and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code; and WHEREAS, pursuant to said Resolution, the City Council ordered the Engineer to prepare a report pursuant to Section 22565 et seq. of the Act; and WHEREAS, the Engineer did prepare and file such a report (the “Engineer’s Report”), with the City Clerk on the 7th of May, 2026; and
WHEREAS, on May 12, 2026, the City Council adopted Resolution No. 2026-13, preliminarily approving the Engineer’s Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: The City Council further finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly).
SECTION 2: The public interest and convenience require, and it is the intention of the City Council of the City of Stanton, to order the annual levy of assessments and to levy and collect said assessments within the exiting assessment district designated “Stanton Lighting and Landscaping District No. 1” (the “Assessment District”) for the fiscal year commencing July 1, 2026, and ending June 30, 2027, pursuant to the provisions of the Landscaping and Lighting Act.
SECTION 3: The improvements to be undertaken consist of the installation, maintenance, servicing and operations of those certain public lighting facilities and median islands located within the boundaries of the territory included in the Assessment District. The Assessment District designated as Stanton Lighting and Landscaping Attachment: A
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RESOLUTION NO. 2026-14
District No. 1 generally encompasses all of the territories within the City of Stanton, excepting from the assessment of said costs and expenses within the area described, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements and public rights-of-way, all public parkways, and all public property being used for public purposes, provided however notwithstanding the foregoing property owned by railroad and public utility companies not used for public purposes shall be included in the Assessment District and not be excluded from assessment pursuant to the aforesaid exceptions.
SECTION 4: That reference is hereby made to the report of the Engineer on file with the City Clerk and open for inspection, for a full and detailed description of the improvements, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District.
The Office of the City Clerk is located at 7800 Katella Avenue, Stanton, California 90680.
SECTION 5: That proposed installation, maintenance, servicing and operating in the opinion of the City Council of the City of Stanton will be of direct and special benefit to the property lying within the described boundaries of the Assessment District, as said Assessment District is described and defined in the Engineer’s Report.
SECTION 6: Pursuant to Section 22624 et seq. of the Act, the annual assessments for Fiscal Year 2026-27 are not proposed to increase from the previous year.
SECTION 7: NOTICE IS HEREBY GIVEN THAT TUESDAY, JUNE 9, 2026, AT THE HOUR OF 6:30 P.M., THE CITY COUNCIL WILL HOLD A PUBLIC HEARING WHERE
ALL INTERESTED PERSONS MAY BE HEARD CONCERNING THE ANNUAL LEVY
OF ASSESSMENTS AND ALL OTHER MATTERS PERTAINING THERETO,
WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE
CONCLUSION OF THE HEARING, ANY SUCH PROTEST SHALL STATE GROUNDS
OF THE OBJECTION AND IF FILED BY THE PROPERTY OWNER, SHALL CONTAIN A DESCRIPTION SUFFICIENT TO IDENTIFY THE PROPERTY.
SECTION 8: The City Clerk shall give notice of the date, time, and place of the hearing pursuant to law.
SECTION 9: All work proposed shall be done in accordance with the Act.
SECTION 10: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, ADOPTED, AND SIGNED this 12th day of May, 2026.
DAVID J. SHAWVER, MAYOR
RESOLUTION NO. 2026-14
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-14 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 12, 2026, and that the same was adopted, signed, and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 12, 2026
SUBJECT: ACCEPTANCE OF THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) GRANT FOR THE PUBLIC SAFETY
CENTER UPGRADES PROJECT
REPORT IN BRIEF:
The City of Stanton received an award letter from the U.S Department of Housing and Urban Development (HUD) confirming the award of the Economic Development Initiative (EDI) Community Project Funding (CPF) grant for the Public Safety Center Upgrades project in the amount of $1,000,000.
RECOMMENDED ACTION:
1. City Council declare the recommended actions to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect physical change in the environment; and
2. Accept the HUD EDI Community Project Funding grant (Federal Award Identification No. B-24-CP-CA-0148) authorizing the application of funds for the Public Safety Center Upgrades project (Task Code No. 2025-602) in the amount of $1,000,000.
BACKGROUND:
The CPF grant will be used to fund facility improvements to the City’s Public Safety Center (Sheriff Station) located at 11100 Cedar Street. The scope of work includes design, construction, and environmental services for the following items:
• Facility Assessment Report
• Sewer Line Replacement
• Interior walls and flooring restoration
• Ceiling tiles restoration
• Main entrance door replacement
• Patio pergola removal
• Interior and Exterior Painting
• Restroom renovation
Item: 9K
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2 ANALYSIS/JUSTIFICATION:
On April 10, 2026, the City of Stanton received an award letter from the U.S Department of Housing and Urban Development (HUD) for the EDI Community Project Funding (CPF) grant. Acceptance of the grant will allow the City to complete needed facility improvements using outside funding, reducing reliance on local resources.
Following grant acceptance, staff will issue a Request for Proposals for professional facility assessment, design and engineering services to prepare plans, specifications, cost estimates, and related implementation documents.
FISCAL IMPACT:
The current Fiscal Year 2025/2026 Capital Improvement Budget includes a budget of $1,000,000 for this project (Task Code No. 2025-602), with the primary source of funding for this project being the grant funding in the amount of $1,000,000. The Federal Grant will be accounted for in the Grants Fund 227 and transferred to the Capital Improvement Fund 305 to fund the project.
ENVIRONMENTAL IMPACT:
The recommended actions are categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect physical change in the environment.
LEGAL REVIEW:
None.
STRATEGIC GOAL:
Goal 3. Provide quality infrastructure.
PUBLIC NOTIFICATION:
Notifications were performed through the normal agenda process.
Prepared by: Han Sol Yoo, P.E., Principal Civil Engineer Reviewed by: Cesar Rangel, P.E., Public Works Director/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Grant Agreement
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
FEDERAL AWARD AGREEMENT
A. General Federal Award Information
1. Recipient name (must match Unique Entity Identifier
name) and address:
City of Stanton
7800 Katella Avenue,Stanton, CA 90680
12. Assistance listing number and title:
14.251 Economic Development Initiative,
Community Project Funding, and
Miscellaneous grants
2. Recipient's Unique Entity Identifier:
FPXRE3JFQTH8
13. Amount of federal funds obligated by this action:
$1,000,000.00
3. Tax Identification Number:
956005900
14. Total amount of federal funds obligated:
$1,000,000.00
4. Federal Award Identification Number (FAIN):
B-24-CP-CA-0148
15. Total approved cost sharing (if applicable):
5. Instrument type:
Grant Cooperative agreement
Loan Guarantee
16. Total federal award amount, including approved cost sharing:
$1,000,000.00
6. Period of performance start and end dates:
08/13/2024 - 08/31/2032
17. Budget approved by HUD:
$1,000,000.00
7. Budget period start and end dates:
08/13/2024 - 08/31/2032
18. Fiscal year:
FY 2024
8. Initial Agreement Amendment # 19. Statutory authority:
FY 2024 Consolidated Appropriations Act
9. Indirect cost rate (per § 200.414):
15%
20. Applicable appropriations act(s):
FY 2024 Consolidated Appropriations Act
10. Is this award for research and development (per 2
C.F.R. § 200.1)? Yes No
21. Notice/notice of funding opportunity this award is
made under (if applicable):
Not Applicable
11. Administering official name and contact information:
Adriane Clarke,
Acting CPD Field Office Director
22. Program regulations (if applicable):
Not Applicable
23. Federal award description:
Addendum 1. Policy Requirements
Addendum 2. Program-Specific Requirements
Addendum 3. Indirect Cost Rate Schedule
Attachment: A
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Authority and Agreement. This agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the statutory authority above (box 19) and is subject to the applicable appropriations act(s) (box 20). This agreement incorporates by reference the Terms and Conditions outlined in Section B below, all of Recipient’s required grant package documents, and the attached addenda (box 23).
B. Terms and Conditions
1. General terms and requirements. The Recipient must comply with all applicable federal laws, regulations, and requirements, unless otherwise provided through HUD’s formal waiver authorities. This agreement, including any attachments and addenda, may only be amended in writing executed by parties to this agreement and any addenda.
2. Administrative requirements. The Recipient must comply with the following requirement(s) if checked below:
The administrative requirements in the HUD General Administrative, National, and Departmental Policy Requirements and Terms for HUD’s Financial Assistance Programs 2025, as indicated in the relevant NOFO, apply to this agreement.
The grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Unique Entity Identifier (UEI); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 C.F.R. part 25, Universal Identifier and General Contractor Registration; and 2 C.F.R. part 170, Reporting Subaward and Executive Compensation Information.
3. Applicability of 2 C.F.R. part 200.
The Recipient must comply with the applicable requirements at 2 C.F.R. part 200, as may be amended from time to time. If any previous or future amendments to 2 C.F.R. part 200 replace or renumber any part 200 section cited in HUD’s regulations in Title 24 of the Code of Federal Regulations, the amended part 200 requirements will govern award activities carried out after the amendments’ effective date.
The Recipient must comply with the applicable requirements at 2 C.F.R. part 200. If any previous amendments to 2 C.F.R. part 200 replace or renumber any part 200 section cited in HUD’s regulations in Title 24 of the Code of Federal Regulations, the amended part 200 requirements will govern award activities carried out after the amendments’ effective date.
4. Future budget periods. If the period of performance spans multiple budget periods, subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance with the terms and conditions of the Federal award.
5. Indirect Cost Rate. If the Recipient intends to use a negotiated or de minimis rate for indirect costs, the Recipient must submit an Indirect Cost Rate form to HUD with this agreement using “Addendum #3 “Indirect Cost Rate Schedule” (formula and congressional grants). The submitted form/addendum will be incorporated into and made part of this agreement, provided that the rate information is consistent with the applicable requirements under 2 C.F.R. § 200.414. If there is any change in the Recipient’s indirect cost rate, it must immediately notify HUD and execute an amendment to this agreement to reflect the change if necessary.
6. Recipient integrity and performance matters. If the Federal share of this award is more than $500,000 over the period of performance (box 6), the terms and conditions in 2 C.F.R. part 200 Appendix XII apply to this agreement.
7. Recordkeeping and Access to Records. The Recipient hereby agrees to maintain complete and accurate books of account for this award and award activities in such a manner as to permit the preparation of statements and reports in accordance with HUD requirements, and to permit timely and effective audit. The Recipient agrees to furnish HUD such financial and project reports, records, statements, subrecipient data, and documents at such times, in such form, and accompanied by such reporting data as required by HUD.
HUD and its duly authorized representative shall have full and free access to all Recipient offices and facilities, and to all books, documents, and records of the Recipient relevant to the administration, receipt,
and use of this award and award activities, including the right to audit and make copies. The Recipient agrees to maintain records that identify the source and application of funds, including relevant subrecipient data, in such a manner as to allow HUD to determine that all funds are and have been expended in accordance with program requirements and in a manner consistent with applicable law.
Further, the Recipient hereby acknowledges that HUD is in the process of implementing new grants management and reporting tools, which will be made available for the Recipient’s use in the future. The Recipient agrees to report on grant performance and financial activities (including vendor and cash disbursement supporting details for the Recipient and its subrecipients) using these new tools when they are released. HUD will work with the Recipient to support the Recipient’s transition to this new reporting environment. Once implemented, timely reporting in this new environment will be mandatory. HUD reserves the right to exercise all of its available rights and remedies for any noncompliance with these grants management and financial reporting requirements, to include, without limitation, requiring 100% review, suspension of disbursements, and all other legally available remedies, to the furthest extent permitted by law, as amended.
8. Noncompliance. If the Recipient fails to comply with the provisions of this agreement, HUD may take one or more of the actions provided in program statutes, regulations or 2 C.F.R. § 200.339, as applicable. Nothing in this agreement shall limit any remedies otherwise available to HUD in the case of noncompliance by the Recipient. No delay or omissions by HUD in exercising any right or remedy available to it under this agreement shall impair any such right or remedy or constitute a waiver of or acquiescence in any Recipient noncompliance.
9. Termination provisions. Unless superseded by program statutes, regulations or NOFOs, the termination provisions in 2 C.F.R. § 200.340 apply.
10. Build America, Buy America. The Recipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. § 8301 note, and all applicable rules and notices, as may be amended, if applicable. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 Fed. Reg. 17001), BABA requirements apply to any infrastructure projects HUD has obligated funds for after the effective dates, unless excepted by a waiver.
11. Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste, or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). Allegations of fraud, waste, and abuse related to HUD programs can be reported to the HUD OIG hotline via phone at 1-800-347-3735 or online hotline form. The Recipient must comply with 41 U.S.C. § 4712, which includes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, recipient, and subrecipient—as well as a personal services contractor—who make a protected disclosure about a Federal award or contract cannot be discharged, demoted, or otherwise discriminated against if they reasonably believe the information they disclose is evidence of (1) gross mismanagement of a Federal contract or award; (2) waste of Federal funds; (3) abuse of authority relating to a Federal contract or award; (4) substantial and specific danger to public health and safety; or (5) violations of law, rule, or regulation related to a Federal contract or award.
12. Third-Party Claims. Nothing in this agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party.
13. Rule of Construction and No Construction Against Drafter. Notwithstanding anything contained in this agreement, the terms and conditions hereof are to be construed to have full and expansive effect in both interpretation and application, and the parties agree that the principle of interpretation that holds that ambiguities in terms or conditions are construed against the drafter shall not apply in interpreting this agreement.
C. Federal Award Performance Goals
The Recipient must meet any applicable performance goals, indicators, targets, and baseline data as required by applicable program requirements.
D. Specific Terms and Conditions Not applicable Attached For the U.S. Department of HUD
(name and title of authorized official)
Adriane Clarke
Acting CPD Field Office Director
Signature
Adriane Clarke
Date/ Federal Award Date
04/10/2026
For the Recipient
(name and title of authorized official)
Hannah Shin-Heydorn
City Manager/Authorized
Representative
Signature
Hannah Shin-Heydorn
Date
03/12/2026
ADDENDUM 1. POLICY REQUIREMENTS
If applicable:
1. The Recipient shall not use grant funds to promote “gender ideology,” as defined in Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;
2. The Recipient agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.S. Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code;
3. The Recipient certifies that it does not operate any programs that violate any applicable Federal antidiscrimination laws, including Title VI of the Civil Rights Act of 1964;
4. The Recipient shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and that,
5. Notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked.
6. The Recipient must administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws.
7. No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede enforcement of federal immigration statutes and regulations.
8. The Recipient must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States.
9. Faith-based organizations may be subrecipients for funds on the same basis as any other organization.
Recipients may not, in the selection of subrecipients, discriminate against an organization based on the organization’s religious character, affiliation, or exercise.
ADDENDUM 2. PROGRAM-SPECIFIC REQUIREMENTS
Assistance Listing Number 14.251, Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
1. Approved Budget. The Grantee must use the Federal funds as provided by the Approved Budget to carry out the Grantee’s “Project.” The Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. The Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement.
2. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Agreement. To request HUD’s approval for a change in the approved Project Narrative and/or Budget, the Grantee must follow HUD’s instructions for amending the Project Narrative and/or Project Budget found in the applicable Community Project Funding Grant Guide. The Grantee must submit a formal letter to HUD’s Office of Economic Development - Congressional Grants Division (CGD) Director through the assigned Grant Officer.
3. Pre-Award Costs. Funds may be used to reimburse costs (including administrative, planning, operations and maintenance, and other costs) incurred before execution of the grant agreement, provided that:
a. The soft costs are covered by HUD’s nationwide environmental review for CPF soft costs and are incurred on or after the enactment date of the respective Appropriation Act, or hard costs incurred on or after the enactment of the respective Appropriation Act have completed the required projectspecific environmental review; and b. The costs would otherwise meet the allowability criteria in 2 CFR 200.403(a) through (g).
4. Eminent Domain. No Federal funds provided under this award may be used to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communicationrelated, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107-118). Public use does not include economic development that primarily benefits private entities.
5. Restriction on Use of Funds for Computer Networks. No Federal funds provided under this award may be used to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
6. Environmental Review Requirements (24 CFR Part 50 or Part 58). All projects funded by HUD are subject to requirements under the National Environmental Policy Act (NEPA) and HUD’s NEPA-implementing regulations at 24 CFR Part 50 or 24 CFR Part 58. The Grantee must comply with applicable environmental review requirements. Environmental reviews must be completed, and a Request for Release of Funds and Certification must be approved by HUD CPD Field Office Director through issuance of the Authority to Use Grant Funds (HUD-7015.16), as applicable, prior to taking any choice limiting action, to avoid violations under 24 CFR 58.22 which prohibits limitations on activities pending clearance, and Section 110(k) of the National
Historic Preservation Act which prohibits anticipatory demolition or significant harm of historic properties prior to completion of the historic preservation review process known as Section 106 review.
7. Section 3 Requirements (24 CFR Part 75). The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Performance Measures in DRGR in January of the calendar year.
8. Uniform Relocation Assistance and Real Property Acquisitions Policies Act. Unless the Grantee is a Federally recognized Tribe, the Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR
24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance.
9. Generally Applicable HUD requirements (24 CFR Part 5, subpart A and 24 CFR 1000.12). Grantees and their subrecipients must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. Grants to Tribes and TDHEs are subject to the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a).
10. Suspension and Debarment. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
11. Drug-Free Workplace. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
12. Trafficking in Persons. The Grantee must comply with the award term in Appendix A of 2 CFR part 175, which is also included in the applicable Community Project Funding Grant Guide.
13. Conflicts of Interest. In the procurement of property or services by recipients and subrecipients, the conflictof-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c) shall apply. In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), recipients and subrecipients must follow the requirements contained in paragraphs ii-v of the “Conflict of Interest” section in the applicable Community Project Funding Grant Guide.
14. Lead Based Paint Requirements. If grant funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, the Grantee must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
15. Program Income Conditions. In accordance with 2 CFR 200.307, costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs
have not been charged to the grant. As authorized under 2 CFR 200.307, program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. Any program income that cannot be expended on allowable costs under this Grant Agreement must be reported and paid to HUD within 120 days after the period of performance, unless otherwise specified by an applicable Federal statute.
16. Prohibition Against Lobbying Activities. Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87 apply to all CPF grantees except Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power. The Byrd Amendment and 24 CFR part 87 prohibit recipients of federal awards from using appropriated funds for lobbying the executive or legislative branches of the Federal government in connection with a Federal award.
17. Drawdown Requirements. CPF grant funds may be used to reimburse costs incurred during the performance period given in the grant agreement. The Grantee must expend all Grant Funds in accordance with the approved project narrative and budget attached with the grant agreement.
18. Performance and Financial Reporting Requirements. The Grantee must submit a performance and financial report on a semi-annual basis. Performance reports shall consist of a narrative of work accomplished during the reporting period. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website (https://grants.gov/forms/forms-repository/post-award-reporting-forms). During the Period of Performance, the Grantee must submit these reports no later than 30 calendar days after the end of the 6-month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD. No drawdown of funds will be allowed while the Grantee has an overdue performance or financial report.
19. Real and personal property reporting requirements. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (https://grants.gov/forms/forms-repository/postaward-reporting-forms). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311, 200.312, and 200.314.
20. Project Closeout. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement. The Grantee must submit to HUD a written request to close out the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in the Project Narrative and Budget attached to the Grant Agreement. HUD will then send the Closeout Agreement to the Grantee. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on site inspection of property acquired or improved with grant funds. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the Grant closeout agreement, as well as the final financial, performance and property reports.
ADDENDUM 3. INDIRECT COST RATE SCHEDULE
As the duly authorized representative of the Grantee, I certify that the Grantee:
Will not use an indirect cost rate to calculate and charge indirect costs under the grant.
X Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time.
Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs.
Agency/Dept./Major Function Indirect cost rate Direct Cost Base Deminimus 15%
Instructions for the Recipient:
The Recipient must mark the one (and only one) checkbox above that best reflects how the Grantee’s indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients.
The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter “MTDC” in the “Type of Direct Cost Base” column.
If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.
If the Grantee is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied.
To learn more about the indirect cost requirements, see 2 C.F.R. part 200, subpart E and Appendix VII to Part 200 (for state and local governments).
NARRATIVE
The CPF grant will be used to fund costs associated with upgrading the City’s Public Safety Center – Sheriff Station in Stanton, CA. The scope of work includes design and construction of the following elements: o Facilities assessment report o Sewer line replacement o Interior walls and flooring restoration o Ceiling tiles restoration o Main entrance door replacement o Patio pergola removal o Interior and Exterior Painting o Restrooms renovation o Roof replacement This project is not part of a larger project.
The phases of the project include: 1. Design: The City of Stanton will issue a Request for Proposals (RFP) to retain an experienced team to provide Plans, Specifications, and Estimates (PS&E), a complete bid package, and procurement of necessary permits for the project. The RFP is anticipated to be released shortly after the finalization of the grant contract documents (approximately in January 2024). 2.
Construction The City of Stanton will request bids for the construction of this project based on the final plans, specifications, and cost estimates provided in the design phase. Qualified bidders will be required to abide by all CPF and City of Stanton requirements and should complete the construction of the project in a timely manner.
3. Environmental The City will solicit an environmental review to adhere to requirements in the National Environmental Policy Act (NEPA) including applicable State and City environmental requirements to attain clearances as part of the RFP phase. Based on the type of facility improvements that will be performed with this project a categorical exemption will be filed to comply with NEPA and CEQA procedures. Efforts on this project are expected to commence with the issuance of a Request for Proposals (RFP) for Design that will be released upon acceptance of the Project Narrative and Budget. The anticipated RFP due date is February 18, 2025.
Design efforts are expected to be completed and accepted by December 9, 2025. A request for bids will be issued with a due date of February 24, 2026. Construction efforts are expected to be completed and accepted by December 22, 2026.
Procurement of any kind has not taken place.
Project Address : 11100 Cedar St, Stanton, CA 90680
The City of Stanton will request bids for the construction of this project based on the final plans, specifications, and cost estimates provided in the design phase. The CPF grant will be used to fund costs associated with the upgrading the City’s Public Safety Center – Sheriff Station located at 11100 Cedar Street in Stanton, CA. The scope of work includes design and construction of the following elements: o Sewer line replacement o Interior walls and flooring restoration o Ceiling tiles restoration o Main entrance door replacement o Patio pergola removal This project is not part of a larger project.
APPROVED BUDGET
SF424 – ESTIMATED FUNDING
Funding Name Amount
Federal Estimated Funding $1,000,000.00
Applicant Estimated Funding $.00
State Estimated Funding $.00
Local Estimated Funding $.00
Other Estimated Funding $.00
Program Income Estimated Funding $.00
Total $1,000,000.00
CPF – ESTIMATED FUNDING
Funding Source Estimated Funding
Design – Plans, Specifications, Cost
Estimates (PS&E)
$140,000.00
Environmental $21,000.00
Construction $749,000.00
Indirect Cost $90,000.00
Total $1,000,000.00
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 12, 2026
SUBJECT: ACCEPTANCE OF THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) FEDERAL HIGHWAY ADMINISTRATION (FHWA) GRANT
FOR THE VISION ZERO ACTION PLAN PROJECT
REPORT IN BRIEF:
As part of the Safe Streets and Roads for All (SS4A) program, USDOT’s FHWA is looking to work with local agencies through grant funding to prevent roadway deaths and serious injuries. The City of Stanton was selected to receive $160,000 in grant funding for the City’s Vision Zero Action Plan Project.
RECOMMENDED ACTION:
1. City Council declare the recommended actions to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect physical change in the environment; and
2. Accept the USDOT FHWA Grant (Federal Award No. 693JJ32640120) authorizing the application of funds for the Vision Zero Action Plan (Task Code No. 2025-102) in the amount of $160,000.
BACKGROUND:
The U.S. Department of Transportation (USDOT) Safe Streets and Roads for All (SS4A) program provides grants to local, regional, and Tribal communities for implementation, planning, and demonstration activities as part of a systematic approach to prevent deaths and serious injuries on the nation’s roadways.
This project will establish an Action Plan for safety improvements based on collision history, existing roadway infrastructure, roadway types, and roadway users.
On February 25, 2025, City Council approved the USDOT FHWA Grant Agreement and authorized the City Manager to bind the City of Stanton and the USDOT’s FHWA in a contract to implement the project.
Item: 9L
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2 ANALYSIS/JUSTIFICATION:
On April 23, 2026, the Agreement was fully executed which binds the City of Stanton and the USDOT’s FHWA in a contract to implement the project. This funding will support the citywide assessment concerning safety conditions and investigation of opportunities for public infrastructure upgrades to improve roadway safety and collision rates.
