Agenda packet, regular meeting — Buena Park City Council, June 11, 2024 (part 2 of 2)

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of Buena Park, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funde d in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Title: 2024-2025 Annual Pavement Rehabilitation Project Project Description: This Project will include the removal and replacement of damage d and outdated asphalt pavement, curb and gutter, sidewalk, wheel chair ramp truncated domes, and driveway approaches to comply with the Americans with Disabilities Act (ADA) standards.

Project Location: Residential streets west of Knott Avenue and north of La Cienaga Drive, and San Dimas Circle north of San Diego Drive and south of La Palma Avenue.

Estimated Project Schedule: October 2024 – June 2025
Estimated Project Useful Life: 10-15 years

Project Title: 2024-2025 Annual Slurry Seal Project
Project Description: This project will include the application of slurry seal of exi sting residential streets, replacing traffic striping and repaving cul-de-sacs.

Project Location: various residential streets between City’s west City Limit and Knott Avenue north of Orangethorpe Avenue, and east of Valley View St reet and south of Orangethorpe Avenue.

Estimated Project Schedule: January 2025 – June 2025
Estimated Project Useful Life: 7-10 years

Project Title: Valley View Street Pavement Rehab from Orangethorpe to Lincoln Project Project Description: This project will include rehabilitation/upgrades, replacement of deteriorated asphalt pavement, concrete curbs, gutters, access ramps, sidewalks and driveway approaches to comply with the Americans with Disabilities Act (ADA) standards.

Project Location: Valley View Street from Orangethorpe Avenue to Lincoln Avenue.

Estimated Project Schedule: January 2025 – June 2025
Estimated Project Useful Life: 10-15 years

Project Title: Valley View Street Pavement Rehab from Ball to Cerritos Project Project Description: This project will include rehabilitation/upgrades, replacement of deteriorated asphalt pavement, concrete curbs, gutters, access ramps, sidewalks and driveway approaches to comply with the Americans with Disabilities Act (ADA) standards.

Project Location: Valley View Street from Ball Road to Cerritos Avenue.

Estimated Project Schedule: January 2025 – June 2025
Estimated Project Useful Life: 10-15 years

RESOLUTION NO. ____________

Page 3 ends

PASSED AND ADOPTED by the City Council of Buena Park, State of California this 11th day of June 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_______________________________________
M a y o r

ATTEST:

_______________________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park , California, hereby certify that the foregoing Resolution was duly and regularly passed and adop ted at a regular meeting of the City Council of the City of Buena Park held this 11
th day of June 2024.

_______________________________________
C i t y C l e r k
City of Buena Park
City Council Regular Meeting Agenda Report

RESOLUTIONS PERTAINING TO THE BUENA PARK GENERAL MUNICIPAL ELECTION OF TWO COUNCIL MEMBER SEATS FOR DISTRICTS 3 AND 4, AND A SPECIAL MUNICIPAL ELECTION OF ONE COUNCIL MEMBER SEAT FOR DISTRICT 2 FOR TUESDAY, NOVEMBER 5, 2024
Meeting
Tuesday, June 11, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A
Presented By
Adria M. Jimenez, MMC, Director of Government and Community Relations/City Clerk
Prepared By
Adria Jimenez, City Clerk
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
That the City Council adopt the following titled resolutions: 1) A Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of one Council Member in District 3, and one Council Member in District 4, for a full term of four years each; 2) A Resolution calling for the holding of a Special Municipal Election to be held on Tuesday, November 5, 2024, for the election of one Council Member in District 2, for a short-term of oﬃce of two years, ending November 2026; 3) A Resolution requesting the Orange County Registrar of Voters consolidate the General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code; 4) A Resolution adopting regulations pertaining to candidates statements for both the General Municipal Election and the Special Election; 5) A Resolution determining a tie-vote shall be resolved by a runoff election for both the General Municipal Election and the Special Election; and, 6) Approve a budget amendment in the amount of $25,000 from the undesignated General Fund reserve balance to allocate funding for the Special Municipal Election.

PREVIOUS CITY COUNCIL ACTION
On May 30, 2024, the City Council held a special meeting to determine how to ﬁll the vacant City Council Oﬃce for District 2. The City Council directed the City Clerk/Director of Government and Community Relations to prepare the resolutions necessary to hold a special election.

DISCUSSION

This year the City will have a General Municipal Election consolidated with the Statewide General Election on Tuesday, November 5, 2024. There will be two City Council seats to ﬁll: one in District 3 and one in District 4 for a full-term of four years. The nomination ﬁling period is from July 15, 2024 through August 8, 2024. If an eligible incumbent does not ﬁle, a ﬁve-day extension will permit ﬁling until Tuesday, August 13. Public Notices will be published and posted at the City's designated posting locations (City Hall, Ehlers Event Center, and Buena Park Library).

On May 23, 2024, Jose Trinidad Castañeda, Council Member for District 2 of the Buena Park City Council, submitted a letter of resignation effective immediately to the City Clerk. The resignation created a vacancy in the District 2 Oﬃce and as a result, within 60 days, the City Council must ﬁll the vacancy by appointment or call a special election. On May 30, 2024, the City Council held a special meeting and received a report from the City Clerk/Director of Government and Community Relations on ﬁlling the vacant seat by appointment or special election. At that meeting, the City Council directed the City Clerk/Director of Government and Community Relations to prepare the necessary resolutions to hold a special election to ﬁll the seat by election to be consolidated with the November 5, 2024 General Municipal Election.

