2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement you have
entered into with the additional insured; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
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COMMERCIAL AUTO
AC 85 43 08 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
2021 Liberty Mutual Insurance
AC 85 43 08 21 Page 1 of 7Includes copyrighted material of Insurance Services Office, Inc., with i ts permission.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of t he policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Busines s Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement doe s not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II - LIABILITY COVERAGE is amended as follows:
1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent i nterest during the policy period. Coverage is afforded only for 90 days from the date of acquis ition or formation.
However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written s pecificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
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Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or b orrow but only for acts within the scope of their employment by you. Insurance provided by thi s endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while perform ing duties related to the conduct of your business and within the scope of their employment. Insu rance provided by this endorsement is excess over any other insurance available to the "employee ".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or u se of a covered "auto", provided that you and such person or organization have agreed in a written c ontract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "in sured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" whic h takes place after you executed the written contract or written agreement, or the permit has b een issued to you; and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which cov erage could apply for defense and indemnity. Unless the "insured" has agreed in writing to prima ry noncontributory wording per enhancement number 23, this policy is excess over any other col lectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE , Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic vio lations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, includi ng actual loss of earnings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar pro tection, the following provi- sion is added:
SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensat ion insurance in force for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE , is amended by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Compre hensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage F orm for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
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AC 85 43 08 21 Page 3 of 7Includes copyrighted material of Insurance Services Office, Inc., with i ts permission. a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in tha t "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct o f your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smalles to f :
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the " loss"; or (3) The cost of repairing or replacing the damaged or stolen property with othe r property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any ow ned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this p rovision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" y ou own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and th e lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any mem ber of your "employee’s" household.
Coverage provided under this extension is excess over any other collectib le insurance available at the time of "loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE , Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, ea ch time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" ar e trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks " are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by y ou for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will p ay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss " to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicl e, which in many cases may be substantially less than $75 per day, and will only be allowed for the p eriod of time it should take to repair or replace the vehicle with reasonable speed and similar qua lity, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred b y you to remove and replace your tools and equipment from the covered "auto". This limit is exc ess over any other collectible insurance.
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e. If "loss" results from the total theft of a covered "auto" of the private pas senger type, we will pay under this coverage only that amount of your rental reimbursement expense s which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other colle ctible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased , the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased .
For the purposes of this endorsement provision, materials and equipment d o not include "personal effects" as defined in provision 11.B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $ 1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an "auto" y ou own and that "auto" is stolen, we will pay, without application of a deductible, up to $6 00 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other colle ctible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible prop erty that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, je welry, money or securi- ties.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE , B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this poli cy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental dischar ge of an airbag.
Any insurance we provide shall be excess over any other collectible insura nce or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applica ble to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible , is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device su ch as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE , B. Exclusions , Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data sig nals, whether or not de- signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or rem ovable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto’s" elect rical system; and (3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment o r accessories used with this equipment, then our obligation to pay for, repair, return or replace d amaged or stolen property will be reduced by a $100 deductible.
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15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased t o you in any one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive u se or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident o r Disability Insur- ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "tot al loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a le ase agreement or as a result of the early termination of any warranty or extended service a greement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "l oss".
An adjustment for depreciation and physical condition will be made in dete rmining the actual cash value at the time of the "loss". This adjustment is not applicable in Te xas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto " that incurred the "loss" serves as collateral, or lease written on the covered "auto" that in curred the "loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage val ue exceeds the actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to rep ay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than r eplaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 l bs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry whil ei t i s :
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
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The "loss" must be reported to the police authorities within 24 hours of kno wn damage.
The total amount of the damage to the covered "auto" must exceed the deducti ble shown in the Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the ch arge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) de ductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest ) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies , the smaller (or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or materia l facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage a fforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as prac ticable after its discovery, and we have the right to collect additional premium for any such hazard or ex posure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly noti fy us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to g ive such notice, if you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured’s" name and address; and
(c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us , is amended by the addition of the following:
If the person or organization has in a written agreement waived those right s before an "accident" or "loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory ,i s amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", o n the merits, in the United States, the territories and possessions of the United States of America, P uerto Rico or Canada or in a settlement we agree to.
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This extension of coverage does not apply to an "auto" hired, leased, rente d or borrowed with a driver.
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITT EN AGREE- MENT
The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form’s Covered Autos Liability Coverage is primary to and wi ll not seek contribution from any other insurance available to an "insured" under your policy provi ded that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insura nce would be primary and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.
COMMERCIAL GENERAL LIABILITY
CG 24 53 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION) –
AUTOMATIC
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against any person or
organization, because of any payment we make under
this Coverage Part, to whom the insured has waived its
right of recovery in a written contract or agreement.
Such waiver by us applies only to the extent that the
insured has waived its right of recovery against such
person or organization prior to loss.
BPPD Station CCTV Proposal
Model Part number Quote price (USD) Qty Total
AXIS Q6010-E 60 Hz 01981-001 1,750.00$ 10 17,500.00$ AXIS C1410 01916-001 325.00$ 2 650.00$ AXIS M3085-V 02373-001 275.00$ 8 2,200.00$ AXIS Q6075-E 60 Hz 01752-004 3,250.00$ 9 29,250.00$ AXIS T91B57 Pole Mount 100-410 mm 01470-001 120.00$ 5 600.00$ AXIS T91G61 Wall Mount 5506-951 215.00$ 5 1,075.00$ AXIS Q9216-SLV Steel 01766-001 1,200.00$ 5 6,000.00$ AXIS C1310-E 01796-001 559.99$ 3 1,679.97$ AXIS T91D62 Telescopic Parapet Mount 5507-271 375.00$ 4 1,500.00$ AXIS T94A01D Pendant Kit 5502-431 55.00$ 4 220.00$ AXIS D1110 Video Decoder 4K 02282-001 625.00$ 2 1,250.00$ AXIS S1264 Rack 64 TB 02540-001 14,000.00$ 1 14,000.00$ AXIS D8208-R Industrial PoE++ Switch 02621-001 1,050.00$ 3 3,150.00$ AXIS T8504-E Outdoor PoE Switch 01449-001 1,250.00$ 4 5,000.00$ AXIS T8524 PoE+ Network Switch 01192-004 925.00$ 2 1,850.00$ AXIS P4705-PLVE 02415-001 950.00$ 4 3,800.00$ AXIS Q6010-E Solo Kit 02221-001 120.00$ 1 120.00$ AXIS T91B63 Ceiling Mount 5504-641 120.00$ 1 120.00$ Outdoor shielded cabling, connectors and misc. other supplies - 350.00$ 9 3,150.00$ Indoor cabling, connectors and misc other installation supplies. - 125.00$ 20 2,500.00$ WC Displays - 500.00$ 2 1,000.00$ Taxable items 96,614.97$
Sales Tax 7.75% 7,487.66$
Materials Subtotal 104,102.63$
Installation/Configuration/Training/Support - Outdoor - 2,000.00$ 10 20,000.00$ Installation/Configuration/Training/Support - Server Room - 3,500.00$ 1 3,500.00$ Installation/Configuration/ of devices - WC Displays - 250.00$ 2 500.00$ Installation/Configuration/Training/Support - Indoor - 850.00$ 20 17,000.00$ Installation Subtotal 41,000.00$
Labor rates inclusive of prevailing wage rates
10% Contingency - 13,761.50$ 1 13,761.50$ Total 158,864.13$
City of Buena Park
City Council Regular Meeting Agenda Report
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND APPROVAL OF A CONTRACT WITH HARDY & HARPER, INC. FOR THE CABALLERO BOULEVARD PAVEMENT REHABILITATION PROJECT Meeting
Tuesday, April 9, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A
Presented By
Jason Tran, E.I.T., Assistant Engineer
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution approving the plans and specifications for the Caballero Boulevard Pavement Rehabilitation Project; 2) Award a contract to Hardy & Harper, Inc. in the amount of $659,000; 3) Authorize contingency funds in the amount of $76,000; 4) Authorize construction engineering funds in the amount of $65,000; 5) Authorize a purchase order for The Solis Group in the amount of $5,380 for the Community Workforce Administration (CWA); 6) Authorize contingency funds in the amount of $1,345 for the Community Workforce Administration (CWA); 7) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the contract; and, 8) Authorize the City Manager and City Clerk to execute the contract.
DISCUSSION
The Caballero Boulevard Pavement Rehabilitation Project is budgeted as a Capital Improvement Project. The pavement in the project site experiences heavy truck traffic and pavement failures. This project will include a grind, overlay, and dig- outs of asphalt pavement from Valley View Street to Regio Avenue. Additional improvements will include utility lid adjustments, curb drain replacements, catch basin repairs, and new traffic signing and striping.
The project was advertised for competitive bids on February 29, 2024. Five (5) bids were received and publicly opened on March 21, 2024. Bid amounts ranged from $659,000 to $749,262. The lowest, responsible bid was submitted by Hardy & Harper Inc. of Lake Forest, CA in the amount of $659,000. This contractor possesses the required license and has completed similar projects for the City of Buena Park and other cities such as Manhattan Beach, Norwalk, and Fullerton. Construction is anticipated to begin in May 2024, and be completed by July 2024. Staff recommends awarding a contract to Hardy & Harper, Inc. for this purpose.
BUDGET IMPACT
Total cost for the project is in the amount of $806,725, as shown below:
Construction Contract: $659,000
Attachments
Resolution
Location Map
Bid Results
Bid Summary
Contract
CWA Proposal
Construction Engineering: $65,000
Construction Contingency: $76,000
Community Workforce Agreement Administration: $5,380
Community Workforce Agreement Contingency: $1,345
Total Project Cost: $806,725
The project was budgeted for the 2023-2024 Fiscal Year as a Capital Improvement Project (CIP), and will be funded by the Measure M2 Fund (Account No. 25-9806-590186).
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING
PLANS AND SPECIFICATIONS FOR THE CABALLERO BOULEVARD PAVEMENT REHABILITATION PROJECT IN SAID CITY.
WHEREAS, it is the intention of the City of Buena Park to construct certain improvements in the City; and
WHEREAS, the City Engineer has p repared specifications and plans for the construction of certain improvement(s).
NOW, THEREFORE, BE IT RESOLVED that the specifications and plans presented by the City be and are hereby approved as the specifications and plans for:
CABALLERO BOULEVARD PAVEMENT REHABILITATION PROJECT
PASSED AND ADOPTED this 9th day of April 2024, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
_______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 9th day of April 2024.
_______________________________________
City Clerk
CABELLERO BOULEVARD PAVEMENT REHABILITATIONLOCATION MAP
CABELLERO BLVDN
NOT TO SCALEKNOTT AVE
VALLEY VIEW STPROJECTLOCATIONREGIO AVE
ARTESIA BOULEVARDCOYOTE CREEK
DESCANSO AVEALTURA BLVD
Company Name Bid Amount
1 Hardy & Harper, Inc. 659,000.00 $
2 Onyx Paving Company, Inc. 691,695.00$
3 RJ Noble Company 724,783.15 $
4 All American Asphalt 742,742.00 $
5 Excel Paving Company 749,262.00 $
City of Buena Park
BID RESULTS
CABALLERO BOULEVARD PAVEMENT REHABILITATION
507
Bid No. 2024-07
Bid Opening. 03/21/2024- 2:30 P.M.
ItemApprox. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount 1 1 LS Storm Water Pollution Prevention Plan
(SWPPP/BMP) $5,460.00 $5,460.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $7,492.00 $7,492.00 2 1 LS
Traffic control including computerized message
signs, construction information signs, and steel
plates
$64,262.00 $64,262.00 $83,500.51 $83,500.51 $108,680.90 $108,680.90 $84,000.00 $84,000.00 $104,000.00 $104,000.00 $30,000.00 $30,000.00 $74,088.68 $74,088.68 3 126,000 SF Cold Mill and Remove 2.5-inch of Existing AC Pavement $0.50 $63,000.00 $0.34 $42,840.00 $0.51 $64,260.00 $0.59 $74,340.00 $0.30 $37,800.00 $0.60 $75,600.00 $0.51 $64,008.00 4 1,903 TONS
Construct 2.5-inch thick asphalt concrete
surface course, type III C3 PG 70-10 (1/2" rock)
with forta-fi fiber reinforcement or approved
equal
$131.00 $249,293.00 $133.00 $253,099.00 $132.00 $251,196.00 $132.00 $251,196.00 $140.00 $266,420.00 $130.00 $247,390.00 $131.60 $250,434.80 5 24,000 SF Digout and remove 6-inch of existing asphalt concrete pavement $2.90 $69,600.00 $2.00 $48,000.00 $3.15 $75,600.00 $2.50 $60,000.00 $1.80 $43,200.00 $10.00 $240,000.00 $4.11 $98,640.00 6 870 TONS
Construct 6-inch thick asphalt concrete base
course, type III B2 PG 70-10 (3/4" rock) over
compacted base
$92.00 $80,040.00 $129.00 $112,230.00 $128.00 $111,360.00 $146.00 $127,020.00 $150.00 $130,500.00 $150.00 $130,500.00 $129.00 $112,230.00 7 100 TONS Optional - Asphalt Concrete Leveling course
type D2 Mix (Dense fine) PG 64-10 $126.00 $12,600.00 $137.00 $13,700.00 $115.00 $11,500.00 $143.00 $14,300.00 $150.00 $15,000.00 $125.00 $12,500.00 $129.20 $12,920.00 8 100 CY Optional - Over Excavation (Unsuitable Area)$180.00 $18,000.00 $156.00 $15,600.00 $120.00 $12,000.00 $200.00 $20,000.00 $150.00 $15,000.00 $150.00 $15,000.00 $161.20 $16,120.00 9 16 EA Adjust Water Valve and Cover to Grade per City
Std. 518 $1,212.00 $19,392.00 $1,575.00 $25,200.00 $1,000.00 $16,000.00 $1,600.00 $25,600.00 $1,300.00 $20,800.00 $1,000.00 $16,000.00 $1,277.40 $20,438.40 10 8 EA
Remove and Install a New Composite Frame &
Cover to grade per City Standard No. 505 &
Specification Section 500.