Following acceptance of the grant, staff will issue a Request for Proposals (RFP) from qualified consultants to conduct the citywide analysis of principal and collector arterial streets to develop an appropriate Action Plan for future improvements.
FISCAL IMPACT:
The current Fiscal Year 2025/2026 Capital Improvement Budget includes a budget of $200,000 for this project (Task Code No. 2025-102), with the primary source of funding for this project being the grant funding in the amount of $160,000 and the City match requirement of $40,000. The Federal Grant will be accounted for in the Grants Fund 227 and transferred to the Capital Improvement Fund 305 to fund the project.
ENVIRONMENTAL IMPACT:
The recommended actions are categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect physical change in the environment.
LEGAL REVIEW:
None.
STRATEGIC GOAL:
Goal 3. Provide quality infrastructure.
PUBLIC NOTIFICATION:
Notifications were performed through the normal agenda process.
Prepared by: Han Sol Yoo, P.E., Principal Civil Engineer Reviewed by: Cesar Rangel, P.E., Public Work Director/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Grant Agreement
RYAN JOSEPH
BUCK
Digitally signed by RYAN
JOSEPH BUCK
Date: 2026.04.23 15:05:16
-04'00'
Attachment: A
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1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 12, 2026
SUBJECT: APPROVE RESOLUTION NO. 2026-12 AUTHORIZING THE ESCHEATMENT OF UNCLAIMED PROPERTY TO THE CITY’S
GENERAL FUND
REPORT IN BRIEF:
Pursuant to Policy No. IV-4-15, the Finance Department issued a public notification to the public regarding unclaimed checks which have been held over three (3) years.
Exhibit A represents checks that have not been claimed and shall now become the property of the City and transferred to the General Fund.
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. Adopt Resolution No. 2026-12, authorizing the Finance Director to escheat unclaimed checks and recognize revenue in the General Fund totaling $2,380.42 pursuant to Administrative Policy No. IV-4-15, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
AUTHORIZING THE ESCHEATMENT OF UNCLAIMED PROPERTY TO
THE CITY OF STANTON GENERAL FUND IN ACCORDANCE WITH
APPLICABLE LAW.”
BACKGROUND:
On June 11, 2024, the City Council approved Administrative policy IV-4-15. This policy outlines how the City of Stanton handles unclaimed money in compliance with California Government Code Sections 50050-50056. Unclaimed funds that are not the City's property, excluding victim restitution, may be claimed by rightful owners within three years. After this period, the funds are advertised publicly and, if still unclaimed after 45 Item: 9M
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2 days, become the City's property. Restitution to victims unclaimed after three years is used for victim services or deposited into the Restitution Fund. Unclaimed funds, once transferred, return to their original accounts or, if legally allowed, to the General Fund.
FISCAL IMPACT:
The cost of the public notification of $998.98 was funded by the Finance Department’s Fiscal Year 2025/26 Operating Budget. If the resolution is approved, General Fund revenues in Fiscal Year 2025/26 will increase by $2,380.42.
ENVIRONMENTAL IMPACT:
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).
LEGAL REVIEW:
None.
STRATEGIC GOAL:
None.
PUBLIC NOTIFICATION:
Through the normal agenda notification process. In addition, on April 28, 2026, the Office of the City Clerk posted the notice at the following locations: Stanton City Hall, Stanton Community Services Center (Family Resource Center), United States Post Office (Stanton), and online at www.StantonCA.gov (City of Stanton Website). The notice was also published in The Orange County Register on April 28, 2026, and May 7, 2026.
Prepared by: Khalid Sarsak, Accounting Technician
Reviewed by: Sharon Del Rosario, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Resolution No. 2026-12
RESOLUTION NO. 2026-12
RESOLUTION NO. 2026-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, AUTHORIZING
THE ESCHEATMENT OF UNCLAIMED PROPERTY TO THE CITY OF STANTON
GENERAL FUND IN ACCORDANCE WITH APPLICABLE LAW
WHEREAS, under applicable state law, Government Code Section 50050 et seq., property that remains unclaimed by its rightful owner for a specified period shall be considered abandoned and subject to escheatment to the City of Stanton; and WHEREAS, the City Council has, in addition, established a policy on how the unclaimed funds will be returned in accordance with State law; and WHEREAS, the City Council, in the administration of its responsibilities, has accumulated certain unclaimed properties, including but not limited to unclaimed funds, checks, bonds, security deposits, or tangible personal property, which have not been claimed by their rightful owners despite reasonable efforts to notify such individuals or entities; and WHEREAS, the City of Stanton has conducted appropriate due diligence, including notice to potential claimants, and has fulfilled all legal requirements to identify and notify the owners of such unclaimed property identified in Exhibit “A” to this resolution; and WHEREAS, in accordance with the applicable escheatment laws, policies, and regulations, the City of Stanton may transfer the unclaimed property to the City of Stanton General Fund after the expiration of the legally prescribed holding period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The City of Stanton is hereby authorized and directed to escheat and transfer all unclaimed property held by the City of Stanton for the statutory period, as identified in Exhibit “A” to this resolution, to the City of Stanton General Fund as permitted by Government Code Section 50050 et seq.
SECTION 2: The Finance Director, or their designee, is hereby authorized and directed to take any and all actions necessary to carry out the escheatment of unclaimed property, including the preparation of reports and the execution of all necessary documents as required by law.
SECTION 3: This resolution shall be effective immediately upon adoption.
ADOPTED, SIGNED AND APPROVED this 27th day of April, 2026.
DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2026-12
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-12 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on April 27, 2026, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
Check No Vendor Name Check Date Amount Fund
134813 HERMAN'S ROOFING 02/24/22 $ 378.00 101
134857 FRANCISCO ACEVES 03/10/22 $ 180.00 101
135125 SHIRLEY CHENG 05/19/22 $ 41.00 101
135656 VAN-GIO PHAM 09/22/22 $ 316.00 101
135672 ADITYA RUDRA 10/06/22 $ 85.00 101
135846 DE LAGE LANDEN FINANCIAL SRVC, INC 11/17/22 $ 1,189.42 101 136272 JESUS J. CHACON MENDOZA 03/09/23 $ 41.00 101
136318 BRENDA CASTANEDA 03/23/23 $ 150.00 101
Total Escheated Checks: $ 2,380.42
ESCHEAT CHECKS BY FUND
Exhibit: A
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 12, 2026
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO EMPIRE PIPE CLEANING AND EQUIPMENT, INC. FOR SANITARY SEWER AND
STORM DRAIN CLEANING SERVICES FOR THE CITY OF STANTON
REPORT IN BRIEF:
As the current contract is set to expire on June 30, 2026, City staff released a Request for Proposal (RFP) soliciting proposals to provide sewer and storm drain cleaning services citywide. Following review and evaluation of seven proposals, staff recommends awarding a Professional Services Agreement to Empire Pipe Cleaning and Equipment, Inc. for professional sanitary sewer and storm drain cleaning services.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as maintenance of existing public utilities; and
2. Award a professional service agreement to Empire Pipe Cleaning and Equipment, Inc. to provide professional sewer and storm drain cleaning services for three years in the amount not-to-exceed $1,260,000 or $420,000 annually; and
3. Authorize the City Manager to bind the City of Stanton and Empire Pipe Cleaning and Equipment, Inc. in a contract to provide the services.
BACKGROUND:
The City is responsible for maintaining 270,000 linear feet of sewer pipes and 186 catch basins throughout the City. Routine maintenance is necessary to prevent sewer overflows and/or flooding. In addition, under the City’s NPDES permit, the City is required to clean all the catch basins once a year. Occasionally, on-call emergency services are necessary, examples include using CCTV to assess the condition of storm drain pipes after a fire, sanitary sewer overflows, sewer point repairs, and other items which are covered in the proposed agreement.
Item: 9N
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2 ANALYSIS/JUSTIFICATION:
A Request for Proposals was issued on March 5, 2026 with a proposal due date of April 8, 2026. Seven firms provided proposals: ASAP Construction, Inc., Downstream Services, Inc., Empire Pipe Cleaning & Equipment, Inc., Mattucci Plumbing, Inc., Pipe Tec, Inc., Sewer Stormers, and Sewer Tech Corp.
An internal City review committee consisting of the Principal Civil Engineer, Facilities Maintenance Supervisor, and Senior Public Works Inspector evaluated the proposals.
Based on a total possible score of 100 points, the review committee established their scoring and ranking on criteria that included past performance record, approach to work, and cost control. The contractors were ranked as follows:
Rank Contractor Fee Proposal*
1 Empire Pipe Cleaning and
Equipment, Inc $ 395,762.30
2 Downstream Services, Inc. $ 663,685.00
3 Pipe Tec, Inc. $ 783,080.00
4 Sewer Tech Corp $ 485,632.00
5 Mattucci Plumbing, Inc. $ 1,121,452.42**
6 Sewer Stormers $ 495,580.00
7 ASAP Construction, Inc. $ 821,329.80
*The fee proposal amount is based on annual routine maintenance costs for sewer and storm drain cleaning services.
**The fee proposal submittal had clerical error(s) regarding their line items, so their fee proposal amount is based on the sum of their submitted item cost.
Per the City’s Purchasing and Contracting Guidelines, proposals must be evaluated using the Qualification-Based Selection process in accordance with Public Law 92-582, which requires that the selection of professional services be based on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services at a fair and reasonable price.
Based on the results of the RFP process, Empire Pipe Cleaning and Equipment, Inc. demonstrates competence through their proposal and are qualified to provide professional sewer and storm drain cleaning services. In addition, Empire Pipe Cleaning and Equipment, Inc. has served the City in a similar capacity before. Empire Pipe Cleaning and Equipment, Inc. has successfully provided similar services to other agencies such as the Garden Grove Sanitary District, Los Angeles County Department Public Works Sewer Maintenance Division, and Midway City Sanitary District.
Staff recommends entering into a three (3) year professional services agreement with two (2) optional one-year extensions with Empire Pipe Cleaning and Equipment, Inc. in the amount not-to-exceed $1,260,000 or $420,000 annually. Due to unforeseen on-call emergency services, a healthy contingency has been included in this contract. However, this does not mean all the contingency will be used if it is not needed. This contract encompasses routine maintenance as well as on-call emergency services. 3 FISCAL IMPACT:
The Fiscal Year 2026-27 Operating Budget will include costs for these services: Account No. 101-3600-606100 for catch basin maintenance services and Account No. 501-3700- 608135 for the sewer maintenance services. All future year contract costs will be included as part of the annual budget.
ENVIRONMENTAL IMPACT:
The project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as maintenance of existing public utilities.
LEGAL REVIEW:
None.
STRATEGIC GOAL:
Goal 3. Provide quality infrastructure
PUBLIC NOTIFICATION:
Notifications were performed through the normal agenda process.
Prepared by: Han Sol Yoo, P.E., Principal Civil Engineer Reviewed by: Cesar Rangel, P.E., Public Works Director/City Engineer Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENT:
A. Professional Services Agreement
CITY OF STANTON
PROFESSIONAL SERVICES AGREEMENT
FOR
SANITARY SEWER AND STORM DRAIN CLEANING SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Empire Pipe Cleaning & Equipment, Inc., a CORPORATION, with its principal place of business at 1788 N. Neville Street, Orange, CA 92865 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional sanitary sewer and storm drain cleaning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional sanitary sewer and storm drain cleaning services to public clients, is licensed in the State of California, and is familiar with the project.
2.2 Project.
City desires to engage Consultant to render such services for the Sanitary Sewer and Storm Drain Cleaning project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional sanitary sewer and storm drain cleaning services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2029, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Attachment: A
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Craig Van Thyne.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder.
Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Craig Van Thyne, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules, and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement, or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary, and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, as applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION TWO-HUNDRED SIXTY THOUSAND DOLLARS ($1,260,000.00) (“Total Compensation”) for the entire term of the contract, and shall not exceed FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000.00) annually without written approval of City’s Director of Public Works. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Empire Pipe Cleaning & Equipment, Inc.
1788 N. Neville Street
Orange, CA 92865
Attn: Craig Van Thyne
City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Cesar Rangel, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost, or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify, and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants, or agents in connection with the performance of the Consultant's Services, the Project, or this Agreement, including, without limitation, the payment of all damages, expert witness fees and attorney fees, and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates, or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.
CITY OF STANTON EMPIRE PIPE CLEANING & EQUIPMENT,
INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Name:
Title:
ATTEST:
By:
Patricia Vazquez
City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
By:_________________________________
Best Best & Krieger LLP
City Attorney
EXHIBIT “A”
SCOPE OF SERVICES
REQUEST FOR PROPOSALS (RFP)
FOR
SANITARY SEWER AND STORM DRAIN CLEANING SERVICES
City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680
(714) 379-9222 | StantonCA.gov
Approved for Advertising:
______________________
Cesar Rangel, P.E.
Public Works Director/City Engineer
[email protected]
(714) 890-4203
KEY RFP DATES (Subject to Change):
Issue Date: Thursday, March 5, 2026
Deadline for Questions: Thursday, March 19, 2026, at 4:00 p.m.
Proposal Due Date: Wednesday, April 8, 2026, at 10:00 a.m.
Presentation/Interviews: TBD (as necessary)
TABLE OF CONTENTS
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION……………………………………….…3 SECTION II. BACKGROUND………………………………………………………………………………………….…3 SECTION III. SCOPE OF SERVICES……………………………………………………………………………….…4 SECTION IV. SUBMISSION REQUIREMENTS……………………………………………………………….….4 SECTION V. SELECTION CRITERIA…………………………………………………………………………….….6 SECTION VI. SELECTION PROCESS………………………………………………………………………….……7 SECTION VII. SUBMISSION DEADLINE…………………………………………………………………………..7 SECTION VIII. REQUESTS FOR ADDITIONAL INFORMATION……………………………………...8 SECTION IX. TAXES AND LICENSES………………………………………………………………………….…..9 SECTION X. PAYMENT TO CONTRACTOR…………………………………………………..……………….9 SECTION XI. INSURANCE………………………………………………………………………………………………..9 SECTION XII. TERMINATION FOR CONVENIENCE OF THE CITY…………………………………10 SECTION XIII. INDEPENDENT CONTRACTOR………………………………………………………….……11 SECTION XIV. CONTRACT………………………………………………………………………………………….….11 SECTION XV. GENERAL CONDITIONS……………………………………………………………………….….11 SECTION XVI. PREVAILING WAGE………………………………………………………………………………..12
EXHIBIT A: SCOPE OF WORKS
EXHIBIT B: RATE SCHEDULE
EXHIBIT C: PROPOSAL ACKNOWLEDGEMENT FORM
EXHIBITD: SAMPLE PROFESSIONAL SERVICES AGREEMENT
I. GENERAL DESCRIPTION AND INTRODUCTION
The City of Stanton (“City”) is requesting proposals from qualified contractors to provide sanitary sewer and storm drain cleaning services.
Proposals must conform to the requirements of this Request for Proposal (RFP) and proposals must be submitted in a sealed envelope to the Department of Public Works and Engineering no later than 10:00 a.m. on Wednesday, April 8, 2026. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The city alone, using the criteria determined by the city, will select the qualified candidate.
The successful Contractor will be required to enter into an agreement with the city, which will include the requirements of this RFP, as well as other requirements to be specified at a later date. By submitting a proposal, the Contractor agrees to all the terms of this RFP.
Please direct any questions by the deadline for questions listed on the cover page of this RFP to Han Sol Yoo, P.E., Principal Civil Engineer, via email at [email protected].
II. BACKGROUND
The City currently operates and maintains a sewer collection system that serves the City and portions of the adjacent Cities of Anaheim, Garden Grove and Unincorporated County. This network of sanitary sewers serves approximately 39,000 residents and is comprised of approximately 50.5 miles of pipes with approximately 1,100 manholes and cleanouts, which a portion of the infrastructure is located on Beach Blvd. (Caltrans rightof-way) The City also owns and maintains approximately 185 catch basins.
As part of this preventative maintenance program, the City desires that the entire Sanitary Sewer System be cleaned annually. In addition, there are numerous locations that will require cleaning twice a year (EXHIBIT A). The intent of sewer line cleaning is to remove roots, grease, and other foreign materials from the lines and restore the sewer to the original carrying capacity.
As part of this preventative maintenance program, the scope of work includes the catch basins to be cleaned once a year (before the wet season).
III. SCOPE OF SERVICES
The City of Stanton (“City”) is requesting proposals from qualified professional contractors for a minimum of three years, with an option to extend for two additional one-year term. The sewer and storm drain cleaning / maintenance services listed on the Scope of Work shall begin July 1, 2026; and therefore, the Contractor’s submitted proposal shall be valid till the start of services.
The work to be done, in general, consists of cleaning and emergency responses of the sewer and catch basins for locations that are the responsibility of the City of Stanton in accordance with this Scope of Work. The Contractor is to furnish all tools, equipment apparatus, facilities, labor services and material, and perform all work necessary to maintain in a good and workmanlike manner the City’s sewer system and catch basins.
The Contractor shall provide a photo log and written inventory of all maintenance items.
Exhibit A further lists the Scope of Work and locations of the high frequency maintenance locations, siphons and catch basins. The various locations shown in Exhibit A may change as provided in this Scope of Work.
IV. SUBMISSION REQUIREMENTS
Proposals and all other information and documents submitted in response to this RFP are subject to the California Public Records Act, which generally mandates the disclosure of documents in the possession of the City upon the request of any person, unless the content of the document falls within a specific exemption category.
Three (3) copies of the Proposal must be submitted containing the following elements:
• Proposers must submit three (3) bound copies of their proposal to the City for review.
• 8‐1/2" x 11" sheet sizes should be used for the text, with 11" x 17" sheet sizes for any fold‐out drawings.
• The proposal shall be limited to twenty-five (25) pages. Resumes for proposed personnel, tabs, and cover/back pages will not be counted towards the page limit. • Proposals should be as concise as possible and specific to this project. Lengthy narratives are discouraged and proposers should NOT include any unnecessarily elaborate promotional material.
LETTER OF TRANSMITTAL
A Letter of Transmittal shall be addressed to Han Sol Yoo, P.E., Principal Civil Engineer, and, at a minimum, must contain the following information:
• Identification of the proposing Contractor who will have contractual responsibility with the City. Identification shall include the legal name of the company, corporate address, telephone number, and email address of the contact person identified during the period of proposal evaluation.
• A statement representing that the Contractor has thoroughly examined and become familiar with the work required in this RFP and is capable of performing quality work to achieve the objectives of the City.
• Acknowledgement of receipt of all addenda, if any.
• A statement to the effect that the proposal shall remain valid for till the start of the contract term.
• Signature of the official authorized to bind Contractor to the terms of the proposal.
• Signed statement attesting that all information submitted with the proposal is true and correct.
WRITTEN PROPOSAL
The Proposal shall consist of the following sections:
1. Letter of Transmittal. Contents of the Letter of Transmittal listed above.
2. Firm Structure and History. Including the firm’s experience managing projects similar in magnitude and scope, key personnel and structure (organization chart), credentials, background, and ownership of the firm.
3. Key personnel. List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm’s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed to the project. The City must approve changes to key personnel committed to work on the project subsequent to award of contract. Resumes must be submitted for key personnel who will be assigned to this project.
4. A narrative briefly describing the proposed approach using general descriptions for the activities.
5. A list of proposed sub-consultants, sub-contractors, suppliers, and manufacturers, including their qualifications pertinent to this project.
6. A client reference list from previous City / Government Agency projects of similar scope and magnitude. List should include key personnel-contacts and their position with the agency.
7. Evidence of compliance with City insurance requirements.
8. Exceptions and Deviations. Contractor shall state any exceptions or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where the Contractor wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these shall be thoroughly explained. If no contractual exceptions are noted, Contractor will be deemed to have no objection to the contract requirements as set forth in EXHIBIT D, “Sample Professional Services Agreement.”
9. Proposal Acknowledgement Form. Contractor shall complete and submit EXHIBIT C, “Proposal Acknowledgement Form.” Failure to submit this signed form will result in the disqualification of the Contractor’s proposal.
SEPARATE FEE PROPOSAL
Contractor fee schedule included with the submittal but in a separate sealed envelope.
The proposal shall include the Rate Schedule (EXHIBIT B).
Additional information can be found under Section X, “Payment to Contractor” below.
V. SELECTION CRITERIA
Submitted proposals will be evaluated based on the following factors, but may not be limited to just these factors:
Criteria Approximate
Weight
Staffing Capabilities / Technical Competence. Candidates shall have knowledge of managing NPDES and FOG programs. Available resources to perform the requested services, as well as an understanding of the practices, applicable laws and state permits; codes and standards applicable to public works and facility operations.
15%
Approach to Work. Methodology to be implemented to address and coordinate the various elements within the program.
35%
Past Performance Record. Experience in completion of services of similar complexity and scale for other agencies within Southern 35%
California is desirable. Efficiency and timeliness in completion of program requirements.
Cost. Reasonableness of the firm’s fixed price and or hourly rates, and competitiveness of quoted firm-fixed prices with other proposals received.
10%
Exceptions and deviations from the City’s standard Professional Services Agreement. 5%
VI. SELECTION PROCESS
Per California law, the procurement of Professional Services must be selected on the basis of qualifications, or Qualifications Based Selection (QBS) in accordance with Public Law 92-582. The procurement of Professional Services can be one-time or multi-year.
Professional services contracts have provisions for specific terms, compensation amounts, and scopes of services.
The City reserves the right to require in-person interviews with Contractors, if deemed necessary, after the evaluation of the written proposals. In this case, the Contractors of the three (3) highest-scoring written proposals will be invited to interviews prior to final selection of the Contractor.
Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The city may reject any proposal if it is conditional, incomplete, or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the Contractor from compliance with the contract requirements if the Contractor is awarded the contract.
The successful Contractor to whom work is awarded shall, within ten (10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within the ten (10)-day window shall be just cause for the City to contract with the next responsible Contractor.
VII. SUBMISSION DEADLINE
In order to be considered, the Contractor must submit three (3) copies of the Proposal and one (1) copy of the separate Fee Proposal to the following office:
City of Stanton
Public Works & Engineering Department
7800 Katella Avenue
Stanton, CA 90680-3162
Attention: Han Sol Yoo, P.E., Principal Civil Engineer
The proposal outer envelope shall be labeled:
PROPOSAL FOR SANITARY SEWER AND STORM DRAIN CLEANING SERVICES The proposal must be received at the office listed above no later than the date and time listed on the cover.
There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and disregarded.
The City reserves the right to retain all proposals submitted, and to use any idea in a proposal, regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm.
All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement, shall be vested in the City.
VIII. REQUESTS FOR ADDITIONAL INFORMATION
All questions and/or inquiries regarding this RFP shall be directed to:
Han Sol Yoo, P.E.
Principal Civil Engineer
City of Stanton
7800 Katella Avenue
Stanton, CA 90680-3162
(714) 890-4204
Email: [email protected]
All questions and/or inquiries shall be submitted by Thursday, March 19, 2026 at 4:00 P.M.
Contractors are responsible for verifying receipt of any addenda issued. We are aware some of our e-mails go to “junk”. Verify any addenda was issued by contacting Cesar Rangel by e-mail or telephone. Confirmation of receipt of all addenda is part of the Proposal Acknowledgement Form (EXHIBIT C).
IX. TAXES AND LICENSES
All taxes and licenses, including, but not limited to, a Stanton City Business License and appropriate Contractor’s license, required for this work shall be obtained at the sole expense of the Contractor.
X. PAYMENT TO CONTRACTOR
The Contractor will be paid monthly for satisfactory work performed under this contract.
On or about the first of each month, the Contractor shall submit a detailed invoice and all reports required in the Agreement for work performed in the prior month.
1. This invoice shall be in accordance with the contract price and shall become the basis for payment.
2. This invoice shall be subject to review and approval by the Engineer.
3. All submitted invoices will be paid within 30 days of approval by the Engineer.
4. Any charges in the invoice not approved by the Engineer shall not be paid by the City.
XI. INSURANCE
A. The Contractor shall have Commercial General Liability insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
B. The Contractor shall have Automobile Insurance for owned and non-owned automotive equipment in the amount of not less than $1,000,000.
C. The selected firm shall furnish the City a certificate evidencing Workmen’s Compensation Insurance with limits of no less than $1,000,000 per accident and Comprehensive Professional Liability with limits no less than $2.000,000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.
D. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
“Solely as respect to services done by or on behalf of the named insured for the City of Stanton, it is agreed that the City of Stanton, the Successor Agency of the City of Stanton, its officers, employees, and agents are all included as additional insured under this general liability policy, and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Stanton, its officers and employees, and its agents, under any third-party liability policy.” E. It is the Contractor’s responsibility to ensure that all sub-Contractors comply with the following:
Each sub-Contractor that encroaches within the City’s right-of-way and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City. Examples of such subContractor work include soil sample borings, utility potholing, etc.
XII. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the “Professional Services Agreement” for the “convenience of the City” at any time by giving ten (10) days written notice to the Contractor of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes, and other materials produced and procured by the Contractor under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Contractor within ten (10) working days from the date of such termination. The City will reimburse the Contractor for all acceptable work performed as set forth in the executed Agreement.
XIII. INDEPENDENT CONTRACTOR
The Contractor’s relationship to the City in the performance of the Contractor’s services for this project is that of an independent contractor. The personnel performing said services shall at all times be under the Contractor’s exclusive direction and control and shall be employees of the Contractor, not employees of the City. The Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of said work, and shall be responsible for all employee reports and obligations, including, but not limited to, Social Security, income tax withholding, unemployment compensation, and Workers’ Compensation.
XIV. CONTRACT
The Contract includes the Professional Services Agreement, the City’s RFP, the Contractor’s Proposal, and Exhibits.
The Political Reform Act and the City’s Conflict of Interest Code require that Contractors be considered as potential filers of Statements of Economic Interest. Contractors, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within thirty (30) days of signing a Contractor Agreement with the City, on an annual basis thereafter while the contract remains in effect, and within thirty (30) days of completion of the contract.
XV. GENERAL CONDITIONS
Pre-contractual expenses are defined as expenses incurred by the Contractor in: (1) preparing the proposal; (2) submitting the proposal to the City; (3) presenting during the selection interview; (4) negotiating with the City on any matter related to the proposal; (5) any other expenses incurred by the Contractor prior to an executed Agreement, and (6) attendance of City Council for Award of Contract.
The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Contractor. Services shall not commence until the Agreement for Professional Contractor Services has been executed by the City.
The Contractor is responsible for notifying Underground Service Alert and providing proper traffic control, at no additional expense to the City.
The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Contractor
responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection(s). Any contract awarded for these Contractor engagements will be made to the Contractor who, in the opinion of the City, is best qualified.
XVI. PREVAILING WAGES
Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a “Public Works” project require payment of prevailing wages including but not limited to, testing, potholing and non-design work.
EXHIBIT A
SCOPE OF WORK
Sewer Line Cleaning:
High-Frequency Cleaning Overview – The Service Provider shall furnish all labor, materials, equipment and incidentals necessary for the cleaning of sewer lines and manholes identified as high frequency maintenance locations per EXHIBIT A. High Frequency Maintenance Location cleaning will be continuous throughout the contract duration. The Service Provider shall be responsible for the removal of debris from the sewer pipeline and manholes, and shall take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris is described as, but not limited to, grit, sludge, dirt, sand, rocks, grease, roots, and other solid or semisolid materials.
Routine Cleaning Overview – The Service Provider shall furnish all labor, materials, equipment and incidentals necessary for the cleaning of sewer lines and manholes as requested by the City on a case by case basis. The Service Provider shall be responsible for the removal of debris from the sewer pipeline and manholes, and shall take all the necessary steps to ensure that no spills of any sewage occur. Pipeline debris is described as, but not limited to, grit, sludge, dirt, sand, rocks, grease, roots, and other solid or semisolid materials. Cleaning Equipment for high frequency maintenance locations and Routine Cleaning – A Combination of high-velocity hydro-cleaning and vacuum removal equipment shall be utilized and shall have the following features as a minimum:
• A minimum of 600 feet of 1-inch diameter high pressure hydro flushing hose. • A dual degree nozzle with 6 jets at 15 degrees and 6 jets at 45 degrees is preferred for normal cleaning. A comparable nozzle may be used upon approval by the City. In addition, a grease nozzle and penetrating head nozzle shall be available. Nozzle skids shall be used for the appropriate size of pipe being cleaned. The nozzle used for normal cleaning shall be specifically sized for the jetter pump used for this contract. Nozzle specifications with orifice size shall be submitted to the City for review and approval based upon pipe size. Worn nozzles (orifice size .005" over) shall not be used. The City shall have final determination on the nozzle size used at no additional cost to the City. • At least one root cutter attachment for 6" pipe and above. • A high-pressure handgun for washing and cleaning manhole walls, channels, shelves, and manhole cover frames.
• A 1,500-gallon minimum water tank, pump and a hydraulically driven hose reel. • Equipment operational controls located above ground.
• Minimum working pressure of 1,200 pounds per square inch at 65 G.P.M. rate.
• Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being performed.
• Two (2) two-way hand held radios for communication in easements. • Small hand tools for changing fittings and removing bolt down manhole covers. • Spill containment equipment.
• Rakes, screens and all necessary hand tools necessary to capture larger debris.
Cleaning Precautions – During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment to ensure that the water pressure or head created does not damage or cause flooding of public or private property being served by the sewer. Care shall be exercised in the selection and use of the cleaning tools to avoid pipe damage. The Service Provider shall be responsible for all costs of repairs and/or clean up to City owned or private property to the City's satisfaction. Use of a nozzle skid is required to prevent accidental entry of nozzle into house connections.
Specific locations within the City shall be cleaned with a reduced psi as directed by the City designated representative(s) in order to avoid damage to private property.
Reduced psi methods will not absolve the Service Provider from cleaning said locations to the standards required in this RFP.
Sewer Cleaning Procedures
High Frequency: Prior to start of work each fiscal year (July 1 – June 30) the service provider shall hold a "kick-off' meeting with the City’s designated representative(s) to determine the start date and segment sequence of high frequency locations. The Service Provider shall prepare a map showing the proposed cleaning sequence by day of work for discussion at the meeting. No work shall start until the cleaning sequence has been approved by the City. Subsequent proposed revisions to the sequence shall be approved by the City prior to commencement of work.
Routine: Prior to start of work the service provider shall hold a "kick-off' meeting with the City’s designated representative(s) to determine the start date and segment sequence. The Service Provider shall prepare a map showing the proposed cleaning sequence by day of work for discussion at the meeting. No work shall start until the cleaning sequence has been approved by the City. Subsequent proposed revisions to the sequence shall be approved by the City prior to commencement of work.
High Frequency and Routine Cleaning:
The designated sewer line segments will be cleaned using combination high-velocity jet with vacuum removal. The normal cleaning operation shall be to jet from the downstream manhole towards the upstream manhole thereby pulling any debris back to
the downstream manhole. Pullback rate on jetting shall not be greater than 40 feet per minute. If, after the initial cleaning, debris is encountered, the entire run shall be made repeatedly until debris is no longer present. At any sign of significant dirt and gravel the cleaning operation for that pipe shall cease and the City shall be notified of a possible line break.
Once the appropriate traffic control has been placed by the Service Provider, the Service Provider shall wash the upstream manhole with the high-pressure water gun while being cautious not to spray any surrounding vehicles or pedestrians. All manholes, except for inaccessible manholes, shall be washed and any loose debris shall be removed. Evidence of unwashed manholes shall result in re-cleaning of that pipe segment. Any major defects in the manhole or the frame and cover shall be noted and brought to the attention of the City for remedy. No debris from the cleaning work shall be left on the roadway.
The Contractor shall document and inform the City of any inaccessible manholes and any justification as to why the manhole is in accessible.
The equipment shall be capable of removing dirt, grease, roots, grit and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted. If successful cleaning again cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the Service Provider will notify the City representative of this condition immediately for further instructions.
The Service Provider shall be prepared to use root saw tools on the segments to be cleaned as needed. Lines where root sawing is performed shall upon CCTV inspection have no more than one half inch of root stub present. Longer lengths of roots remaining shall result in a repeat root sawing effort at no additional cost to the City. Root cutting shall be part of the unit price for bid items requiring cleaning. No separate payment will be made for root cutting.
For pipeline segments with extremely steep slopes, where the jetter nozzle fails to climb to the upstream manhole the cleaning method shall be to jet from the upstream manhole down slope for washing purposes. Then, jet from the downstream manhole upslope so that the cleaning directions overlap.
Line cleaning sequence cannot be changed such that debris from upstream reaches will be deposited into recently cleaned downstream reaches. If this is found to occur, The Service Provider will re-clean the downstream reaches at no cost to the City.
Material Removed
The Service Provider shall be responsible for the removal of debris from the pipeline and cleaning and/or re-cleaning the pipe wall to the satisfaction of the City. All grit, sludge, dirt, sand, rocks, roots, grease and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which may cause line stoppages, shall not be permitted.
Lines shown to contain root balls or other debris that may potentially cause a stoppage, that were reported to have been cleaned, may require an emergency call-out by the Service Provider to remove the debris, at no additional charge to the City. The Service Provider shall respond to the site once contacted within one (1) hour. If unable to be contacted or not able to be on site within the hour response time the City will make other arrangements to clean the area and back charge the Service Provider for all costs incurred.
Catch Basin Cleaning:
The Contractor will be responsible for ensuring each and every catch basin and storm drain inlet located within the City is cleaned once each year. The contractor will be responsible for submitting an inventory of all the catch basins cleaned throughout the City and reporting the inspection and maintenance records prior to processing of payment.
The Contractor will be paid for each catch basin that is cleaned each year. The catch basin cleaning will start in April each year.
Video Inspection:
The City will request any Video Inspections of any lines following the Service Provider’s reports during the routine and high-frequency location cleaning.
The City may request video inspections based on locations with suspected deterioration and/or damage, blockages, anomalies found during cleaning services, capacity issues, etc.
Video Inspection Overview – The Service Provider will furnish all labor, materials, equipment and incidentals necessary for the video inspection of various lengths and sizes of sanitary sewers located throughout the City of Stanton. Videos submitted to the City shall be a computer compatible file for a Microsoft Windows based operating system.
No additional charge shall be incurred by the City for video inspection in conjunction with sewer cleaning under this Contract if excessive debris prohibits the camera from successfully inspecting the pipe section.
Video Inspection – A color video will be made of the inspection and submitted to City's representative(s), along with the required Inspection report and log sheets. In addition, a flash drive and/or MP4 file will be submitted showing the photo defects (JPEG format).
Inspections shall be done during low flow periods, unless otherwise directed by The City.
The Service Provider shall divert gravity flows, when necessary. The Service Provider shall submit diversion plans to the City for review and approval at least 10 days prior to work.
Equipment – Video inspection equipment shall include video cameras, a video monitor, cables, power sources, and all equipment necessary to perform a video inspection per the Contract Documents.. The camera will be operative in 100% humidity conditions.
CCTV inspections shall be performed using Pan-and-Tilt camera (with a minimum of 360x270-degree rotation) video system. The camera and video monitor shall produce a minimum 460 lines of resolution. Illumination sensitivity shall be 3 lux or less. During inspection, lighting intensity shall be adjusted to minimize reflective glare. Lighting and picture quality shall be adjusted to provide a clear, in-focus picture of the entire periphery of the pipeline for all conditions encountered. Camera focal distance shall be adjustable through a range from 25mm (1 inch) to infinity.
Manual winches, power winches, TV cable powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line. Whenever nonremote powered and controlled winches are used to pull the television camera through the line, telephones, radios or other suitable means of communication, will be set up between the two manholes of the section being inspected to ensure that adequate communications exist between the members of the crew.
Service Provider shall have camera cables, power cords, and ancillary equipment capable of recording reaches of up to 1500 feet in one direction.
Video Inspection Procedure – The camera shall be lowered into the manhole and placed into the pipe. The camera cable shall be retracted to remove slack to ensure an accurate footage reading. The cable footage-counter shall be reset to the distance between the centerline of the manhole and the front lens of the camera. The camera shall move through the pipeline in a downstream direction, whenever possible, at a maximum uniform rate of 30 feet per minute for all sewers. The cable footage-counter shall measure the distance between each inspection segment from centerline to
centerline. The counter shall be accurate to less than one percent error over the measured distance.
The camera shall stop at all significant observations to ensure a clear and focused view of the pipe condition. The observations shall also be noted on the inspection report with stationing referenced. These observations shall include, but not be limited to:
• Laterals - open or sealed
• Laterals - protruding or defective
• Cracks
• Offset joints
• Open joints
• Sags
• Line deviations
• Siphons
• Missing sections
• Infiltration
• Debris
• Grease
• Roots
• Vermin
• PVC liner or weld strip defects
Operator shall provide a 360-degree pan of all manholes. The camera lens shall be kept clear of condensation and debris. Recorded footage showing steam, inadequate lighting, or other poor image quality will be cause for rejection and non-payment by the City.
Reverse Setup: If during the inspection operation the television camera cannot pass through the entire manhole section (obstruction, etc.), the Service Provider will again set up his equipment in a manner so that the inspection can be performed from the opposite manhole. If the camera again fails to pass through the entire section, the Service Provider will notify the City representative(s) immediately for further instructions. The cost for a reverse set up shall be included in the unit price provided.
Flow Control – The maximum Depth of Flow for video inspections are:
• 6" -10" Pipe 20% of pipe diameter
• 12" - 24" Pipe 25% of pipe diameter
• 27" & up Pipe 30% of pipe diameter
When, after any possible flow diversions have been made, and at low flow hours, the depth of flow is greater than recommended for video inspection, the Service Provider
shall reduce flow by plugging or bypassing the flow. All plugging and/or bypassing shall be previously coordinated with and approved by the City at least 10 working days prior to the start of each job.
Video Inspection Report and Video Recording
Upon completion of the video inspection, the Service Provider shall provide the agency with an Inspection Report that includes the following:
• Brief summary of the work performed.
• Summary list of all pipeline segments inspected (i.e. manhole to manhole). • Inspection reports (log sheets) of each segment. All original recordings (videotapes, etc.).
• Summary list of recorded observations and defects.
• If requested, photos of major defects for each pipeline segment (in JPEG format).
• Sewer maps and plans provided by the City to the Contractor for purposes of the inspection.
Minimum documentation shall consist of the Video Recording(s) and the Inspection Report. Videos submitted to the City shall be a computer compatible file for a Microsoft Windows based operating system. The Inspection Report for each segment shall be as specified above and shall contain the following as directed by the City:
1. Agency project or Contract number
2. Video date
3. Video time
4. Service Provider name
5. Service Provider job number
6. Operator(s) name
7. Street name or location
8. Cross street name or location
9. Manhole number (access point) - up stream
10. Manhole number (access point) - down stream
11. Manhole to manhole segment number
12. Manhole depth - up stream
13. Manhole depth - down stream
14. Direction of camera
15. Pipe - size
16. Pipe - shape
17. Pipe - material (and coating, if applicable)
18. Pipe - footage centerlines ( on plan or map, if available)
19. Pipe - footage centerlines (on Video)
20. Pipe - flow up (percent of pipe at inlet or height of flow)
21. Pipe - flow down (percent of pipe at outlet or height of flow)
22. Pipe - joint lengths in feet
23. Video number
24. CD number
25. Observation descriptions
26. Schematic of pipeline showing laterals and observations and footage
27. Clock position of noted observations
28. Photographs of major defects or typical pipe condition
29. Notice of severely worn manhole covers
30. Notice of severely deteriorated manhole concrete structures
31. Notice of severely deteriorated manhole liners or coatings
32. Sewer pre-cleaned prior to inspection? (Yes or no)
33. Purpose of survey
34. Condition Index – NASSCO’s PACP system shall be used for each segment of sewer line
The Service Provider shall use the National Association of Sewer Service Companies (NASSCO) defect coding and rating system on the Inspection Report and also the Summary List of Recorded Defects. Color video recordings of the data on the television monitor shall be made by the Service Provider, copies of which shall be provided to the City.
Initial Screen Text – Each pipe segment (manhole to manhole) shall be identified with an initial screen text and voice recording and shall include the following:
• Video date
• Video time
• Service Provider operator name(s)
• Street location name
• Manhole number - up stream
• Manhole number - down stream
• Direction of camera - with or against flow
• Pipe material(s)
• Pipe footage
• Pipe size
Running Screen Text – During the CCTV inspection, the running screen shall show the running footage (distance traveled) and the following text information at the bottom of the screen:
1. Manhole number - up stream
2. Manhole number - down stream
3. Pipe size
4. Pipe length
5. Date
6. Time of day
The format of the above text information shall be as shown in the following example:
"MH32_001/MH32_002 (12"-410') 4/18/01 -10:20A.M." Manhole numbers will be provided by the City from maps or plans.
Ending Screen Text – At the end of each pipe segment, an ending screen text shall include the following:
1. "End of segment inspection"
2. Condition that prevented complete inspection, if applicable The City representative shall review and approve the screen layout prior to the first inspection on this contract. The display on the screen shall be temporarily moved or turned off as required to obtain the highest quality documentation on the pipeline defects.
Video Recording Labels – Each video recording may contain one or more pipe segments. The video recordings shall have labels affixed to the flash drive, if a flash drive is submitted in lieu of a MP4 file.
The label shall contain the following text information:
1 Agency project or contract number
2. Summary of pipeline segment(s) each listing shall show:
3. Manhole number - up stream
4. Manhole number - down stream
5. Footages - plan & video
6. Tape number
7. Dates of video
8. Service Provider name
The City Equipment and Labor – City equipment and labor, except for the City’s representative to monitor the work, shall not be utilized at any time.
Manhole Covers – As directed by the City, the Service Provider shall re-plug all manhole pickholes that were previously plugged within 24 hours after work is completed. The City shall review and approve the plugging material. Work area around the manhole is to be swept clean of all debris.
Material Disposal
The Service Provider is responsible for disposing of materials in a safe manner in conformance with applicable regulations and industry standards. The amounts and disposal dates shall be reported to the City as part of a monthly cleaning submittal to the City by the Service Provider. All materials will be removed from the work site at the end of each workday. Under no circumstances will the Service Provider be allowed to accumulate debris, etc. on the site of work or at City owned facilities beyond a single workday.
Submittals
Submittals, including payment invoices, may be made electronically through e-mail or by hard copy. As previously mentioned, the Service Provider shall submit: (1) a work cleaning schedule; (2) a monthly submittal of cleaned pipe listing the line segments, any defective manhole structures including frames, covers, and caps; and (3) dates and amounts of debris disposal. Format of the submittals shall be reviewed and approved by the City prior to the initial submittal.
Spill Reporting and Handling
In the event of any Service Provider related overflow or interruption/ backup of customer service, the Service Provider shall immediately notify the City’s representative and for after hours notification call (714) 357-1447, and shall contain and eliminate the overflow. Service Provider shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as a result of Service Provider's work. This is in addition to any and all costs incurred by the customer.
Emergency Response Service:
Emergency Response Requirements for SSO's – The Service Provider shall provide emergency response services when notified by the City that a Sanitary Sewer Overflow (SSO) has occurred. The Service Provider shall dispatch appropriate crews to assist the City as directed with the containment, clean-up and correction of the SSO per the City SSO Emergency Response Procedures. Crews shall be at the site within one hour of notification. The Service Provider shall provide the City with 24-hour phone numbers.
When requested by the City, the Service Provider shall provide the City representative with appropriate information to assist the City in the completion of the required reports.
Emergency SSO Response will be paid at the unit price, per hour, in the Contract. The Service Provider may be required to conduct point repairs during emergency responses.
Permission to use material for repairs shall be obtained prior to installing material.
Payment for the labor, equipment and materials used shall be invoiced separately to the City with no additional mark-up. A copy of receipts for material shall be provided.
Other Items: The following items shall be included in the Service Providers’ bid. No separate payment will be made for these items.
Combined Services – When combined services are performed by the Service Provider (e.g. sewer line cleaning and video inspection), the requirements for each section listed above shall be included together.
Work Hours/Noise Requirements – Other local agencies having jurisdiction may impose limited work hours and nighttime schedules to accomplish the work. Service Provider is required to obtain the requirements and to work within those hours of operation and to provide necessary equipment to meet local noise restrictions that may be imposed. The Service Provider shall be familiar with and know the City’s noise restrictions. Work crews may be on City residential streets from 8:00 AM to 4:00 PM, and City arterial streets from 9:00 AM to 3:00 PM, Monday through Thursday. A copy of the City’s schedule will be provided to the awarded Service Provider.
Night work shall be accomplished between 9:00PM and 6:00AM Monday through Thursday. No night work will be allowed on Friday’s. Nighttime work shall be coordinated with and approved by the City’s representative at least 10 working days in advance of the work.
Permits and Access – The Service Provider shall acquire and pay for the encroachment permit(s) required by the local Cities, County, Caltrans, or other local agencies when work and/or traffic control is necessary on their right-of-ways.
For work within City easements on private property, notice must be given to the property prior to entering the property. The Service Provider shall prepare and deliver a notice to each property a minimum of five calendar days prior to the day of work.
Prior to working in the easements the Service Provider shall meet with the City representative(s) to discuss the locations, access issues, manhole locations or any special conditions regarding the locations.
Spill Reporting and Handling - Service Provider shall immediately notify the City representative of any manhole overflow or interruption/backup of customer service and Service Provider shall contain and control all overflow. Spill control and notifications shall be in accordance with the City's SSO Emergency Response Procedures.
Service Provider shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as of a result of Service Provider's work. This is in addition to any and all costs incurred by the customer.
Confined Space Issues and Safety Issues – All manholes in this work are defined as Title 8 Permit Required Confined Spaces. The Service Provider's attention is directed to the General Industry Safety Orders of the State of California, Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of Regulations, Sections 5167, 5157, 5158).
All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with required confined space entry regulations. These regulations include, at a minimum: entry permit, trained authorized entrant(s), attendant(s), entry supervisor(s), full body harness (with life line), mechanical retrieval device, continued force air ventilation, continuous air monitoring, communication system (minimum two types), and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State, and local laws and regulations.
Traffic Control – All traffic control requirements (traffic control plan(s), equipment, material, and labor) are the responsibility of the Service Provider. All traffic control shall be in accordance with the latest APWA Work Area Traffic' Control Handbook (WATCH) and City regulations and based on the speed limits posted in the work zones. Flagmen may be required in some locations. Service Provider shall apply for all traffic control permits and pay all fees and permits for said permits for work outside the City’s jurisdiction. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction, latest Edition.
Work Plan – The Service Provider shall prepare a weekly work plan and submit it seven calendar days in advance to the City representative for review and approval. The work plan shall verify the sequence of work and identify all the line sections to be worked on.
The work plan may be amended due to weather or local road maintenance or construction issues discovered by either party.
Work Documentation – Weekly reports based on the work plan shall be submitted for City review on Thursday of the weekly period. Service Provider's log sheets, with a section by section breakdown including comments, shall be maintained on site, in a legible manner, for review at all times. Comments on log sheets shall include notice of badly worn manhole frames and covers, broken manhole caps, buried manholes, unmapped manholes, badly deteriorated manhole concrete structures, and shall include the type and amount of debris encountered.
Service Provider Crew – The Service Provider shall provide a minimum of a two-person crew at all times, one person shall witness the jetting nozzle reaching the upstream manhole. A crew of three shall be utilized for all work in confined spaces. Additional personnel shall be utilized when needed for traffic control flagmen.
The Service Provider's foreman must be able to communicate both verbally and in writing (in English) with City staff as well as with his crew. The Service Provider's foreman must demonstrate the capability to read, interpret, and understand the Safety/OSHA requirements, City's plans, drawings, specifications and work direction, as necessary.
Employees of the Service Provider and sub-contractors must carry proper company identification at all times. Vehicle and equipment used by the Service Provider and/or sub-contractors shall be clearly marked with Company information, to include, at a minimum, Company name, contractor license number, and telephone number.
NPDES and FOG Program Compliance
The service provider shall be in compliance with NPDES guidelines, this includes compliance with the City’s Sewer System Management Plan (SSMP) and Spill Emergency Response Plan (SERP). The contractor shall operate as the City’s Sewer Cleaning & CCTV Contractor, with specific tasks including, but not limited to:
1. Operations and Maintenance Program where the Sewer Cleaning & CCTV Contractor is responsible for day-to-day operations and maintenance of the City’s sanitary sewer system.