The additional resolutions for City Council's consideration establish guidelines for candidate statements, authorize a runoff election in the event of a tie-vote, and request the City Council consolidate with the County of Orange for election services. The CA Election Code states that a tie-vote shall be resolved by a runoff election and the City Council is authorized to adopt provisions for such. Additional costs in the amount of approximately $25,000 per district would need to be approved if a runoff election is held. Pursuant to Sections 10400 - 10418 of the CA Elections Code and provision of law in the California Government Code, these Resolutions must be adopted in order to proceed with the General Municipal Election. Therefore, it would be appropriate for the City Council to call for the election, request its consolidation with the Statewide General Election, establish regulations for candidates' statements, and authorize a runoff election in the event of a tie-vote.

BUDGET IMPACT
The Orange County Registrar of Voters' estimate of $48,800 was recommended in the FY 2023-2025 budget to cover the cost of consolidating the General Municipal Election for Districts 3 and 4. Staff recommends that the City Council appropriate funds in the additional amount of $25,000 from the undesignated General Fund reserve balance for costs associated with holding a Special Municipal Election to ﬁll the vacancy in District 2.

Attachments
Resolution-Calling Election.pdf
Resolution-Candidate Statement Guidelines.pdf
Resolution-Consolidation w-OC ROV.pdf
Resolution-Deciding Tie Vote.pdf
Resolution - Calling for Special Election to Fill Vacancy D2.pdf RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK, CALIFORNIA, CALLING FOR THE HOLDING OF

A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER, 5, 2024 FOR THE ELECTION OF TWO

COUNCIL MEMBER SEATS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA

RELATING TO CHARTER CITIES

WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of two Council Members; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: That pursuant to the requirements of the laws of the State of California relating to Charter Cities, there is called and ordered to be held in the City of Buena Park, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing two Council Members of the City Council for the full term of four years. One member shall be elected from and by the voters of District 3; and, one member shall be elected from and by the voters of District 4; and,

Section 2: That the ballots to be used at the election shall be in for m and content as required by law; and,

Section 3: That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election; and,

Section 4: That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed , pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California; and,

Section 5: That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections; and,

Section 6: That notice of the tim e and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law; and,

Section 7: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

RESOLUTION NO.

Page 2 ends

Section 8: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentatio n of a properly submitted bill.

Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 10: This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 11th day of June 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 of the City of Buena Park, California, 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 11th day of June 2024.

______________________________________
City Clerk

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024

WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Buena Park on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age , and occupation of the candidate and a bri ef description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membe rship or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’ s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2: Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, candidates ’ statements will be translated into all languages required by the County of Orange. The County is required to translate candidate’s statements into the following languages: Spanish, Tagalog, Vietnamese, and Korean.

B. The County will mail separate voter information guides and candidates statements in Spanish, Tagalog, Vietnamese, and Korean to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The C ounty will make the voter information guides and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

RESOLUTION NO.

Page 2 ends

Section 3. PAYMENT.

A. Translations.

1. The candidate shall be required to pay for the cost of translating the candidate ’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.

B. Printing.

1. The candidate shall be required to pay for the cost of printing the candidate ’s statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidate ’s statement in a foreign language required in Section 2 above , in the main voter pamphlet.

The Cit y Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require ea ch candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depen ding on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay th e balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 4. MISCELLANEOUS.

A. All translations shall be provided by professionally-certified translators.

B. The City Clerk shall allow bold type , underlining, capitalization, indentations, leading hyphens, to the same extent and manner as allowed in previous City elections.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

RESOLUTION NO.

Page 3 ends

Section 5. Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.

Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 7. That all previous resolutions establishing council policy on payment for candidates’ statements are repealed.

Section 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 9: This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 11th day of June 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________________
Mayor

ATTEST:

_______________________________
City Clerk

______________________________________
City Clerk

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK , CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF ORANGE TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024 , WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT
TO §10403 OF THE ELECTIONS CODE

WHEREAS, the City Council of the City of Buena Park called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of t hree Members of the City Council; and,

WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers o f the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of two Members of the City Council; and,

Section 2: That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and con ducted in accordance with the provisions of law regulating the statewide or special election.

Section 3: That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

Section 4: That the City of Buena Park recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

Section 5: That the City Cler k is hereby directed to file a certified copy of this resolution with the County of Orange Board of Supervisors and the County of Orange Registrar of Voters.

RESOLUTION NO.

Page 2 ends

Section 6 : That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 11th day of June 2024 by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________________
Mayor

ATTEST:

_______________________________
City Clerk

______________________________________
City Clerk

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK , CALIFORNIA, PROVIDING FOR THE

CONDUCT OF A SPECIAL RUNOFF ELECTION FOR

ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE
ELECTION TO BE HELD NOVEMBER 5, 2024

WHEREAS, § 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to § 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the city, there shall be held within the city a Special Runoff Election to resolve the tie vote. A Special Runoff Electi on shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

Section 2. That this resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.

Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 4: This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 11th day of June 2024 by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________________
Mayor

RESOLUTION NO.

Page 2 ends

ATTEST:

_______________________________
City Clerk

______________________________________
City Clerk

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK, CALIFORNIA, CALLING FOR THE HOLDING OF

A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER
5, 2024, FOR THE ELECTION OF ONE COUNCIL MEMBER SEAT
FOR DISTRICT 2 TO FILL A VACANCY AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA

RELATING TO CHARTER CITIES

WHEREAS, a vacancy in the office of Council Member District 2 was created by the resignation of Jose Trinidad Castañeda on May 23, 2024; and

WHEREAS, the term of office in which the vacancy occurs ends November 2026.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of Buena Park, California, on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of the election of a Council Member Seat for District 2 for the short-term of office of 2 years, in which the vacancy was created by the resignation of Jose Trinidad Castañeda, which ends November, 2026.