$1,880.00 $15,040.00 $3,300.00 $26,400.00 $2,200.00 $17,600.00 $3,200.00 $25,600.00 $2,500.00 $20,000.00 $3,000.00 $24,000.00 $2,716.00 $21,728.00 11 2 EA Adjust Existing City Sewer Manhole Frame and
Cover to grade $1,212.00 $2,424.00 $1,630.00 $3,260.00 $1,400.00 $2,800.00 $1,600.00 $3,200.00 $1,300.00 $2,600.00 $1,000.00 $2,000.00 $1,368.40 $2,736.80 12 1 EA Adjust Existing OCSD Sewer Manhole Cover to
Grade per OCSD standarrds $1,630.00 $1,630.00 $2,260.00 $2,260.00 $1,400.00 $1,400.00 $2,200.00 $2,200.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $1,898.00 $1,898.00 13 2 EA Reset Benchmark/Survey Monument $1,890.00 $3,780.00 $3,200.00 $6,400.00 $1,800.00 $3,600.00 $2,000.00 $4,000.00 $3,200.00 $6,400.00 $2,000.00 $4,000.00 $2,178.00 $4,356.00 14 1 EA
Remove existing concrete parkway drain and
construct concrete curb drain per City Standard
No. 214
$13,300.00 $13,300.00 $9,000.00 $9,000.00 $12,000.00 $12,000.00 $11,000.00 $11,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $11,060.00 $11,060.00 15 1 EA
Remove and replace in kind existing curb,
gutter, and metal grate of storm drain catch
basin to nearest joint
$18,300.00 $18,300.00 $20,000.00 $20,000.00 $22,000.00 $22,000.00 $14,000.00 $14,000.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $16,860.00 $16,860.00 16 2,010 LF Install 6-inch yellow centerline striping per Caltrans Std Plan A20A Detail 2 $1.80 $3,618.00 $1.70 $3,417.00 $1.80 $3,618.00 $2.00 $4,020.00 $1.95 $3,919.50 $2.00 $4,020.00 $1.86 $3,738.60 17 545 LF
Install 6-inch yellow two direction no passing
zone striping per Caltrans Std Plan A20A Detail
22 $1.00 $545.00 $2.70 $1,471.50 $0.70 $381.50 $1.00 $545.00 $0.75 $408.75 $2.00 $1,090.00 $1.48 $806.60 All American Asphalt Palp, Inc. DBA Excel
Paving Company
CABALLERO BOULEVARD PAVEMENT REHABILITATION PROJECT
Project No. 507 - Bid No. 2024-07
Bid Summary
Bid Opening: March 21, 2024 - 2:30 P.M.
Hardy & Harper, Inc. RJ Noble Company RJ Noble Company Onyx Paving Company, Inc. Engineer's Estimate Average PAGE 1 OF 2
ItemApprox. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount All American Asphalt Palp, Inc. DBA Excel
Paving Company Hardy & Harper, Inc. RJ Noble Company RJ Noble Company Onyx Paving Company, Inc. Engineer's Estimate Average 18 140 LF Install 8-inch white lane line striping per
Caltrans Std Plan A20D Detail 38 $1.70 $238.00 $2.70 $378.00 $1.70 $238.00 $2.00 $280.00 $1.85 $259.00 $2.00 $280.00 $2.02 $282.80 19 25 LF Install 12-inch white stop line striping per
Caltrans Std Plan A24G $3.00 $75.00 $12.85 $321.25 $2.75 $68.75 $3.00 $75.00 $3.00 $75.00 $5.00 $125.00 $5.32 $133.00 20 50 LF Install 24-inch white stop line striping per
Caltrans Std Plan A24G $5.50 $275.00 $14.10 $705.00 $5.50 $275.00 $6.00 $300.00 $6.00 $300.00 $8.00 $400.00 $7.82 $391.00 21 2 EA Install white Type VII left arrow per Caltrans Std Plan A24A $150.00 $300.00 $330.00 $660.00 $150.00 $300.00 $150.00 $300.00 $165.00 $330.00 $250.00 $500.00 $206.00 $412.00 22 2 EA Install white Type VI right arrow per Caltrans
Std Plan A24A $85.00 $170.00 $183.00 $366.00 $85.00 $170.00 $85.00 $170.00 $90.00 $180.00 $250.00 $500.00 $137.60 $275.20 23 2 EA Install white railroad crossing pavement symbol per Caltrans Std Plan A24B $470.00 $940.00 $860.00 $1,720.00 $470.00 $940.00 $500.00 $1,000.00 $500.00 $1,000.00 $250.00 $500.00 $510.00 $1,020.00 24 2 EA Install white stop pavement symbol per Caltrans Std Plan A24B $100.00 $200.00 $280.00 $560.00 $100.00 $200.00 $100.00 $200.00 $110.00 $220.00 $500.00 $1,000.00 $216.00 $432.00 25 4 EA Install Type G One-Way Clear Retroflective
Marker $10.00 $40.00 $6.00 $24.00 $10.00 $40.00 $10.00 $40.00 $15.00 $60.00 $4.00 $16.00 $8.00 $32.00 26 68 EA Install type D two-way yellow reflective marker$10.00 $680.00 $4.50 $306.00 $10.00 $680.00 $10.00 $680.00 $15.00 $1,020.00 $4.00 $272.00 $7.70 $523.60 27 8 EA Install two-way blue retroflective marker $10.00 $80.00 $25.00 $200.00 $10.00 $80.00 $10.00 $80.00 $15.00 $120.00 $4.00 $32.00 $11.80 $94.40 28 2 EA Install Type E traffic loop detector per Caltrans Std ES-5B $1,275.00 $2,550.00 $1,340.00 $2,680.00 $1,275.00 $2,550.00 $1,300.00 $2,600.00 $1,400.00 $2,800.00 $550.00 $1,100.00 $1,148.00 $2,296.00 29 1,642 LF Sand blast and remove existing red paint from curb $4.00 $6,568.00 $2.00 $3,284.00 $4.00 $6,568.00 $5.00 $8,210.00 $4.40 $7,224.80 $5.00 $8,210.00 $4.00 $6,568.00 30 1,809 LF Paint red curb $2.00 $3,618.00 $1.56 $2,822.04 $2.15 $3,889.35 $3.00 $5,427.00 $2.30 $4,160.70 $5.00 $9,045.00 $2.74 $4,960.28 31 3 EA Install R28 (R-CA) sign and post $240.00 $720.00 $415.00 $1,245.00 $240.00 $720.00 $240.00 $720.00 $260.00 $780.00 $300.00 $900.00 $287.00 $861.00 32 3 EA Install R28 (L-CA) sign and post $240.00 $720.00 $415.00 $1,245.00 $240.00 $720.00 $240.00 $720.00 $260.00 $780.00 $300.00 $900.00 $287.00 $861.00 33 2 EA Remove and relocate existing sign and post per
plans $180.00 $360.00 $455.00 $910.00 $180.00 $360.00 $180.00 $360.00 $200.00 $400.00 $200.00 $400.00 $239.00 $478.00 34 393 LF Install 6-inch white striping per MUTCD (CA)
Detail 27B $3.00 $1,179.00 $2.25 $884.25 $2.40 $943.20 $3.00 $1,179.00 $2.60 $1,021.80 $2.00 $786.00 $2.53 $994.29 35 3 EA Install 8-inch white diagonal crosshatch striping per plans $1.00 $3.00 $2.15 $6.45 $1.10 $3.30 $300.00 $900.00 $1.20 $3.60 $500.00 $1,500.00 $160.85 $482.55 TOTAL = $659,000.00 $691,695.00 $742,742.00 $749,262.00 $724,783.15 $860,566.00 $740,653.00 PAGE 2 OF 2
CONTRACT
CITY OF BUENA PARK CONTRACT FOR
CABALLERO BOULEVARD PAVEMENT REHABILITATION
“Project”
Project Number: 507
Bid Number: 2024-07
This CONTRACT (“Contract”) is made and entered this 9th day of April, 2024 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and HARDY & HARPER, INC. , California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 215952. The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of the following, each of which are attached hereto and incorporated herein by this reference:
A. This Contract;
B. The Notice Inviting Bids for the above-referenced project (“Project”), dated February 29, 2024;
C. The Instructions to Bidders for the Project, dated February 29, 2024; D. Contractor’s Bid for the Project, dated March 21, 2024 (including documentation accompanying the Bid and any post -Bid documentation submitted before the Notice of Award);
E. The Contractor’s Bonds for the Bid and the Project; F. The final working drawings, plans, and specifications for the Project as approved by the City, and dated February 2024 (“Plans and Specifications”).
G. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
H. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition;
I. Any and all permits from regulatory agencies with jurisdiction issued for the Project; and
J. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract.
2. Scope of Services. Contractor shall perform all Work necessary to complete, in a good and workmanlike manner, a public works project identified in the title of th is Contract above (the “Project”), as such Project and the Work to be performed by Contractor is further are described in the Contract Documents.
3. Compensation. In consideration for Contractor’s performance of the Work required to complete the Project hereunder, City shall pay Contractor a total NOT-TO-EXCEED amount of SIX HUNDRED FIFTY NINE THOUSAND dollars ($659,000) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable by the City for any and all costs, direct or indirect, of the Contractor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construc tion, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising therefrom. Compensation shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.
4. Term of Contract: The Contractor agrees to complete the work to City’s satisfaction within THIRTY (30) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.
5. Incorporation by Reference . All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
A. Compensation Insurance.
1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor 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. Further such policy of insurance shall provide that the insurer waives all rights of subrogation against City and its elected officia ls, officers, employees, volunteers, and agents.
2. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees.
Contractor, prior to commencing work, shall sign and file with the City, a certification as follows:
“I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.”
B. General Insurance Requirements
1. Types of Coverage. Contractor shall maintain the following insurance coverage throughout the term of this Contract, and upon request Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting co mpany, or certificates of insurance. Insurance coverage shall be provided in the following form:
a. Insurance Services Office Commercial General Liability coverage occurrence form number CG 00 01 11 85 or 88.
b. Automobile Liability insurance with coverage at l east as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).
c. Workers Compensation insurance as required by the State of California and Employer's Liability insurance.
2. Minimum Limits of Insurance. Contractor shall maintain insurance coverage limits no less than:
a. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles and/or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Co ntractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The Contractor and City further agree as follows:
1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations lim its the application of such insurance coverage. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.
2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
3. For any claims related to this Project, the Contractor's insurance coverage shall be primary to any other similar insurance. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.
4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
5. For purposes of insurance cover age only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.
7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.
8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.
10. All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, an d to delete the word "endeavor" with regard to any notice provisions.
11 All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability."
12. All insurance coverage shall contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."
13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.
14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.
16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.
17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, offi cials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.
18. Contractor agrees to require all parties or subcontractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.
Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this or any other agreement.
E. Acceptability of Insurers . Coverage shall be written by insurers with a current A.M.
Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.
F. Verification of Coverage . Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than t he City's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the City's requirements. All certificates and endorsements are to be received and approved by the City before work commences . The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.
G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any other party involved in the Project by Contractor to carry the same insurance as required herein. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here.
Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Contract. Contractor agrees that upon reque st, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of s uch documents will not impose and liability on City, or its employees.
7. Indemnitifcation.
A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the pe rformance of this Contract.
Contractor acknowledges that CITY would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.
B. To the full est extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents , volunteers and offic ers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitati on incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Contractor’s performance of this Contract. All obligations under this provision are to be paid by Contractor as they are incurred by the City.
C. Without affecting the rights of City under any provision of this Contract or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all -inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City.
D. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is other than the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
E. The obligations of Contractor under this or any other provision of this Contract will not be limited by the provisions of any workers ’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnitees.
The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by the C ontractor pursuant to this Contract.
8. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract.
This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
9. Prevailing Wages. City and Contractor ac knowledge that the Project is a public work to which prevailing wages apply.
10. Community Workforce Agreement. The City and contractor acknowledge that the project is covered by a Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions (the “CWA”). Contractor agrees to abide by the terms and conditions of the CWA.
11. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
12. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authority to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the performance of its obligations hereunder.
13. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
14. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsisten cy between the express provisions of this Contract and any provision of an exhibit, the provisions of this Contract, then the City’s invitation for bids, if any, shall prevail.
15. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BUENA PARK
By:
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Buena Park (“Public Agency”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
CABALLERO BOULEVARD PAVEMENT REHABILITATION
(Project Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), and not less than 100% of total contract amount.
Lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the cou rt, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the plans and Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated , all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Bond No. __________
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Buena Park (“Public Agency”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
CABALLERO BOULEVARD PAVEMENT REHABILITATION
(Project name)
which is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than
100% of the total Contract Price, in 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, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her 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 provisions in the Contract and any alteration thereof made as therein provided, on the Principal ’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of th e Work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the pro visions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
WORKER’S COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Buena Park (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
PROGRESS PAYMENT SIGNATURE AUTHENTICATION
All company billings submitted for payment shall have the signature of an official of the company authorized to sign a bill and/or collect a check from the City, either on the invoice or an attached cover letter.
The following personnel of _______________________________________________________ ____________________________________________________________________________ (Contractor)
are authorized to sign bills and/or receive checks.
NAME TITLE SIGNATURE
Any subsequent changes to supersede this signature list must be requested in writing and accompanied by a
facsimile of this form to be complete in its entirety.
By: ________________________________________________
(name and title)
For: _______________________________________________
(Bidder)
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contai ned in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negli gence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none,
so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in rel ation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance covera ge under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company ’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such i nsurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additi onal Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, b y certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect un til compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Buena Park(“Public Agency”), its elected official s, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Addi tional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company ’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insu red under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsem ent is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not les s than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the la ws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA
P 626 685 6989
F 626 685 6985
thesolisgroup.com
Pasadena / Dallas / Las Vegas / Oakland / San Diego March 28, 2024
Jason Tran, EIT, Assistant Engineer
City of Buena Park
Department of Public Works
6650 Beach Boulevard
Buena Park, CA 90621
Re: Proposal for CWA Administration Services for the
Cabellero Blvd Pavement Rehabilitation Project
Dear Jason Tran:
The Solís Group (TSG) is pleased to submit this cost proposal to provide CWA administration services required for the above referenced project. The work scope for this assignment is based on our proposal dated June 3, 2022. Our cost proposal based on information provided by the City is summarized below.
Project Description
Construction
Value
Duration
(including closeout)
Monthly
Cost
Life of Project
Cost Estimate
Cabellero Blvd Pavement
Rehabilitation $ 659,000 4 $ 1,345 $ 5,380
TOTAL COST $ 5,380
If actual construction (including punch list) and closeout extends beyond the planned duration, we will examine the need for additional budget.
We appreciate the opportunity to serve the City. If you have any questions regarding this cost proposal, please contact the undersigned. Please send Notice-to-Proceed to Sabrina Cristi, Accounting Assistant, at [email protected].
Sincerely,
Lina Gerpe
Marketing Pursuit Lead
City of Buena Park
City Council Regular Meeting Agenda Report
PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO VISUAL SERVICES (WAVS) FOR UPGRADES TO
THE POLICE DEPARTMENT TRAINING ROOM/EMERGENCY OPERATIONS CENTER (EOC) AUDIO/VISUAL SYSTEM Meeting
Tuesday, April 9, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B
Presented By
Bradley Geyer, Captain
Prepared By
Ryan Dieringer, Lieutenant
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve a Professional Services Agreement with Western Audio Visual for upgrades to the audio/visual (A/V) system in the Police Department Training Room/Emergency Operations Center (EOC); 2) Authorize the City Manager and City Attorney to make any necessary non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; 4) Approve a budget amendment in the amount of $122,093.35 from the General Fund revenues for this purpose; and, 5) Determine that dispensing with competitive bidding pursuant to Buena Park Municipal Code 3.28.080 (H) is in the best interest of the City.
DISCUSSION
When the Buena Park Police Department Building opened in December 2009, it housed a Training Room equipped with what was then a state-of-the-art A/V system. This system included three digital video projectors, five satellite video monitors, microphones, distributed speakers, and a control system based on a primordial digital tablet. It represented a considerable leap forward from the televisions, VCRs, and overhead slide projectors in the old police building’s training room. The Training Room is also home to the City’s EOC.
Technology has continued to evolve since the building was built and the Training Room A/V suite has barely changed.
