1 AN AGREEMENT BETWEEN THE CITY OF BUENA PARK AND THE CITY OF ANAHEIM FOR THE DALE ST FROM CRESCENT AVE TO SR91 REHABILITATION PROJECT This Agreement (“AGREEMENT”) is made and entered into this 10th day of March, 2026, by and between the City of BUENA PARK, a municipal corporation (“BUENA PARK”), and the City of ANAHEIM, a municipal corporation (“ANAHEIM”), with reference to the following recitals.
RECITALS
WHEREAS, Dale Street, between Crescent Ave and State Route 91 (the “Dale Street Segment”), is located primarily in BUENA PARK with a portion located in ANAHEIM; and WHEREAS, BUENA PARK has proposed certain public improvements to the Dale Street Segment, as such improvements are described in the plans and specifications on file with BUENA PARK and dated February 4, 2026 (“IMPROVEMENT”); and
WHEREAS, the IMPROVEMENT will extend the service life of the Dale Street Segment and benefit both BUENA PARK and ANAHEIM, and it is in the public interest that construction of the IMPROV EMENT be accomplished by BUENA PARK and ANAHEIM under a cooperative agreement; and
WHEREAS, the purpose of this AGREEMENT is to provide for the allocation of responsibilities for the construction of the IMPROVEMENT.
NOW, THEREFORE, in consideration of the promises and commitments herein contained, and other good and valuable consideration, BUENA PARK and ANAHEIM agree as follows:
AGREEMENT
I. BUENA PARK agrees:
A. To prepare or cause to be prepared, all environmental documents required for the IMPROVEMENT in compliance with the California Environmental Quality Act ; plans and specifications for the construction of the IMPROVEMENT; coordinate utility relocations/adjustments, to solicit bids and award a contract as a public works project to the lowest responsible bidder; to administer the contract to complete the IMPROVEMENT, including inspection, construction engineering and requiring payment of prevailing wages, all in compliance with California law and the Buena Park Municipal Code ; and to pay such c ontractor pursuant to the construction contract.
B. To require any and all contractors performing work necessary to complete the IMPROVEMENT (“WORK”) to indemnify, defend and hold harmless BUENA PARK and ANAHEIM, and each of their elected officials, officers, agents, and employees, harmless with respect to any and all damages, claims and liabilities, including stop notices, arising out of performance of the WORK.
Docusign Envelope ID: B34D2191-CE70-4665-951E-65D6DD112814
2 C. To require any and all contractors performing work to obtain a right of way construction permit from ANAHEIM in advance of any contractor performing WORK within ANAHEIM’s right of way.
D. In addition to any requirements of BUENA PARK, to require any and all contractors performing the WORK to obtain and maintain commercial general and automobile liability and workers compensation in surance acceptable to ANAHEIM and providing protection to ANAHEIM, its elected officials, officers, agents, and employees as additional insureds.
E. To obtain approval from ANAHEIM’s City Engineer of the final plans and specifications for construction of the IMPROVEMENT with respect to that portion located within ANAHEIM.
F. To invoice ANAHEIM for ANAHEIM ’s share of the constr uction costs incurred by BUENA PARK for the IMPROVEMENT as described herein.
G. To obtain consent from ANAHEIM’s City Engineer in advance of any contractor performing WORK within ANAHEIM’s right of way.
H. To provide ANAHEIM a pdf copy of the Record Drawings and Notice of Completion.
II. ANAHEIM agrees:
A. To designate and does hereby so designate BUENA PARK as the lead agency for the purpose of environmental compliance, designing, contracting for, and completing construction of the IMPROVEMENT.
B. To pay BUENA PARK for A NAHEIM’S share of the actual costs for the WORK completed within the boun daries of ANAHEIM based upon unit prices bid and quantities actually used within ANAHEIM . The approximate area of IMPROVEMENT wit hin the boundaries of ANAHEIM is 13,500 square feet of asphalt concrete surface course Type lll C3-PG 70-10. The estimated not-to-exceed construction cost is $56,000, plus a 10% contingency of $5,600, for a total authorized amount of $61,600 . ANAHEIM will be responsible for actual bid unit prices and completed quantities of the WORK completed in ANAHEIM’s right of way. Following acceptance of the WORK as complete by ANAHEIM and no later than thirty (30) days after receiving an invoice from BUENA PARK, ANAHEIM shall pay BUENA PARK an amount equal to 100% of the cost of the WORK performed within ANAHEIM’s boundaries.
III. IT IS MUTUALLY AGREED:
A. During construction BUENA PARK shall furnish a resident engineer to perform the usual functions of a resident engineer on a public works project . ANAHEIM , as secondary agent, may, but is not obligated to, furnish its own respective resid ent engineer. BUENA PARK shall process any contract change orders (CCOs) that are necessary for construction of the Project. If CCOs are needed within ANAHEIM right of way, ANAHEIM shall review and approve such CCOs and provide a Project Docusign Envelope ID: B34D2191-CE70-4665-951E-65D6DD112814
3 liaison during construction to coordinate CCO approvals . ANAHEIM shall provide concurrence on CCOs within five (5) business days of BUENA PARK’S submittal to ANAHEIM. If ANAHEIM fails to concur with or propose changes to CCO within such time such CCO shall be deemed approved
B. BUENA PARK and ANAHEIM shall cooperate in good faith and to the fullest extent reasonably possible in successfully completing the WORK described in this AGREEMENT.