Section 2. That the county election department is authorized to canvass the returns of the Special Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

Section 3. That the ballots to be used at the election shall be in form and content as required by law.

Section 4. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election; and,

Section 5. That the polls (vote centers) shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in except as provided in §14212, §14401 of the Elections Code of the State of California.

Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Resolution No.

Page 2 ends

Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

Section 9. That the City Clerk is hereby directed to file a certified copy of this resolution with the County of Orange Board of Supervisors and the County of Orange Registrar of Voters.

Section 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 11. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 11th day of June 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 of the City of Buena Park, California, 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 11th day of June 2024.

______________________________________
City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report

RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF CONTRACT WITH AGUILAR &

CALDERON CORPORATION FOR THE FRIENDSHIP PARK (FORMERLY SMITH-MURPHY PARK) AND CARL

BRENNER PARK ACCESSIBILITY IMPROVEMENT PROJECT
Meeting
Tuesday, June 11, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B
Presented By
Aaron Esparza-Almaraz, 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 plans and speciﬁcations for the Friendship Park (formerly Smith Murphy) and Carl Brenner Park Accessibility Improvements Project; 2) Award a contract to Aguilar & Calderon Corporation in the amount of $778,611.66 for the Project; 3) Authorize contingency funds in the amount of $119,039.05 in the same purchase order; 4) Authorize construction engineering in the amount of $20,000; 5) Authorize a purchase order for The Solis Group in the amount of $4,035 for the Community Workforce Agreement (CWA) administration; 6) Approve a budget transfer in the amount of $165,000 from the undesignated General Fund balance; 7) Authorize the City Manager and the City Clerk to execute the contract; and, 8) Reject the bid protest submitted by RMS Construction.

PREVIOUS CITY COUNCIL ACTION
On March 14, 2023, the City Council authorized the Economic Development Division to incorporate the FY 2023- 2024 Community Development Grant (CDBG) activities and budget into the City’s Annual Action Plan. Several city departments included their projects in the CDBG activities. The Public Works Department Capital Improvement Program (CIP) included accessibility improvements to Friendship (formerly Smith Murphy) and Carl Brenner Parks which was one of the projects included in the CDBG activities. This project was allocated an amount of $609,440 through the CDBG funding.

DISCUSSION

The Friendship Park (formerly Smith Murphy) and Carl Brenner Park Accessibility Improvements Project includes several accessibility improvements to the exterior and interior of the park’s infrastructure, bringing them into compliance with the Americans with Disabilities Act (ADA). The improvements include ADA upgrades to paths of travel, restrooms, parking lots, picnic tables, playground area, drinking fountains, etc. This CIP project aims at improving park accessibility for all groups of users and will help with the City’s goal of fulﬁlling public facility improvements as a part of its Consolidated Plan. This project is a part of the City’s CIP for the year 2022-2023.

Since the funding allocated for this project is through CDBG, all the federal crosscutting requirements that include National Environmental Policy Act (Environmental reviews), Davis-Bacon Act (Federal Prevailing Wage), Build America Buy America Act (BABA) and other procurement requirements like Minority Business Enterprises/Women Business Enterprises (MBE/WBE) must be satisﬁed.

On May 13, 2024, this project was advertised for bids. On May 29, 2024, three (3) bids were received and publicly opened by City staff. Total bid amounts ranged from $778,611.66 to $781,736.00. The engineer’s estimate is $780,000. Aguilar & Calderon Corporation is the lowest responsive/responsible bidder at $778,611.66. This contractor possesses the required license and has completed similar work for the cities of Whittier and Fullerton, and Orange County Public Works. Staff recommends awarding a contract to Aguilar & Calderon Corporation of Whittier, California, in the amount of $778,611.66, approving contingency funds in the amount of $119,039.05, and approving construction engineering funds in the amount of $20,000 Construction is scheduled to begin in June 2024 and be completed by September 2024. The Community Services Department is aware of the schedule and has made alternate arrangements in an effort to minimize any inconvenience to residents and park users.

BUDGET IMPACT
The project budget includes the following:

Construction Contract: $778,611.66
Construction contingency:$119,039.05
Construction Engineering: $20,000.00
Community Workforce
Agreement: $4,035.00
Total Project Cost: $921,685.71
This project is listed on the FY 2023-24 Capital Improvement Project Budget and will be funded by the Various Park Projects for ADA Compliance Project account (32-9806-290157) and CDBG funds. However, a budget transfer in the amount of $165,000 is needed from the undesignated General Fund balance to fund the project.

Attachments
01_Reso_SM&CB.pdf
02_LocationMap_SM&CB.pdf
03_BID Results.pdf
04_Bid Summary.pdf
05_Contract.pdf
06RMSP t tBiddf
06_RMS Protest Bid.pdf
07_Bid Protest Response RMS.pdf

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING

PLANS AND SPECIFICATIONS FOR FRIENDSHIP PARK (FORMERLY SMITH -MURPHY

PARK) AND CARL BRENNER PARK ACCESSIBILITY IMPROVEMENT 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 prepared 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:

FRIENDSHIP PARK (FORMERLY SMITH-MURPHY PARK) AND CARL BRENNER PARK

ACCESSIBILITY IMPROVEMENT PROJECT

PASSED AND ADOPTED this 11th day of June 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 10th day of October 2023.

_______________________________________
City Clerk

Company Name Bid Amount
1 TOWO ENTERPRISE INC 781,736.00 $
2 RMS Construction 779,849.00$
3 Aguilar & Calderon Corp. 778,611.66 $
4 5
6 7
8 9
10 City of Buena Park

BID RESULTS

SMITH MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY

IMPROVEMENT PROJECT
Project No. 267 & 266
Bid No. 2024-15
Bid Opening. 5/29/2024 - 2:00 P.M.