2. Sewer Pipe Blockage Control Program where CCTV inspections of sanitary sewer lines will be conducted, as needed.
3. Response to private sewer laterals or SSO emergencies involving FOG.
4. Investigating and reporting SSOs (as needed)
5. Administrative reporting and recordkeeping. The Service Provider shall work with the City and provide necessary information / documentation for the NPDES MS4 Annual PEA Report.
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WESTERN AVE IDYLWILD
DR
GRANT WAY
COLLEGE DR
MONROE AVE
COURT ST
FULTON WAY
LESSUE AVE
WINSTON RD
FERN AVE
SENTRY DR
SHERRILL ST
CODY DR
MAIN ST
SANTA RITA AVE
LOWDEN ST
KERMORE LN
ASHDALE ST
SANTA ROSALIA ST
SANDALWOOD WAY
ASBURY AVE
AMY AVE
VANTAGE ST
LOWDEN ST
PACIFIC AVE
SHERRILL ST KENNELLY LN
COURT ST
BRIARWOOD ST
SAN MARCOS DR
DALE ST
YANA DR
STARR ST
GRANDOAKS DR
ORANGEWOOD AVE
CHANTICLEER RD
HAMDEN AVE
SANTA ROSALIA ST
IDYLWILD DR
THUNDERBIRD LN
SANTA CRUZ ST
SANTA CATALINA AVE
STANTON AVE
LOLA AVE
OAK ST
CEDAR ST
COURT LN PACIFIC ST
DAVMOR AVE
FLOWER ST
CENTRAL AVE
CHESTER AVE
STANFORD AVE
ACACIA AVE
DATE ST
STARDUST LN
TINA WAY
CRIS AVE
LULLABY LN
CAMUS LN
LULLABY LN
HARRIET LN
ORRWAY DR
SKYLINE DR
VIA KANNELA
BOATMAN AVE
SYCAMORE AVE
INDUSTRIAL WAY
FILLMORE DR
CAPISTRANO DR
FLOWER AVE
HOOVER ST
CHESTNUT AVE
MITCHELL DR
UP RR
COURT ST
HYNES RD
RUTHANN AVE
SYCAMORE ST
ROSE AVE
ELECTRIC AVE
SANTA GERTRUDES AVE
CATHERINE AVE
LOLA AVE
DALE AVE
LEAFWOOD ST
BENTLY AVE
DEVONWOOD AVE
SANTA MONICA AVE
SANTA BARBARA AVE
LEXINGTON ST
WASCO RD
MACDUFF ST
1ST ST
STANDUSTRIAL ST
JANE WAY
PINE TREE LN
PALAIS RD
SANTA MARIA ST
2ND ST
BOCK AVE
BELL ST
SEABOARD C RI
ARROWHEAD ST
YORKSHIRE AVE
HOPI RD
JOEL AVE
EILEEN ST
VIA IRANA
CEDAR ST
LAMBERT WAY
Legend
! Manhole
6"
8"
10"
12"
15"
18"
21"
24"
City Boundary
0 400 800
±
1,600 2,400
Feet
CITY OF
GARDEN GROVE
CITY OF
CYPRESS
CITY OF
WESTMINSTER
CITY OF
GARDEN GROVE
CITY OF
BUENA PARK
CITY OF
ANAHEIM
B
E
A
C
H
B
LV
D
B
E
A
C
H
B
LV
D
W
E
S
T
E
R
N
AV
E
W
E
S
T
E
R
N
AV
E
K
N
O
T
T
AV
E
K
N
O
T
T
AV
E
D
A
L
E
AV
E
D
A
L
E
AV
E
M
A
G
N
O
LIA
S
T
M
A
G
N
O
LIA
S
T
GARDEN GROVE BLVD
LAMPSON AVE LAMPSON AVE
CHAPMAN AVE CHAPMAN AVE
ORANGEWOOD AVE ORANGEWOOD AVE
KATELLA AVE KATELLA AVE
CERRITO AVE
BALL RD BALL RD
405 FWY
Project No.
227522-0001381
Date: May 2024
City of Stanton
Sewer Master Plan Update
Figure 3-1
Wastewater Collection
System by Pipe Diameter
Appendix 6 - High Frequency Maintenance Locations
Debris Grease Roots
B019-H022 B019 H022 Knott ave 10 VCP 180 2 2 0
B020-B045 B020 B045 Cerritos ave 8 VCP 273 2 2 0
B021-B020 B021 B020 Cerritos ave 8 VCP 331 2 2 0
B022-B021 B022 B021 Cerritos ave 8 VCP 121 2 2 0
B023-B022 B023 B022 Cerritos ave 8 VCP 198 2 2 0
B024-B023 B024 B023 Cerritos 8 VCP 60 2 2 0
B025-B024 B025 B024 Cerritos ave 8 VCP 244 2 2 0
B026A-B026 B026A B026 Lowden ave 8 VCP 50 1 3 0
B026-B025 B026 B025 Cerritos ave 8 VCP 17 1 0 0
B041-B019 B041 B019 Knott ave 8 VCP 263 1 2 0
B045-B019 B045 B019 Cerritos ave 8 VCP 62 2 2 0
H020-H019 H020 H019 Knott ave 10 VCP 350 2 2 0
H021-H020 H021 H020 Knott ave 10 VCP 75 2 2 0
H022-H021 H022 H021 Knott ave 10 VCP 70 2 2 0
H083-B021 H083 B021 Bell 8 VCP 55 2 2 0
H093-B023 H093 B023 Lexington 8 VCP 401 2 2 0
H095-B026A H095 B026A Lowden ave 8 VCP 232 2 3 1
H096-H095 H096 H095 Lowden ave 8 VCP 67 2 3 1
B002-B001 B002 B001 Cerritos 8 VCP 135 2 2 0
B003-B002 B003 B002 Cerritos ave 8 VCP 123 2 2 0
B004-B003 B004 B003 Cerritos 8 VCP 137 2 2 0
B005-B004 B005 B004 Cerritos ave 8 VCP 135 2 2 0
B006-B005 B006 B005 Cerritos 8 VCP 123 2 2 0
B007-B006 B007 B006 Cerritos 8 VCP 259 2 2 0
H097-B003 H097 B003 Courson 8 VCP 374 2 2 0
H102-B001 H102 B001 Ramblewood 8 VCP 200 2 2 0
H107-B005 H107 B005 Cerritos 8 VCP 283 1 2 0
D026-D025 D026 D025 Starr 8 VCP 256 2 2 0
D027A-D026 D027A D026 Star and Fern 8 VCP 132 1 1 0
D027-D027A D027 D027A Star and Fern 8 VCP 165 1 0 0
D028-D027 D028 D027 Star and Fern 8 VCP 90 1 0 0
D029-D028 D029 D028 Starr 8 VCP 152 2 1 0
D030-D029 D030 D029 Star and Fern 8 VCP 83 1 0 0
D074-D030 D074 D030 Star and Fern 8 VCP 273 1 0 0
D092-D074 D092 D074 Star and Fern 8 VCP 340 1 1 0
C004-I044 C004 I044 Rose st 12 VCP 339 1 2 0
C007-I102 C007 I102 Rose st 18 VCP 316 1 2 0
C057-I051 C057 I051 Rose st 10 VCP 332 2 2 0
C058-C057 C058 C057 Rose st 12 VCP 314 2 2 0
I037-I009 I037 I009 Rose st 10 VCP 318 2 2 0
I038-I037 I038 I037 Rose st 10 VCP 338 1 2 0
I039-I038 I039 I038 Rose st 10 VCP 327 2 2 0
I040-I039 I040 I039 Rose st 10 VCP 300 2 2 0
I041-I040 I041 I040 Rose st 12 VCP 414 2 2 0
I042-I041 I042 I041 Rose st 12 VCP 60 2 2 0
I043-I042 I043 I042 Rose st 12 VCP 344 2 2 0
I044-I043 I044 I043 Rose st 12 VCP 330 2 2 0
I045-I009 I045 I009 Rose st 12 VCP 302 2 2 0
I046-I045 I046 I045 Rose st 12 VCP 310 2 2 0
I047-I046 I047 I046 Rose st 12 VCP 330 2 2 0
I048-I047 I048 I047 Rose st 12 VCP 300 1 2 0
I049-I048 I049 I048 Rose st 10 VCP 403 2 2 0
I050-I049 I050 I049 Rose st 10 VCP 333 2 2 0
1 2
3 4
Diameter
(in) Material Length(ft)
Hot Spot Maintenance History*
Location
Pipe ID Upstream
Manhole
Downstream
Manhole Location
Appendix 6 - High Frequency Maintenance Locations 1
Debris Grease Roots
1 Diameter
(in) Material Length(ft)
Hot Spot Maintenance History*
Location
Pipe ID Upstream
Manhole
Downstream
Manhole Location
I051-I050 I051 I050 Rose st 10 VCP 317 2 2 0
I102-I103 I102 I103 Rose st 18 VCP 353 2 2 0
I103-I104 I103 I104 Rose st 18 VCP 330 2 2 0
I104-I105 I104 I105 Rose st 18 VCP 424 2 2 0
I105-I106 I105 I106 Rose st 18 VCP 242 2 2 0
I106-I107 I106 I107 Rose st 18 VCP 326 2 2 0
I107-I108 I107 I108 Rose st 18 VCP 338 2 2 0
I108-I010 I108 I010 Rose st 18 VCP 311 2 2 0
H052-H051 H052 H051 Bock Ave 8 VCP 30 3 3 0
H053-H052 H053 H052 Bock Ave 8 VCP 368 2 2 0
H065-H106 H065 H106
Easement Bock Ave
to Thunderbird Ln 8 VCP 193 3 3 0
H106-H052 H106 H052
Easement Bock Ave
to Thunderbird Ln 8 VCP 129 3 3 0
M004-M003 M004 M003 Katella 8 VCP 105 2 2 0
M005-M004 M005 M004 Custer way 8 VCP 235 1 1 0
M013-M004 M013 M004 Marshall way 8 VCP 250 2 1 0
M016-M005 M016 M005 Custer way 8 VCP 65 2 1 0
M017-M016 M017 M016 Grant way 8 VCP 65 2 0 0
M029-M028 M029 M028 Lambert way 8 VCP 37 1 2 0
M030-M029 M030 M029 Lambert way 8 VCP 230 1 1 0
M031-M030 M031 M030 Hampton way 8 VCP 210 1 2 0
M032-M031 M032 M031 Hampton way 8 VCP 210 2 1 0
M034-M029 M034 M029 Cabot way 8 VCP 157 1 1 0
M035-M034 M035 M034 Austin way 8 VCP 98 1 1 0
M077-M076 M077 M076 Rutledge ave 8 VCP 178 1 1 0
M078-M077 M078 M077 Rutledge ave 8 VCP 15 1 0 0
M092-M077 M092 M077 Hood way 8 VCP 213 1 1 0
M093-M092 M093 M092 Kirby way 8 VCP 170 1 1 0
M094-M093 M094 M093 Kirby way 8 VCP 265 1 1 0
J033-J032 J033 J032 Monroe 8 VCP 355 2 2 0
J034-J033 J034 J033 Monroe 8 VCP 365 2 2 0
J035-J034 J035 J034 Monroe 8 VCP 50 2 2 0
10 K039-J038 K039 J038 Monroe 6 VCP 70 2 2 0
R076-R075 R076 R075 Searboard cir 8 VCP 43 3 0 0
R077-R076 R077 R076 Searboard cir 8 VCP 440 2 0 0
R078-R077 R078 R077 Seaboard cir 8 VCP 288 2 0 0
R079-R078 R079 R078 Searboard cir 8 VCP 203 2 0 0
R080-R076 R080 R076 Searboard cir 8 VCP 235 2 0 0
R081-R080 R081 R080 Seaboard cir 8 VCP 285 2 0 0
R082-R081 R082 R081 Seaboard cir 8 VCP 350 2 0 0
R046-R045 R046 R045 Santa Rosalia St 10 VCP 267 1 1 0
R047-R046 R047 R046 Santa Rosalia St 10 VCP 62 2 0 0
R061-R083 R061 R083 Hopi rd 8 VCP 345 2 2 0
R062-R061 R062 R061 Hopi road 8 VCP 334 2 2 0
R083-R046 R083 R046 Hopi rd 8 VCP 325 2 1 0
R087-R062 R087 R062 Hopi Rd 8 VCP 340 1 0 1
9 11
12 5
6 4
7 8
Appendix 6 - High Frequency Maintenance Locations 2
Debris Grease Roots
1 Diameter
(in) Material Length(ft)
Hot Spot Maintenance History*
Location
Pipe ID Upstream
Manhole
Downstream
Manhole Location
R001-R802 R001 R802 Chapman Ave. 8 VCP 255 2 3 0
R002-R001 R002 R001 Santa Rosalia St 8 VCP 200 2 2 0
R003-R002 R003 R002 Santa rosalia 8 VCP 360 1 1 0
R004-R003 R004 R003 Santa rosalia 8 VCP 360 1 1 0
R005-R004 R005 R004 Santa rosalia 8 VCP 361 2 1 0
R006-R005 R006 R005 Santa Catalina 8 VCP 72 2 0 0
R007-R006 R007 R006 Santa Catalina 8 VCP 349 2 1 0
R008-R085 R008 R085 Santa Catalina 8 VCP 338 1 1 1
R009-R008 R009 R008 Santa Catalina ave 8 VCP 352 2 1 0
R017-R002 R017 R002 St gertrudes 8 VCP 291 1 2 0
R018-R017 R018 R017 St gertrudes 8 VCP 284 1 2 0
R035-R034 R035 R034 Santa Paula 8 VCP 286 1 1 0
R036-R035 R036 R035 Santa Paula 8 VCP 273 2 2 0
R037-R036 R037 R036 Santa Paula 8 VCP 287 1 0 0
R085-R007 R085 R007 Santa Catalina 8 VCP 360 1 1 1
R801A-R801 R801A R801 Chapman Ave. 8 VCP 332 2 3 0
R802-R801A R802 R801A Chapman Ave. 8 VCP 330 2 3 0
V004-V002 V004 V002 Santa rosalia 8 VCP 252 1 2 0
V004-V003 V004 V003 Santa rosalia 8 VCP 230 1 2 0
V005-V004 V005 V004 Santa rosalia 8 VCP 377 2 2 0
V006-V005 V006 V005 Santa rosalia 8 VCP 375 1 1 0
V012-V004 V012 V004 Georgian 8 VCP 206 1 2 0
V013-V012 V013 V012 Georgian 8 VCP 202 1 2 0
W008-W007 W008 W007 Beach blvd 8 VCP 332 2 2 0
W009-W008 W009 W008 Beach blvd 8 VCP 85 1 3 0
W010-W008 W010 W008 Beach blvd 8 VCP 165 1 3 0
W011-W010 W011 W010 Beach blvd 8 VCP 175 1 2 0
W012-W011 W012 W011 Beach blvd 8 VCP 336 1 2 0
W027-W009 W027 W009 Beach blvd 8 VCP 308 1 2 0
W028-W027 W028 W027 Beach blvd 8 VCP 308 1 2 0
Z007-Z029 S008 S009 Acacia 8 VCP 230 2 2 0
Z015-Z028 Z015 Z028 Food 4 Less 8 VCP 152 2 2 0
Z021-Z022 Z021 Z022 Shopping center 8 VCP 220 1 2 0
Z022-Z023 Z022 Z023 Shopping center 8 VCP 220 2 2 0
Z023-Z024 Z023 Z024 Shopping center 8 VCP 24 1 2 0
Z024-Z015 Z024 Z015 Shopping center 8 VCP 147 1 1 0
Z025-Z015 Z025 Z015 Shopping center 6 PVC 365 2 2 0
Z026-Z025 Z025 Z026 Food 4 Less 6 PVC 366 2 3 0
Z029-Z021 Z029 Z021 Acacia 8 PVC 470 2 2 0
S008-S009 S008 S009 Chapman Ave. 8 Unknown 328 1 3 0
S009-S010 S009 S010 Chapman Ave. 10 Unknown 160 1 3 0
13 * 3 = High, 2 = Medium, 1 = Low
** Garden Grove Sewer not shown on City GIS or Figures
14 15
16 GG
Sewer**
Appendix 6 - High Frequency Maintenance Locations 3
WESTERN AVE IDYLWILD
DR
COLLEGE DR
MONROE AVE
COURT ST
FULTON WAY
LESSUE AVE
WINSTON RD
FERN AVE
SENTRY DR
SHERRILL ST
CODY DR
MAIN ST
SANTA RITAAVE
LOWDEN ST
KERMORE LN
ASHDALE ST
SANTA ROSALIA ST
SANDALWOOD WAY
ASBURY AVE
AMY AVE
VANTAGE ST
LOWDEN ST
PACIFIC AVE
SHERRILL ST KENNELLY LN
BRIARWOOD ST
SAN MARCOS DR
DALE ST
YANA DR
STARR ST
GRANDOAKS DR
ORANGEWOOD AVE
CHANTICLEER RD
HAMDEN AVE
SANTA ROSALIA ST
IDYLWILD DR
THUNDERBIRD LN
SANTA CATALINA AVE BEACH BLVD
LOLA AVE
OAK ST
CEDAR ST
COURT LN PACIFIC ST
DAVMOR AVE
FLOWER ST
CENTRAL AVE
STANFORD AVE
ACACIA AVE
DATE ST
STARDUST LN
TINA WAY
CRIS AVE
LULLABY LN
CAMUS LN
LULLABY LN
HARRIET LN
ORRWAY DR
SKYLINE DR
VIA KANNELA
BOATMAN AVE
SYCAMORE AVE
INDUSTRIAL WAY
FILLMORE DR
CAPISTRANO DR
FLOWER AVE
HOOVER ST
CHESTNUT AVE
MITCHELL DR
UP RR
COURT ST
HYNES RD
RUTHANN AVE
SYCAMORE ST
ROSE AVE
ELECTRIC AVE
SANTA GERTRUDES AVE
CATHERINE AVE
LOLA AVE
DALE AVE
LEAFWOOD ST
BENTLY AVE
DEVONWOOD AVE
SANTA MONICA AVE
SANTA BARBARA AVE
LEXINGTON ST
WASCO RD
MACDUFF ST
1ST ST
STANDUSTRIAL ST
JANE WAY
PINE TREE LN
PALAIS RD
SANTA MARIA ST
2ND ST
BOCK AVE
BELL ST
SEABOARD C RI
ARROWHEAD ST
YORKSHIRE AVE
HOPI RD
JOEL AVE
EILEEN ST
VIA IRANA
CEDAR ST
LAMBERT WAY
¬«5
¬«11
¬«9
¬«16
¬«10
¬«15
¬«3
¬«1
¬«7
¬«2
¬«8
¬«14
¬«6
¬«13
¬«4
¬«12
Legend
YES
Sewer Pipes
OCSD Facilities
City Boundary
0 400 800
±
1,600 2,400
Feet
CITY OF
GARDEN GROVE
CITY OF
CYPRESS
CITY OF
WESTMINSTER
CITY OF
GARDEN GROVE
CITY OF
BUENA PARK
CITY OF
ANAHEIM
B
E
A
C
H
B
LV
D
B
E
A
C
H
B
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GARDEN GROVE BLVD
LAMPSON AVE LAMPSON AVE
CHAPMAN AVE CHAPMAN AVE
ORANGEWOOD AVE ORANGEWOOD AVE
KATELLA AVE KATELLA AVE
CERRITO AVE
BALL RD BALL RD
405 FWY
Project No.
227522-0001381
Date: May 2024
City of Stanton
Sewer Master Plan Update
Figure 9-2
High Frequency
Maintenance Locations
NV5 Project Number 227522-0001381.00 NV5.COM | 26
3.3 WASTEWATER COLLECTION SYSTEM SIPHONS
There are fourteen (14) siphons in the City’s wastewater collection system and are required where sewer pipelines cross existing storm drains. The City’s sewer system crosses beneath the following three (3) OCFCD storm drains.
• Knott Cerritos Storm Drain (OCFCD C02-P03)
• Stanton Storm Channel (OCFCD C02-S01)
• Anaheim Barber City Channel (OCFCD C03)
The existing siphon locations are listed in Table 3-4 and are graphically illustrated in Figure 3-4.
Table 3-4 Wastewater Collection System Siphons
No. Pipe
U/S
MH ID
D/S
MH ID
Location
Size
(in)
Length
(ft)
Material
Existing
PDWF
(mgd)
Comments
11 B026A-B026 B026A B026 Lowden Street South
of Cerritos Avenue 8 60 VCP 0.003
60" Cerritos Ave
storm drain crossing
22 B045-B019 B045 B019
Knott Avenue &
Cerritos Avenue - mid
intersection
8 62 VCP 0.118
81" OCFCD (C02-
P03) storm drain
crossing
31 H022-H021 H022 H021 Knott Avenue south
of Cerritos Avenue 10 57 VCP 0.131 C02-P03 storm drain crossing 41 H083-B021 H083 B021 Bell Street, south of
Cerritos Avenue 8 55 VCP 0.059 60" Stanton storm drain crossing 52 H093-B023 H093 B023 Lexington Street
South of Cerritos
8 359 VCP 0.014
60" Stanton storm
drain crossing
62 H097-B003 H097 B003 Courson Drive, south
of Cerritos Avenue
8 371 VCP 0.011
60" Stanton storm
drain crossing
72 H102-B001 H102 B001 Ramblewood Drive,
south of Cerritos
8 198 VCP 0.002 60" Stanton storm
82 H107-B005 H107 B005 Alley west of Courson
St, south of Cerritos 8 285 VCP 0.002
60" Stanton storm
drain crossing
91 I041-I040 I041 I040 Rose Street at Pacific
Electric
12 402 VCP 0.217 -
101 I049-I048 I049 I048 Rose Street at Pacific
Electric
12 363 VCP 0.002 -
111 I104-I105 I104 I106 Rose Street at Pacific
Electric
18 419 VCP 1.331 -
122 J035-J034 J035 J034 Monroe Avenue, east
of Court Street
8 60 VCP 0.013 5' x 6.5' OCFCD
(C02-S01)
trapezoidal
131 K039-J038 K039 J038 Dale Street & Monroe
Avenue
2-6” 91 VCP 0.007 42” MWD pipeline
142 W010-W008 W010 W008 Beach Blvd, north of
Catherine Avenue
8 164 VCP 0.058 Dbl 12’x10’ OCFCD
(C03) RCB Channel
Total 2,941
1Length of siphon from record drawings
2Length of siphon from GIS
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WESTERN AVE IDYLWILD
DR
GRANT WAY
COLLEGE DR
MONROE AVE
COURT ST
FULTON WAY
LESSUE AVE
WINSTON RD
FERN AVE
SENTRY DR
SHERRILL ST
CODY DR
MAIN ST
SANTA RITA AVE
LOWDEN ST
KERMORE LN
ASHDALE ST
SANTA ROSALIA ST
SANDALWOOD WAY
ASBURY AVE
AMY AVE
VANTAGE ST
LOWDEN ST
PACIFIC AVE
SHERRILL ST KENNELLY LN
COURT ST
BRIARWOOD ST
SAN MARCOS DR
DALE ST
YANA DR
STARR ST
GRANDOAKS DR
ORANGEWOOD AVE
CHANTICLEER RD
HAMDEN AVE
SANTA ROSALIA ST
IDYLWILD DR
THUNDERBIRD LN
SANTA CRUZ ST
SANTA CATALINA AVE
STANTON AVE
LOLA AVE
OAK ST
CEDAR ST
COURT LN PACIFIC ST
DAVMOR AVE
FLOWER ST
CENTRAL AVE
CHESTER AVE
STANFORD AVE
ACACIA AVE
DATE ST
STARDUST LN
TINA WAY
CRIS AVE
LULLABY LN
CAMUS LN
LULLABY LN
HARRIET LN
ORRWAY DR
SKYLINE DR
VIA KANNELA
BOATMAN AVE
SYCAMORE AVE
INDUSTRIAL WAY
FILLMORE DR
CAPISTRANO DR
FLOWER AVE
HOOVER ST
CHESTNUT AVE
MITCHELL DR
UP RR
COURT ST
HYNES RD
RUTHANN AVE
SYCAMORE ST
ROSE AVE
ELECTRIC AVE
SANTA GERTRUDES AVE
CATHERINE AVE
LOLA AVE
DALE AVE
LEAFWOOD ST
BENTLY AVE
DEVONWOOD AVE
SANTA MONICA AVE
SANTA BARBARA AVE
LEXINGTON ST
WASCO RD
MACDUFF ST
1ST ST
STANDUSTRIAL ST
JANE WAY
PINE TREE LN
PALAIS RD
SANTA MARIA ST
2ND ST
BOCK AVE
BELL ST
SEABOARD C RI
ARROWHEAD ST
YORKSHIRE AVE
HOPI RD
JOEL AVE
EILEEN ST
VIA IRANA
CEDAR ST
LAMBERT WAY
B026A
H083
B045
K039
H022
W010
H102
H097
H093
I049 I104
J035
H107
I041
Legend
Siphon
!