Broken equipment has been replaced by the closest comparable models or simply left in place. The result is a system that no longer supports the room’s training efforts or EOC missions and is unable to make use of new technologies, such as remote training, teleconferencing, streaming video, and multi-source integration.
The proposed project will comprehensively replace nearly all outdated wiring and equipment in the Training Room. The entire A/V system will be rewired and reinstalled, greatly simplifying maintenance and troubleshooting when issues arise in the future. It will also replace the existing control system, which is difficult to use and partly crippled by the loss of some components. The upgrades will fulfill the present training and EOC needs and position the room for future uses.
The Purchasing Division released a Request for Qualifications (RFQ) for this project on January 26, 2024, and conducted a bidder’s conference on January 31. While three contractors expressed interest in the project, only one—Western Audio Visual Services (WAVS)—submitted a proposal. WAVS specializes in A/V installations in training rooms and command centers and is familiar with the legacy A/V system in the Training Room, and have a long history of providing equipment in the Attachments
Professional Services Agreement with Western Audio Visual (combined).pdf Western Audio Visual Proposal
Training Room. In addition, they will fulfill a recurring service contract for maintenance on the equipment in the Training Room. The learning curve to bring on a new vendor (if one can be found) would be cost-prohibitive and would not provide the same level of historical subject matter expertise. Therefore, staff recommends dispensing with competitive bidding pursuant to Section 3.28.080(H) of the Buena Park Municipal Code.
The upgrade will take about three weeks to complete and is anticipated to begin on July 10, 2024.
BUDGET IMPACT
The total cost of this project is $122,093.35, which includes both the purchase of equipment and labor. This project was previously included in the FY 2023-2024 budget (Account 11-7840-650303).
PAGE 1 OF 17
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
DATE: April 9, 2024
SERVICES: Upgrade and install audio/visual equipment in the Buena Park Police Department Training Room
PROJECT: Police Department Training Room A/V Upgrade
PARTIES TO THE AGREEMENT:
“CITY”: City of Buena Park, a California Municipal Corporation
City Representative: Name:
Aaron France
Title: City Manager
Tel.: 714-562-3551
Email: [email protected]
“CONSULTANT”: Western Audio Visual , a California corporation
Consultant
Representative:
Name:
Hailey Schellin
Title: Account Executive
Tel.: (714) 637-7557
Email: [email protected]
SUMMARY OF TERMS:
Start Date: April 9, 2024
End Date: August 31, 2024
Contract Value: $122,093.35__________
Services a “Public Work”: NO [__] YES [_X_] (add “PW Exhibit”)
Community Workforce Agreement: NO [_X_] YES [___] (add “CWA Exhibit”)
Insurance Approved By Risk Management: NO [___] YES [_X_]
APPROVED BY: (___) Department Head (___) City Manager (select one) Contract Value ≤ $10,000 Contract Value ≤ $80,000
(_X_) City Council
Contract Value > $80,000
(“Levine Act Exhibit” Required)
ATTACHMENT 1
PAGE 2 OF 17
AGREEMENT MUST BE FIRST EXECUTED BY CONSULTANT BEFORE IT MAY BE EXECUTED ON BEHALF OF THE CITY.
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated as of April 9, 2024, between the City of Buena Park, a California charter city (“CITY”), and Western Audio Visual, a California corporation ("CONSULTANT"). CITY and CONSULTANT are at times referred to herein jointly as “Parties” and individually as a “Party.”
1. TERM. The term of this Agreement shall commence on April 9, 2024 and shall remain in full force and effect until December 31, 2024 unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of this Agreement (“Term”).
2. SERVICES. Subject to the terms and conditions in this Agreement, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” (the “Services”). CITY may request changes or expansion of the Services (each a “Modification”) and in such cases the Modification to the Services, and any resulting increase or decrease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performance (defined below), shall be documented in a written amendment to this Agreement. Increases or decreases in Compensation resulting from any Modification to the Services shall be based on the rate specified in the Compensation Schedule (defined below), or if not specified in the Compensation Schedule at then-applicable prevailing market rate charged by CONSULTANT to other customers for the same service.
3. SCHEDULE OF PERFORMANCE. CONSULTANT shall commence providing the Services upon receipt of a written “Notice to Proceed” from the City Representative and CONSULTANT shall proceed only to the extent of such authorization. CONSULTANT shall perform all Services in the time required by the schedule of performance described in Exhibit “A” (“Schedule of Performance”), or if not specified in the Schedule of Performance in a timely and diligent manner reasonably acceptable to CITY.
4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services, including any authorized reimbursable expenses, shall NOT EXCEED the total maximum sum of $122,093.35 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.
5. PAYMENT.
5.1 Invoices. Each calendar month after CITY’s issuance of the Notice to Proceed, CONSULTANT shall submit an invoice to CITY for the Services performed and any authorized reimbursable expenses incurred in the immediately preceding calendar month. (Ex: invoices for Services rendered in January should be submitted in February ). The invoices shall describe in detail the Services rendered during each invoice period such as the days worked, personnel involved, number of hours worked, rates charged, milestones achieved, work product generated, or reimbursable expenses incurred, as applicable. CONSULTANT shall remit the invoices to the address and in the manner specified by CITY.
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5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt. CITY shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.
6. STANDARD OF SKILL. CONSULTANT shall perform all Services in the manner and according to the standards currently observed by a competent practitioner of CONSULTANT’s profession in California, and shall at all times, meet or exceed any applicable professional standards of care, workmanship, or conduct. All products of whatsoever nature that CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONSULTANT’s profession. The acceptance of the Services by CITY shall not operate as a release of CONSULTANT from such standards of care, workmanship, or conduct.
7. INDEPENDENT CONTRACTOR. CONSULTANT is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees or agents, except as herein set forth. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent.
7.1 CONSULTANT shall not have the status of an employee of CITY under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees.
7.2 In the event that CONSULTANT, or any of its employees, agents, or subcontractors providing Services under this Agr eement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“ PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees , agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
7.3 CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the Services under this Agreement. All of the Services shall be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified to perform it. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of the Services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing Services on CITY's premises.
8. ADMINISTRATION.
8.1 City’s Representative. The City Representative identified on the cover page of this Agreement shall have authority to administer this Agreement and oversee CONSULTANT’s performance of the Services, provided that an individual’s authority to amend this Agreement shall be governed by applicable provisions of the Buena Park Municipal Code. All activities performed by CONSULTANT shall be coordinated through the City Representative. CITY may change the identity of the City Representative upon written notice to CONSULTANT.
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8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer this Agreement on behalf of CONSULTANT and to act, bind, and approve all matters relating to this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced without the advance consent of CITY, which consent shall not be unreasonably withheld.
9. SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the pu blic and to meet or exceed the safety standards outlined by CAL OSHA. CITY may issue restraint or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the Services.
CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. CONSULTANT shall immedi ately report to CITY any hazardous condition noted by CONSULTANT.
10. INDEMNIFICATION AND HOLD HARMLESS.
10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City Indemnitees. CONSULTANT acknowledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.
10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent t he Services are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permi tted by law, indemnify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of the Services, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of CITY.
10.3 Indemnification for Services. Other than in the performance of design professional services by a desi gn professional, as covered by Section 10.2 above, to the fullest extent permitted by law CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including CONSULTANT’s active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by the agreement of the Parties.
CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense.
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CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.
10.4 Taxes, Assessments, Workers Compensation . CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws.
10.5 Obligations Not Limited by Insurance. The obligations and covenants of CONSULTANT in this Section 10 are independent and separate from any requirement or covenant to carry insurance. The obligations of CONSULTANT under this Section 10 shall not be limited by the limits of any policies of insurance by this Agreement or otherwise maintained by CONSULTANT, nor shall CONSULTANT’s obligations by limited by the provisions of any workers’ compensation act or similar ac t. CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the CITY or City Indemnitees.
10.6 Survival; Enforcement. CONSULTANT’s obligations and covenants under this Section shall survive the expiration or termination of this Agreement and shall continue in full force and effect for a time at least equal to the statute of limitations that is applicable to the underlying Claim, demand, cost or liability. CITY may offset against the amount of any compensation due CONSULTANT any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement or indemnification arising under this Section 10.
11. INSURANCE. At all times during the term of this Agreement CONSULTANT shall maintain insurance coverage in the forms, types, and amounts that are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provide evidence of such coverage to the satisfaction of CITY’s Director of Risk Management, which may include a visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance.
11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:
.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial G eneral Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
.2 The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).
.3 Workers' Compensation insurance as required by the California Labor Code and Employer's Liability Insurance.
.4 Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. If such insurance policy is written on a claims-made form, t he
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retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.
11.2 Minimum Limits of Insurance. CONSULTANT shall maintain insurance coverage limits not less than:
.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services / location or the general aggregate limit shall be $4,000,000 and contain specific language creating a duty to defend against any suit seeking damages.
.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease.
.4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.
11.3 Umbrella or Excess Insurance. In the event CONSULTANT purchases an umbrella or excess insurance policy(ies) to meet the “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies) required by this Section 11.
11.4 Deductibles and Self-insured Retentions: CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-i nsured retentions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to the City Manager or his/her designee , guaranteeing payment of losses and related investigations, claim administration and defense expenses . At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:
.1 Except with respect to Employer’s Liability or Professional Liability/E&O policies required by this Section 11, CITY and City Indemnitees shall be named as additional insureds (collectively “Additional Insureds”). Additional Insured endorsements shall not: (a) be limited to “Ongoing Operations”; (b) exclude “Contractual Operations”; (c) restrict coverage to the “Sole” liability of CONSULTANT; or (d) contain any other exclusion contrary to this Agreement.
.2 For any claims related to this Ag reement or the Services performed under this Agreement, CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by Additional Insureds. Any insurance or self-insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.
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.3 All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.
The notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
.4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.
11.6 Duration of Insurance. The requirements of this Section 11 shall survive expiration or termination of the Agreement. Insurance must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
11.7 Acceptability of Insurers. All insurance coverage required by this Agreement shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance Rating Guide.
11.8 Verification of Coverage. CONSULTANT shall furnish CITY with evidence of the insurance required by this Agreement to the satisfactory to CITY. Such evidence shall consist of original certificates of insurance and amendatory endorsements, including an additional insured endorsement. The endorsements shall be on forms prov ided by CITY or on such other forms approved by CITY and conforming to CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with CITY before commencing performance of the Services. Where and at the times applicable, CO NSULTANT shall also provide proof that the policies of insurance required under this Agreement and expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. CITY may require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONSULTANT shall provide complete copies of policies to CITY upon request.
11.9 Other Insurance Provisions.
.1 All insurance coverage and limits prov ided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of the insurance coverage.
.2 Requirements of specific coverage features or limits contained in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insuranc e. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
.3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.
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.4 Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard.
.5 In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessary, and CONSULTANT shall promptly reimburse to CITY any premium paid by CITY.
.6 CONSULTANT shall provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY or any of the Additional Insureds as a defendant. CITY assumes no obligation or liability from the notice. CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve CITY.
11.10 Subcontractors. CONSULTANT shall include all subcontractors, or any other party involved in the performance of the Services , as insureds under its policies or shall require subcontractors or any other party involved in th e Services by CONSULTANT to carry the same insurance as required in this Section 11. CONSULTANT shall obtain certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is provided as required in this Section. CONSULTANT shall require that no cont ract used by any subcontractor, or contract CONSULTANT enters into on behalf of CITY, shall reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT shall, upon request, submit to CITY for review, all agreements with subcontractors or others with whom CONSULTANT contracts with on behalf of CITY, and all certificates of insurance obtained in compliance with Section 11.8.
CITY’s failure to request copies of the documents shall not impose any liability on CITY, or its employees, or be deemed a waiver of any of CITY’s rights.
12. WORK PRODUCT.
12.1 Deliverables. CONSULTANT shall, in such time and in such form as CITY may require, furnish reports concerning the status of Services required under this Agreement.
CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver or return to CITY all material furnished to CONSULTANT by CITY.
12.2 Ownership.
.1 All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files or other media what soever, created or developed by CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY upon final payment being made. CONSULTA NT shall not obtain or attempt to obtain copyright protection as to any of the Work Product.
.2 CONSULTANT hereby assigns to CITY all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in CITY pursuant to subsection .1 above.
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.3 CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.
In the event any the use of any of the Work Product or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Work Product and other deliverabl es so that they become non-infringing while remaining in compliance with the requirements of this Agreement. CONSULTANT’s covenants under this Section 12.2 shall survive the expiration or termination of this Agreement.
13. CONFIDENTIALITY. During performance of this Agreement, CONSULTANT may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of CITY. CONSULTANT agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONSULTANT shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of CITY. In addition, CONSULTANT shall comply with all CITY policies governing the use of CITY network and technology systems. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
14. RECORDS. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Services, as required by CITY or the City Representative. CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the City Representative, or his or her designees, and shall give the City Representative, or his or her designees, the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.
15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and
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“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.
16. SUSPENSION AND TERMINATION.
16.1 Right to Suspend. CITY shall have the right at any time to temporarily suspend CONSULTANT’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONSULTANT. If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement as specified in such notice.
16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT. If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:
.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.
.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Serv ices required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.
17. Conflicts of Interest. CONSULTANT shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal. Gov. Code § 81000 et seq.), the Levine Act (Cal. Gov. Code § 84308), and California Government Code Section 1090.
CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would co nflict in any manner with the interests of CITY or that would in any way hinder CONSULTANT’s performance of Services under this Agreement.
CONSULTANT further covenants that in the per formance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of CITY. CONSULTANT agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Agreement.
18. NOTICES. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be given in writing to the person at the addresses specified on first page of this Agreement and deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CONSULTANT’s and CITY’s regular business hours, or (c) three business days after deposit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.
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19. MISCELLANEOUS TERMS.
19.1 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement by th is reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement shall prevail.
19.2 Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.
19.3 Nuisance; Compliance with Laws. CONSULTANT shall not maintain, commit or permit the maintenance or commission of any nuisance in connection with performing the Services. In the performing the Services CONS ULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the local laws, regulations, and policies of the City of Buena Park.
19.4 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with performing the Services.
19.5 Governing Law; Venue. The terms of this Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. The venue for resolving any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be a court with jurisdiction that is located in the County of Orange, California.
19.6 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort, or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable.
19.7 Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any righ t, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by CITY of any breach, any failure of a condition, or any right or rem edy under this Agreement shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
19.8 Efficient Performance. CONSULTANT shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards.
19.9 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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19.10 When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default that may then exist, on the part of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
19.11 Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
19.12 Captions. The titles of the sections, subsections and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement and the rights or obligations of the Parties to this Agreement.
19.13 Word Usage. Unless the context clearly requires otherwise, (a) the word “shall” is mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
19.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement, consti tutes the final, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agreements of the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.
19.15 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute this Agreement on behalf of his or her contracting Party.
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In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives.
CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
WESTERN AUDIO VISUAL
Name of Business
Signature
Signature
Name: Aaron France Name:
Title: City Manager Title:
*If CONSULTANT is a corporation, then pursuant
to California Corporations Code Section 313 this
Agreement must be executed by either: (1) the
chairperson of the board; (2) the president; or (3)
the vice president plus any one of the following:
the secretary, any assistant secretary, the chief
financial officer, or any assistant treasurer.