SMITH-MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY IMPROVEMENT PROJECT

BID SUMMARY
Bid Opening: MAY 29, 2024 - 2:00 P.M.

Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Description No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount 1 3,585 SF Remove existing concrete paving $6.57 $23,553.45 $8.00 $28,680.00 $7.00 $25,095.00 $7.19 $25,776.15 $9.07 $32,515.95 Remove existing concrete paving 2 45 LF Remove existing concrete curb $51.93 $2,336.85 $25.00 $1,125.00 $7.00 $315.00 $27.98 $1,258.95 $29.59 $1,331.55 Remove existing concrete curb 3 2,465 SF
Remove existing playground
surface/sand. Furnish and install

3.5” resilient synthetic per Totturf or
approved equal poured-in-place
over concrete/aggregate base
$42.32 $104,318.80 $35.00 $86,275.00 $32.00 $78,880.00 $36.44 $89,824.60 $40.33 $99,413.45 Remove existing playground
surface/sand. Furnish and install

3.5” resilient synthetic per Totturf or
approved equal poured-in-place
over concrete/aggregate base
4 1 EA
Remove existing drinking fountain.

Furnish and install new Most
Dependable 10145 SMSS Hi-Lo
drinking fountain with pet bowl or
approved equal per plan.

Connection to water line, drain and
all plumbing and construct
foundation as necessary to
complete the work to be included
$19,434.00 $19,434.00 $15,500.00 $15,500.00 $17,000.00 $17,000.00 $17,311.33 $17,311.33 $14,959.61 $14,959.61 Remove existing drinking fountain.

Furnish and install new Most
Dependable 10145 SMSS Hi-Lo
drinking fountain with pet bowl or
approved equal per plan.

Connection to water line, drain and
all plumbing and construct
foundation as necessary to
complete the work to be included
5 1 EA
Remove existing picnic table and
provide to City for reuse. Furnish
and install new ADA picnic table
per plan
$8,241.00 $8,241.00 $4,500.00 $4,500.00 $5,000.00 $5,000.00 $5,913.67 $5,913.67 $7,371.41 $7,371.41 Remove existing picnic table and
provide to City for reuse. Furnish
and install new ADA picnic table
per plan
6 2 EA
Demo existing parking stall area.

Install accessible parking stalls with
associated curb, curb ramp &
signage. Includes asphalt
modifications
$4,398.50 $8,797.00 $3,500.00 $7,000.00 $12,000.00 $24,000.00 $6,632.83 $13,265.67 $10,597.64 $21,195.27 Demo existing parking stall area.

Install accessible parking stalls with
associated curb, curb ramp &
signage. Includes asphalt
modifications
7 3,585 SF
Construct new concrete paving per
plan. Regrade turf as needed along
the new concrete, replace-in-kind
$17.75 $63,633.75 $17.00 $60,945.00 $15.00 $53,775.00 $16.58 $59,451.25 $20.11 $72,082.40 Construct new concrete paving per
plan. Regrade turf as needed along
the new concrete, replace-in-kind
8 2 EA
Construct new ADA compliant curb
ramp with blue truncated dome
cast-in-place per plan
$10,468.53 $20,937.06 $9,500.00 $19,000.00 $8,000.00 $16,000.00 $9,322.84 $18,645.69 $8,612.85 $17,225.70 Construct new ADA compliant curb
ramp with blue truncated dome
cast-in-place per plan
9 1 LS Accessible path painting and other
miscellaneous painting $4,329.60 $4,329.60 $4,600.00 $4,600.00 $12,000.00 $12,000.00 $6,976.53 $6,976.53 $5,766.05 $5,766.05 Accessible path painting and other miscellaneous painting
10 1 LS Demolition of existing bathrooms
per plans $9,040.50 $9,040.50 $8,800.00 $8,800.00 $10,000.00 $10,000.00 $9,280.17 $9,280.17 $11,404.13 $11,404.13 Demolition of existing bathrooms per plans
11 1 LS
Modify plumbing for new fixture
location. Reinstall existing
plumbing fixtures. Furnish and
install touchless flush sensors
$3,749.00 $3,749.00 $7,500.00 $7,500.00 $25,000.00 $25,000.00 $12,083.00 $12,083.00 $21,960.33 $21,960.33 Modify plumbing for new fixture
location. Reinstall existing
plumbing fixtures. Furnish and
install touchless flush sensors
12 1 LS
Floor & wall repair. Patch & repair
damaged concrete block. Modify
floor at drains
$5,596.50 $5,596.50 $7,500.00 $7,500.00 $13,000.00 $13,000.00 $8,698.83 $8,698.83 $13,580.29 $13,580.29 Floor & wall repair. Patch & repair
damaged concrete block. Modify
floor at drains
13 1 LS Repaint all interior walls after wall
repair $11,869.50 $11,869.50 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $11,956.50 $11,956.50 $10,457.50 $10,457.50 Repaint all interior walls after wall repair
14 1 LS
Furbish and install new toilets
urinals, and sinks. Include all
modifications to rough plumbing as
needed for the new fixtures to meet
ADA requirements per the plans.

Furbish and install partitions and
restroom accessories. Furbish and
install exterior screen wall
$71,967.40 $71,967.40 $70,000.00 $70,000.00 $80,000.00 $80,000.00 $73,989.13 $73,989.13 $45,000.00 $45,000.00 Furbish and install new toilets
urinals, and sinks. Include all
modifications to rough plumbing as
needed for the new fixtures to meet
ADA requirements per the plans.