Manhole
Sewer Pipe
City Boundary
0 400 800
±
1,600 2,400
Feet
CITY OF
GARDEN GROVE
CITY OF
CYPRESS
CITY OF
WESTMINSTER
CITY OF
GARDEN GROVE
CITY OF
BUENA PARK
CITY OF
ANAHEIM
B
E
A
C
H
B
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AV
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S
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A
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LIA
S
T
GARDEN GROVE BLVD
LAMPSON AVE LAMPSON AVE
CHAPMAN AVE CHAPMAN AVE
ORANGEWOOD AVE ORANGEWOOD AVE
KATELLA AVE KATELLA AVE
CERRITO AVE
BALL RD BALL RD
405 FWY
Project No.
227522-0001381
Date: May 2024
City of Stanton
Sewer Master Plan Update
Figure 3-4
Wastewater Collection
System Siphons
CATCH BASIN LOCATIONS
CB ID# Street Cross Street
Btwn. Address
#? & #?
Curb or Grate
Inlet Type
CB #1 Cerritos Dale 2685 G
CB #2 Cerritos Dale 8593 / 8591 C
CB #3 Cerritos Dale 8501 C
CB #4 Cerritos Dale 8502 C
CB #5 Cerritos Yana 8748 C
CB #6 Pacific Sherill 8861 / 8871 C
CB #7 Yana Cerritos 8592 C
CB #8 Yana Cerritos 8591 C
CB #9 Monroe Dale 8400 C
CB #10 Monroe Dale 8400A C
CB #11 Monroe Court 8112 C
CB #12 Monroe Court 8072 C
CB #13 Monroe Court 8100 C
CB #14 Monroe Court 8210 C
CB #15 Monroe Dale 8340 / 8322
CB #16 Monroe Dale 8341 C
CB #17 Monroe Dale 8490 C
CB #18 Dale Monroe 10800 C
CB #19 Dale Standustrial 10850 C
CB #20 Dale Cerritos 10490 C
CB #21 Monroe Court 8101 C
CB #22 Monroe Court 8111 C
CB #23 Pacific Fern 8230 C
CB #24 Katella Boatman 8351 C
CB #25 Pacific Fern 8231 C
CB #26 Pacific Sycamore 8181 C
CB #27 Pacific Sycamore 8181 C
CB #28 Pacific Court 8097 C
CB #29 Court Pacific 10702 C
CB #30 Chestnut Pacific 10732 C
CB #31 Chestnut Pacific 10731 C
CB #32 Pacific Beach 8091 C
CB #33 Pacific Beach 8092 C
CB #34 Chestnut Katella 10951 C
CB #35 Chestnut Katella 10962 C
CB #36 Katella Boatman 8352 C
CB #37 Boatman Katella 10960 C
CB #38 Monroe Dale 8211 C
CB #39 Cerritos Beach 8051 / 8045 C
CB #40 Cerritos Western Intersection C
CB #41 Western Cerritos Intersection C
CB #42 Cerritos Western 7499 C
CB #43 Cerritos Western 7500 C
CB #44 Ramblewood Cerritos 10472 / 10471 C
CB #45 Westchester Cerritos 10472 / 10471 C
CB #46 Cerritos Courson 7361 C
CB #47 Cerritos Oakhaven 7271 C
CB #48 Cerritos Lexington 7161 C
CB #49 Cerritos Knott 7011 C
CB #50 Knott Cerritos 10448 C
CB #51 Knott Cerritos 10444 C
CB #52 Knott Cerritos 10447 C
CB #53 Cerritos Knott 7012 C
CB #54 Cerritos Lexington 7182 / 7172 C
CB #55 Cerritos Bell 7100 C
CB #56 Cerritos Lowden 10510 C
CB #57 Katella Western 7501 C
CB #58 Syracuse Western 7502 C
CB #60 Syracuse Western 7501 C
CB #61 Syracuse Knott 7021 C
CB #62 Syracuse Knott 7020 C
CB #63 Knott Syracuse 10831 C
CB64 Knott Knott/Katella 10792 C
CB65 Western Katella 7483 C
CB66 Lampson
Lampson/Beach
Blvd. 12500 Grate
CB67 Lampson
Lampson/Beach
Blvd. 8058 C
CB68 Court Street
Garden Grove &
Court 12930 C
CB69 Court Street
Garden Grove &
Court 12930 C
CB70 Acacia Ave. Beach & Acacia 8111 Block ??
CB71 Garden Grove
Garden Grove &
Beach 8141 C
CB72 Stanford
Beach Blvd. &
Stanford 12765 C
CB73 Stanford
Beach Blvd. &
Stanford 12765 C
CB74 Stanford
Beach Blvd. &
Stanford 12697 C
CB75 Stanford
Beach Blvd. &
Stanford 12689 C
CB76 Lampson
Lampson/Beach
Blvd. 8131/8141 C
CB77 Lampson
Lampson/Beach
Blvd. 8101/8131 C
CB78 Lampson
Lampson/Beach
Blvd. 12444 Grate
CB79 Knott Knott/Syracuse 10870 C
CB80 Lampson
Lampson/Beach
Blvd. 7951 C
CB81 Beach Blvd
Beach/Village Ctr.
Dr. 12697 C
CB82 Beach Blvd Beach & Acacia 12775 C
CB89 Samura Lampson 7782 C
CB88 Camus Lampson 12572 C
CB85 Village Ctr. Dr. 7774 C
CB86 Village Ctr. Dr. Garden Grove 7731 C
CB87 Village Ctr. Dr. Garden Grove 7731 C
CB91 Lampson Santa Rosalia 7690 C
CB90 Lampson Santa Rosalia 7700 C
CB92 Lampson Santa Rosalia 7700 C
CB93 Georgian Santa Rosalia 12442 C
CB94 Georgian Santa Rosalia 12449 C
CB95 Santa Rosalia Georgian 12431/12441 C
CB96 Santa Rosalia Devonwood 12301/12291 C
CB97 Devonwood Santa Rosalia 12302 C
CB98 Devonwood Santa Rosalia 7691 C
CB99 Bently Santa Rosalia 7692 C
CB100 Bently Santa Rosalia 7691 C
CB101 Santa Rosalia Bently 12241 C
CB102 Laurelton Santa Rosalia 7691 C
CB103 Laurelton Santa Rosalia 7692 C
CB104 Santa Rosalia Laurelton 12121 C
CB105 Vanguard Santa Rosalia 7691 C
CB106 Vanguard Santa Rosalia 7692 C
CB107 Santa Rosalia Vanguard 12051 C
CB109 Chapman Santa Paula 7891 C
CB108 Chapman Santa Rosalia C
CB110 Irana Via Jacara 6851 C
CB111 Irana Via Jacara 6870 C
CB112 Via Kannela Via Jacara 6851 C
CB113 Western Industrial 11262 C
CB114 Western Industrial 11172/11120 C
CB115 Western Industrial 11120 C
CB116 Western Industrial 11070 C
CB118 Katella Date 7622 C
CB119 Cedar Katella City Hall C
CB120 Cedar Katella Flag Pole C
CB121 Cedar Katella OC Sherrif C
CB122 Cedar Katella OC Sherrif C
CB123 Cedar Katella Boy & Girl Club C
CB124 Katella Cedar 7850 C
CB125 Beach Blvd Katella 11151 C
CB126 Beach Blvd Katella 11002 C
CB127 Katella Beach Blvd. 11002 C
CB128 Katella Beach Blvd. 10972 C
CB129 Katella Date 7701 C
CB117 Date Katella 10951 C
CB130 Pacific Flower 7921 C
CB131 Rose Main 10626 C
CB132 Court Street Electric 10840 C
CB133 Beach Blvd Katella Gas Station C
CB134 Shadow Briarwood 8071/8081 C
CB135 Briarwood Capistrano 12250 C
CB136 Chapman Dale
A X from
Briarwood C
CB137 Chapman Beach Blvd. 11961 Grate
CB138 Chapman 12000 C
CB139 Beach Blvd Catherine 12232 C
CB140 Beach Blvd Catherine 12295 C
CB141 Beach Blvd Catherine 12331 C
CB142 Beach Blvd Chapman 11921 C
CB143 Beach Blvd Starr 10250 C
CB144 Beach Blvd Starr 10250/10200 C
CB145 Cerritos Beach Blvd. 8051 C
CB146 Magnolia Cerritos 10502 C
CB147 Magnolia Cerritos 10460 C
CB148 Cerritos b/w 8691 and 2685 C
CB149 Beach Cerritos 10480 C
CB150 Magnolia Cerritos 10501 C
CB151 Magnolia Cerritos 10471 C
CB152 Cerritos 10351 C
CB153 Thunderbird Western 7460 C
CB154 Western Cerritos 11680 C
CB155 Western Skate Park 10660 C
CB156 Western 10310 C
CB157 Knott Cerritos 6999 C
CB158 Knott Syracuse 6900 C
CB159 Knott Syracuse 10800 C
CB160 Knott 10700 C
CB161 Knott MH LOCKED 10612 C
CB162 Katella Knott 7000 C
CB163 Katella Yana Dr. 8532 C
CB164 Katella City Hall C
CB165 Katella 7001
CB166 Dale 12101 C
CB167 Chapman 8502 C
CB168 Garden Grove Sycamore 8201 C
CB169 Garden Grove 8100 C
CB170 Hickcock 10360
CB171 Cody 7514 C
CB172 Beach Main Main St. 10321 C
CB173 Beach Main Main St. 7600 C
CB174 Cody Masterson 10320 C
CB175 Cody 7770 C
CB176 Cody Wyatt 10308 C
CB177 Western 10351 C
CB178 Beach Blvd Pacfic 10400
CB179 Beach Monroe 10770
CB180 Cerritos Magnolia
CB181 Cerritos Magnolia
CB182 Beach Blvd Pacific 8340
CB183 Knott 10774
CB184 Chapman Dale 8504
CB185 Knott Kermore 10972
CB186 Kermore Knott 7053
EXHIBIT “B”
SCHEDULE OF SERVICES
EXHIBIT “C”
COMPENSATION
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 12, 2026
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE NORM ROSS SPORTS PARK IMPROVEMENT PROJECT (TASK CODE # 2022-204)
REPORT IN BRIEF:
Based on the post-bid analysis of the bids received, staff has determined Act 1 Construction, Inc. to be the lowest responsive and responsible bidder submitting a bid for the Project in the amount of $12,898,397. At this time, staff is recommending awarding the construction contract to Act 1 Construction, Inc. for the Norm Ross Sports Park Improvement Project.
RECOMMENDED ACTION:
1. City Council declare an IS/MND has been prepared for the Project under CEQA, and the IS/MND concluded that the Project will not result in any significant and unavoidable impacts to the environment; and
2. Reject the bid presented by Klassic Engineering and Construction Inc. as nonresponsive; and
3. Award a construction contract for the Norm Ross Sports Park Improvement Project to Act 1 Construction, Inc. for the total bid amount of $12,898,397; and
4. Authorize the City Manager to bind the City of Stanton and Act 1 Construction, Inc. in a contract for the construction; and
5. Authorize the City Manager to approve contract change orders, not to exceed $644,920 for the Norm Ross Sports Park Improvement Project; and
6. Award and Authorize the City Manager to bind the City of Stanton and Kizh Nation Resources Management for Native American monitoring services with an estimated cost of $80,480 and allow the City Attorney to make minor edits as necessary prior to the execution of the Agreement; and
Item: 9O
Click here to return to the agenda.
7. Award and Authorize the City Manager to bind the City of Stanton and DUDEK, Inc. for implementation of Mitigation Monitoring and Reporting services in the amount of $25,501.75; and
8. Appropriate $5,617,711 to increase the Norm Ross Sports Park Improvement Project (Task Code # 2022-204) budget from the following table:
Fund Description Amount
Park In Lieu (Fund #310) $ 1,300,000.00
Congressional Community Project
Funding Grant
(CPF – Congressman Correa)
$ 2,500,000.00
Community Center Impact Fee
(Fund #303) $ 359,000.00
FY 26/27 Park In Lieu (Fund #310) $ 340,000.00
ORCO Community Center Impact Fee $ 46,000.00
Other Public Benefit Fee (Fund #104) $ 345,000.00
ORCO Park In Lieu Fee $ 727,711.00
BACKGROUND:
The Norm Ross Sports Park Improvement Project will redevelop the 4.3-acre site into a modern community park. The Project entails, among other things, the proposed development of a little league baseball field, lighting poles, two shaded bleachers, two shaded dug outs, a field storage structure, a U-12 soccer field, a multipurpose sports court, a playground, a courtyard amphitheater, shaded picnic areas, fitness equipment, a community garden, a storage building, a park building with restrooms, a new water basin, a new pedestrian bridge, a new perimeter wall on the east and southside of the Project site, new perimeter fencing on the west and northside of the Project site, a utility/emergency entrance, a utility access area, a small and large dog park, and the upgrading of an existing pedestrian bridge.
On June 24, 2025, the City Council adopted a Mitigated Negative Declaration, a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act and approved the conceptual site plan for the Norm Ross Sports Park Improvement Project.
On October 28, 2025, the City Council authorized staff to advertise this project for construction and approved the plans and specifications subject to revisions required by the Division of the State Architect, City Engineer and the City Attorney.
At the February 10, 2026, meeting, the City Council rejected all bids and authorized staff to re-advertise the Norm Ross Sports Park Improvement Project.
ANALYSIS/JUSTIFICATION:
The bid opening for this Project following the re-advertising of the notice inviting bids was April 9, 2026. Five (5) bids were received and opened as follows:
Rank Company Base Bid
1 Klassic Engineering and Construction, Inc. (1) (2) $ 9,743,684.50 2 Act 1 Construction, Inc. $ 10,835,000.00
3 Environmental Construction, Inc. $ 11,589,787.90
4 RCCI dba Ramirez Company (1) $ 11,737,946.55
5 PUB Construction, Inc. (1) $ 12,609,254.86
(1) The bid submittal had error(s) regarding multiple line items, and so the Total Base Bid shown is calculated based on the unit pricing submitted. (2) The bid submittal is deemed rejected as non-responsive.
A formal bid protest letter was submitted by Act 1 Construction, Inc. on April 10, 2026, alleging that Klassic Engineering and Construction, Inc.’s bid is non-responsive on multiple independent grounds.
A letter was issued to Klassic Engineering and Construction, Inc. on April 23, 2026, determining that Klassic’s bid is non-responsive and that City staff intends to recommend award to the next lowest responsive and responsible bidder, Act 1 Construction, Inc.
On April 27, 2026, the City received a letter from Klassic Engineering and Construction, Inc. protesting the decision from the City. A response letter was issued to Klassic Engineering and Construction, Inc. on May 5, 2026, rejecting the protest.
Klassic’s bid was non-responsive because it failed to conform to the Base Bid Schedule as revised by the properly issued addenda. Although Klassic acknowledged the addenda, it submitted a bid using incorrect quantities for several bid items. Because those quantities affected price and bid comparison, the defect was material and could not be treated as a minor irregularity.
The City also could not allow Klassic to correct the bid schedule after bid opening because doing so would permit Klassic to change material bid terms and pricing after seeing the competitive bids provided by other contractors. That would undermine the integrity of the public bidding process. Public Contract Code section 5103 and cases such as Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897 and Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988) 206 Cal.App.3d 449 support the rule that material bid defects affecting price or bid comparison cannot be cured after bid opening. Therefore, the City properly rejected Klassic’s bid as nonresponsive.
Therefore, Act 1 Construction, Inc. submitted the lowest responsive and responsible base bid in the amount of $10,835,000, which is approximately 15 percent above the Engineer’s estimate of $9,430,000. Staff has reviewed the documents submitted and found that Act 1 Construction, Inc., has submitted the lowest bid and is compliant with the contract documents. References were checked with the Cities of Chino, Perris, and Garden Grove.
To provide flexibility given budgetary constraints, the bid documents were structured with a Base Bid Schedule and an Alternate Bid Schedule. The Base Bid Schedule covers the overall construction of the park, while the Alternate Bid Schedule provides unit pricing for the installation of dog park amenities, an extension to the community garden, replacing the easterly perimeter wall with concrete masonry unit and installing additional exterior lighting.
Based on available funding, staff recommends awarding the contract to Act 1 Construction, Inc. for the Base Bid amount of $10,835,000, and including all line items from the Alternate Bid Schedule at a cost of $2,063,397. This brings the total contract value to $12,898,397.
As part of the Project’s environmental clearance under the California Environmental Quality Act, a Mitigation Monitoring and Reporting Program (MMRP) was adopted for the Project to ensure it would avoid potentially significant environmental effects. The City is required to implement the MMRP to ensure that all mitigation measures are carried out during the project. These services may include, but are not limited to, preconstruction avian surveys, archaeological monitoring, paleontological services, and Native American monitoring.
For every construction contract awarded by City Council, City staff is required to return to City Council to accept the improvements, approve the final construction contract amount, and direct the City Council to file a Notice of Completion.
FISCAL IMPACT:
The Adopted Fiscal Year 2025/26 Capital Improvement Budget includes a remaining budget of $8,923,447 from Grants (Fund #227) and Park (Fund #310) for this project (Task Code No. 2022-204). The following table presents an estimated breakdown of the overall total project costs excluding design, Division of State Architect (DSA), and miscellaneous support costs of $767,611 that have been expended to date:
Description Amount
Construction (Base Bid Schedule) $ 10,835,000.00
Construction (Alternate Bid Schedule) $ 2,063,397.00
Construction Subtotal $ 12,898,397.00
Contingency 5% $ 644,920.00
Construction Engineering Support $ 100,000.00
Tribal (Kizh Nation) Monitoring $ 81,000.00
DSA Inspector of Record $ 200,000.00
DSA Material Testing $ 225,000.00
Avian Survey, Archaeologist and
Paleontologist Monitoring $ 25,000.00
Labor Compliance Consultant $ 40,000.00
Golden State Water System Improvements $ 300,000.00
Total $ 14,514,317.00
A summary of the costs associated with the project that is being awarded tonight are:
Description Amount
Construction (Base Bid Schedule) $ 10,835,000.00
Construction (Alternate Bid Schedule) $ 2,063,397.00
Construction Subtotal $ 12,898,397.00
Contingency 5% $ 644,920.00
Tribal (Kizh Nation) Monitoring $ 80,480.00
Avian Survey, Archaeologist and
Paleontologist Monitoring $ 25,501.75
Total $ 13,649,298.75
Therefore, staff recommends an appropriation of $5,617,711 from the funding sources listed in the following table. Staff recommends the use of contingency funding reserves for any future funding differences:
Fund Description Amount
Park (Fund #330) $ 1,300,000.00
Congressional Community Project
Funding Grant
(CPF – Congressman Correa)
$ 2,500,000.00
Community Center Impact Fee
(Fund #303) $ 359,000.00
FY 26/27 Park In Lieu $ 340,000.00
ORCO Community Center Impact Fee $ 46,000.00
Other Public Benefit Fee (Fund #104) $ 345,000.00
ORCO Park In Lieu Fee $ 727,711.00
Total $ 5,617,711.00
ENVIRONMENTAL IMPACT:
An IS/MND has been prepared for the Project under CEQA, and the IS/MND concluded that the Project will not result in any significant and unavoidable impacts to the environment.
LEGAL REVIEW:
None.
STRATEGIC GOAL:
Goal 3: Provide quality infrastructure.
Goal 5: Maintain and promote a responsive, high-quality and transparent government.
PUBLIC NOTIFICATION:
Through the normal agenda process.
Prepared 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. Norm Ross Sports Park Improvement Project Contract
B. Act 1 Construction, Inc. Bid Proposal
C. Act 1 Construction, Inc. Bid Protest
D. City’s Letter to Act 1 Construction, Inc. Response to Bid Protest E. City’s Letter to Klassic Engineering and Construction, Inc.
F. Klassic Engineering and Construction, Inc. Protest Letter G. City’s Letter to Klassic Engineering and Construction, Inc. Response to Protest Letter.
H. Kizh Nation Resources Management Agreement
I. DUDEK Professional Services Agreement
CA-1
CITY OF STANTON
CONTRACT AGREEMENT
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this 12th day of May, 2026, BY AND BETWEEN THE CITY OF STANTON, as City and ACT 1 CONSTRUCTION, INC. as CONTRACTOR.
WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:
Article I
The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions in accordance with the Standard Specifications for Public Works Construction, Faithful Performance Bond, Labor and Material Bond, and all referenced specifications, details, Standard Plans and appendices, including all applicable State and Federal requirements; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively all the foregoing shall be referenced as the “Contract Documents”). All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
Article II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
Article III
CONTRACTOR agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole hereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
Attachment: A
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CA-2
Article IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents.
The total amount of this contract shall not exceed TWELVE MILLION EIGHT HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED NINETY-SEVEN Dollars ($12,898,397.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee. CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work not to exceed the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.
Article V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employee to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.
Article VI
CONTRACTOR agrees to indemnify and hold harmless CITY and all of its officers, officials, consultants, employees, agents, and volunteers from any claims, demands or causes of action, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.
Article VII
CONTRACTOR affirms that the signatures, titles, and seals set forth herein in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.
CA-3
CONTRACTOR CITY OF STANTON
Name Date Hannah Shin-Heydorn Date
Title City Manager
ATTEST:
Name Date Patricia A. Vazquez Date
Title City Clerk
____________________________________ APPROVED AS TO FORM:
Contractor’s License Number and Classification
____________________________________
DIR Registration Number
Best Best & Krieger LLP Date
City Attorney
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED CA-4
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-5
CITY OF STANTON
FAITHFUL PERFORMANCE BOND
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-6
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-7
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-8
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-9
CITY OF STANTON
PAYMENT BOND
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-10
released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-11
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-12
CITY OF STANTON
COMPENSATION INSURANCE CERTIFICATE
NORM ROSS SPORT PARK IMPROVEMENT PROJECT
Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.
Before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.
Contractor, prior to commencing work, shall sign and file with the City of Stanton a certification as follows:
I am aware of the provisions of Section 3700 of the Labor Code which requires 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 I will comply with such provisions before commencing the performance of the work of this contract.
CONTRACTOR
By:
Title:
Date:
NORM ROSS SPORTS PARK IMPROVEMENT PROJECT CA-13
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
Attachment: B
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Attachment: C
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City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov April 23, 2026
VIA EMAIL: [email protected]
Act 1 Construction, Inc.
444 Sixth Street
Norco, CA 92860
Attn: Don Trenholm, President
Re: Response to Bid Protest – Norm Ross Sports Park Improvement Project Dear Mr. Trenholm,
The City of Stanton (“City”) is in receipt of Act 1 Construction, Inc.’s April 10, 2026 bid protest (“Protest”) concerning the above-referenced project (“Project”). The City has reviewed the protest submission and the bid documents, including the materials submitted by the apparent low bidder, Klassic Engineering and Construction Inc. (“Klassic”) Based on that review, the City staff has determined that the protest has merit, that Klassic’s bid is nonresponsive, and that the City staff intends to recommend award of the Project to Act 1 Construction, Inc.
In particular, the City finds that Klassic submitted bid forms that did not conform to the final bid package as modified by addenda, resulting in submission discrepancies. As raised in the Protest, the bid documents required bidders to use the revised forms and incorporate all addenda into their bids. The City staff has concluded that the use of resulting discrepancies in line-item pricing prevent the City from treating the bid as responsive to the solicitation requirements. Specifically, Klassic failed to revise multiple line items to reflect the units of measurement and related changes issued through the addenda, and instead submitted quantities and pricing based on a superseded bid schedule. Because Klassic’s bid is nonresponsive, the City will reject that bid and remove it from consideration for award. The City staff will therefore recommend to the City Council to proceed with award to the next lowest responsive and responsible bidder, Act 1 Construction. Inc, subject to approval by the City Council and completion of all remaining award requirements.
Please note that this letter reflects the City staff determination on the bid protest based on its review of the protest and bid records. The City reserves all rights with respect to the procurement and award process.