Signature
Name:
Title:
ATTEST:
BY:
Adria M. Jimenez, City Clerk
APPROVED AS TO FORM:
BY:
Christopher Cardinale, City Attorney
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EXHIBIT A
1) SERVICES. CONSULTANT shall provide to CITY the following Services:
2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Services in compliance with the following Schedule of Performance:
3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the following rates and times:
Listing of equipment – Attached Western Audio Visual Proposal
Installation and integration of A/V equipment (as specified in the “WAVS City of Buena Park:
PD Training Room/EOC Proposal” dated March 13, 2024) into the BPPD Training Room.
April 9-July 31: Receive all equipment.
July 31-August 31: Installation and programming of new system.
Total project cost estimated to be $122,093.35, as more specifically detailed in Buena Park PD Training Room AV Proposal dated March 13, 2024.
-50% equipment cost ($40,266.18) due upon order.
-40% Upon Substantial Completion
-10% Closeouts
Progress billing for labor ($41,515.00). Labor portions of work subject to the California Labor Code requirements specified in Exhibit B.
PAGE 15 OF 17
EXHIBIT _B_
PUBLIC WORKS - CALIFORNIA LABOR CODE REQUIREMENTS
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
A portion of the Services, constitute “public works” as defined by California law and as a result, CONSULTANT shall comply with the terms and conditions set forth in this PUBLIC WORKS EXHIBIT.
“Public works” include, but is not limited to the following: BOUNDARY SURVEY WORK,
TOPOGRAPHICAL SURVEY WORK, RELOCATI ON WORK, CONSTRUCTION INSPECTION,
TESTING AND OVERSIGHT SERVICES, SITE ASSEMBLY WORK, PRECONSTRUCTION
TESTING AND INSPECTION SERVICES, INSTALLATION AND DEMOLITION OF FIXTURES,
OR GEOTECHNICAL WORK (INCLUDING SOIL AND COMPACTION TESTING, FIELD
TECHNICIAN OBSERVATION OF ALL TRENCHING AND BACKFILL OPERATIONS, AND FIELD TECHNICIAN INSTALLATION OF MONITORING DEVICES).
As to any portion of the Services that are “public works,” CONSULTANT shall comply in all respects with all applicable provisions of the California Labor Code, including the following:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and CITY and CONSULTANT agree to be bound by all the provisions thereof as though set forth fully in this Agreement.
2. CONSULTANT shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to CITY prior to the Effective Date of this Agreement.
3. CONSULTANT agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay preva iling wages. The applicable prevailing wage determination(s) may be obtained at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
Applicable prevailing wage determinations are also are on file with CITY and are available to any interested party upon request. CONSULTANT shall, as a penalty to CITY, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by CONSULTANT or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, CONSULTANT’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
CONSULTANT shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
PAGE 16 OF 17
5. CONSULTANT shall comply with the provisions of California Labor Code Section 1776 which, among other things, require CONSULTANT and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform CITY of the location of the records.
CONSULTANT is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. CONSULTANT shall comply with the prov isions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONSULTANT is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. CONSULTANT shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by CONSULTANT or by any subcont ractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONSULTANT hereby certifies as follows:
“I am aware of the provisions of Secti on 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.
PAGE 17 OF 17
EXHIBIT _C_
REQUIRED FOR ALL CONTRACTS AWARDED BY THE CITY COUNCIL
(OTHER THAN COMPETITIVELY BID, LABOR, OR PERSONAL EMPLOYMENT CONTRACTS)
LEVINE ACT DISCLOSURE STATEMENT
California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency from making, participating in, or in any way attempting to influence the awarding of a contract by the agency if the officer receives any political contributions totaling more than $250 in the 12 months preceding the contract award, during the proceeding leading to the contract award, and for 12 months following the final decision on the contract, when the contribution is from any person that has a financing interest in the contract. This prohibition applies to contributions made directly to the officer, received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires discl osure of any such contributions to be made by a party to be awarded a contract by t he local agency. The Levine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.
LEVINE ACT DISCLOSURES:
1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposals leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):
2. Do you or your company, or any agency on beh alf of you or your company, anticipate or plan to make any contributions of more than $250 to any member of the Buena Park City Council after the date of the issuance of the request for proposals, or in the 12 months after the City Council’s decision on the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s):
NOTE: Answering yes to either of the two (2) questions above does not preclude the City of Buena Park from awarding a contract to your firm. It does, however, preclude the identified officer(s) from making, participating in, or in any way attempting to influence the contract award process.
Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.
_______________________ _____________________________________
DATE SIGNATURE OF AUTHORIZED OFFICIAL
_______________________ _____________________________________
NAME OF COMPANY NAME, TITLE
1001486 132849.13 04-22-2020
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
©
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
A
UTOS ONLY
03/22/2024
Javier Misiego
1661 N. Raymond Ave Suite 102
Anaheim CA 92801
Melanie Duarte
714-772-3838 714-808-6431
[email protected]
WESTERN A/V INC
1592 N BATAVIA ST STE 2
ORANGE, CA 92867
25178
25143
25151
C Y Y
2,000,000
500,000
5,000
1,000,000
4,000,000
4,000,000
248,400
A
Y Y 675 9458-F02-75 12/02/2023 06/02/2024 1,000,000
C N/A N/A 92-XC-0351-6 12/14/2023 12/14/2024
5,000,000
B Y 92-MW-G685-6 01/01/2024 01/01/2025 1,000,000
1,000,000
1,000,000
B
SURETY BOND
92-KN-M222-7 03/31/2024 03/31/2025 $25,000
AUDIO VISUAL SYSTEMS INTEGRATION
Business Location 1592 N Batavia St., Ste 2, Orange, CA 92867
It is agreed that is is the intention of the Company to provide 30 days written notice prior to the cancellation of the policy designated in this certificate. However, the Company assumes no liability for failure to do so.
6650 Beach Boulevard
P.O. Box 5009
Buena Park, CA 90622-5009
State Farm Mutual Automobile Insurance Company
State Farm Fire and Casualty Company
State Farm General Insurance Company
92-GY-D812-0 10/31/2023 10/31/2024
Name And Address Of Additional Insured Person Or Organization:
CITY OF BUENA PARK, CITY
MANAGER, CITY HALL, ITS CITY,
ELECTED OFFICIALS, OFFICERS,
EMPLOYEES AND AGENTS
6650 BEACH BLVD
BUENA PARK CA 90621-2985
1. SECTION II WHO IS AN INSURED of
SECTION II LIABILITY is amended to in-
clude, as an additional insured, any person or
organization shown in the Schedule, but only
with respect to liability for bodily injury,
property damage, or personal and advertis-
ing injury caused, in whole or in part, by:
a. Ongoing Operations
(1) Your acts or omissions; or
(2) The acts or omissions of those acting
on your behalf;
in the performance of your ongoing opera-
tions for that additional insured; or
b. Products Completed Operations
Your work performed for that additional
insured and included in the products-
completed operations hazard.
However, Paragraph 1. above is subject to the
following:
The insurance afforded to the additional
insured only applies to the extent permit-
ted by law;
a.
b. If coverage provided to the additional in-
sured is required by a contract or agree-
ment, the insurance provided to the
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such addition-
al insured; and
c. If the contract or agreement between you
and the additional insured is governed by
California Civil Code Section 2782 or
2782.05, the insurance provided to the
additional insured is the lesser of that
which:
(1) Is allowed for the satisfaction of a de-
fense or indemnity obligation by Cali-
fornia Civil Code Section 2782 or
2782.05 for your sole liability; or
You are required by contract or
agreement to provide for such addi-
tional insured.
(2)
We have no duty to defend or indemnify the
additional insured under this endorsement un-
til a claim or suit is tendered to us.
CMP-4786.1
CMP-4786.1 ADDITIONAL INSURED OWNERS, LESSEES, OR CONTRACTORS (Scheduled)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ST Policy No. 92 GYD812 0 3535-FB8A
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number:
Named Insured:
WESTERN A/V INC
, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CONTINUED
©
92 GYD812 0
Name And Address Of Person Or Organization:
CITY OF BUENA PARK, CITY
MANAGER, CITY HALL, ITS CITY,
ELECTED OFFICIALS, OFFICERS,
EMPLOYEES AND AGENTS
6650 BEACH BLVD
BUENA PARK CA 90621-2985
The following is added to Paragraph 10.b. of SECTION I AND SECTION II COMMON POLICY CONDITIONS :
We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of:
a. Your ongoing operations; or
b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule.
All other policy provisions apply.
1006225 137715.1 11-19-2013
CMP-4787
CMP-4787
CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST
OTHERS TO US
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ST Policy No. 92 GYD812 0 3535-FB8A
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number:
Named Insured:
WESTERN A/V INC
, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©
92 GYD812 0
Any insurance provided to the additional in-
sured shall only apply with respect to a claim
made or a suit brought for damages for
which you are provided coverage.
2. With respect to the insurance afforded to the
additional insured, the following is added to
SECTION II LIMITS OF INSURANCE :
3. If coverage provided to the additional insured
is required by contract or agreement, the most
we will pay on behalf of the additional insured
will be the lesser of the amount of insurance:
Required by the contract or agreement; or a.
Available under the applicable Limits Of
Insurance shown in the Declarations.
b.
This endorsement shall not increase the ap-
plicable Limits Of Insurance shown in the
Declarations.
With respect to the insurance afforded to the
additional insured, the following is added to
Paragraph 3. Duties In The Event Of Occur-
rence, Offense, Claim Or Suit of SECTION
II GENERAL CONDITIONS :
4. The additional insured must:
See to it that we are notified as soon as
practicable of an occurrence or an of-
fense which may result in a claim. To the
extent possible, notice should include:
a.
How, when and where the occur-
rence or offense took place;
(1)
The names and addresses of any in-
jured persons and witnesses; and
(2)
The nature and location of any injury
or damage arising out of the occur-
rence or offense;
(3)
Tender the defense and indemnity of any
claim or suit to us and to all other insur-
ers who may have insurance potentially
available to the additional insured; and
b.
Agree to make available any other insur-
ance the additional insured has for de-
fense or damages for which we would
provide coverage under SECTION II
LIABILITY .
c.
With respect to the insurance afforded the ad-
ditional insured, the following replaces SEC-
TION II LIABILITY of Paragraph 7. Other
Insurance of SECTION I AND SECTION II
COMMON POLICY CONDITIONS :
5. This insurance is primary to and will not
seek contribution from any other insurance
available to the additional insured, provided
that the additional insured is a named in-
sured under such other insurance.
a.
Regardless of any agreement between
you and the additional insured, this insur-
ance is excess over any other insurance
whether primary, excess, contingent or on
any other basis for which the additional in-
sured has been added as an additional in-
sured on other policies.
b.
There will be no refund of premium in the event
this endorsement is cancelled.
All other policy provisions apply.
CMP-4786.1 1007033 148011 08-21-2014
, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©
CMP-4786.1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be ________% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
5 CITY OF BUENA PARK
CITY MANAGER
CITY HALL
IT'S CITY ELECTED OFFICIALS,
OFFICERS, EMPLOYEES & AGENTS
6650 BEACH BLVD
BUENA PARK CA 90621-2905
CONTRACT $200 & CODE 8742
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured Insurance Company
Countersigned By ______________________________________________
WC 04 03 06
(Ed. 4-84)
1007722 124282.2 01-25-2019
State Farm Fire and Casualty Company
92-MW-G685-601/01/24
WESTERN A/V
COPY
DUE: February 14, 2024 by 11:00am
City of Buena Park
Request for Qualifications for
Emergency Operations Center (EOC) Audio-Visual
Equipment Upgrade
RFQ No. PD 24-01
Attn: Mark Averell, CPPO
Purchasing Manager
6650 Beach Blvd, Buena Park, CA 90621
F ebruary 13th, 2024
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive , Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747 www.wav1.com
Mark Averell
City of Buena Park
6650 Beach Blvd
Buena Park, CA 90621
[email protected]
Re: Request for Qualifications for Emergency Operations Center (EOC) Audio-Visual Equipment Upgrade (RFQ No. PD 24- 01 Dear Mark,
Thank you for the opportunity to submit our Proposal for the above referenced project based on the specification sent to all bidders. Our proposal is valid 120 days (or longer if contract negotiations are in progress) from the date of submittal.
Western A/V & Security (WAVS), an S-Corp, specializes in the design, sale, installation, and maintenance of multimedia display systems. WAVS and its’ Team have been providing turnkey audiovisual system solutions to the corporate, industrial, government and educational marketplace for 30+ years. WAVS is authorized to provide and install all components specified in this Proposal. Please see the attached document titled, “Relevant Project Experience - Recent Government & Municipality Projects” as proof that WAVS has proven and qualified experience in this niche client base.
The attached document titled, “Relevant Project Experience - Recent Government & Municipality Projects” can also serve as a document to showcase Representative projects that have been completed within the past 5 years, as requested in this RFQ. WAVS also provided a document with 5 project references of similar scope and size.
WAVS understands that the City may request a negotiating process with this proposal.
Statement of Compliance
The Price includes all Engineering, Project Management, Installation, Programming, Equipment, Training, as well as the inclusion of all applicable Taxes, Prevailing Wages, and Freight Charges for the following specified systems:
1) Emergency Operations Center (EOC) Audio-Visual Equipment Upgrade (RFQ No. PD 24-01) Base Bid Price ($129,323.38)
Western A/V & Security’s Price to furnish and install the specified sections above is One Hundred and Twenty-Nine Thousand, Three Hundred Twenty-Three Dollars, and Thirty-Eight Cents ($129,323.38), including all Electronic Waste Tax, Prevailing Wages, and Freight charges as detailed in the attached Pricing Summary. Note, Sales Tax is also included in the above price. LWC Note 3/20/2024: Revised pricing reflected on pages 20-22 Warranty and Preventative Maintenance
The AV Systems are warranted against all defects of materials and workmanship, as a system, as well as individual components, for period of 1 Year after date of acceptance, or first used (whichever comes first). If individual manufacturers, warranty their equipment for a longer period, the manufacturer’s warranty will apply.
February 13th, 2024
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Western A/V & Security has also included the cost of four (4) additional and optional years of our Service/Preventative Maintenance Contract:
1st Year= $3,899.50 (50% Off) (INCLUDED IN BASE BID)
2nd Year= $7,799.00
3rd Year= $7,799.00
4th Year= $7,799.00
5th Year= $7,799.00
RFP Addendum:
Western A/V & Security agrees to, and has acknowledged the receipt of all documents, Q&A, and addenda including:
Addendum #1 received on 1/31/2024 ___________________ (initials)
Addendum #2, Q&A received on 2/7/2024 ___________________ (initials)
Addendum #3, Bid Due Time Correction received on 2/12/2024 ___________________ (initials)
Contract Terms and Insurance Requirements:
Western A/V & Security agrees to and has acknowledged all insurance requirements stated in the RFQ. In addition, Western A/V & Security agrees to and has acknowledged all terms and conditions as shown in the City’s Standard Agreement for Consultant Services within the RFQ.
Page Limit Requirement:
Per the RFQ, Western A/V & Security has complied with the page limit requirement since all charts, schedules, required forms (Exhibit A), and Notary forms do not count towards the page limit requirement.
Thank you for your time and consideration and please feel free to call me if you have any questions or need further information at (714) 637-7272.