C. BUENA PARK shall provide an itemized invoice for WORK satisfactorily completed reflecting all costs and WORK performed within ANAHEIM’s right of way. Payment of the ANAHEIM portion of the costs shall be due within sixty (60) days from the date of receipt of the invoice from BUENA PARK, or ANAHEIM’s acceptance of the IMPROVEMENT as complete, whichever last occurs.
D. Party Representative: The persons responsible for administration of this AGREEMENT on behalf of each respective party and to whom n otices permitted or required to be provided pursuant to this Agreement , are as follows :
BUENA PARK: Mina Mikhael, P.E., Director of Public Works/City Engineer
ANAHEIM: Rudy Emami, Director of Public Works
E. This AGREEMENT shall be effective upon mutual execution. The term of this AGREEMENT shall continue until the WORK is finally accepted by both parties and the time within which any stop notice may be filed has expired, unless sooner terminated by either party hereto by serving on the other party a thirty (30) day written notice of such termination . In the event of termination without cause by ANAHEIM, ANAHEIM shall reimburse BUENA PARK for all out of pocket expenses incurred by BUENA PARK on behalf of ANAHEIM up to the date of termination, but not to exceed ANAHEIM ’s portion set forth in Section II.B, above. In the event of termination without cause by BUENA PARK prior to co mpletion of the WORK, ANAHEIM shall have no further obligation to BUENA PARK.
F. Neither BUENA PARK nor any elected official, officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by ANAHEIM under or in connection with the WORK or any work, authority or juri sdiction delegated to ANAHEIM under this AGREEMENT.
Pursuant to Governmen t Code Section 895.4, ANAHEIM shall fully indemnify , defend, and hold BUENA PARK harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omitted to be done by ANAHEIM under or in connection with any work, authority or jurisdiction delegated to under this AGREEMENT.
Neither ANAHEIM nor any officer or employee thereof shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by BUENA PARK under or in connection with the WORK or any work, authority or jurisdiction delegat ed to BUENA PARK under this AGREEMENT. Pursuant to Docusign Envelope ID: B34D2191-CE70-4665-951E-65D6DD112814
4 Government Code Section 895.4, BUENA PARK shall fully indemnify, defend, and hold ANAHEIM harmless from any liability imposed for injury as defined in Section 810.8 occurring by reason of anything done or omi tted to be done by BUENA PARK under or in connection with any work, authority or j urisdiction delegated to BUENA PARK under this AGREEMENT.
G. This AGREEMENT represents the entire understanding of the parties hereto as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with regard to those matters covered by this AGREEMENT.
This AGREEMENT may not be modified, altered or amended except in writing signed by both of the parties hereto.
H. Notices permitted or required to be provided pursuant to this Agreement shall be sent to the following addresses:
ANAHEIM: BUENA PARK:
City of Anaheim City of Buena Park
Attention: Director of Public Works Attention: Director of Public Works 200 S. Anaheim Blvd. 6650 Beach Blvd.
Anaheim, California 92805 Buena Park, California 90622
By notice to the other party, either party may, change the address specified above. Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the United States mail, postage prepaid, whichever occurs first.
I. The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary to this AGREEMENT, or as a result of any duty, covenant, obligation or undertaking established herein.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: B34D2191-CE70-4665-951E-65D6DD112814 5 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT by and through their authorized officers on the date set forth below.
CITY OF BUENA PARK CITY OF ANAHEIM
A Municipal Corporation A Municipal Corporation
By: _______________________________
Mayor
ATTEST:
__________________________________
City Clerk
By: _______________________________
Director of Public Works
ATTEST:
__________________________________
City Clerk
CITY OF BUENA PARK
_______________________________
Mina Mikhael, P.E.
Director of Public Works/City Engineer
City of BUENA PARK
APPROVED AS TO FORM:
ANAHEIM CITY ATTORNEY
________________________________ BY:________________________________ Christopher G. Cardinale, City Attorney Bryn M. Morley, Deputy City Attorney City of BUENA PARK
Docusign Envelope ID: B34D2191-CE70-4665-951E-65D6DD112814
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Melissa Gonzalez
[email protected]
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(None)
Sent: 3/16/2026 8:57:03 AM
Electronic Record and Signature Disclosure:
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Jaden Miller
[email protected]
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Sent: 3/16/2026 1:10:51 PM
Viewed: 3/16/2026 1:11:13 PM
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Envelope Sent Hashed/Encrypted 3/16/2026 8:49:34 AM
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Electronic Record and Signature Disclosure
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/15/2020 2:47:51 PM Parties agreed to: Connor Traut, Chris Cardinale, Mina Mikhael Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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