Sincerely,
Cesar Rangel, P.E., Public Works Director/City Engineer Attachment: D
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City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov April 23, 2026
VIA EMAIL: [email protected]
Klassic Engineering and Construction, Inc.
250 South Tustin Street
Orange, CA 92866
Attn: Keivan Shirali, CEO
Re: Norm Ross Sports Park Improvement Project
Dear Klassic Engineering and Construction, Inc.
The City of Stanton (“City”) is in receipt of and has reviewed the bid documents and materials submitted by Klassic Engineering and Construction Inc. (“Klassic”) in connection with its bid concerning the above-referenced project (“Project”).
Based on that review, the City staff has determined that Klassic’s bid is non-responsive.
Specifically, the City staff finds that Klassic submitted bid forms that did not conform to the final bid package as modified by the issued addenda, resulting in discrepancies in the bid submission. The bid documents required bidders to use the revised forms and to incorporate all addenda into their bids. Staff has concluded that the discrepancies in the submitted bid forms and line-item pricing prevent the City from treating Klassic’s bid as responsive to the solicitation requirements. Specifically, Klassic failed to revise multiple line items to reflect the units of measurement and related changes issued through the addenda, and instead submitted quantities and pricing based on a superseded bid schedule.
Accordingly, Klassic’s bid is rejected as non-responsive and will be removed from consideration for award. The City staff intends to recommend award to the next lowest responsive and responsible bidder, Act 1 Construction, Inc., subject to approval by the City Council and completion of all remaining award requirements.
Please note, this letter reflects the City staff’s determination based on its review of the protest and bid record. The City reserves all rights with respect to the procurement and award process.
Sincerely,
Cesar Rangel, P.E.
Public Works Director/City Engineer
Attachment: E
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Attachment: F
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City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov May 5, 2026
VIA EMAIL: [email protected]
Klassic Engineering and Construction, Inc.
250 South Tustin Street
Orange, CA 92866
Attn: Keivan Shirali, CEO
Re: Norm Ross Sports Park Improvement Project
Dear Klassic Engineering and Construction, Inc.
The City of Stanton (“City”) has reviewed Klassic Engineering and Construction, Inc.’s (“KEC”) April 27, 2026 letter protesting the City’s determination that KEC’s bid for the Norm Ross Sports Park Improvement Project (“Project”) was non-responsive.
It must be noted as an initial matter that “competitive bidding statutes […] are for the benefit of the public and not for the benefit of bidders” ( Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal. App. 2d 377, 383). The City appreciates KEC’s protest letter, has carefully considered it, and denies it, a legislative decision guided by consideration of the public welfare. (Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (contract award and prior acts subject to arbitrary and capricious review).
1. Project Addenda Properly Updated the Bid Schedule
KEC alleges, in part, that Addendum No. 1 did not adequately instruct bidders how to revise the Base Bid Schedule and that the City was required to provide step-by-step instructions identifying which pages or bid forms were to be removed, replaced, or revised. This is incorrect and does not find basis in California law.
When an addendum for a public works project is issued before bid opening with sufficient time for bidders to incorporate the revised information, bidders are responsible for reviewing the addendum, understanding its effect on the bid documents, and submitting a responsive bid based on the Contract Documents, as amended. Indeed, Addendum aǁer properly noticed become integrated component parts to the Contract Documents. Here, the Addendum No. 1 revised the Base Bid Schedule by changing quantities for specific bid items. KEC acknowledged the addendum but submitted a bid schedule that did not conform to the revised bid requirements. As submitted, KEC’s bid included incorrect quantities for certain items, including quantities that were too high for some items and too low for others.
Attachment: G
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City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov As a result, KEC’s bid did not offer to perform the work on the basis requested by the City through the solicitation documents as amended by Addendum No. 1 and Addendum No. 2.
The bid also did not provide the City with a proper low bid value that tracked the updated quantities and items required by the revised bid schedule. This is not a minor informality or clerical issue. The incorrect bid schedule affected price, bid comparison, and the City’s ability to evaluate the bids on a common basis. A responsive bid must conform to the material requirements of the solicitation. Because KEC’s bid did not conform to the revised Base Bid Schedule, the City properly determined that the bid was non-responsive.
2. A Valid Bid Protest Was Properly Submitted
Act 1 Construction, Inc. submitted a valid bid protest on April 10, 2026. The protest, in part, raised the issue that was already under review by the City. Specifically, that the bid schedule presented by KEC did not match the required bid schedule as revised by the Addendum. The protest was valid and timely.
KEC argues that the City failed to follow its protest procedures because KEC was not notified of the protest submitted by Act 1 Construction, Inc. and was not given a separate opportunity to respond before the City made its determination. Section 17 of the Instructions to Bidders provides that the City will review a timely protest, any response from the challenged bidder, and other relevant information. This section does not create an affirmative obligation requiring the City to notify every challenged bidder of a protest or to solicit a response in every instance. The City may seek additional information where doing so would assist its review, but is not required to seek additional information from bidders.
3. KEC Could Not Have Corrected the Error
Additional information from KEC could not have cured the material defect in the bid schedule. The issue was apparent from the bid documents, the addenda, and KEC’s submitted bid and went to the price of the bid. In accordance with applicable statutes and case law under the Public Contract Code, the City could not have allowed KEC to correct the bid schedule and change its bid price aǁer bid opening. Permitting KEC to revise the bid schedule aǁer submission would have allowed KEC to alter material bid terms aǁer bids were opened, including quantities and corresponding pricing. This would create an unfair competitive advantage and undermine the integrity of the competitive bidding process which runs afoul of California court decisions on similar issues (See, Pub Cont C §5103; See also, Ghilotti Constr. Co. v City of Richmond (1996) 45 CA4th 897; See also, Konica Bus.
Machines U.S.A. Inc. v. Regents of Univ. of California (1998), 206 Cal. App. 3d 449). The City therefore could not cure the defect by allowing KEC to revise its bid aǁer the fact.
City of Stanton
Pride. Purpose. Progress.
7800 Katella Avenue, Stanton, CA | Phone (714) 379-9222 | F ax (714) 890-1443 | StantonCA.gov Accordingly, KEC was not prejudiced by the City’s decision not to request further information before making its determination.
4. Instructions to Bidders, Section 9 Revision of Bids
KEC contends that Section 9 of the Instructions to Bidders prohibited KEC from revising its bid schedule. That is incorrect. Section 9 prohibits unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions submitted with a bid aǁer or as part of the bid submission that do not conform to the Contract Documents.
It does not prohibit bidders from preparing and submitting their bids based on duly issued addenda before bid opening.
Bidders necessarily must account for addenda, responses to questions, and revisions issued before bid submission. KEC’s position would effectively make addenda meaningless unless the City separately instructed bidders, step by step, how to update each component of their bids. That is not required by the bid documents or applicable public bidding principles.
KEC’s allegations that the City did not inform KEC how to incorporate the addenda, and that therefore the addenda did not actually revise the bid schedule is rejected.
Additionally, KEC’s reliance on State of California Department of General Services protest procedures is misplaced. Those procedures are not incorporated into the City’s bid documents, are not binding on the City, and do not govern this procurement.
For these reasons, the City staff rejects KEC’s protest. The City confirms its determination that KEC’s bid was non-responsive because it failed to conform to the Base Bid Schedule as revised by the project addenda. The City will proceed in accordance with the Contract Documents and applicable law, including staff’s recommendation regarding award of the Project. The City intends to proceed with rejecting the bid presented by KEC, rejecting the responsiveness finding protest from KEC, and recommending award of the Project to the lowest responsive and responsible bidder, Act 1 Construction, Inc. at the City Council meeting on May 12, 2026.
Sincerely,
Cesar Rangel, P.E.
Public Works Director/City Engineer
City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
K I Z H N A T I O N R E S O U R C E S M A N A G E M E N T -A Native American Owned and Operated Small Minority BusinessNATIVE AMERICAN MONITORING SERVICE AGREEMENT This agreement for Native American monitoring services is entered into on May 12, 2026 by and between, KIZH NATION RESOURCES MANAGEMENT (“KNRM”), and City of Stanton or the (“Lead Agency”) (collectively referred to as, the “Parties”), for the compliance of the development of Norm Ross Sports Park Improvement Project located at 11111 Cedar Street, Stanton, CA 90680 (the “Project Site”), with the mitigation measures adopted by the Project lead agency, the city of Stanton (the “lead agency” or “Stanton”), pursuant to the California Environmental Quality Act (“CEQA) (hereinafter, the “Project”).
RECITALS
WHEREAS, the Tribe consulted with the lead agency regarding the adverse impacts the Project will have on tribal cultural resources (“TCR”) at, on, and/or beneath the Project Site, and proposed mitigation measures to reduce those impacts below the threshold of significance as required by the California Environmental Quality Act (“CEQA”);
WHEREAS, the lead agency found that substantial evidence supported the adoption of the Tribe’s proposed TCR mitigation measures and made those mitigations mandatory conditions of the Project approval (collectively, the “Mitigations”);
WHEREAS, the purpose of this Agreement is for the protection and preservation of the Tribe’s TCRs and compliance of the Project with the adopted Mitigations.
Accordingly, KNRM and City of Stanton hereby agree as follows:
[CONTINUED ON THE FOLLOWING PAGE]
Attachment: H
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City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
MONITORING AGREEMENT
1. SCOPE OF WORK
1.1. KNRM’s Native American monitor will be physically present on the Project Site at all times grounddisturbing Project activities are occurring(i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). To implement the “tribal cultural resource” (“TCR”) Mitigations adopted for this Project, KNRM’s monitor shall:
a) Monitor all “ground disturbing activities,” including but not limited to, demolition, grubbing/clearing, rough grading, precise grading, mass grading, trenching, excavation, boring, augering, and weed abatement on previously disturbed and undisturbed ground; b) Identify uncovered and/or discovered TCRs, including but not limited to Native American artifacts, village sites, trade routes, midden deposits, ceremonial locations, human remains, and grave goods (collectively referred to as, “TCR” or “TCRs”); c) Ensure all TCRs, especially human remains and associated grave goods, are treated with culturally appropriate dignity and respect, and are handled and/or removed from the Project Site in accordance with the Tribe’s ceremonial and cultural practices ; d) Attend and participate in Project meetings, including trainings and conferences, to inform Project personnel about the potential for TCR discoveries and the appropriate courses of action if/when a discovery occurs;
e) Create daily logs of observations made during monitoring, and provide written reports detailing each TCR discovery, including but not limited to, the date and time, location on the Project Site, nature of the soil in the discovery location, facts pertaining to the Project activities in that area, the location of the perimeter around the TCR discovery that the monitor establishes to protect the location, and any cultural findings; and f) Report discoveries to the Tribal Chairman and/or the Tribal Archaeologist, and incorporate their input regarding the treatment of the TCR(s).
1.2. In order to fully and effectively execute the monitoring services identified in Section 1.1 above, the Parties agree that KNRM’s monitor shall possess all of the following rights, which may be asserted at any time and at any location on the Project Site:
a) To access any/all areas of the Project Site necessary to physically observe the “grounddisturbing activities”, as that phrase is defined in Section 1.1(a) above, as those grounddisturbing activities are occurring; b) To halt construction activity within the surrounding 50 feet (or more where deemed necessary by KNRM’s monitor) of a discovered TCR;
c) To meet and confer with the Project Supervisor in a timely manner regarding how to redirect Project activities in the vicinity of a discovered TCR and the time frame for imposing a no-work perimeter around a discovered TCR;
d) To meet and confer with the Project Supervisor in a timely manner regarding issues pertaining to effectively monitoring the Project Site in a manner that ensures compliance with the Mitigations;
e) To be timely notified of all Project meetings, including safety meetings, trainings, scheduling, etc., and permitted to attend any/all meetings; and f) To be treated in a respectful and courteous manner by all Project management, staff, personnel, contractors, and subcontractors.
City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
2. DISCOVERY OF NATIVE AMERICAN ARTIFACTS, GRAVE GOODS, AND/OR HUMAN REMAINS
2.1. If TCRs are found, the Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational purposes.
2.2. If human remains and/or grave goods are discovered or recognized at the Project Site, all damage or disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
2.3. The Lead Agency expressly acknowledges the obligations required of it under governing State and Federal laws, including but not limited to, the California Public Resources Code, California Health & Safety Code, California Government Code, and California Code of Regulations, in the event human remains are discovered on the Project Site, and expressly agrees to comply with all such obligations, and to the extent possible, obtain compliance of the property owner in the event human remains are discovered on the Project Site but on land not owned and/or controlled by the Lead Agency.
2.4. Pursuant to Public Resources Code Section 5097.98, subsections (d) and (e), if human remains or associated burial goods are found on the Project Site and in an area that is under the ownership and/or control of the Lead Agency, the Lead Agency agrees to provide a designated area on the property at which to reinter the remains and/or burial goods with appropriate dignity that is not subject to further disturbance.
2.5. In the event that human remains and/or burial goods are found within the Project Site but in an area that is outside of the ownership and/or control of the Lead Agency, the Lead Agency will make a reasonable effort to secure an agreement with the property owner to reinter the remains and/or burial goods with appropriate dignity in a designated area on the Project Site that is not subject to further disturbance, as is required of the property owner pursuant to Public Resources Code Section 5097.98, subsections (d) and (e). If such an agreement with the property owner cannot be reached, to the extent feasible, the Lead Agency will provide a designated area on the Project Site that is within the Lead Agency’s ownership and/or control, for reinternment of the human remains and/or burial goods.
2.6. If the portion of the Project Site where human remains and/or burial goods are discovered is within the ownership and/or control of the Lead Agency, pursuant to Public Resources Code Section 5097.98(b), the Lead Agency shall ensure that the immediate area surrounding the discovery will be isolated and remain undisturbed until recommendations by the designated most likely descendent (within approximately 48-hours). The grading and excavation may continue outside of the isolated area.
3. FEES AND INVOICES
3.1. The Lead Agency agrees to pay KNRM for the above described monitoring services for the Project at the following rates:
a) The standard, day-time rate per monitor is one hundred dollars ($105.00) per hour for an eight (8) hour day (“Standard Workday”). A night differential rate of $115.00 per hour will be applied for monitoring performed at or after 6 p.m. The night rate for monitoring that exceeds 8 hours per day, or 40 hours per week is $172.50 per hour City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
b) The rate for monitoring that exceeds 8 hours per day, or 40 hours per week is $ 157.50 per hour.
c) The rate for monitoring performed on a Saturday or Sunday is $172.50 per hour. d) The rate for project management services, including but not limited to, consultant communications, monitor coordination, project documentation, is one hundred and Fortyfive dollars ($145) per hour; e) The rate for Project Director services, including consultation, Project meetings and trainings, and communications, documentation, and coordination pertaining to compliance issues, is two hundred dollars ($200) per hour;
f) The rate for KNRM’s Compliance Officer Specialist (COS) is responsible for ensuring all projects are working in a safe, healthy, and professional work environment. The KNRM compliance officer performs project inspections to assess that Lead Agencys and KNRM monitors are following all safety and environmental laws per Federal and State regulations at a rate of one hundred and Twenty dollars ($120) per hour; g) In the event TCRs are discovered (whether prehistoric or historic), a KNRM Archaeologist (who meets the Secretary of the Interior’s standards for Professional Archaeology), shall be retained in addition to the monitor to assess the TCR, at a rate of one hundred and fifty dollars ($150) per hour;
h) Mileage shall be reimbursed at the Federal Standard Rate for travel to and from the Project Site, to/from KNRM’s office located at 910 N. Citrus Avenue, Covina, California; i) Lodging is required if the monitor must travel 40 miles or more to the Project site, and is reimbursed at the rate of two-hundred dollars ($200) per night; and j) Per diem for meals at the rate of seventy-five dollars ($75) per day.
3.2. If it is unreasonable for one monitor to fulfill their duties because Project Activities are occurring concurrently, at more than one location on the Project Site and at a distance impractical for a single monitor to serve simultaneously, then an additional monitor will be required at identical rates and on identical terms.
3.3. KNRM shall invoice Lead Agency for fees monthly. The Lead Agency shall make payment to KNRM not later than thirty (30) days following the invoice date (Net 30. Invoices not paid within 30 days of the invoice date are subject to a finance charge equal to ten percent (10%) of the monthly invoice total each additional month payment is not received. Checks shall be made payable to “Kizh Nation Resources Management” and mailed to:
Kizh Nation Resources Management
910 N. Citrus Ave
Covina, CA 91722
3.4. The Lead Agency’s estimated hours of monitoring services utilized for the Project budget of $80,480.00 (if any) shall not constitute or be interpreted as a limitation on the monitoring services performed for this Project by KNRM if additional monitoring is necessary to satisfy the Project mitigations and conditions of approval.
3.5. If at any point either KNRM or the Lead Agency estimates that KNRM’s fees for monitoring services required to complete the Project will exceed the estimated budget of $80,480.00 previously approved by the Lead Agency in connection with the agreement, the Parties will meet and confer with respect to the additional funding needed to complete monitoring services required for the Project, as defined herein.
City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
4. NOTICE
4.1. To ensure there are no delays and to ensure a monitor is present onsite we request a minimum of 72 hours advance written notice to assist with scheduling efforts. Please submit your monitor requests to: KNRM Dispatch to [email protected] or text or call (626) 825-8248. For immediate assistance you may contact Andrew Salas (626) 926-4131. For archaeological services you can contact our Tribal Archaeologist John Torres at [email protected] or (909)705- 6241.
4.2. In the event a scheduled Standard Workday is canceled entirely or the hours are altered for any reason, the Lead Agency shall promptly notify KNRM no later than 5:00 p.m. PST on the business day prior to the altered day, at the “Contact Information” set forth in Section 5 below. If KNRM has not received timely notice of a schedule cancellation or change, a minimum fee of four hundred twenty dollars ($420.00) shall be applied per late cancellation event.
4.3. All communications pertaining to or that may impact KNRM’s implementation of the services set forth in section 1 of this Agreement shall be made in writing and per the contact information in section 5 below.
5. CONTACT INFORMATION
5.1. Notices to KNRM:
Telephone - (626) 926-4131
KNRM Office - (626) 521-5827
Email: [email protected]
5.2. Lead Agency :
Name: _______________________________
Phone: _______________________________
Email: _______________________________
5.3. On-Site Project Contact (i.e., “Project Supervisor”) Name: _______________________________
Phone: _______________________________
City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
Email: _______________________________
5.4 Billing Contact information
Name: _______________________________
Phone: _______________________________
Email: _______________________________
6. LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES
6.1. Despite any language in this Agreement to the contrary, KNRM’s obligations under this Agreement (including any actual or alleged breach or default by KNRM) do not constitute personal obligations of the individual partners, directors, officers, members or shareholders of KNRM or the Tribe, or the partners or members of KNRM or the Tribe. The Lead Agency shall not seek recourse against the individual partners, directors, officers, members or shareholders of KNRM or the Tribe, or any of their personal assets for satisfaction of any liability with respect to this Agreement.
6.2. In consideration of the benefits accruing hereunder to the Lead Agency and notwithstanding anything contained in this Agreement to the contrary, the Lead Agency hereby covenants and agrees for itself and all of its successors and assigns that the liability of KNRM and the Tribe for KNRM’s obligations under this Agreement (including any liability as a result of any actual or alleged failure, breach or default hereunder by KNRM or any alleged tort committed in connection with KNRM’s work), shall be limited solely to KNRM’s insurance coverage as provided in Section 7 of this Agreement.
6.3. In the event the Lead Agency performs (directly or through a contractor, subcontractor, agent, representative or otherwise at the Lead Agency’s direction) or allows to be performed grounddisturbing work without a monitor present in violation of Mitigations and in breach of this Agreement, KNRM will suffer substantial harm for which it is impracticable to fix actual damages. To limit or prevent further harm, the Lead Agency agrees and consents to the immediate issuance of a Stop Work Order by the Project lead agency, which shall stay in full force and effect unless and until the Parties resolve the non-compliance events and resulting damages.
6.4. In an effort to liquidate in advance the sum that should represent such damages and to avoid the additional costs Lead Agency will incur to remedy that breach by redoing all non-compliant grounddisturbing Project activities with a KNRM monitor present, Lead Agency agrees to pay KNRM a “Noncompliance Fee” equal to the cost of redoing all non-compliant ground-disturbing Project activities, plus KNRM’s monitoring fees for monitoring those activities. You acknowledge that you have been given notice of this Noncompliance Fee and agree that such a fee is fair and reasonable.
7. INSURANCE
7.1. A certificate of general liability insurance coverage can be provided upon request.
7.2. KNRM does not hold an automobile liability policy for the monitors. Vehicles are only used for transportation to and from the Project Site. Each individual monitor is required to carry automobile insurance pursuant to California State law. Proof of a monitor’s automobile insurance can be provided upon request.
City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
8. MISCELLANEOUS
8.1. Governing Law. This Agreement shall be governed by, and construed pursuant to, the laws of the state of California.
8.2. Recitals. All recitals set forth in this Agreement are contractual.
8.3. Terms and Headings. Section headings of this Agreement are for convenience, are merely descriptive, and do not alter the rights of the parties.
8.4. Time. Time is of the essence with respect to performance of every provision of this Agreement in which time or performance is a factor. All references in this Agreement to “days” shall mean calendar days unless specifically modified herein to be “business” days.
8.5. Professional Fees. If either KNRM or Lead Agency should bring suit against the other with respect to this Agreement, then all reasonable costs and expenses incurred by the prevailing party therein (including, without limitation, its accountants’, attorneys’, experts’ and other professional’s fees, expenses and court costs), shall be paid by the other party.
8.6. Waiver. The waiver by either party of any breach by the other party of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant and condition herein contained, nor shall any custom or practice which may become established between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of any party to insist upon the performance by the other in strict accordance with said terms.
8.7. Prior Agreements; Amendments. This Agreement, contains all of the covenants, provisions, agreements, conditions and understandings between the Parties concerning the Project and any other matter covered or mentioned in this Agreement, and no prior agreement or understanding, oral or written, express or implied, pertaining to the Project or any such other matter shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the Parties hereto or their respective successors in interest. The Parties acknowledge that all prior agreements, representations and negotiations are deemed superseded by the execution of this Agreement to the extent they are not expressly incorporated herein. The Parties hereto acknowledge and agree that each has participated in the negotiation and drafting of this Agreement; therefore, in the event of an ambiguity in, or dispute regarding the interpretation of, this Agreement, the interpretation of this Agreement shall not be resolved by any rule of interpretation providing for interpretation against the party who caused the uncertainty to exist or against the draftsman. Any deletion of language from this Agreement prior to its execution by the Parties shall not be construed to raise any presumption, canon of construction or implication, including, without limitation, any implication that the Parties intended thereby to state the converse of the deleted language.
8.8. Separability. The invalidity or unenforceability of any provision of this Agreement shall in no way affect, impair or invalidate any other provision hereof, and such other provisions shall remain valid and in full force and effect to the fullest extent permitted by law.
8.9. Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, governmental moratorium or other governmental action or inaction (including failure, refusal or delay in issuing permits, approvals and/or authorizations), orders/closures/restrictions pertaining to COVID-19, injunction or court order, riots, insurrection, war, fire, earthquake, flood, inclement weather in excess of average for the Orange County area or other natural disaster or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Agreement (herein collectively, "Force Majeure Delays"), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period City of Stanton- KNRM – NATIVE AMERICAN MONITORING SERVICE AGREEMENT
equivalent to the period of such delay, provided the delayed party has notified the other party of the Force Majeure Delay within five (5) business days of learning of the same, such notice specifically describes the Force Majeure Delay and its expected duration, and the delayed party regularly updates the other party of the status of the same and the delayed party takes all commercially reasonable efforts to mitigate the effects and minimize the duration of the delay. The provisions of this Section 7.9 shall not apply to nor operate to excuse Lead Agency (or any thirdparty contractor operating on behalf of Lead Agency) from the payment of any fees owed to or the reimbursement of costs incurred by KNRM in accordance with the terms of this Agreement, nor extend the date for payment of same to KNRM.
8.10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. Facsimile and electronic signatures are valid and binding.