Sincerely,
Designated Contact: Hailey Schellin (Account Executive) Cell: 949-584-7028
[email protected]
WAVS C-7 License: 871609
I, Hailey Schellin, am the Account Executive authorized to negotiate and bind Western A/V & Security contractually.
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Company Data and Qualifications
Legal Name and Address(es):
Legal Name: Western A/V
DBA: Western Audio Visual & Security
1592 N. Batavia St, Suite 2 445 Marine View Drive, Suite 300 Orange, CA, 92867 Del Mar, CA, 92014
Approximately 10,000 square feet
(Where this project will be managed)
Annual Revenue:
$12-15 Million annually. Western A/V & Security (WAVS) caters to Corporate America, Government, and Higher Education.
Number of years Proposer has been in business providing similar systems and support as specified in the RFP:
Since May of 2005. 18 years.
Dealer Status:
Western A/V & Security is currently in good standing with all the major manufacturers listed within our design for this RFP. Not only does WAVS serve as a dealer to the major manufacturers listed in our design, but WAVS also serves as an authorized service facility for the major manufacturers listed in our design.
History of Firm, Firms’ credentials, and Firm Size:
Western A/V & Security has 50 employees.
WAVS has provided two documents that go into more detail about the history of our firm. One is titled “Statement of Qualifications” and another is titled “Project Team -Key Personnel”. Both documents go into much further detail about our experience, the certifications our staff uphold, and the types of clients we work with on a daily basis.
Ownership Structure:
Catherine Schellin - President
Jay Schellin - CFO
Steve Hollingsworth - Secretary
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Firm’s vision and Mission Statement:
The WAVS team broke off from a billion-dollar company in 2004. This led us to the vision of being the best in the business, rather than the biggest. Our team witnessed firsthand how those two qualities do not go together.
“Quality means doing it right when no one is looking” – Henry Ford
A description of the Organizations employees’ longevity & client base:
Longevity: Our team has been working together for 30+ years. The team at Western A/V & Security considers each other family. If you have the pleasure of working with WAVS on this upgrade, you will see these ‘family-like’ friendships.
Client Base: WAVS takes pride in their wide array of clients. WAVS caters to corporate clients, including Fortune 500 companies, as well as government clients. Within the past 10 years, WAVS has truly focused on government clients. The reason being, we understand the complexity and niche requests that each government agency has. There are no two government projects of ours that are exactly alike. The references section of this proposal can attest to our experience of working with government agencies.
Client Proximity:
As stated above, Western A/V & Security does not aspire to be a national or international company. Our company believes that a major aspect of the Audio Visual industry pertains to customer service. As shown above, Western A/V & Security has an office in Orange County and San Diego County. We focus on Southern California clients knowing that our Service Department can cater to any service-related item, or an emergency situation with ease. Please refer to the document titled “Recent Government & Municipality Projects” to attest for our familiarity in the Southern California region.
WAVS has traveled nation-wide and will do so only on rare occasion. WAVS is willing to travel for those clients that understand the value of our work. Those clients include National Universities, and Corporate Clients that wish to have all their facilities designed similarly. In turn, these Universities and Corporate Clients can save time knowing that all their facilities have been designed and installed by the same A/V Integrator.
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Project Understanding:
Western Audio/Visual & Security has become well known within the Civic and Government Markets. As mentioned in the cover letter, our Team has over 30 years of experience with similar types of equipment and integrated systems that are listed within the RFP for Emergency Operations Center (EOC) Audio-Visual Equipment Upgrade. Due to our extensive experience, we have a proven track record in providing quality and efficient system designs, installations, and repair services for our audio-visual and security systems.
The best proof of our understanding of the work to be performed is that we are the team that Consultants and Suppliers, come to for help with a wide variety projects. Our Lead Engineer, Erik Wilson, has worked on more Government projects than any other Engineer in the Southern California area. Many vendors can succeed with a simple conference room project, but not many can succeed in the world of EOC’s. Emergency Operation Center projects can truly speak to our qualified and abundance of experience.
We are the team that City’s come to when the low bidder did not work out. We currently have two City contracts where we are cleaning up the mistakes of an inexperienced vendor.
Our
biggest compliment came from a very large Consulting Firm that asked Crestron for their 5 biggest City Project References, and all 5 Projects were WAVS Projects.
The key to a successful installation for this type of project is prior experience and good preparation before coming on-site. Since we are typically doing large installations ranging between $1 Million and $3 Million in revenue, we understand more than others that attention to all the small details is critical. Our team has been doing City and County projects for over 30 years.
It is evident that our company’s resume and reputation can attest as to why we are the most qualified & competitive vendor for this RFP.
Please see the attached document titled, “Relevant Project Experience - Recent Government & Municipality Projects” which can attest to our experience in working with Government agencies like The City of Buena Park.
WesternAudioVisual&Securityisa
design-buildaudiovisualandsecurity
firmspecializinginthedesign,
engineering,installation,andserviceof
corporate,civicandeducationaudio
visualandsecuritysystems. Whileweare
primarilyaSouthernCaliforniabased
company,ourcoverageextendsnorthto
thecentralCaliforniaregionandeastto
NevadaandArizona.
Ourteamismadeupofhighlyrecognized
industryveteranswithover30yearsof
experienceintegratingsolutionswithin
executiveboardrooms,conferencerooms,
auditoriums,trainingrooms,video
conferencingsuites,command/control
centersandcorporateheadquarters
throughoutSouthernCaliforniaand
beyond.
StartingwithAVbudgetingexercisesand
followingthroughtopostinstallation
support,theWesternAudioVisual&
Securityteamiswellequippedtotake
anyprojectfromit’sdesignstagetofinal
installation.
1592BataviaStreet,Suite2
Orange,CA,92867
(714)637-7272
ORANGE/LACOUNTY SANDIEGOCOUNTY
(714)637-7330
12707HighBluffDr.,Suite200,
SanDiego,CA,92130
(760)438-1200
(760)438-0066
OURCOMPANY
PROFILE
LET US BE YOUR
GAME CHANGER
YearsintheIndustry
34 TopRankedService
#1
Million$+Projects
25+
Certifications
100+
4636E.Elwood,Suite12,
Phoenix,AZ,85040
(602)675-5575
ARIZONA
WWW.WAV1.COM
Statement of Qualifications
WesternAudioVisual&Securityisafull
servicesystemsintegrationcompany
providingthedesign,engineering,installation
andserviceofsophisticatedaudiovisualand
securitysystems.
ProvidingturnkeyAVandsecurity
solutionsfor:
COUNCIL CHAMBERS
VIDEO CONFERENCING SUITES
AUDITORIUMS AND LECTURE HALLS
COMMAND AND CONTROL CENTERS
BOARDROOMS AND CONFERENCE ROOMS
TRAINING ROOMS AND CLASSROOMS
HUDDLE SPACES
DIGITAL SIGNAGE
BROADCAST SOLUTIONS
AUDIOVISUAL
SERVICES
Ourstaffofhighlytrainedtechniciansensuresour
clientsreceivetheutmostquality&
professionalismduringtheinstallationphase.
Withafocusonconstantlyimproving,WesternAV
&Securitytechniciansholdcertificationswithall
majormanufacturers. Leveragingyearsof
experiencewithanunmatchedattentiontodetail,
ourstaffofdedicatedtechniciansarewell
equippedtoperformatahighlevel. Upon
completionofeachinstallation,acertified
WesternAV&Securitytrainerwillhostenduser
trainingsessions. Thesetrainingsessionsgive
clientstheabilitytousetheAVsystemsina
comfortable,stressfreeenvironment. Once
complete,ourclientswillhaveallthetools
necessarytopresent,collaborate,and
communicateusingthemostuptodate
audiovisualtechnology.
Thefirststepinanynewprojectisidentifyingthe
functionalityrequiredwhilecreatingarealisticAV
budgettoworkfrom.WesternAV&Security’steam
ofdesignspecialistsworkswitheachclienttodefine
theneedsofindividualusersandultimately,
configurewhattechnologyisneededtocreate
collaborative,easy-to-use,futureproofmeeting
spaces.
WesternAV&Securityunderstandsthatupfront
planningandcoordinationthroughoutaprojectwill
ensureitsultimatesuccess. APMPcertifiedproject
managerwillbeassignedtoeverynewproject. Our
projectmanagersoverseeallaspectsofthe
installationfromcommunicatinginfrastructurewith
varioustrades(architects,generalcontractors,etc.)
toschedulingtheinstallationteamandensuringall
systemsareinstalledontimeandwithinbudget.
AVINSTALLATION &TRAINING
DESIGN:BUDGETING:NEEDSANALYSIS
PROJECTMANAGEMENT
Statement of Qualifications
SERVICE&
CUSTOMERSUPPORT
WesternAV&Securityunderstandstheimportanceoflimitingdowntimerelatedtoany installationandourteamofserviceprofessionalsareavailable24/7tosupportour clientswhentheneedarises. Inadditiontotechnicalsupport,partsreplacementand equipmentrepair,WesternAV&Security’sserviceteamoffersavarietyofcustomized PreventativeMaintenancePlanstosafeguardyourinvestment.
Directphone
numberswithall
phonesforwarded
toindividualcell
phonesforabetter
accesstoWestern
personnel.
Complete
TrainingSessions
tailoredto
specificend-
users
requirements.
Organizedand
completesystem
documentation
withevery
system.
24-HourTechnical
Supportwithall
Maintenanceand
ServicePlans
Standardand
Customized
Maintenanceand
WarrantyService
Programs
CUSTOMERSUPPORTSERVICEHIGHLIGHTS:
Statement of Qualifications
SECURITYSERVICES
WesternAV&Securitydesigns,installs,
servicesandmonitorsseamlessly
integratedelectronicphysicalsecurity
solutionsforawiderangeofclientsin
southernCalifornia.Physicalsecurity
equipmentmustprovidethehighestlevel
ofprotectionwithoutfailforyourassets.
WesternAV&Securitypartnerswithonly
thebestequipmentandsoftware
manufacturerstoensurewhatyouwant
securedstayssecure.Servingclientsofall
sizes,WesternAV&Securitywilldesigna
solutiontomeetbothyourcurrentneeds
aswellasprovidetheflexibilitytosupport
yourfuturegrowth.
Mostimportantly,WesternAV&Security
providesawidearrayofprofessional
servicestoensureyourinvestmentis
protectedandcontinuestooperateas
originallydesigned.
ReliableSolutionsServiceFocused TopTechnology
• Intrusion Protection
• Video Surveillance
• Access Control
• Monitoring Solutions
• Alarm Verification
• Integration
SOLUTIONS
Statement of Qualifications
PROJECT TEAM:
KEY PERSONNEL
ERIK WILSON,Design Engineer, CTS-D, DMC-E, DMC-D, BE2, Biamp Tesira Erik has over 30 years of experience in the audiovisual industry and is considered by many in the AV industry as one of the top engineers in the country. Erik started his career in the audiovisual industry with Ampro in Florida before moving to California and working with J.O.S. Projection Systems. He has also traveled all over the world for British Petroleum designing and fine-tuning Control Room Displays utilizing edge blending. He has performed many different jobs in the audiovisual world including, Final Setup Technician for CRT projectors, Service Technician, Project Manager, System Designer, System Sales, Engineer and is now currently a Design Engineer at Western Audio Visual & Security. He has an AA degree in Electronics and many certifications including those from Biamp, Crestron, Christie, AMX, Panasonic and more. Erik also holds a CTS-D certification from AVIXA and DMC-E from Crestron Electronics. He has designed many high-profile projects including: Eastern Municipal Water District, City of Glendora, City of Anaheim, Fandango, City of Temecula, Viasat, Intuit, Too Faced, Children’s Hospital of Orange County, City of San Marcos and City of Brea. He specializes in projects ranging from $750,000 to $2,000,000+.
HAILEY SCHELLIN,
Hailey has worked in the audiovisual industry for 10 years as an Account Executive for Western Audio Visual & Security. While at Western, she has become the expert in government contracts and has contracted with over 120 municipalities. Hailey stands out in the industry because of the relationships she garners with her clients and how she oversees the client is receiving exactly what they want from start to finish of each project. Hailey specializes in Council Chambers, Boardrooms, Traffic Management Centers and Emergency Operations Centers. Some of Hailey’s key accounts include: City of Anaheim, City of Ventura, Coachella Valley Water District, City of Buena Park and Orange Police Department. Hailey graduated from the University of Arizona with a Bachelor’s degree in Communications and a minor in Business.
Account Manager
JAY P. SCHELLIN,
Jay has over 10 years in the audiovisual industry. Jay started his career in the AV industry as an installer, working his way up to become a field engineer and programmer. Jay has an AA degree in biological and physical sciences and mathematics and has experience programming for Crestron, AMX, Biamp, Q-SYS, Shure and more. Jay approaches every project with an upbeat attitude and has experience working on projects ranging from corporate, to military to city council chambers. While working at Western Audio Visual & Security, several customers have reached out to Jay’s managers to compliment Jay’s responsive and professional nature. Jay was also responsible for upgrading the NATO Response capabilities of Northrop Grumman, the Emergency Operation Center for the City of Orange Police Department, John Wayne Airport, and the City of Murrieta. Jay has also worked heavily on council chamber programming and commissioning including 35+ city and county chambers some of which are: County of San Bernardino, City of Ventura, City of Chula Vista, City of Temecula, City of Orange and more.
Sales Engineer, DMC-D-4K, CTI-CTF, CTI-P301, CTI-FUSION-P, CCI-CCT Shelby has over 25 years of experience in the audiovisual industry. He started his career at MCSi and has worked for a couple other large integration companies before arriving at Western Audio Visual & Security in 2010. He is Western’s Senior Project Manager designated as the training coordinator for all new hires. Before joining the audiovisual industry, Shelby was a Sergeant in the Marine Corps for six years. His experience covers a full range of projects starting with simple systems and then, in the past 10 years, spent fully on large-scale projects. Some of these projects include: Herbalife - LA Live ($1.5 million), Taco Bell ($1 million), UCLA Medical Center, USC Medical Center, Mayo Hospital, City of Hope, UC Irvine, Claremont McKenna College and Intuit.
SHELBY TOAL,Senior Project Manager,PMP, DMC-D
KEVIN MAHKORN,
Kevin has over 17 years of experience in the audiovisual industry. Kevin started in the industry in 2007 working as a Project Coordinator. He worked directly with the project management and engineering teams on all new and existing projects. His attention to detail, knowledge of installation requirements in the field and coordination with end users made Kevin an integral part of the technical services department. In 2009, Kevin was promoted to Service Manager where he was tasked with building and maintaining a fully functioning service department - something he has done nothing but excel and exceed expectations with. Kevin has received great praise from clients and colleges due to his constant and outstanding customer service and support. He has a loyal following of customers and is recognized by many of our industry suppliers as the top in his field. Suppliers continue to steer their service business Kevin’s way since it has had such a positive effect on their business. Kevin has worked on many high-profile projects such as: Taco Bell corporate headquarters, Herbalife LA Live, Metlife, WATG, Intuit, Children’s Hospital Los Angeles, Citrus College, Cerritos College and Bank of America.