Furbish and install partitions and
restroom accessories. Furbish and
install exterior screen wall
15 8,691 SF Remove Existing Concrete Paving $5.36 $46,583.76 $8.00 $69,528.00 $7.00 $60,837.00 $6.79 $58,982.92 $7.65 $66,486.15 Remove Existing Concrete Paving RMS Construction TOWO Enterprise, Inc. Bidders Average Engineer's Estimate Aguilar & Calderon Corporation
PAGE 1 OF 2

SMITH-MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY IMPROVEMENT PROJECT

BID SUMMARY
Bid Opening: MAY 29, 2024 - 2:00 P.M.

Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Description No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount RMS Construction TOWO Enterprise, Inc. Bidders Average Engineer's Estimate Aguilar & Calderon Corporation
16 52 LF Remove Existing Concrete Curb $56.77 $2,952.04 $25.00 $1,300.00 $7.00 $364.00 $29.59 $1,538.68 $17.60 $915.37 Remove Existing Concrete Curb 17 4,700 SF Remove existing turf/grass $2.44 $11,468.00 $3.00 $14,100.00 $7.00 $32,900.00 $4.15 $19,489.33 $5.98 $28,106.00 Remove existing turf/grass 18 40 LF Remove existing chain link fence $130.69 $5,227.60 $60.00 $2,400.00 $120.00 $4,800.00 $103.56 $4,142.53 $30.00 $1,200.00 Remove existing chain link fence 19 1 EA
Remove existing drinking fountain.

Furnish and install new Most
Dependable 10145 SMSS Hi-Lo
drinking fountain with pet bowl or
approved equal per plan.

Connection to water line, drain and
all plumbing and construct
foundation as necessary to
complete the work to be included
$21,340.50 $21,340.50 $18,500.00 $18,500.00 $17,000.00 $17,000.00 $18,946.83 $18,946.83 $15,033.39 $15,033.39 Remove existing drinking fountain.

Furnish and install new Most
Dependable 10145 SMSS Hi-Lo
drinking fountain with pet bowl or
approved equal per plan.

Connection to water line, drain and
all plumbing and construct
foundation as necessary to
complete the work to be included
20 2 EA
Remove existing picnic table,
provide to city for reuse. Furnish
and install new ADA picnic table
per plan.
$6,365.25 $12,730.50 $6,000.00 $12,000.00 $5,000.00 $10,000.00 $5,788.42 $11,576.83 $4,991.24 $9,982.49 Remove existing picnic table,
provide to city for reuse. Furnish
and install new ADA picnic table
per plan.
21 1 EA Furnish and reconstruct new BBQ
Counter $6,888.00 $6,888.00 $7,200.00 $7,200.00 $8,000.00 $8,000.00 $7,362.67 $7,362.67 $10,137.54 $10,137.54 Furnish and reconstruct new BBQ Counter
22 9,534 SF
Construct new concrete paving per
plan. Regrade turf as needed along
the new concrete, replace-in-kind
$13.87 $132,236.58 $18.00 $171,612.00 $15.00 $143,010.00 $15.62 $148,952.86 $16.14 $153,894.65 Construct new concrete paving per
plan. Regrade turf as needed along
the new concrete, replace-in-kind
23 52 LF Construct new concrete curb $329.26 $17,121.52 $45.00 $2,340.00 $130.00 $6,760.00 $168.09 $8,740.51 $112.78 $5,864.56 Construct new concrete curb 24 4 EA
Construct new ADA compliant curb
ramp with blue truncated dome
cast-in-place per plan
$6,383.70 $25,534.80 $7,500.00 $30,000.00 $8,000.00 $32,000.00 $7,294.57 $29,178.27 $6,361.04 $25,444.15 Construct new ADA compliant curb
ramp with blue truncated dome
cast-in-place per plan
25 1 LS Accessible parking stalls painting
and other miscellaneous painting. $14,331.50 $14,331.50 $4,500.00 $4,500.00 $12,000.00 $12,000.00 $10,277.17 $10,277.17 $7,944.96 $7,944.96 Accessible parking stalls painting and other miscellaneous painting.
26 1 LS Demo restroom plumbing fixtures $10,885.50 $10,885.50 $20,000.00 $20,000.00 $7,000.00 $7,000.00 $12,628.50 $12,628.50 $14,022.94 $14,022.94 Demo restroom plumbing fixtures 27 1 LS
Modify plumbing for new fixture
location. Reinstall existing
plumbing fixtures. Furnish and
install touchless flush sensors.
and other miscellaneous painting.
$23,739.00 $23,739.00 $17,500.00 $17,500.00 $20,000.00 $20,000.00 $20,413.00 $20,413.00 $10,000.00 $10,000.00 Modify plumbing for new fixture
location. Reinstall existing
plumbing fixtures. Furnish and
install touchless flush sensors.
and other miscellaneous painting.
28 1 LS
Floor & wall repair. Patch & repair
damaged concrete block. Modify
floor at drains.
and other miscellaneous painting.
$9,594.00 $9,594.00 $17,500.00 $17,500.00 $13,000.00 $13,000.00 $13,364.67 $13,364.67 $13,152.42 $13,152.42 Floor & wall repair. Patch & repair
damaged concrete block. Modify
floor at drains.
and other miscellaneous painting.
29 1 LS Repaint all interior walls after wall
repair. $15,867.00 $15,867.00 $15,500.00 $15,500.00 $10,000.00 $10,000.00 $13,789.00 $13,789.00 $11,433.08 $11,433.08 Repaint all interior walls after wall repair.
30 1 LS
Furbish and install new toilets
urinals, and sinks. Furbish and
install partitions and restroom
accessories. Furbish and install
exterior screen wall
$64,306.95 $64,306.95 $42,500.00 $42,500.00 $32,000.00 $32,000.00 $46,268.98 $46,268.98 $32,000.00 $32,000.00 Furbish and install new toilets
urinals, and sinks. Furbish and
install partitions and restroom
accessories. Furbish and install
exterior screen wall
TOTAL = $778,611.66 $779,905.00 $781,736.00 $780,084.22 $779,881.33 PAGE 2 OF 2