8.11. Lead Agency’s Authority. The agent/representative of the Lead Agency that executes this Agreement represents and warrants that: (a) the Lead Agency is qualified to do business in the state of California; (b) such persons executing this Agreement are duly authorized to execute and deliver this Agreement on the Lead Agency’s behalf, or a duly adopted resolution of the Lead Agency’s board of directors; and (c) this Agreement is binding upon the Lead Agency in accordance with its terms.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of __________________ 2026. “LEAD AGENCY ” City of Stanton
*By: ___________________________________
Print Name: _________________________
Print Title: __________________________
“KNRM” KIZH NATION RESOURCES MANAGEMENT
*By: ___________________________________
Print Name: _________________________
Print Title: __________________________
CITY OF STANTON
PROFESSIONAL SERVICES AGREEMENT
FOR
MITIGATION MONITORING AND REPORTING SERVICES FOR THE NORM ROSS
SPORTS PARK IMPROVEMENT PROJECT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Dudek, Inc., a CORPORATION, with its principal place of business at 687 S Coast Highway 101 Suite 110, Encinitas, CA 92024 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional mitigation monitoring and reporting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional mitigation monitoring and reporting services to public clients, is licensed in the State of California, and is familiar with the project.
2.2 Project.
City desires to engage Consultant to render such services for the Norm Ross Sports Park Improvement Project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional mitigation monitoring and reporting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from May 12, 2026 to December 31, 2027, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Attachment: I
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Ed Iglesias.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder.
Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Ed Iglesias, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules, and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement, or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary, and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, as applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWENTY-FIVE THOUSAND FIVE HUNDRED ONE DOLLARS AND SEVENTY-FIVE CENTS ($25,501.75) (“Total Compensation”) without written approval of City’s Director of Public Works. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Dudek, Inc.
687 S Coast Highway 101
Suite 110
Encinitas, CA 92024
Attn: Ed Iglesias
City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Cesar Rangel, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including, but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost, or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify, and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants, or agents in connection with the performance of the Consultant's Services, the Project, or this Agreement, including, without limitation, the payment of all damages, expert witness fees and attorney fees, and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents, or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates, or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.
CITY OF STANTON DUDEK, INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Name:
Title:
ATTEST:
By:
Patricia Vazquez
City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
By:_________________________________
Best Best & Krieger LLP
City Attorney
EXHIBIT “A”
SCOPE OF SERVICES
February 06, 2026
Daniel Herrera
City of Stanton
7800 Katella Ave
Stanton, CA 91739
Subject: Environmental Compliance Services for the Norm Ross Sports Park Improvement Project, City of Stanton, California.
Dear Mr. Herrera:
Dudek is pleased to present this proposal to the City of Stanton’s Public Works & Engineering department to complete environmental compliance survey services in support of the Norm Ross Sports Park Improvement Project (project) located in the City of Stanton (City), California. It is Dudek’s understanding that the Project area encompasses an underutilized sports park (APN 131-091-30) at 11111 Cedar Street, located behind the City’s Carver Early Education Center. The project seeks to develop a little league baseball field, lighting poles, a U-12 soccer field, a multipurpose sports court, a playground, a courtyard amphitheater, shaded picnic areas, fitness equipment, a community garden, a storage building, restrooms, a new water basin, a pedestrian bridge, perimeter walls and/or fencing, a utility and emergency entrance, a utility access area, a small and large dog park, and complete improvements an existing pedestrian bridge. The project encompasses approximately 4.2 acres of preexisting sports park. For the park improvement work, an Initial Study/Mitigated Negative Declaration (ISMND) was developed with associated mitigation measures (MMs) that call out a Preconstruction Avian Survey and on-call archaeological and paleontological monitoring. Dudek will provide preconstruction avian survey and letters of retention for both the project archaeologist and paleontologist, prior to the commencement of construction activities. Dudek assumes the full 4.2-acre work area will need to be surveyed by a qualified biologist, 14 days prior to work commencing. Construction is anticipated to take 180 working days, per correspondence with the City on October 28, 2026.
TASK 1 PRECONSTRUCTION AVIAN SURVEY
Dudek understands that Project activities will occur during the nesting bird season (defined as February through August). In accordance with MM-BIO-1, a preconstruction avian survey (survey) will be conducted by a qualified biologist within 14 days prior to any work commencing. The survey area will include the Project impact area (i.e., disturbance footprint) including the existing trees on site identified for removal, plus a 250-foot buffer to search for passerine and a minimum 500-foot buffer to search for nesting raptors (birds of prey).
Should any active nests for birds listed under the Migratory Bird Treaty Act be discovered within the project site or within the area of construction-related activities, an adequate protective buffer zone shall be established by To: Daniel Herrera
Subject: Environmental Compliance Survey Services for the Norm Ross Sports Park Improvement Project 2 the Dudek biologist to protect the nesting site. Protective buffer zones shall include a minimum of 75 feet for passerine birds and a minimum of 200 feet for raptors. Buffer distances shall be determined by the qualified Dudek biologist, based on site conditions like topography, if the nest is in a line of site of construction activities, and the sensitivity of the nesting bird species. The Dudek qualified biologist may also utilize additional protective measures like the establishment of clearly delineated exclusionary zones, if necessary.
Prior to the initiation of construction activities, the Dudek qualified biologist will prepare a memorandum (memo) of the survey results to be provided to the City. The memo will describe the methods used for survey efforts, results of the survey, recommended buffers, and/or justification for buffer reductions. The survey memo will be submitted to the City within one week of completion of the survey. If an active nest is observed during the survey, the memo will include a map that shows the nesting site and designated protective buffer. Construction will not be allowed to proceed until appropriate buffer distances are employed for all potentially active nests.
Task 1 Assumptions
▪ The preconstruction avian survey is assumed to take one day to complete. ▪ It is anticipated that no nests or any nesting birds will be discovered during survey efforts. ▪ Dudek assumes that a memo of survey results shall be sufficient. Should additional reporting be required, Dudek will coordinate with you to develop an appropriate scope of work and cost estimate, as applicable.
▪ Dudek will be on an as needed time and materials basis not to exceed $3,468.75; The costs provided are based on current assumptions.
Task 1 Deliverables
▪ One survey memo of preconstruction avian survey results.
Cost for Task 1 ....................................................................................................................................... $3,468.75 TASK 2 PALEONTOLOGICAL RESOURCES MITIGATION AND MONITORING SERVICES Task 2.1 Qualified Paleontologist Letter of Retention
In accordance with MM-GEO-1, Dudek will provide a letter of retention that includes the resume for the City approved qualified paleontologist to the City prior to the issuance of a grading permit. The letter will confirm that a Project Paleontologist has been retained to oversee on-call paleontological resources services in the event of an inadvertent discovery.
Task 2.1 Assumptions
▪ The preparation and submittal of a letter of retention will be sufficient to satisfy the requirements of MM-GEO-1.
▪ Dudek will be on an as needed time and materials basis not to exceed $980.00; The costs provided are based on current assumptions.
To: Daniel Herrera
Subject: Environmental Compliance Survey Services for the Norm Ross Sports Park Improvement Project 3 Task 2.1 Deliverables
▪ One letter of retention.
Cost for Task 2.1 ....................................................................................................................................... $980.00 Task 2.2 Paleontological Resources On-Call Construction Monitoring This task will only be implemented in the event of a paleontological resources inadvertent discovery.
In accordance with MM-GEO-1, Dudek will provide paleontological resources on-call monitoring services for any inadvertent discoveries made during construction. This proposal assumes up to five days of paleontological work for the Qualified Project Paleontologist should they be called for an inadvertent discovery. This proposal also assumes eight-hour workdays (including travel time) and mileage from the Dudek Mission Viejo office at the 2026 federal mileage rate and will be billed for actual hours worked. It is also assumed that no paleontological resources (i.e., fossils) requiring salvage, analysis, and curation will be discovered during the monitoring program. If such resources are discovered, we will work with you on a budget augment as necessary. Should additional days of paleontological monitoring be needed, Dudek will work with the client on a budget augment as necessary. Dudek will bill on a time and materials basis.
Task 2.2 Assumptions
▪ No more than five days (40 hours including drive time) of monitoring will be required for one qualified paleontological monitor to be present on-site in case of one paleontological resources inadvertent discovery.
▪ Dudek assumes a workday consists of eight hours and work will occur Monday through Friday, with no night work or weekend work.
▪ If workdays are shorter than eight hours, or fewer monitoring days are required, Dudek will bill the actual hours worked to a minimum of four hours.
▪ Dudek will bill a minimum 4-hour day for work cancelled within a 24-hour window. ▪ Mileage allowance is calculated from Dudek’s Mission Viejo office at the 2026 federal mileage rate of $0.73 per mile.
▪ Dudek will be on an as needed time and materials basis not to exceed $8,000.00; The costs provided are based on current assumptions.
▪ Should additional archaeological monitoring days be required, they will be calculated at a daily rate of $1,600.00. Dudek will coordinate with you to develop an appropriate scope of work and cost estimate, as applicable.
Cost for Task 2.2 .................................................................................................................................... $8,000.00
To: Daniel Herrera
Subject: Environmental Compliance Survey Services for the Norm Ross Sports Park Improvement Project 4 Task 2.3 Paleontological Monitoring Report
This task will only be implemented in the event of a paleontological resources inadvertent discovery.
Pursuant to industry standards, upon completion of the monitoring program, Dudek will prepare a final paleontological monitoring letter report documenting all activities and discoveries. Dudek assumes that no paleontological resources will be discovered that require formal documentation or evaluation and that an electronically submitted report will be sufficient. If discoveries requiring formal documentation are made, a budget augment may be necessary. It is assumed that no more than one round of comments/edits to the final monitoring memorandum will be required.
Task 2.3 Assumptions
▪ Dudek will be on an as needed time and materials basis not to exceed $3,490.00; The costs provided are based on current assumptions.
Task 2.3 Deliverables
▪ One paleontological resources monitoring letter report will be submitted as draft and final. Draft includes one round of review/comment/revision cycle prior to preparation of the Final Report.
Cost for Task 2.3 .................................................................................................................................... $3,490.00 TASK 3 CULTURAL RESOURCES MITIGATION AND MONITORING SERVICES Task 3.1 Qualified Archaeologist Letter of Retention
In accordance with MM-CUL-1, a Dudek Project Archaeologist will prepare and electronically submit a letter of retention to the City. This letter will confirm that a Project Archaeologist has been retained to oversee on-call cultural resources services in the event of an inadvertent discovery. Should a discovery occur, Dudek will coordinate with you to develop an appropriate scope of work and cost estimate. At this time, Dudek assumes that the preparation and submittal of a letter of retention will be sufficient to satisfy the requirements of MMCUL-1.
Task 3.1 Assumptions
▪ The preparation and submittal of a letter of retention will be sufficient to satisfy the requirements of MM-CUL-1.
▪ Dudek will be on an as needed time and materials basis not to exceed $985.00; The costs provided are based on current assumptions.
Task 3.1 Deliverables
▪ One letter of retention.
To: Daniel Herrera
Subject: Environmental Compliance Survey Services for the Norm Ross Sports Park Improvement Project 5 Cost for Task 3.1 ....................................................................................................................................... $985.00 Task 3.2 Archaeological Resources Monitoring
This task will only be implemented in the event of a cultural resources inadvertent discovery.
In accordance with MM-CUL-1, Dudek will provide a qualified archaeological monitor under the direct supervision of the Project Archaeologist to be present on-site in case of one non-significant cultural resources inadvertent discovery. This task will be completed in close coordination with the City and consulting Tribe(s), as applicable. Daily logs will be prepared by monitors detailing daily activities. Logs will be submitted digitally to the City as part of the final reporting, or as otherwise requested. Dudek assumes that no more than five (5) days of monitoring by an archaeological monitor (40 hours plus drive time) will be needed to meet compliance with the Project’s requirements. Dudek requests at least two business days (48 hours) of notice prior to mobilization and will bill a minimum 4-hour day and for work cancelled within a 24-hour window. This scope also includes drive time and mileage calculated from Dudek’s Mission Viejo office at the 2026 federal mileage rate of $0.73 per mile, as well as time for project coordination by the Project Archaeologist.
Task 3.2 Assumptions
▪ The preparation and submittal of a letter of retention will be sufficient to satisfy the requirements of MM-CUL-1.
▪ No more than five days (40 hours plus drive time) of monitoring will be required for one qualified archaeological monitor to be present on-site in case of one non-significant cultural resources inadvertent discovery.
▪ Dudek assumes a workday consists of eight hours and work will occur Monday through Friday, with no night work or weekend work.
▪ If workdays are shorter than eight hours, or fewer monitoring days are required, Dudek will bill the actual hours worked to a minimum of four hours.
▪ Dudek will bill a minimum 4-hour day for work cancelled within a 24-hour window. ▪ Mileage allowance is calculated from Dudek’s Mission Viejo office at the 2026 federal mileage rate of $0.73 per mile.
▪ No significant cultural resources will be identified that require formal documentation and evaluation.
▪ Dudek will be on an as needed time and materials basis not to exceed $6,748.00; The costs provided are based on current assumptions.
▪ Should additional archaeological monitoring days be required, they will be calculated at a daily rate of $1,130.00. Dudek will coordinate with you to develop an appropriate scope of work and cost estimate, as applicable.
Cost for Task 3.2 .................................................................................................................................... $6,748.00
To: Daniel Herrera
Subject: Environmental Compliance Survey Services for the Norm Ross Sports Park Improvement Project 6 Task 3.3 Post Construction Reporting
This task will only be implemented in the event of a cultural resources inadvertent discovery.
Following the completion of monitoring, as applicable, Dudek will prepare a cultural resources monitoring letter report documenting overall monitoring activities in accordance with the Project’s requirements and City guidelines. Dudek assumes that no significant cultural resources will be discovered that require formal documentation and evaluation and that a letter report documenting monitoring activities will be sufficient. If non-significant artifacts are identified during the course of construction, this task assumes that these resources will be documented on site and that no collection or curation will be necessary. Once complete, the report will be submitted to the South Central Coastal Information Center at the California State University, Fullerton. Should any discoveries be made that require formal documentation, evaluation, and/or data recovery, Dudek will work with you to develop an appropriate scope of work and cost estimate.
Task 3.3 Assumptions
▪ Dudek will be on an as needed time and materials basis not to exceed $1,830.00; The costs provided are based on current assumptions.
Task 3.3 Deliverables
▪ One cultural resources monitoring letter report will be submitted as draft and final. Draft includes one round of review/comment/revision cycle prior to preparation of the Final Report.
Cost for Task 3.3 .................................................................................................................................... $1,830.00 To: Daniel Herrera
Subject: Environmental Compliance Survey Services for the Norm Ross Sports Park Improvement Project 7 Cost Summary
As shown above, and summarized in the table below, a total estimated cost of $25,501.75 will be required to complete the outlined scope of work. Please see Attachment “A” for Dudek’s 2026 Fee Schedule.
Cost Summary Table
Task Description Estimated Cost
Task 1 – Preconstruction Avian Survey $3,468.75
Task 2 – Paleontological Resources -
• Task 2.1 - Qualified Paleontologist Letter of Retention $980.00 • Task 2.2 - Paleontological Resources On-Call Construction Monitoring
$8,000.00
• Task 2.3 - Paleontological Monitoring Report $3,490.00 Task 3 – Cultural Resources Mitigation and Monitoring Services - • Task 3.1 - Qualified Paleontologist Letter of Retention $985.00 • Task 3.2 - Archaeological Resources Monitoring $6,748.00 • Task 3.3 - Post Construction Reporting $1,830.00
Total Cost $25,501.75
We appreciate this opportunity to assist you. If you have any questions, please contact me at 949.439.0521 or [email protected].
Sincerely,
____________________________________
Ed Iglesias
Project Manager
cc: Nicolo Di Jerlando
EXHIBIT “B”
COMPENSATION
DUDEK 2026 Standard Schedule of Charges
Engineering Services
Project Director........................................................................$350.00/hr Principal Engineer lll................................................................$330.00/hr Principal Engineer II ................................................................$310.00/hr Principal Engineer I .................................................................$300.00/hr Program Manager....................................................................$285.00/hr Senior Project Manager ..........................................................$285.00/hr Project Manager......................................................................$275.00/hr Senior Engineer III....................................................................$270.00/hr Senior Engineer II.....................................................................$260.00/hr Senior Engineer I......................................................................$250.00/hr Project Engineer IV/Technician IV .........................................$240.00/hr Project Engineer llI/Technician III..........................................$230.00/hr Project Engineer lI/Technician II............................................$215.00/hr Project Engineer I/Technician I..............................................$200.00/hr 3D Production Manager..........................................................$225.00/hr Senior Designer II.....................................................................$220.00/hr Senior Designer I......................................................................$210.00/hr Designer...................................................................................$195.00/hr Assistant Designer...................................................................$190.00/hr CADD Operator III.....................................................................$210.00/hr CADD Operator II......................................................................$205.00/hr CADD Operator I.......................................................................$165.00/hr CADD Drafter............................................................................$185.00/hr CADD Technician .....................................................................$135.00/hr Project Coordinator II ..............................................................$165.00/hr Project Coordinator I ...............................................................$135.00/hr Engineering Assistant..............................................................$130.00/hr Environmental Services
Senior Project Director............................................................$375.00/hr Project Director........................................................................$350.00/hr Senior Specialist V...................................................................$290.00/hr Senior Specialist IV..................................................................$275.00/hr Senior Specialist III..................................................................$260.00/hr Senior Specialist II...................................................................$245.00/hr Senior Specialist I....................................................................$230.00/hr Specialist V...............................................................................$220.00/hr Specialist IV..............................................................................$205.00/hr Specialist III..............................................................................$195.00/hr Specialist II...............................................................................$185.00/hr Specialist I................................................................................$175.00/hr Analyst V...................................................................................$165.00/hr Analyst IV..................................................................................$155.00/hr Analyst III ..................................................................................$145.00/hr Analyst II ...................................................................................$135.00/hr Analyst I ....................................................................................$115.00/hr Technician IV............................................................................$105.00/hr Technician III............................................................................$95.00/hr Technician II.............................................................................$85.00/hr Technician I..............................................................................$75.00/hr Project Coordinator II ..............................................................$165.00/hr Project Coordinator I ...............................................................$135.00/hr Mapping and Surveying Services
UAS Pilot...................................................................................$180.00/hr Survey Lead .............................................................................$310.00/hr Survey Manager.......................................................................$270.00/hr Survey Crew Chief....................................................................$205.00/hr Survey Rod Person..................................................................$155.00/hr Survey Mapping Technician ...................................................$145.00/hr Construction Management Services
Principal Manager ...................................................................$225.00/hr Senior Construction Manager ................................................$195.00/hr Senior Project Manager ..........................................................$190.00/hr Construction Manager ............................................................$190.00/hr Project Manager/Construction Management.......................$180.00/hr Resident Engineer...................................................................$175.00/hr Construction Engineer.............................................................$180.00/hr On-site Owner’s Representative.............................................$165.00/hr Prevailing Wage Inspector......................................................$165.00/hr Construction Inspector............................................................$155.00/hr Administrator/Labor Compliance...........................................$130.00/hr Hydrogeology/HazWaste Services
Project Director........................................................................ $350.00/hr Principal Hydrogeologist/Engineer III .................................... $330.00/hr Principal Hydrogeologist/Engineer II ..................................... $320.00/hr Principal Hydrogeologist/Engineer I ...................................... $310.00/hr Senior Hydrogeologist V/Engineer V...................................... $285.00/hr Senior Hydrogeologist IV/Engineer IV.................................... $275.00/hr Senior Hydrogeologist III/Engineer III.................................... $265.00/hr Senior Hydrogeologist II/Engineer II...................................... $255.00/hr Senior Hydrogeologist I/Engineer I........................................ $245.00/hr Project Hydrogeologist V/Engineer V..................................... $235.00/hr Project Hydrogeologist IV/Engineer IV................................... $225.00/hr Project Hydrogeologist III/Engineer III ................................... $215.00/hr Project Hydrogeologist II/Engineer II ..................................... $205.00/hr Project Hydrogeologist I/Engineer I ....................................... $195.00/hr Hydrogeologist/Engineering Assistant .................................. $150.00/hr HazMat Field Technician ........................................................ $140.00/hr District Management & Operations
District General Manager ....................................................... $225.00/hr District Engineer...................................................................... $230.00/hr Operations Manager............................................................... $170.00/hr District Secretary/Accountant................................................ $155.00/hr Collections System Manager.................................................. $155.00/hr Grade V Operator .................................................................... $145.00/hr Grade IV Operator ................................................................... $130.00/hr Grade III Operator.................................................................... $120.00/hr Grade II Operator..................................................................... $100.00/hr Grade I Operator...................................................................... $95.00/hr Operator in Training ................................................................ $85.00/hr Collection Maintenance Worker............................................. $90.00/hr Project Delivery Services
Technology Specialist II .......................................................... $245.00/hr Technology Specialist I ........................................................... $190.00/hr GIS Analyst V............................................................................ $220.00/hr GIS Analyst IV........................................................................... $200.00/hr GIS Analyst III........................................................................... $185.00/hr GIS Analyst II............................................................................ $145.00/hr GIS Analyst I............................................................................. $130.00/hr Creative Services IV ................................................................ $190.00/hr Creative Services III................................................................. $165.00/hr Creative Services II.................................................................. $150.00/hr Creative Services I................................................................... $135.00/hr Technical Editor lV................................................................... $190.00/hr Technical Editor lll ................................................................... $165.00/hr Technical Editor ll.................................................................... $155.00/hr Technical Editor l..................................................................... $135.00/hr Publications Specialist lV........................................................ $140.00/hr Publications Specialist lll........................................................ $130.00/hr Publications Specialist ll......................................................... $120.00/hr Publications Specialist l.......................................................... $110.00/hr Clerical Administration............................................................ $100.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Invoices, Late Charges – All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 30 days after the date of the invoice.
Annual Increases – Unless identified otherwise, these standard rates will increase in line with the CPI-U for the nearest urban area per the Department of Labor Statistics to where the work is being completed) or by 3% annually, whichever is higher.
Prevailing Wage – The rates listed above assume prevailing wage rates do not apply.
If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 12, 2026
SUBJECT: FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH INTERWEST RELATING TO POTENTIAL
PREPARATION OF REPLACEMENT HOUSING PLAN AND
RELOCATION PLAN AND IMPLEMENTATION OF PERMANENT
RELOCATION SERVICES FOR CITY PROPERTIES AT THE TINA
PACIFIC NEIGHBORHOOD
REPORT IN BRIEF:
The City Council will consider approving the Fourth Amendment to the Professional Services Agreement with Interwest. The Fourth Amendment expands the scope of work to include potential preparation of a replacement housing plan in addition to the existing scope of work for a potential relocation plan and potential permanent relocation services, extends the term through October 2027, and increases the not-to-exceed compensation amount from $243,000 to $360,000.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Authorize the City Manager to enter into a Fourth Amendment to the Professional Services Agreement with Interwest for preparation of a potential replacement housing plan in addition to the existing scope of work for a potential relocation plan and potential permanent relocation services in a form approved by the City Attorney.
BACKGROUND:
Since October 2023, the City has retained Interwest to provide professional relocation services for the Tina Pacific neighborhood in support of ongoing site stabilization efforts and future potential redevelopment planning.
Item: 9P
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2 In November 2024, in response to escalating impacts associated with homelessness, the City Council adopted a Homelessness State of Emergency. This action recognized significant increases in unsheltered individuals and corresponding health and safety concerns throughout the City, including within the Tina Pacific neighborhood. The presence of vacant and underutilized units at the site contributed to ongoing challenges, including trespassing, property damage, and threats to resident safety.
To address these conditions, the City directed Interwest to implement voluntary relocation options for residents. These options allowed tenants to relocate to alternative housing, consolidate occupancy into more secure buildings, or remain in place with continued City support. To date, 20 families have accepted voluntary relocation services, helping to reduce vacancy-related risks and improve overall site conditions. Collectively, these efforts have been critical in enhancing safety, minimizing opportunities for unlawful activity, and stabilizing the neighborhood while the City explores potential longer-term planning and redevelopment objectives.
ANALYSIS AND JUSTIFICATION:
Currently, there is no redevelopment project in the Tina Pacific neighborhood. However, the City continues to seek potential partners and explore potential redevelopment options.
Any potential project will require relocation and replacement housing plans and implementation that is consistent with applicable state and federal requirements.
The City has long partnered with Interwest, which in addition to being responsive and reliable, is knowledgeable regarding the Tina Pacific neighborhood because of their years-long contacts with neighborhood residents. When any relocation and replacement housing plans are required, the City, in partnership with Interwest, will be positioned to immediately engage with prospective development partners and residents. This will reduce uncertainty, streamline future negotiations, and enable the City to move efficiently toward potential redevelopment.