Service Manager,DMC-D
City of Buena Park
Proposed Project Team
HAILEY SCHELLIN
ACCOUNT MANAGER
SHELBY TOAL
PROJECT MANAGER
RYAN BAUMGART
PROCUREMENT
GEO CORONA
PROJECT CLOSER
DANNY BERMUDEZ
SUPERINTENDENT
KEVIN MATUTE
TECHNICIAN
JOSH BARBA TECHNICIAN
MIGUEL MEZA
TECHNICIAN
COLIN LAYMON
TECHNICIAN
ERIK WILSON
ENGINEER
KEVIN MAHKORN
SERVICE MANAGER
JAY SCHELLIN
PROGRAMMER
RANDI ELLIS
CAD/DOCUMENTATION
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
Relevant Project Experience - Recent Government & Municipality Projects
City Projects:
1. City of Aliso Viejo* ($119k)
2. City of Anaheim* ($939k)
3. City of Azusa ($106k)
4. City of Banning* ($334k)
5. City of Barstow* ($213k)
6. City of Beaumont* ($10k)
7. City of Big Bear Lake* ($175k)
8. City of Brea ($643k)
9. City of Bishop* ($97k)
10. City of Buena Park*($640k)
11. City of Carlsbad ($616k)
12. City of Cerritos* ($501k)
13. City of Chino* ($739k)
14. City of Chino Hills* ($225k)
15. City of Chula Vista* ($558k)
16. City of Colton* ($200k)
17. City of Corona* ($1.5M)
18. City of Coronado ($31k)
19. City of Costa Mesa* ($331k)
20. City of Covina* ($166k)
21. City of Cypress* ($290k)
22. City of Del Mar* ($105k)
23. City of Diamond Bar ($67k)
24. City of Downey* ($137k)
25. City of Duarte* (3k)
26. City of Eastvale ($4k)
27. City of El Monte ($31k)
28. City of El Segundo ($34k)
29. City of Encinitas* ($477k)
30. City of Fontana* ($97k)
31. City of Fullerton ($217k)
32. City of Gardena* ($96k)
33. City of Glendora* ($438k)
34. City of Goleta* ($214k)
35. City of Hawaiian Gardens* ($200k)
36. City of Hemet ($6k)
37. City of Hesperia* ($609k)
38. City of Hermosa Beach ($190k)
39. City of Hidden Hills ($8k)
40. City of Huntington Park*($7k)
41. City of Imperial Beach* ($270k)
42. City of Irvine* ($152k)
43. City of Irwindale* ($150k)
44. City of La Habra*($303k)
45. City of La Mesa* (224K)
46. City of La Palma* ($29k)
47. City of La Puente ($34k)
48. City of Laguna Beach*($170k)
49. C ity of Loma Linda * ($268k)
50. City of Lomita* ($10k)
51. City of Manhattan Beach* ($393k)
52. City of Malibu ($80k)
53. City of Mission Viejo* ($747k)
54. City of Moreno Valley ($11k)
55. City of Murrieta ($818k)
56. City of National City* ($98k)
57. City of Ojai* ($25k)
58. City of Ontario ($329k)
59. City of Orange ($540k)
60. City of Oxnard* ($147k)
61. City of Perris* ($145k)
62. City of Placentia ($59k)
63. City of Pomona* ($194k)
64. City of Port Hueneme* ($220k)
65. City of Rancho Mirage* ($238k)
66. City of Rancho Palos Verdes*($100k)
67. City of Redlands ($33k)
68. City of Redondo Beach ($38k)
69. City of Riverside* ($225k)
70. City of Rolling Hills Estates* ($156k)
71. City of San Clemente* ($28k)
72. City of San Dimas* ($207k)
73. City of San Fernando* ($25k)
74. City of San Juan Capistrano* ($136k)
75. City of San Marcos* ($399k)
76. City of San Marino ($2K)
77. City of Santa Clarita* ($67k)
78. City of Santa Ana ($542k)
79. City of Santa Barbara ($779k)
80. City of Santa Fe Springs* ($130k)
81. City of Santee* ($575k)
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
82. City of Signal Hill ($6k)
83. City of Simi Valley* ($272k)
84. City of Solana Beach* ($109k)
85. City of Temecula* ($1.5M)
86. City of Tustin* ($607k)
87. City of Upland* ($115k)
88. City of Ventura* ($305k)
89. City of Victorville * ($1.6M)
90. City of Villa Park* ($82k)
91. City of Vista ($89k)
92. City of Walnut * ($223k)
93. City of West Covina ($54k)
94. City of West Hollywood ($991k)
95. City of Westminster ($135k)
96. City of Whittier* ($367k)
97. City of Yorba Linda* ($208k)
County & District Projects:
1. Anthem Community Council, AZ* ($163k)
2. Civil Rights Institute* ($436k)
3. Columbia Space Center* ($200k)
4. Coachella Valley Water District* ($762k)
5. County of Inyo* ($110k)
6. County of Los Angeles ($300k)
7. County of Orange* ($227k)
8. County of Riverside* ($245k)
9. County of San Bernardino* ($1.3M)
10. County of San Diego* ($250k)
11. Eastern Municipal Water District* ($344k)
12. El Toro Water District* ($92k)
13. First 5 - San Bernardino* ($97k)
14. Desert Water Agency* ($165K)
15. Inland Empire Utilities Agency* ($570k)
16. Irvine Ranch Water District* ($300k)
17. Jurupa Community Services District* ($8k)
18. Las Virgenes Water District* ($187k)
19. Long Beach Water ($12k)
20. Los Angeles County Bar Assoc. ($345k)
21. Los Angeles Fire Police Pension ($200k)
22. Omnitrans* ($73k)
23. Orange County Fire Authority* ($559k)
24. Orange County Sanitation District* ($148k)
25. Otay Water District ($153k)
26. Port of Los Angeles* (250k)
27. Rancho California Water District* ($27k)
28. Reg. County OCC Center * ($120k)
29. SBCERA* ($110k)
30. San Bernardino Valley Municipal Water
District* ($206k)
31. SDCERS* ($250k)
32. San Diego District Attorney* ($244k)
33. San Diego Medical Examiner* ($375k)
34. Santa Margarita Water District* ($50k)
35. South Orange Community College District*
($153k)
36. The Toll Roads* ($25k)
37. Three Valley’s Municipal Water District*
(64k)
38. TRIUNFO Water & Sanitation District*
($196k)
39. Vallecitos Water District ($93k)
40. Victor Valley Transit Authority* ($41k)
41. Vistra Moss Landing ($21k)
42. Yorba Linda Water District* ($153k)
B
lue indicates projects in progress
Red indicates maintenance contracts
* indicates design/build
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive , Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747 www.wav1.com
Representative Project References…
1. City of Corona Emergency Operations Center
a. Lee Shin, Emergency Services Manager
b. Client Contact Info: 916-582-8201, [email protected] c. Cost of Project: $546,632.07
d. Completion Date: February 2024 (+ ongoing Service Contract) e. WAVS was contracted to upgrade the AV system in the EOC located at Corona Fire.
2. City of Ontario Police Department
a. Client Name: Matthew Guilbaud, IT Technician
b. Client Contact Info: 909-395-2748, [email protected] c. Contract Amount: $225,000+
d. Completion Date: February 2024 (+ ongoing Service Contract) e. WAVS was contracted to upgrade the AV systems in the Dispatch Center, Watch Commanders Office, the Briefing Room, and the Gym.
3. City of Costa Mesa TMC & City of Westminster TMC
a. Client Name: Kenny Chao, Principal at AET & Associates (WAVS was a subcontractor) b. Client Contact Info: 714-982-0398, [email protected] c. Cost of Projects: City of Costa Mesa TMC ($120,067), City of Westminster TMC ($65,172) d. Completion Dates: Costa Mesa TMC (January 2024), Westminster TMC (February 2019) e. WAVS was contracted to upgrade the AV systems within both Traffic Management Centers.
4. City of Chino Police Department: Real Time Crime Center a. Client Name: Dean Carbone, Facilities Coordinator
b. Client Contact Info: 909-334-3075, [email protected] c. Cost of Project: $209,000+
d. Completion Date: February 2021 (+ ongoing Service Contract) e. WAVS was contracted to upgrade the AV system in the Real Time Crime Center in Chino PD.
5. City of Orange Police Department
a. Client Name: Fernando Maldonado, Sergeant
b. Client Contact Info: 714-744-7524, [email protected] c. Cost of Project: $139,000
d. Completion Date: February 2021
e. WAVS was contracted to upgrade the AV system in the Briefing Room/EOC at Orange PD.
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive , Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747 www.wav1.com
Proposed Approach
O
ur approach starts with hiring the most qualified people. Your Project Manager, Shelby Toal, is one of only two in Southern California that has the prestigious PMP Certification. He is also a 20-year veteran of the Audio Visual Industry. Our Lead Design Engineer, Erik Wilson, has the most proven experience with Emergency Operations Centers and Council Chamber projects.
Western A/V & Security (WAVS) has become very familiar and understands that each Municipality project has unique needs. Erik has become recognized as the “go to” Engineer for Consultants and Suppliers in the niche world of Municipality projects. His vast knowledge of the Signal Distribution Systems and Display Systems are what set his skills apart.
In the design/build approach, our Sales Team (Rep. & Engineer) will sit down with the client to develop the clients’ wants and needs for each space. Once this is complete, our team develops a bill of materials and scope of work for each space. This is reviewed with the client to ensure that it meets all the requirements for the project. This applies to your project as well.
We start off all projects with a Kick-off meeting to ensure that all parties have reviewed the scope of work together. The better the Scope of Work, the better the project is executed. At this meeting we will provide the client with one point of contact at our company. Once a fully executed copy of a contract or a PO is delivered to WAVS, Shelby Toal will be the main point of contact for The City of Buena Park. We like to provide our client with one point of contact to ensure that communication will flow at a swift pace.
Our team follows the steps in our System Milestone Schedule to ensure nothing is forgotten or left behind. Depending on the project needs, our Project Manager will be on-site to provide daily or weekly updates on the project.
Once we have completed the implementation and testing, there is another critical piece which is the training. Over the years we have found out that the best Training comes from the Engineer who worked with the client to design the system and implement the system. It eliminates all the questions of “Why” since both parties were part of the design, changes, deletions, adds, etc.
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive , Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747 www.wav1.com
Personnel Staffing Plan
Wh
en it comes to Municipality projects, our Project Manager (PMP), Shelby Toal, will put his best men forward on the job. Due to our experience and extensive resume in Municipality projects, WAVS understands the urgency and niche quality to these systems. Our Engineers & technicians truly enjoy working on Municipality projects, since we have become the experts in these systems.
If there is a change in management on the project, WAVS would contact The City of Buena Park directly to let them know. We differ from other companies in the fact that we have two Project Managers that are aware of all ongoing projects.
Project Controls
Ou
r 30 years of experience working with Cities, Counties, and Municipalities has given our company a competitive edge in this niche market. Our company has found that one major key in controlling our project costs for these projects starts with a well-defined scope of work.
We then have our Project Manager review that well-defined scope of work with the client in the kick-off meeting.
Our team utilizes real-time information on our server. So, if any changes are made on our Bill of Materials, Schedule, Drawings, Programming, Engineering, etc, everyone can see the exact changes in real time. The Project Management Software also alerts the team of these changes once they have occurred.
Our warehouse manager also updates the system with equipment and shipping updates, so our field supervisors have real-time status on every item in the system.
Our field team utilizes TAG Software, which helps provide daily tracking of progress on all areas of the project including off-site & on-site installation, drawings, and engineering. We can show you this software in an interview.
In regards to accurate and timely invoices, our Project Managers review and approve of all Billings before they are sent out, Tuesdays or Fridays.
All of our real-time information systems can be demonstrated or discussed in more thorough detail during an interview.
Orange – Los Angeles County San Diego County Arizona 1592 North Batavia Street, Suite 2 445 Marine View Drive, Suite 300 4636 E. Elwood, Suite 12 Orange, CA 92867 Del Mar, CA 92014 Phoenix, AZ 85040 Phone#: (714) 637-7272 Phone#: (760) 438-1200 Phone#: (602) 675-5575 Fax#: (714) 637-7330 Fax#: (760) 438-0066 Support#: (602) 767-6747
www.wav1.com
In-Shop Assembly and Fabrication
Once a technician is hired at WAVS, the first thing they learn about is the importance of our in-shop assembly process. In fact, WAVS has a room dedicated to in-shop assembly. In this room, our technicians will build and wire racks prior to coming on-site. In addition, they can load and test code before bringing the racks and equipment on-site. This process is crucial and ensures that the on-site installation will go much smoother. Our technicians have a list of tests to perform before they can bring a rack to the jobsite. The Lead Technician will verify that his team has performed all of those tests required.
Our Project Managers hold monthly and private meetings with each one of our technicians. In these meetings, they can be randomly tested on WAVS in-shop assembly process.
At that time, they will also inform the Project Managers of any specific areas where they hope to improve. These private monthly meetings give our Project Managers insight into each Technicians’ individual strengths. Based on those individual strengths, he will put them in specific courses to receive accreditations & certifications in that specific field of knowledge.
Testing & Acceptance
Aside from all the good preparation needed on the front-end, one of the most critical elements will be testing.
Our technicians utilize a quality control checklist, to ensure that all new items of the system are working properly. The Lead Technician will always verify that his team has completed each item on their checklist.
In addition, our Project Manager will perform multiply quality audits throughout the installation of this project.
Upon final project walk through, the PM (Project Manager) or PE (Project Engineer) will provide final sign off on the quality control checklist.
Once the installation and testing phases are complete, training will be scheduled.
Client:_City of Buena Park .
Prepared by: Hailey Schellin_____________ .
Date: _2/12/2024____ .
MILESTONE DATE
1. Project Awarded – Notice to Proceed 3/6/24
2. Project Team Kick Off Meeting 3/13/24
3. Engineering Team Meeting On-Site 3/13/24
4. Audio Visual Drawings 4/10/24
5. AV Equipment – Long Lead Procurement 3/20/24
6. Touch Panel Build / Prep 3/27/24
7. AV Equipment Procurement 4/3/24
8. AV Cabling 5/29/24
9. Install Displays 5/31/24
10. On-Site Rack Fabrication 6/4/24
11. Install AV Devices 6/5/24
12. AV Terminations & Wiring Devices 6/7/24
13. WAVS Equipment Set-Up & Updates 6/11/24
14. On-Site Control Programming 6/12/24
15. WAVS Testing & Troubleshooting 6/14/24
16. Project Substantial Completion 6/19/24
17. Training 6/19/24
18. Audio Visual Closeouts & Documentation Delivery 7/3/24
19. Project 100% Complete 7/3/24
PLEASE NOTE:
1. With the consent of Western AVS & City of Buena Park, this schedule can be adjusted.
2. This schedule is based on Western AVS’ current workload. Western AVS cannot guarantee these dates until a contract or PO has been issued.
3. This schedule is based on typical equipment lead time orders. This schedule does NOT indicate any backordered equipment items. If there are equipment items that are backordered, this schedule will need to be revised.
4. This schedule does NOT include any work done by subcontractors or the Facilities Department. This schedule will need to be revised based on the subcontractors lead times on equipment and install schedule.