B-2

CONTRACT

B-1

CONTRACT

CITY OF BUENA PARK CONTRACT FOR

SMITH MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY IMPROVEMENT

PROJECT
“Project”

Project Number: 267 & 266
Bid Number: 2024-15

This CONTRACT (“Contract”) is made and entered this 11th day of June, 2024 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and AGUILAR & CALDERON CORPORATION, a Corporation (“Contractor”). Contractor’s California State Contractor’s license number is # 988688 . 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 ________________;
C. The Instructions to Bidders for the Project, dated ______________________; D. The Special Requirements for Federally Funded Projects.

E. Contractor’s Bid for the Project, dated ______ (including documentation accompanying the Bid and any post -Bid documentation submitted before the Notice of Award);
F. The Contractor’s Bonds for the Bid and the Project; G. The final working drawings, plans, and specifications for the Project as approved by the City, and dated ________________ (“Plans and Specifications”).

H. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
I. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition;
J. Any and all permits from regulatory agencies with jurisdiction issued for the Project; and
K. 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 this Contract above (the “Project”), as such Project and the Work to be performed by Contractor is further are described in the Contract Documents.

B-2

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 Seven Hundred Seventy-Eight Thousand Six Hundred Eleven Dollars and Sixty-six Cents ($778,611.66) 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 t he Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expen se 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 c ommence 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 certifi cate 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 officials, 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

B-3

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 company, 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 least 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 aggre gate 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 Contractor shall p rovide 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 limits 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,

B-4

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 coverage only, this Co ntract 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 covera ge. 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 fro m 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, and 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

B-5

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 kin d 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, officials 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 I nsurers. 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 f urnish 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 the 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 requir ed 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 request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in complian ce with this paragraph will be submitted to City or review. Failure of City to request copies of such documents will not impose and liability on City, or its employees.

B-6

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 a ny way related to the performance 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 officers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administr ative 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 limitation 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 Contractor 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 acknowledge that th e Project is a public work to which prevailing wages apply. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Engineering

B-7

Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis- Bacon Fair Labor Standards Act, the Contractor a nd all its subcontractors shall comply with the higher of the state or federal prevailing wage rates. Contractor shall comply with the Davis- Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).

10. Community Development Block Grant Funding . Contractor and Owner do hereby acknowledge that this project will be funded with Community Development Block Grant (CDBG) funds [24 CFR 570], and is therefore, subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

11. Section 3 Compliance . The Contractor hereby acknowledges that this federally -funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 135] and agrees to the following:

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 , and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in t his Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted

B-8

contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).

12. Record Keeping. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four years after the expiration of the term of this Agreement.

13. 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.

14. 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.

15. 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.

16. 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, h ave 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.

17. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsistency 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.

18. 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.

B-9

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

CONTRACTOR

Dated:
(“CONTRACTOR”)

By:

B-10

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:

SMITH MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY

IMPROVEMENT PROJECT
(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 cour t, 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

B-11

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.

B-12

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:

SMITH MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY

IMPROVEMENT PROJECT
(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 Publ ic 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 the Work to be performed thereunder or

B-13

the plans and specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does he reby 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 pri ncipal beneficiary of this Bond and has all rights of a party hereto.

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.

B-14

WORKERS’ 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 be low 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

B-15

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)

B-16

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 und er 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 increas e 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 ass umed 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.

B-17

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 her eby 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)

B-18

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:

3. Each insurance coverage under the Policy shall apply sep arately 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 insurance) includes liability assume d 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 Additional Insureds.

6. The policy to whi ch 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 re quested, 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 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.

B-19

8. It is hereby ag reed 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

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 _________.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

B-20

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.

3. Each insurance coverage under the Policy shall apply separately to each Additio nal 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.

B-21

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

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 ________.

B-22

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)

B-1
BID

CITY OF BUENA PARK

SMITH MURPHY PARK AND CARL BRENNER PARK ACCESSIBILITY IMPROVEMENT

PROJECT
“Project”

Project Number: 267 & 266
Bid Number: 2024-15

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BUENA PARK:

The undersigned, as Bidder, declares that: (1) thi s Bid is made without collusion with any other person and that the only persons or parties interes ted as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions and difficulties to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the un dersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Buena Park to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all m aterials, labor, tools, equipment, apparatus, transportation, services, and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contra ct Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.

The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undert aken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calen dar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be tak en into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.

Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned furthe r agrees that, should it be awarded the Contract and thereafter fail or refuse to execute t he Contract and provide the required evidence of insurance and Bonds within ten (10) Days after d elivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.

The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License.

Data current as of 6/1/2024 3:24:40 PM
Home | Online Services | License Details
Contractor's License Detail for License # 988688
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

AGUILAR & CALDERON CORPORATION
PO BOX 1511
WHITTIER, CA 90609
Business Phone Number:(562) 265-8815
Entity Corporation
Issue Date 11/23/2013
Reissue Date 11/17/2020
Expire Date 11/30/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with HUDSON INSURANCE COMPANY.