FISCAL IMPACT:
Funding is available in the Housing Authority Fund.
ENVIRONMENTAL IMPACT:
None, this item is an administrative activity not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). 3 LEGAL REVIEW:
The City Attorney’s Office has reviewed the staff report.
STRATEGIC GOAL:
Goal 5. Maintain and promote a responsive, high-quality and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Sharon del Rosario, Finance Director Approved by:
ATTACHMENTS:
A. Fourth Amendment to Professional Services Agreement with Interwest B. Professional Services Agreement with Interwest
55414.00000\40188084.1
1 CITY OF STANTON
FOURTH AMENDMENT TO
AGREEMENT FOR PREPARATION OF RELOCATION PLAN AND
IMPLEMENTATION OF PERMANENT AND TEMPORARY RELOCATION SERVICES
1. PARTIES AND DATE.
This Fourth Amendment to the Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services (“Fourth Amendment”) is entered into on this 12th day of May, 2026, by and between the City of Stanton (“City”) and Interwest (“Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services dated October 25, 2023 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services in order to increase the total compensation dated November 14, 2023 (“First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment to Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services in order to extend the term dated October 24, 2024 (“Second Amendment”).
2.4 Third Amendment. The Parties entered into that certain Third Amendment to Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services in order to extend the term dated October 24, 2026 (“Third Amendment”).
2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to expand the scope of services, extend the term, and increase the compensation.
3. TERMS.
3.1 General Scope of Services. Exhibit “A” is hereby amended in its entirety and restated to read as provided in the attached Exhibit “A,” which is incorporated herein by reference.
Attachment: A
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55414.00000\40188084.1
2 3.2 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety and restated to read as follows:
“The term of this Agreement shall be from October 25, 2023 to October 24, 2027, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”
3.3 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Sixty Thousand Dollars ($360,000) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.4 Exhibit “C”. The revised Exhibit “C” is attached hereto and incorporated herein by reference.
3.5 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
55414.00000\40188084.1
3 IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Agreement on _______________________.
CITY OF STANTON INTERWEST
By:
Hannah Shin-Heydorn
City Manager
By:
Name:
Title:
ATTEST:
By:
Patricia A. Vazquez
City Clerk
By:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
55414.00000\40188084.1
4 EXHIBIT “A”
SCOPE OF SERVICES
Per the Fourth Amendment, effective May 13, 2026.
Replacement Housing & Relocation Plan
Upon City direction when a project is identified, Interwest will prepare a Replacement Housing & Relocation Plan (the “Plan”) in accordance with all regulatory requirements, including the URA, CA Gov. Code 66300, CA Health & Safety Code 33413, CA Gov.
Code 7260-7277 (CA Relo. Law) and other local ordinances and programs, as applicable. The Plan will provide summary and statistical information regarding the history of the sites and dwelling units, occupancy income levels, proposed replacement unit details, the impact of the proposed project to potential displacees and provide the description of the Relocation Assistance Program to be administered. A comprehensive Plan will be prepared and distributed as directed by City for public review and comment.
The Plan will include the following components:
• Description of the project and pertinent/potential funding sources. • Description of the project site, acquisition history, occupancy history and unit composition.
• Description of the proposed dwelling unit composition and affordability levels. • Summary of occupant data obtained through the property management records & interviews, including identification of possible issues, such as overcrowded units or households with special needs, or specific language requirements. • Description of the Relocation Assistance Program (RAP). • Description of benefits available within the RAP.
• A Summary RAP Cost Estimate & Schedule. Our detailed cost matrix will be included as a supplemental planning tool for the City but not included in the Plan. • Replacement housing resource survey results.
• Permanent Relocation Program Administrative Process & Commitments. • Appeals process description.
55414.00000\40188084.1
5 Permanent Relocation
When it is determined that a household may need to be permanently relocated (“displaced”) from the property, Interwest will provide permanent relocation services to these displaced households in compliance with the Relocation Plan, Uniform Act and CA Relocation Law. Interwest will perform the following tasks:
• Review tenant rent roll and verify household income to determine the number of households that may require permanent relocation and provide report to client. • Personal contact with each displacee to conduct interviews, assess relocation needs, verify income and provide ongoing advisory services. • Inform the displacee of the relocation process, program benefits and provide referrals to other services that may be of assistance.
• Provide advisory assistance and referrals to comparable replacement decent, safe and sanitary housing.
• Prepare Rental Assistance Calculations and coordinate approvals for Last Resort Housing with the City.
• Provide required Relocation Assistance Program (RAP) notices, as necessary (i.e. General Information Notice, Notice of Eligibility, 90/30 Day Notices, Referrals, etc.).
• Meet personally with each displaced household to provide RAP notices and provide advisory services.
• Conduct decent, safe and sanitary (DS&S) inspections of replacement dwellings. • Assist the displacee with preparation of necessary claim forms. • Deliver relocation payments to the displace as needed and provide direct payments to prospective landlords to assist with securing replacement rental agreements.
• Prepare Fixed Schedule Moving costs or obtain moving estimates for commercial moves (minimum of two bids).
• Monitor the move, obtain keys and provide a final walk-through inspection of the property to ensure that all personal property has been removed. Obtain a Certificate of Abandonment from the displacee to release any interest in the structure, improvements to realty or property that may not have been relocated. • Coordinate with City to ensure the vacated property is secured in a timely manner.
55414.00000\40188084.1
6 • Maintain and submit completed relocation files on each displacee, including a comprehensive diary, so that the reader will be informed of the displacee’s needs, eligibility and entitlements.
• Maintain a customized Interwest program tracking database with all pertinent RAP details, dates and entitlement amounts.
• Provide City with status reports, as required, generated from the database. • Collect final supporting documentation, prepare final claim forms and close file.
Closed electronic files will be delivered to the City for record retention and audit purposes
Interwest follows a structured process related to issuing written notices to tenants impacted by a relocation project and subject to temporary relocation. We recommend implementing the following notices and reports:
• Notice 1: General Informational Notice (“GIN”)
o A written notice will be issued to each of the households impacted by the project. This important notice will provide a brief explanation of the project, an introduction to Interwest. It will also encourage tenants to contact the designated Interwest agent listed on the notice early in the process to discuss their needs in order to best accommodate their household. • Notice 2: Notice of Eligibility (“NOE”)
o Based on the information obtained during the interview, as well as parameters approved by City, Interwest will issue an important notice referred to as the Notice of Entitlement. This notice will include a reference to the information previously distributed and an itemization of the process and accommodations being followed throughout the program. Specific information will include but may not be limited to the following: schedule, vacation date, replacement housing referrals, monetary benefits, moving company services and details, any additional relocation benefits approved under hardship circumstances (i.e. transportation, special needs, etc.), and move-out details.
• Notice 3: 90/30 Day Notice to Vacate
o The Relocation Assistance Program requires a minimum of 90 days’ notice to vacate after a tenant has received their Notice of Eligibility. The 90-day notice will be provided with a specific vacate date that will be at least 90 days from the date it is delivered to the tenant. A 30-day notice may be provided as a reminder of the vacate date.
55414.00000\40188084.1
7 • Reporting: Project Status Report
o Interwest will set up an electronic system to provide the appropriate information related to issuing notices, correspondence with the displacee and expense receipts for each household, along with scheduled dates of all pertinent activities. This information can be processed through Interwest’s QuickBase system and is available on a real-time basis to the appropriate City representatives in a customizable Excel/PDF report format.
• Project Close Out
o Upon project close out, Interwest will provide a link to a complete organized project folder for the City to download for their records. 55414.00000\40188084.1
8 EXHIBIT “C”
COMPENSATION
Per the Fourth Amendment, effective May 13, 2026.
55414.00000\40188084.1
B-1
CITY OF STANTON
THIRD AMENDMENT TO
AGREEMENT FOR PREPARATION OF RELOCATION PLAN AND
IMPLEMENTATION OF PERMANENT AND TEMPORARY RELOCATION
SERVICES
1. PARTIES AND DATE.
This Third Amendment to the Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services (“ Third Amendment”) is entered into on this 15th day of September, 2025, by and between the City of Stanton (“ City”) and Interwest (“ Consultant”). City and Consultant are sometimes collectively referred to herein as the “ Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services dated October 25, 2023 (“ Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services in order to increase the total compensation dated November 14, 2023 (“ First Amendment”).
2.3 Second Amendment. The Parties entered into that certain Second Amendment to Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services in order to extend the term dated October 24, 2024 (“ Second Amendment”).
2.4 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from October 25, 2023 to October 24, 2026, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.”
3.2 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Docusign Envelope ID: B857F99B- A821-4A8D-A5E4-0097CAC75DF0 Attachment: B Click here to return to the agenda.
55414.00000\40188084.1
B-2
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this date:
CITY OF STANTON INTERWEST
By:
Hannah Shin- Heydorn
City Manager
By:
Matt CausleyChief Operating Officer
ATTEST:
By:
Patricia A. Vazquez
City Clerk
By:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
David Kniff
Assistant Secretary
Docusign Envelope ID: B857F99B- A821-4A8D-A5E4-0097CAC75DF0 10/2/2025
CITY OF 'STANTON
SECOND AMENDMENT TO
AGREEMENT FOR PREPARATION OF RELOCATION PLAN AND
IMPLEMENTATION OF PERMANENT AND TEMPORARY RELOCATION
SERVICES
I. PARTIES AND DATE.
This Second Amendment to the Agreement for Preparation of Relocation Plan and Implementation of Perm,, rent and Temporary Relocation Services (" Second Amendment") is entered into on this 29 day ofOctober, 2024, by and between the City ofStanton (" City") and Interwest (" Consultant"). City and Consultant are sometimes collectively referred to herein as the Parties."
2. RECITALS.
2. 1 Agreement. The Parties entered into that certain Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services dated October 25, 2023 (" Agreement").
2. First Amendment. The Parties entered into that certain First Amendment to Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services in order to increase the total compensation dated November 14, 2023 (" First Amendment").
2. 3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term.
3. TERMS.
3. 1
follows:
Team. Section 3. 1. 2of the Agreement is hereby amended in its entirety to read as The tern' ofthis Agreement shall be from October 25, 2023 to October 24, 2025, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one- year term. Consultant shall complete the Services ithin the tern ofthis Agreement, and shall meet any other established schedules and deadlines."
3. 2 Remaining Provisions ofAgreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions ofthe Agreement shall remain in full force and effect.
B- 1
55414 00000140188084. i
IN WITNESS WHEREOF, the patties have executed this Second Amendment to Agreement on this 2J day of October, 2024.
CITY OF STANTON
By: Q
Han ah Shin-'!
City Manager
ATT
0 By:
INTERWEST
By: (-_/(
Lu
N : e: Paul Meschino
Title: President
APPROVED A TO ' ` RM:
By:
Best Best & Krieger LLP
City Attorney
B- 2
55aa_ OO© o0v4a18s© s.1
Name: David Kniff
Title: Director of Operations Ave,
A 0$15T. ,T s' ECAer/ tI-y'
CITY OF STANTON
FIRST AMENDMENT TO
AGREEMENT FOR PREPARATION OF RELOCATION PLAN AND
IMPLEMENTATION OF PERMANENT AND TEMPORARY RELOCATION
SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Preparation of Relocation Plan and Implementation ofPermanent and Temporary Relocation Services (" First Amendment") is entered into on this day of44, , frr 2023, by and between the City of Stanton (" City") and Interwest Consultant"). City and Consultant are sometimes collectively referred to herein as the " Parties."
2. RECITALS.
2. 1 Agreement. The Parties entered into that certain Agreement for Preparation of Relocation Plan and Implementation of Permanent and Temporary Relocation Services dated October 25, 2023 (" Agreement").
2. First Amendment. The Parties now desire to amend the Agreement in order to increase the total compensation.
3. TERMS.
3. 1 Compensation. Section 3.. 1ofthe Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED FORTY THREE THOUSAND DOLLASRS ($ 243, 000) ("Total Compensation") without written approval of City' s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."
3. 2 Declaration of Political Contributions. Prior to the City' s approval of this First 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 ofthe City Council within the previous twelve- monthperiod 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. 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.
B- 1
55414, 00000\ 4188084. 1
IN WITNESS NVI IE'REOF, the parties have executed this First Amendment to Agreement on this Leday. or,A/ovtwl cr. . zon.
CITY OF STANTON INTERWEST
By: ` By:
H: mAah Shin- 1 • dorn Name: (; t" Wv, NT4 p
City Manager
iJF S
Title. Z. C. 4aD
ATTEST:
Bv:
Pau•icaA '• ' '''., Sew j}, JJ-e / 9.' k
Fir; Clerk
Cq
APPROVED • ti O FO I fORNIF
Bv:
lest hest & Kricecr LLP
City Attomey
B-,
414IKKU01411I8AOK4 I
i
gxv"
CITY OF STANTON
PROFESSIONAL SERVICES AGREEMENT
FOR
PREPARATION OF RELOCATION PLAN AND IMPLEMENTATION OF
PERMANENT AND TEMPORARY RELOCATION SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this oOr 2ip" day of ( 9Cder 2023 , by and between the City of Stanton, a municipal organization organized under the laws of the State ofCalifornia with its principal place ofbusiness at 7800 Katella Avenue, Stanton, California 90680 City") and Interwest, a California corporation, with its principal place of business at 1 Ienner, Suite 160, Irvine CA 92618 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."
2. RECITALS.
2. 1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional preparation ofrelocation plan and implementation ofpermanent and temporary relocation services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional relocation plan and relocation consultant services to public clients, is licensed in the State of California, and is familiar with the plans ofCity.
2. Project.
City desires to engage Consultant to render such services for the project (" Project") as set forth in this Agreement.
3. TERMS.
3. 1 Scope of Services and Term.
3. 1. General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional relocation plan and relocation consultant services necessary for the Project (" Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3. 1. 2 Term. The term of this Agreement shall be from October 25, 2023 to October 24, 2024, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1-
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3. 2 Responsibilities ofConsultant.
3. 2. 1 Independent Contractors. Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification ( IRS FormW- 9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' sexclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant' sofficers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3. 2. Schedule ofServices. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit " B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant' sconformance with the Schedule, City shall respond to Consultant' ssubmittals in a
timely manner. Upon request of City, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3. 2. Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval ofCity.
3. 2. 4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval ofCity. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Brett Paulson, Sr. Project Manager.
3. 2. 5 Citv' sRepresentative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (" City' s Representative"). City' sRepresentative shall have the power to act on behalf of the City for all 2-
55414. 000001329969362
purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City' s Representative or his or her designee.
3. 2. 6 Consultant' sRepresentative. Consultant hereby designates Brett Paulson, Sr. Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (" Consultant' sRepresentative"). Consultant' sRepresentative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant' sRepresentative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3. 2. 7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City' sstaff, consultants and other staff at all reasonable times.
3. 2. 8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errorsor omissions which are caused by the Consultant' sfailure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion ofthe Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any ofthe Services or to work on the Project.
3. 2. 9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/ OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3. 2. 10 Insurance.
3-
55414. 00000132996936. 2
b)
c)
3. 2. 10. Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
32. 10. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. Ifthe existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least $ 1, 000,00 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering " Any Auto" (Symbol I) with minimum limits of 1, 000,00each accident.
Professional Liability: Professional Liability insurance with minimum limits of $1, 000,00. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed ( for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
d) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer' s Liability 4-
554I4. 00000329969362
Insurance with a limit of not less than $ 1, 000,00 per accident for bodily injury and disease.
3. 2. 10. 3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
a) The policy or policies of insurance required by Section 3. 2. 10. (a) Commercial General Liability and ( c) Contractor' s Pollution Liability shall be endorsed to provide the following:
b)
1)
2)
Additional Insured: The City, its officials, officers,
employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; (2) exclude " contractual liability"; 3) restrict coverage to " sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement.
Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a
thirty ( 30) day
written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non- payment of , premium.
The policy or policies of insurance required by Section 3. 2. 10. (b) Automobile Liability and ( d) Professional Liability shall be endorsed to provide the following:
I) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a
thirty ( 30) day
written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non- payment of premium.
c) The policy or policies of insurance required by Section 3. 2. 10. (e) Workers' Compensation shall be endorsed to provide the following:
1) Waiver ofSubrogation: A waiver ofsubrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City 5-
5$41400000\ 32996936. 2
except ten ( 10) days shall be allowed for non- payment of premium.
3. 2. 10. 4 Primary and Non -Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self- insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3. 2. 10. 5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3. 2. 10. 6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention.
3. 2. 10. 7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. Ifsuch coverage is cancelled or reduced, Consultant shall, within ten ( 10) days after receipt ofwritten notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3. 2. 10. 8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant' soperations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension oftime for completion of the Services because of production lost during suspension.
3. 2. 10. 9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A. M. Best' srating of no less, than A: VII and authorized to do business in the State ofCalifornia, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3. 2. 10.0 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant' s policies, or the Consultant shall be
responsible for causing Subconsultants to purchase the appropriate insurance in compliance with 6 55414. 000001329969362
the terms of these insurance Requirements, including adding the City as an Additional Insured to the Subconsultant' spolicies.
3. 2. 11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety ofemployees appropriate to the nature ofthe work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; ( B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and ( C) adequate facilities for the proper inspection and maintenance of all safety measures. 33 Fees and Payments.
3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed FORTY THOUSAND DOLLARS ($40, 000) ("Total Compensation") without written approval of City' s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Payment ofCompensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date ofthe statement. City shall, within 45 days ofreceiving such statement, review the statement and pay all approved charges thereon.
3. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment ofprevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. If the Services are being performed as part of an applicable " public works" or maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is 7-
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1, 000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a
copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type ofworker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant' s principal place of
business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777. 5, 1813, and 1815 ofthe Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3. 4 Accounting Records.
3. 4. 1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of fmal payment under this Agreement.
3. 5 General Provisions.
3. 5. 1 Termination of Agreement
3. 5. 1. Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3. 5. 1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.
3. 5.1. 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:
8-
55414. 000001329969362
Consultant:
Interwest Consulting Group, Inc.
1 Jenner, Suite 160
Irvine, CA 92618
ATIN: Gary Amato, Chief Administrative Officer
City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Hannah Shin- Heydom, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty- eight 48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3. 5. Ownership ofMaterials and Confidentiality.
3. 5.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to,. physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' ssole risk.
3. 5.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City' s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any 9-
55414. 000001329969362
magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3. 5. Confidential Information. The City shall refrain from releasing Consultant' sproprietary information (" Proprietary Information") unless the City' slegal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competentjurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt ofthe Release Notice to give City written notice of Consultant' s
objection to the City' s
release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense ( including attorney' sfees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: ( 1) Consultant fails to fully indemnify, defend ( with City' schoice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/ or (2) a final and non -appealable order by a court of competentjurisdiction requires that City release such information.
3. 5. 4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes ofthis Agreement.
3. 5. Attorney' s
Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney' sfees and all other costs of such action.
3. 5. 6 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel ofCity' schoosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant' s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant' sobligation to indemnify shall not be restricted to insurance proceeds, ifany, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
IfConsultant' sobligation to defend, indemnify, and/ orhold harmless arises out of Consultant' sperformance as a " design professional" ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant' sindemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent 10-
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jurisdiction, Consultant' sliability for such claim, including the cost to defend, shall not exceed the Consultant' sproportionate percentage of fault.
3. 5. 7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3. 5. 8 Goveming Law. This Agreement shall be governed by the laws ofthe State of California. Venue shall be in Orange County.
3. 5. 9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3. 6 Citv' s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3. 7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3. 8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3. 9 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3. 10 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3. 11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3. 12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
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3. 13 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3. 14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making ofthis 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 ofCity, during the term ofhis or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3. 15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City' s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3. 16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California. Labor Code which require every employer to be insured against liability for Worker' sCompensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance ofthe Services.
3. 17 Authority to Enter Aereement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3. 18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3. 19 Declaration ofPolitical Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual 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' semployees, including any employee( s) that Consultant intends to assign to perform the Services described in this Agreement.
3. 20 Subcontracting.
3. 20. 1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written 12-
55414. 00000329969362
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approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Signatures onfollowing page)
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554140000002996936. 2
By:
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 026, 44day of Odder , 2023 .
CITY OF STANTON INTERWEST
By:
anryah Shin- ffeyciivp,
By:,
Name: Paul Meschino
11. 4fralfrtgCity Manager Title: President
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,
ANDoCORPORATE SEAL OF
CONSULTANT REQUIRED]
By:
Q. ru,: TA sc , z ,,
Ad) ictmei) /t&cry
Best Best & Krieger LLP
City Attorney
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55414. 000001329969362
EXHIBIT " A"
SCOPE OF SERVICES
See Proposal.
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A -I
55414. 00000329969362
October 24, 2023
Hannah Shin- Heydorn
City Manager, City of Stanton
7800 Katella Ave
Stanton, CA 90680
INTERWEST
lw
Re: Proposal to Prepare Relocation Plan and Cost for Implementation of Permanent and Temporary Relocation Services
Dear Hannah,
Interest Consulting Group (" Interwest") is pleased to submit the attached scope of work and cost proposal to prepare a relocation plan and provide permanent and potentially temporary relocation services for up to 44 residential units, resulting from the City' s potential development of two housing projects.
For over two decades, Interwest has been a leader in providing right of way and relocation assistance services to private entities and public agencies throughout California. We are highly respected for our field experience and the expertise we display throughout the relocation process.
Our project approach is guided by a solid quality control process and establishes early protocols for communication, reporting, conducting all facets of activities and progress reviews. Our program services comply with each client' s own project requirements; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 49 CFR Part 24), as amended; HUD handbook, and Title 25 California Code of Regulations and the California Code of Civil Procedure.
Thank you for the opportunity to submit our proposal to provide relocation services to the City of Stanton. Should you have any questions or need additional information, please do not hesitate to contact me at your earliest convenience at ( 949) 632- 5909 or bpaulson@interwestgrp. com.
Sincerely,
Brett A. Paulson SR/ WA, RAV-AC, NAC
Sr. Project Manager
Interwest Consulting Group, Inc,
1 Jenner, Suite 160, Irvine, CA 92618
PROJECT UNDERSTANDING
The City of Stanton (" City") has been acquiring properties in the proposed project area as property owners willingly decide to sell their properties and have taken them subject to residential tenant occupancy. The City is currently attempting to fund the proposed project that may have two segments, one market rate development and one affordable housing component. The primary goal of the proposed project is intended to address the shortage of affordable and market rate housing units in the City of Stanton.
The proposed project will require the preparation of a Relocation Plan, and would require permanent relocations of all occupants, however until the City enters into a development agreement and secures all funding, the occupants will not be displaced.
Additionally, the City' s property management team has identified several of the existing 44 units that may need significant repairs and could require temporary or permanent relocation of the occupants.
Interwest' steam maintains a successful track record of providing permanent and temporary relocation services on public housing projects in southern California. As a result, Interwest' steam has a deep understanding of the local community, housing trends and local political constraints and concerns.
PRO. JFCT TEAM
We have assigned Brett Paulson, SR/ WA, R/ W-AC, R/ W- NAC to serve as the project manager to assist the City develop the appropriate strategies, communicate the needs of the project to all stakeholders, provide expert regulatory guidance and lead our team of professionals. The ability of our project team to effectively communicate with each household will be critical to successfully completing any required permanent and/ ortemporary relocation for this project and therefore, we have selected bilingual ( English and Spanish) relocation agents to serve on this project.
SCOPE OF SERVICES
Relocation Plan
Interwest will prepare a Relocation Plan ( the " Plan") in accordance with all regulatory requirements, including the URA and California Relocation Law and other local ordinances and programs as applicable. The Relocation Plan will provide summary and statistical information regarding the impact of the proposed project( s) to potential displacees ( both permanent and temporary relocations) and provide clarification of the City' s approach to acquiring the properties, necessary property management issues and define qualified tenants per regulatory definitions. A comprehensive report will be prepared and distributed as directed by City for public review and comment. The plan will include the following components:
Description of the project and pertinent/ potential funding sources.
Summary of data obtained through the property management records and interviews, including identification of possible issues, such as overcrowded units or households with special needs and specific language requirements.
Description of the Relocation Assistance Program ( RAP).
Description of benefits available within the RAP.
A relocation expense budget estimate. Our detailed cost matrix will be included as a supplemental planning tool for the City, but not included in the Plan.
Replacement housing resource survey results.