Representative Hailey Schellin
Mobile 949.584.7028
Office 714.637.7557
Email [email protected]
Revision 3/13/2024
Item Quantity Manufacturer Model Description Unit Price Ext Price Display System
1 Samsung IAC 130 2K ALL IN ONE IAC 130 2K 1.5 MM 1000 NIT / 500 NIT 6000 1 34,100.00$ 34,100.00$ 4 Samsung QH65B 65IN COMMERCIAL TV UHD DISPLAY 700 NIT 1,506.00$ 6,024.00$ 4 Chief MSM1U Medium Fusion® Micro-Adjustable Fixed Wall Mount 146.00$ 584.00$ Existing Whiteboards to be removed by the City of Buena Park, and all patch/paint after whiteboard removal will be done by the City of Buena Park New Whiteboards to be provided and installed by the City of Buena Park All C-10 Electrical Requirements will be performed and installed by the City of Buena Park's Facilities Team/ City of Buena Park's On-Staff Electrician Signal Distribution and Switching System
1 Visionary Solutions E-WP-H-WHITE
A/V Encoder (Wall Plate), 4K UHD over IP cinema quality ultra-low latency visually lossless switch matrix routable, with built-in video wall functionality; POE; Upgradeable to AES67/Dante, HDMI Only
(Laptop Connection)
1,146.00$ 1,146.00$
6 Visionary Solutions E4100
A/V Encoder, 4K UHD over IP cinema quality ultra-low latency visually lossless switch matrix routable, with built-in video wall functionality; POE (2 Cableboxes, 4 Wireless Connections)
700.00$ 4,200.00$
5 Visionary Solutions D4100
A/V Decoder, 4K UHD over IP cinema quality ultra-low latency visually lossless switch matrix routable, with built-in video wall functionality; Expansion Ethernet Port; POE+; Single Port AES67/Dante
(4 side displays, 1 dedicated audio decoder)
700.00$ 3,500.00$
1 Visionary Solutions MV4
A/V Multiviewer, 4K UHD over IP cinema quality ultra-low latency visually lossless switch matrix routable, 4 Decoders in, 1 Encoder and 1 HDMI out, High Performance Scaling and Windowing Engine.
4,107.00$ 4,107.00$
SOURCES
Wall Mounted Video Conference Laptop Connection
(2) Cable TV Tuners (Owner Furnished)
4 Crestron AM-3000-WF (4) AirMedia® Receiver 3000 with Wi F i® Network Connectivity 688.00$ 2,752.00$ 4 Crestron PW-2412WU Wall Mount Power Pack, 24 VDC, 1.25 A, 2.1 mm, Universal 49.00$ 196.00$ Audio System
1 Shure, Listen, Crown Existing Ceiling Speakers / Existing Wireless Microphones / Existing ALS / Existing Amplifier System
1 Biamp TesiraFORTE AVB CI
Fixed I/O DSP with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 128 x 128 channels of AVB, and AEC technology (all 12 inputs)
2,819.00$ 2,819.00$
1 Biamp TCM-X White Low profile Beamtracking ceiling microphone, 1,513.00$ 1,513.00$ 1 Biamp Parlé TCM-XEX White Low profile expansion Beamtracking ceiling microphone 964.00$ 964.00$ Web Conferencing System
2 Logitech 960-001226 RALLY CAMERA VC ONLY BOARDROOM INVCIN CAMERA SOLUTION 1,531.00$ 3,062.00$ 2 Valens EVX6-USB-KT-POE Logitech Extender Kit Made by Valen USB and Power Extender 462.00$ 924.00$ Control System
1 Crestron RMC4 4-Series™ Control System 688.00$ 688.00$ 1 Crestron TSW-770-B-S 7 in. Wall Mount Touch Screen, Black Smooth 1,424.00$ 1,424.00$ Miscellaneous Components
1 Middle Atlantic Existing Equipment Rack Existing 1 Netgear GSM4248P-100NAS
Netgear M4250-40G8F-PoE+ AV Line Managed Switch - 40 Ports - Manageable - 3 Layer Supported - Modular - 8 SFP Slots - 59.50 W Power Consumption - 480 W PoE Budget - Optical Fiber, Twisted Pair - PoE Ports - 1U High - Rack-mountable, Table Top - Lifetime Limited Warranty
2,131.00$ 2,131.00$
70,134.00$
Cable & Connectors 1,478.00$
Installation Hardware & Accessories 739.00$
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.) 370.00$ Miscellaneous Materials Sub-Total 2,587.00$
4,343.00$
6,858.00$
2,915.00$
858.00$
20,643.00$
4,858.00$
-$
Sub-Contract -$
1,040.00$
41,515.00$
Miscellaneous Materials
Integration Labor
Integration Labor Sub-Total
G & A
Travel
Closing, & Commissioning
Installation & Testing
City of Buena Park: PD
Training Room/EOC
Typical of 1 - Proposal Includes 1
Training Room
Staging & Assembly
Project Management
Control Programming
Engineering & Drafting
Training Room Equipment Sub-Total:
Representative Hailey Schellin
Mobile 949.584.7028
Office 714.637.7557
Email [email protected]
Revision 3/13/2024
Item Quantity Manufacturer Model Description Unit Price Ext Price City of Buena Park: PD
Training Room/EOC
Typical of 1 - Proposal Includes 1
Training Room
Years Price
Extended Service Plan 0 -$
-$
Total Equipment 72,721.00$
Total Labor 41,515.00$
Equipment and Labor Subtotal 114,236.00$
Total Shipping 2,019.00$
Additional Shipping for Overnight or Large Items -$
Subtotal 116,255.00$
Sales Tax 7.75% 5,792.35$
Electronic Waste Fee 4" - 14" ($4.00) QTY: 1 4.00$
Electronic Waste Fee 15" - 34" ($5.00) QTY: 0 -$
Electronic Waste Fee 35" and Greater ($6.00) QTY: 7 42.00$ Electronic Waste Fee Total 46.00$
Total Service Agreement -$
Bond (if required) -$
122,093.35$
Extended Warranty & Maintenance Agreement
Service Sub-Total
Training Room Totals
Client
Project Name
Project Contact
Representative Contact
Mobile Address
Office City, State, Zip
Email Phone
Date Mobile
Email
Room Room Qty Equipment Shipping Sales Tax eWaste Labor Maintenance (90 Days) Bond Cost Per Room TOTAL
Training Room 1 72,721.00$ 2,019.00$ 5,792.35$ 46.00$ 41,515.00$ -$ -$ 122,093.35$ 122,093.35$ 122,093.35$
EXTENDED WARRANTY & MAINTENANCE RENEWAL SCHEDULE
$7,799.00
Year 1 Year 2 Year 3 Year 4 Year 5
Rate $3,899.50 $7,799.00 $7,799.00 $7,799.00 $7,799.00
Discount 50% 0% 0% 0% 0%
$122,093.35
NOTES:
This proposal includes the use of prevailing wage rates.
Billing Terms:
Date
Billing Inquiries:
949.584.7028
Western Audio Visual | 1592 North Batavia Street, Suite 2, Orange, CA 92867 | P 714 637 7272 This quote is valid for 30 days. The sales tax is subject to change—in the event of a an increase, the client agrees to pay the current sales tax rate. This proposal is not to be copied, reproduced or forward to any third party as its contents are the property of Western Audio Visual.
100% Equipment Upon Order, Progress Billing for Labor
Client Authorized Signature Printed Name & Title
Buena Park, CA 90622
6640 Beach Blvd,
STANDARD RENEWAL RATE
Hailey Schellin
City of Buena Park: PD
Training Room/EOC
PROJECT TOTAL:
Base Project Total
(714) 562-3931
[email protected]
Audio Visual Investment Summary
3/13/2024
[email protected]
Simon Mikiewicz
714.637.7557
L
EXHIBIT A
AFFIDAVIT OF NON-COLLUSION and NON-DISCRIMINATION
I hereby swear (or affirm) under the penalty of perjury:
1. That I am the responder (if the responder is an individual), a partner in the company (if the responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the responder is a corporation);
2. That the attached response has been arrived at by the responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with any other Proposer designed to limit fair or open competition;
3. That the contents of the Request for Qualifications and Experience response have not been communicated by the responder or its employees or agents to any person not an employee or agent of the responder and will not be communicated to any such persons prior to the official opening of the responses;
4. The Respondent agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, or ancestry. The Respondent shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, national origin, sex, or ancestry.
5. In the event of the Respondent's non-compliance with this non-discrimination clause, the Proposer may be canceled or terminated. The Respondent may be declared ineligible for further contracts with the City of Buena Park until satisfactory proof of intent to comply shall be made by the Respondent.
6. The Respondent agrees to include this non-discrimination clause in any sub-contracts connected with the performance of this agreement.
I have read the above stated clauses and bide by its requirements.
Printed Na me/Title:, ______ H_a_i_le_y_S_ch_e_l_li n_,_A_c_co_u_n_t_E_x_ec_u_t_iv_e ________ _ Company Name:. _______ L_eg=-a_l_N_a_m_e_: _W_e_s_te_r_n_A __ /V ___________ _ Doing Business As: _______ W_es_t_e_rn_A __ / __ V_&_S_e_cu_r_it..._y ___________ _ Subscribed and sworn to me this '(!/V\ day of te \ov \J !JI__ V'-\ 1 io 1-y NotaryPublic:Re1~\ Su~\\\'{\ J No~ Q~\-,c
Request for Qualifications EOC AV Upgrades
Rachel Elizabeth Schellln COMMt 2455381 NOTARY PUBLIC-CALIFORNIA~ Orange County MY COMM. EXPIRES 712712027 Page 114
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 \)'ffiY)~e
On ft\onte>-\QA \3, ~1}1 before me, ~(ltkJ ~l\\1/\ ,.l'Joio-0 Q\Jb\i( (insert name and title of the officer)~ personally appeared __ __,___i,.:.l,,,.l' _\-=---+-~---~~\...:...· l...:'(\---=-------------- who proved to me on the basis of sati ctory 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 PENAL TY 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~ ~)
·Rachel Efizeb9tli Scheriln COMMt 2455~ 1 • .• ' • - -
< NOTARY PUBLIC-CALIFORNIA ! Orange County
11Y COMlf.EXPIRES 7 /2712027
(Seal)
--
City of Buena Park
City Council Regular Meeting Agenda Report
ADOPT AN ORDINANCE APPROVING TEXT AMENDMENT TO TITLE 19 ZONING OF THE BUENA PARK MUNICIPAL
CODE TO CHANGE THE FENCE SETBACKS IN COMMERCIAL AND INDUSTRIAL ZONES Meeting
Tuesday, April 9, 2024, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6A
Presented By
Swati Meshram, Planning Manager
Prepared By
Swati Meshram, Planning Manager
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt an Ordinance approving Text Amendment No. C-24-3 and find that the proposed Zoning Code Text Amendment is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) and Section 15303(e) based on the facts and findings provided herein.
DISCUSSION
Recently, staff has received multiple inquiries from property owners and businesses proposing to install a six (6) foot high fence within the parking setback area to better secure parking areas overnight or during other periods of inactivity.
However, the existing setback requirements only allow a 2-foot-high solid fence or 3.5-feet high for a non-view-obscuring fence within the required parking setback. Fences higher than that along a street are permitted at the building setback line.
This results in loss of existing parking spaces, if a new fence was to be proposed.
To retain parking, allow for a security fence along a street-facing property line, and continue to maintain a visually appealing character of the properties, staff is proposing a Zoning Code Text Amendment to allow non-view obscuring decorative fences as high as six feet to be located at the parking setback distance for street abutting front, side, and rear yards in commercial and industrial zones. If requested by an applicant, this modified code language will allow for decorative and non-view obscuring fences to be installed behind the required landscape berm within all street-facing setback areas of commercial and industrial zones. The proposed amendment does not change other requirements about fence locations, including vision clearance areas, landscaped buffers along streets, driveway length, driveway curvatures, internal circulation patterns, and parking spaces required. The proposed amendment will also not affect the existing allowance of fences as tall as 15-feet to be located at the building setback distance.
The review process to approve a 6-foot-high non-view-obscuring fence will require zoning compliance review by the Planning Division and may require a building permit from the Building Division depending on the factors specific to each site.
ENVIRONMENTAL REVIEW
Attachments
City Council Ordinance C-24-3.pdf
Planning Commission Resolution C-24-3.pdf
The Zoning Text Amendment is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), which provides that a project is exempt as CEQA only applies to projects which have the potential for causing a significant effect on the environment and does not apply where it can be seen with certainty that there is no possibility of a significant effect. The proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303(e). Section 15303 (New Construction or Conversion of Small Structures) specifically lists the construction of appurtenant accessory structures and fences as examples of activity that expressly falls within this exemption. The proposed amendment regulates the development standards for fence heights within commercial and industrial zones, which are, by definition, structures that are accessory to a primary structure on the lot and which are limited in size.
PUBLIC HEARING NOTICE
Notice of the public hearing was published in the Buena Park Independent on March 29, 2024; and posted at City Hall, the Buena Park Library, and Ehlers Event Center on March 28, 2024. As of the date of printing this report, the City has not received any inquiries or letters regarding the proposed action.
BUDGET IMPACT
There is no budget impact associated with this item.
ORDINANCE NO. ______
TEXT AMENDMENT NO. C-24-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, AMENDING SECTION 19.528.020
(FENCE HEIGHTS) OF TITLE 19 (ZONING) OF TH E BUENA
PARK MUNICIPAL CODE IN COMMERCIAL AND INDUSTRIAL
ZONES CITY WIDE
A. RECITALS.
(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents’ subject only to enactments by the California Legislature on matters of “statewide concern.”
(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (BPMC) and Buena Park Zoning Code (Title 19 of the BPM C, hereinafter “BP MC”) to, among other things, regulate the location and nature of land uses in the City.
(iii) On March 13, 2024, the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve Zoning Text Amendment No. C -24-3 and recommended that the City Council a pprove the Text Amendment by a 4 - 1 vote.
(iv) On April 9, 202 4, the City Council conducted a duly noticed public hearing to consider Zoning Text Amendment No. C-24-3.
(v) This Ordinance is a text change to the B PMC and has been processed and considered in accordance with the provisions of Section 19.124.010 (Text Change) of the Buena Park Municipal Code, as well as applicable provisions of California law, and all other legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals, Part A, of this Ordinance are true and correct, and incorporated into this Ordinance as substantive findings.
SECTION 2. Section 19. 528.020 of the Buena Park Municipal Code, entitled “ Fence Height,” is hereby amended to read as follows (new text reflected in underline and deleted text in strikethrough):
19.528.020 Fence Height.
A. A maximum 2-foot high solid fence may be permitted anywhere on a lot.
ORDINANCE NO. _______
B. A maximum 3.5 foot high not view-obscuring fence, such as wrought iron, may be permitted anywhere on a lot.as follows:
1. A maximum of a 3.5-foot high fence may be permitted anywhere on a lot.
2. A maximum of a 6-foot high decorative fence may be permitted along any street frontage at a distance equal to or greater than the required parking setback for the zone (See subsection (b) of Section 19.520.020 .B.1.). This provision shall not supersede the requirements of Section 19.536 of this Division.