Bond Number: 30137275
Bond Amount: $25,000
Eective Date: 01/24/2024
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual MARLON STEVE CALDERON certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Eective Date: 05/12/2021
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the TRANSVERSE INSURANCE COMPANY Policy Number:FORWC0000004840
Eective Date: 05/25/2023
Expire Date: 05/25/2024
Workers' Compensation History
Miscellaneous Information
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. B - GENERAL BUILDING
A - GENERAL ENGINEERING
11/17/2020 - LICENSE REISSUED TO ANOTHER ENTITY
2 City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON P-NUT BASEBALL END-OF-THE-SEASON CAMPOUT PROGRAM Meeting
Tuesday, June 11, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9A
Presented By
Dale Kurata, Community Services Supervisor
Prepared By
Dale Kurata, Community Services Supervisor
Approved By
Aaron France, City Manager

DISCUSSION
At the request of Council Member Traut, this item is being brought forward for discussion regarding the reinstatement of the City of Buena Park P-Nut Baseball End-of-the-Season Campout program at Peak Park. Per City Council discussion and direction, the program was suspended at the City Council Meeting of March 12, 2024.

The P-Nut Baseball Program caters to boys and girls ages 4-17, emphasizing participation, teamwork, and sportsmanship. Using a coach-pitch format, all participants have the opportunity to bat and everyone plays in the ﬁeld on defense. This season, there are 279 registered participants, with games commencing in early May and concluding on Saturday, July 20 at Peak Park.

The customary end of season tradition involves the "P-Nut Campout and Picnic Day," spanning from Friday evening into Saturday afternoon. Friday's activities include baseball games/awards for the Clinic Division (ages 4-5), a skills competition, pre-movie activities, a movie screening, and overnight camping. Saturday's events feature championship games, a kid's carnival with a dunk tank and water slide, and culminating in an awards ceremony at 3 pm for P-Nut League participants.

At the study session of March 12, 2024, the City Council deliberated on the Community Services Department's special events portfolio. A review of 24 events for potential changes or suspension occurred, with two new events added. During the discussion, staff and Council agreed the P-Nut Campout portion of the end of season festivities would be eliminated, resulting in a cost reduction of $6,850.

Following a petition by P-Nut league coaches and a speaker during oral communications at the City Council meeting on May 28, 2024 advocating for the reinstatement of the overnight campout, a reevaluation was requested.

Should the City Council opt to reinstate the campout, staff is prepared to implement the P-Nut Baseball End-of-the- Season Campout program on July 19-20, 2024.

A budget request of $5,000 for part-time salaries and program costs would be needed to reinstate the campout.

The allocation, if approved, will be included in the ﬁscal year 2024-25 budget.

Attachments
3/12/24 Study Session - Discuss and Provide Direction Regarding Special Events Evaluation andRecommendations

City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON THE DEVELOPMENT OF A CITYWIDE GAS-POWERED LAWN EQUIPMENT BAN
Meeting
Tuesday, June 11, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9B
Presented By
Matt Foulkes , Director of Community and Economic Development Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager

DISCUSSION
This study session item was requested by Council Member Brown to discuss potential future amendments to the Buena Park Municipal Code (BPMC) to prohibit gas-powered lawn equipment. The state legislature approved Assembly Bill No. 1346, which banned the sale of gas-powered lawnmowers and leaf blowers in California as of January 1, 2024. While homeowners and businesses will still be permitted to use gas-powered equipment after that date, they will no longer be able to purchase them in California.

The negative environmental impacts of gas-powered lawn equipment is substantial. According to the California Air Resources Board (CARB), a gas-powered lawnmower operating for one hour emits as much smog-forming pollution as driving a mid-sized sedan, about 300 miles and one hour of using a commercial leaf blower is equivalent to driving 1,100 miles. Leaf-blowers and lawnmowers are classified as Small Off-Road Engines, or SORES. As of 2017, there were nearly 16.5 million SOREs in California, which was greater than the 13.7 million passenger cars in the state. The air pollution that this equipment generates is responsible for health risks as they emit high levels of reactive organic gases (ROG), particulate matter (PM) and nitrogen oxide (NOx). Not only are these emissions harmful to the people operating the equipment, but also the neighborhoods and the environment at-large. Most leaf blowers are powered by two-stroke engines, which run on a mix of oil and gas. Two-stroke engines produce more pollution than four-stroke engines because the fuel-air mixture in them is contaminated with the engine's lubricating oils. Simultaneously the combustion chamber draws in the contaminated mixture as exhaust gases are expelled through an exhaust port. Some of the fuel and oil gets mixed with the exhaust.

According to a 2020 report, lawn equipment across the United States produced more than 68,000 tons of nitrogen oxides, more than 350,000 tons of volatile organic compounds, 30 million tons of carbon dioxide, and nearly 19,000 tons of methane.

Buena Park has recently taken several steps to expand its commitment to environmental stewardship and sustainability, including the development of a Climate Action and Adaption Plan, adoption of an Environmental Justice Element in the City’s General Plan, creation of a Sustainability Manager position, and implementation of a Climate Action Commission.

Should the City Council direct staff to prepare an ordinance to prohibit the use of gas-powered leaf blowers and lawnmowers within the city, the following measures are recommended:

Create or revise definitions within the Municipal Code for gas-powered lawn mowers, leaf blowers, trimmers, and other maintenance equipment.

Implement a phased approach to allow sufficient time for residents, businesses, and landscaping contractors to transition to compliant equipment. Provide outreach and educational resources to support the transition process.

There are relatively few cities in the state that have taken action to ban the use of gas-powered leaf blowers and lawnmowers. The nearest examples that staff could find are the cities of Irvine and Pasadena. Irvine recently adopted an ordinance that will ban gas-powered leaf blowers, lawnmowers, string trimmers, hedge trimmers, edgers and chainsaws.