SECTION 3. The proposed zone text amendments are exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), which provides that a project is exempt as CEQA only applies to projects which have the potential for causing a significant effect on the environment and does not apply where it can be seen with certainty that there is no possibility of a significant effect. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303 (e). Section 15303 specifically lists the construction of appurtenant accessory structures and fences as ex amples of activity that expressly falls within this exemption. The proposed zoning text amendment regulates the development standards for fence heights within commercial and industrial zones , which are, by definition, structures that are accessory to a primary structure on the lot and which are limited in size.
SECTION 4. The City Council declares that, should any provision, section , paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of comp etent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.
SECTION 5. This Ordinance shall take effect 30 calendar days after the final passage by the City Council.
SECTION 6. The City Clerk shall certify to the passage of the Ordinance and shall c ause the same to be posted in the manner required by law.
ORDINANCE NO. _______
PASSED AND ADOPTED this 10th day of April 2024, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the ____ day of _________________ 2024.
RESOLUTION NO. 6330
TEXT AMENDMENT NO. C-24-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BUENA PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE
ZONING TEXT AMENDMENT NO. C-24-3 AMENDING SECTION
19.528.020 (FENCE HEIGHT) OF TITLE 19 (ZONING) OF THE BUENA
PARK MUNICIPAL CODE IN SPECIFIED COMMERCIAL, AND
INDUSTRIAL ZONES CITYWIDE
A. Recitals.
(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents’ subject only to enactments by t he California Legislature on matters of “statewide concern.”
(ii) Consistent with such authority, the City enacted the Buena Park Municipal Code (BPMC) and Buena Park Zoning Code (Title 19 of the BPM C, hereinafter “BPZC”) to, among other things, regulate the location and nature of land uses in the City.
(iii) On February 28, 2024, the Planning Commission of the City of Buena Park, continued the hearing of the said public hearing to a date certain of March 13, 2024 to allow more time for preparation of the text amendment.
(iv) On March 13, 2024, the Planning Commission of the City of Buena Park, held a duly noticed public hearing to consider a recommendation to the City Council to approve Zoning Text Amendment No. C-24-3. Said public hearing was concluded prior to the adoption of this Resolution.
B. Resolution.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BUENA PARK does hereby finds, determines, and resolves as follows:
1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon subst antial evidence presented to the Planning Commission during the above-referenced hearing, including written staff reports , verbal testimony, draft resolution , and draft Ordinance , the Planning Commission hereby specifically finds as follows:
a. Finding: Explanation of the relationship to the General Plan and any applicable Specific Plans. (See California Government Code Section 65855).
Resolution No. 6330
Text Amendment No. C-24-3
March 13, 2024
Fact: The proposed text amendment conforms to the City of Buena Park General Plan and furthers the intent of Land Use & Community Design Element, specifically relating to Goal LU-25, Policy 25.1 which incorporates public safety considerations into community desi gn. Quality fencing often contributes to secured and safe properties.
b. Finding: Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of City residents and the fiscal and environmental resources available. (See California Government Code Section 65863.6).
Fact: The proposed text amendment is limited to the development standards for fences in commercial and industrial zones, which ha ve no negative impact on housing needs.
3. The Planning Commission hereby recommends that the City Council of the City of Buena Park find and determine that the proposed Zoning Text Amendment in this Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), which provides that a project is exempt as CEQA only applies to projects which have the potential for causing a significant effect on the environment and does not apply where it can be seen with certainty that there is no possibility of a significant effect. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303 (e). Section 15303 specifically lists the construction of appurtenant accessory structures and fences as examples of activity that expressly falls within this exemption. The proposed zoning text amendment regulates the development standards for fence heights within commercial and industrial zones , which are, by definition, structures that a re accessory to a primary structure on the lot and which are limited in size.
4. The Planning Commission hereby recommends that the City Council of the City of Buena Park adopt the attached draft Ordinance approving Zoning Text Amendment No. C-24-3.
5. The Secretary of this Commission shall:
a. Certify to the adoption of this Resolution.
b. Transmit a copy of this Resolution to the City Council of the City of Buena Park together with the record prepared with respect to these proceedings including the attached ordinance approving proposed Zoning Text Amendment No.
C-24-3. This Resolution shall go into effect immediately upon its adoption.
Resolution No. 6330
Text Amendment No. C-24-3
March 13, 2024
PASSED AND ADOPTED this 13th day of March 2024 by the following called vote:
AYES: 4 COMMISSIONERS: Diep, Davis, Choi, and Judeh
NOES: 1 COMMISSIONER: Patiño
ABSENT: 0 COMMISSIONER:
ABSTAINED: 0 COMMISSIONER:
_______________________
Mirvette Judeh
Chair
ATTESTED:
_____________________________________
Swati Meshram, PhD, AICP, LEED AP
Planning Manager
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING THE SECURITY UPGRADES FOR THE WHITAKER-JAYNES ESTATE & BACON HOUSE
Meeting
Tuesday, April 9, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9A
Presented By
Deepthi Arabolu, PE, TE, Assistant City Engineer
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
DISCUSSION
On February 27, 2024, Council Member Brown requested discussion regarding security in and around the City's historical homes. In the recent past, there have been some serious security incidents at the premises, including graffiti on the exterior of the building, damage to the water fountain, unauthorized access to the service hatch located beneath the Bacon House that lead to a fire, damage to the air conditioning unit, attempted glass breakage on both east and west sides of the building, and instances of transients sleeping in the garden area of the building, intermittently. Since January 2023, there have been a total of 13 instances that involved the Police Department, including increased patrol checks and calls involving unhoused individuals. One such incident involved medical aid where the City’s Homeless Outreach Team was involved.
Additionally, there were three calls for service regarding suspicious activity, two of which involved burglaries.
In response to the security concerns, staff conducted a thorough field investigation to identify the building’s vulnerabilities and taken action against the threat of unauthorized users. One primary concern identified by the staff is the lack of complete enclosure of the property. Staff, in collaboration with the Police Department, recommends the following physical changes (shown in Exhibit A) to the property that may help enhance and heighten security. These recommendations were presented to the City Council at the study session on January 2023. During that meeting, staff received direction to install exterior lighting in the rear parking lot of the building, which has since been completed.
FENCE:
Replace portions of the existing rotted fence and missing portions of the fence along the perimeter of the buildings (Whitaker-Jaynes Estate and Bacon House) with a new six-foot-high wrought iron tubular fence. This also includes additions of fencing along perimeters that do not currently have fencing.
GATES:
Install four new six-foot-high double swing gates (one on each side of the property).
Install one six-foot-high single swing gate on the south side of the property.
SECURITY CAMERAS, STROBE LIGHTS AND SIRENS :
Install CCTV cameras in conjunction with sirens and strobes around the building. This system will help to detect and notify Police Department of potential criminal activity after hours. Due to the property’s varied angles and crevices, it will be necessary to install multiple cameras and strobes/sirens to ensure comprehensive coverage of the premises. For optimal protection, the estimated number of security cameras and strobes/sirens recommended by staff would be five (5) cameras and three (3) strobes/sirens.
Attachments
BPPD Whitaker Jayne Security South Structure Proposal.pdf BPPD Whitaker Jayne Security South Map.pdf
Modified Exhibit.pdf
ALARM SYSTEM:
Install a new alarm system to include fire and burglary monitoring.
The Security Upgrades for the Whitaker-Jaynes Estate & Bacon House Project are not included in the annual budget.
Immediate implementation of any of the improvements outlined would require a budget allocation for design and implementation. The estimated costs associated with the upgrades are shown below:
Fence$85,000
Gates$30,000
CCTV$30,000
Alarm$10,000
ESTIMATED TOTAL COST $155,000
Buena Park Whitaker Jayne Security South Structure
Specialized Installations
Dave Flanagan
+19496974467
Prepared for
Captain Nghia Nguyen
Operations Division
Buena Park Police Department
6640 Beach Blvd.
Buena Park, CA 90621
714-562-3917
System of outdoor IR Cameras, Speakers and Strobe Siren to alert after hours by motion or scheduled, remote connection to existing BPPD server and monitored at WC or Dispatch.
Products
Part number Quote price Quantity Total
Cameras
02732-001 950.00 2 1,900.00
02415-001 950.00 3 2,850.00
Audio/visual alerters
01942-001 425.00 3 1,275.00
Software
0879-010 85.00 8 680.00
Recording
5801-694 750.00 1 750.00
250.00 8 2,000.00
4,500.00 1 4,500.00
Miscellaneous
2,050.00 1 2,050.00
1,100.00 1 1,100.00
Accessories
5801-951 15.00 5 75.00
AXIS P3267-LVE Mic
AXIS P4705-PLVE
AXIS D4100-E Network Strobe Siren
AXIS Camera Station 5 Core Device License -
eLicense
AXIS T8516 PoE+ Network Switch
CAT5e, control and power cabling, conduit,
connectors and misc other installation supplies.
Siklu Wireless Network Radios
10% Contingency
Estimated 7.75% Sales Tax
AXIS Surveillance Card 64 GB
Part number Quote price Quantity Total
Products total amount (USD) 17,180.00
Services
Part number Quote price Quantity Total
Installation service
3,500.00 1 3,500.00
850.00 8 6,800.00
2,500.00 1 2,500.00
Services total amount (USD) 12,800.00
Recordings to be on Station or Parks server.
Labor rates inclusive of prevailing wage rates
Products and services total cost:$29,980.00
Sales quote valid until 6/30/2024 Prices shown in USD and excluding taxes Installation - Point to Point Radio system between
buildings
Installation/Configuration/ of devices - Outdoor
Cameras/Speaker
Installation/Configuration/Training/Support - Server
Room
Audio/visual Strobe Siren 1
Camera 2
Audio/visual Strobe Siren 2
Camera 1
Audio/visual Strobe Siren 3
Camera 3
Camera 5
Camera 4
10 m10 m
30ft30ft
Imagery
©2024
Aib
Report a map erro
BEACH BOULEVARD
REMOVE STONE
COLUMNS
6 FEET HIGH FENCE WITH 4” SPACING
6 FEET HIGH FENCE WITH 4” SPACING
NEW DOUBLE
SWING GATE
NEW DOUBLE SWING GATE
NEW
DOUBLE
SWING
GATE
NEW DOUBLE SWING GATE
PROTECT IN PLACE (80 LF INSTALLED IN 2017)
NEW SINGLE
SWING GATE
WHITAKER JAYNE ESTATE AND BACON HOUSE
SECURITY UPGRADES
MODIFIED BY: DA DATE: 04/09/2024DEPARTMENT OF PUBLIC WORKS, CITY OF BUENA PARK
NEW FENCE TO BE INSTALLED
EXISTING FENCE PROTECT IN PLACE
LEGEND:
5# CCTV CAMERAS, 3 STROBES/SIRENS
NEW ALARM SYSTEM
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING NORTH SERVICE PLANNING AREA (NSPA) FUNDING OPTIONS Meeting
Tuesday, April 9, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9B
Presented By
Aaron France, City Manager
Prepared By
Aaron France, City Manager
Approved By
Aaron France, City Manager
DISCUSSION
On February 13, 2024, Vice Mayor Ahn requested a discussion regarding funding options for the North Service Planning Area (NSPA). The County of Orange has been divided into three Service Planning Areas, or SPAs - north, central, and south. The Orange County Health Care Agency officially split the County into these SPAs to group cities into geographic regions for homeless services. The North SPA includes the following cities: Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Orange, Placentia, Stanton, Villa Park, and Yorba Linda.
In 2020, the NSPA opened two navigation centers for the unhoused - Placentia and Buena Park. The NSPA agreement was approved and signed by all the cities (except Anaheim as they operate their own shelters separate from the NSPA), details the legal arrangement between the cities, and binds the group to operate the navigation centers, collectively. Placentia currently hosts 100 beds and Buena Park hosts 149 beds at their respective facilities. The original NSPA agreement also included a funding formula for the two navigation centers. The formula was based on a variety of factors and each city in the NSPA is allocated a cost annually to fund maintenance and operations of the two navigation centers.
Buena Park funds its portion of the maintenance and operation of the navigation centers from Permanent Local Housing Allocation (PLHA)/Senate Bill 2 (SB 2) funding. PLHA/SB 2 funding is derived from real estate transactions with city allocations varying from year to year. These allocations vary each year because they are dependent on the volume of annual real estate transactions and associated fee that funds PLHA/SB 2. Eligible uses of PLHA/SB 2 funding are the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies. Essentially, PLHA/SB 2 funding was created to assist cities with affordable housing development; however, use of the funding for navigation centers is a completely acceptable use. Below is a breakdown of total PLHA/SB 2 funding the City is anticipated to receive for the following fiscal years:
FY 19-20 (Year 1): $369,242*
FY 20-21 (Year 2): $573,917
FY 21-22 (Year 3): $631,578
FY 22-23 (Year 4): $316,548
*City has received funding.
Due to the funding formula within the NSPA agreement, Buena Park will not utilize all its PLHA/SB 2 annual allocation for maintenance and operations of the two shelters. In fact, only a percentage of the annual allocation will be committed to NSPA operations, with the remaining portion uncommitted. Below is a breakdown of Buena Park's portion of maintenance and operational costs for the two shelters:
FY 19-20 (Year 1): $369,242 (100% of Year 1 allocation) FY 20-21 (Year 2): $286,961 (50% of Year 2 allocation)
FY 21-22 (Year 3): $307,395 (49% of Year 3 allocation)
FY 22-23 (Year 4): $228,907 (72% of Year 4 allocation)
Thus far, Buena Park has only received PLHA/SB 2 funding for Year 1. However, now that the City has an officially certified Housing Element for the current cycle, staff expects funding for Year 2 and Year 3 to be released by the Department of Housing and Community Development (HCD) at any time. Staff has not yet engaged the Council in a comprehensive discussion about uncommitted PLHA/SB 2 funding, partly due to the fact that the City is still awaiting disbursement from HCD of funding for Year 2 and Year 3. Staff anticipates a balance of approximately $700,000 in uncommitted PLHA/SB 2 funding once we receive monies from Year 2, Year 3, and Year 4. Unfortunately, HCD has not been very expedient in releasing these funds once a city’s Housing Element is deemed certified.
Should the Council wish to review these numbers and further discuss which fund maintenance and operational costs are being paid, staff will be ready to offer potential options for consideration.
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING THE CITY COUNCIL MEETING CALENDAR Meeting
Tuesday, April 9, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9C
Presented By
Adria Jimenez, MMC, Director of Government and Community Relations/City Clerk
Prepared By
Adria Jimenez, City Clerk
Approved By
Aaron France, City Manager
DISCUSSION
The City Council holds two meetings per month on the second and fourth Tuesday. In April, the City Council is scheduled to hold a meeting on April 23rd. Staff has been advised that Council Member Castaneda will not be attending the meeting as he will be out of state attending a training. In addition, Council Member Traut is awaiting the birth of his baby and depending on the circumstances may also not attend the meeting. There are scheduled presentations and a mandatory public hearing notice has been published and scheduled for the April 23rd meeting. Staff would like to confirm there will be a City Council quorum of at least 3 Council Members at this meeting.
Last year, the City Council designated the second meeting in August as a Legislative Recess. Staff was grateful for the legislative recess which allowed staff the time to focus on projects. One example of this is the City Clerk's Office used this time to implement the City's new agenda management system and provide staff training. In addition, staff was able to hold an all Commissioner/Committee Member onboarding and training. Staff is requesting direction from the City Council on whether the City Council would like to take another Legislative Recess in August.