Beginning July 1, 2024, businesses working in Irvine that employ more than 50 people won’t be able to use gas-powered leaf blowers and lawnmowers while residents, and all other smaller businesses will have until January 1, 2025. The ban on using all other gas-powered equipment will go into effect on January 1, 2025, for businesses that employ more than 50 people, and July 1, 2026, for residents and all other businesses. Any landscaping company working in Irvine, regardless of where that business is based, will be subject to these regulations. The City Council also allocated up to $150,000 to assist residents and Irvine-based businesses to purchase electric lawn equipment. This financial assistance is in addition to the rebates and other programs offered by the South Coast Air Quality Management District and the Orange County Power Authority.

The Pasadena City Council also voted to ban the use of gas-powered leaf blowers in March 2022. The ban also made it illegal to use a leaf blower to cause debris to travel beyond the property boundaries of the parcel on which it is being used, to adjoining properties or public rights-of-way within the city, and to remain there for more than 15 minutes. Further, electric-powered leaf blowers may only be used between the hours of 8 am and 6 pm, Monday through Friday, and 9 am to 5 pm on Saturdays. Leaf blowers may not be operated on Sundays and holidays.

The Pasadena leaf blower ban is enforced by Code Enforcement on a reactive, complaint basis. A warning notice with a 30- day compliance period is issued to the landscape business owner/operator with continued violations resulting in citations.

The City also offered resources to landscaping companies and community members about grants and rebates that may be available to defer all or a portion of the costs associated with transitioning to battery-powered or electric equipment. For example, SB-170 included $27 million to sole proprietors and other small landscaping businesses to assist in the purchase of zero-emission SOREs, including leaf-blowing machines, lawnmowers and string trimmers. Additionally, California Clean Off-Road Equipment Voucher Incentive Project (CORE) is offering point-of-sale discounts of up to $400 per electric-powered leaf blower for small businesses and sole-proprietor landscapers.

Impacts on City or City-contracted Landscape Services
The City contracts with Merchants Landscape Services, Inc. (Merchants) to provide landscaping to City-owned parks, medians, parkways, and facilities. This is supplemented with additional landscaping activities by City staff. Currently, all leaf blowers and lawnmowers utilized by Merchants are gas-powered.

Merchants currently operates seven leaf blowers in Buena Park. It costs about $1,500 to replace a gas-powered leaf blower with a battery-powered model, which includes four sets of batteries and a charger. It would cost approximately $10,500 for Merchants to replace their gas-powered leaf blowers with battery-powered models. Merchants work is supplemented by City staff, who currently operate an additional eleven leaf blowers, three of which are battery-operated. It would cost another $12,000 to replace the City’s remaining gas-powered leaf blowers. The total cost for Merchants and City staff to switch to battery-powered leaf blowers is approximately $22,500.

Additionally, Merchants operates four 72-inch gas-powered lawnmowers. These lawnmowers are 26.5 HP and exempt from the California AB-1346 ban on gas-powered lawnmowers. The nearest equivalent battery-powered lawnmower is 60-inch and costs approximately $51,800 for the lawnmower, six sets of batteries, and a charger. Due to the smaller size, an additional 3 to 4 lawnmowers would be needed which would also increase labor costs. Replacing the gas-powered lawnmowers with battery-powered would cost between $362,000 – $415,000 for equipment and would approximately double labor and equipment transportation costs.

Consider exemptions for certain circumstances where electric or battery-powered alternatives are not feasible or practical (e.g. declared emergencies, extended power outages) and develop guidelines and criteria for exemption requests.

Merchants recently switched over to battery-powered lawnmowers in specific areas of the City of Irvine but found that the limited runtime and smaller size of the units was impeding productivity. After a few months, Merchants and the City of Irvine agreed to reintroduce gas-powered lawnmowers alongside the battery-powered lawnmowers to supplement them.

Next Steps:

Should the City Council direct staff to implement a ban on gas-powered lawn equipment, city staff will work collaboratively with stakeholders to develop implementation guidelines, outreach materials, and enforcement mechanisms for the proposed ban, and the item will be placed on the agenda for review and consideration of a Municipal Code Amendment at a future noticed public hearing. If adopted, staff would monitor compliance and evaluate the effectiveness of the ordinance in achieving its environmental and public health objectives. The ban, and associated reduction in GHG emissions, would also be incorporated into the forthcoming Climate Action and Adaptation Plan as part of the City’s strategies to reduce green- house gas emissions.

City of Buena Park
City Council Regular Meeting Agenda Report

DISCUSS AND PROVIDE DIRECTION ON POTENTIAL MUNICIPAL CODE AMENDMENTS PERTAINING TO ILLEGAL

STREET VENDING
Meeting
Tuesday, June 11, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9C
Presented By
Matt Foulkes, Director of Community and Economic
Development
Prepared By
Matt Foulkes, Director of Community and Economic
Development
Approved By
Aaron France, City Manager

DISCUSSION
The City Council discussed illegal sidewalk vending at the study session on February 27, 2024. Following the presentation by staff, the City Council requested this item come back to a future study session with additional information and background. Speciﬁcally, the City Council requested more information about the estimated number of illegal street vendors operating in the city, the street vendor permitting process, and additional options for enforcement.

The California Safe Sidewalk Vending Act, Senate Bill 946 (SB 946), became effective in January 2019. SB946 represented a signiﬁcant shift in the state's approach to street vending, aiming to balance the economic needs of vendors with the interests of local communities and businesses. To comply with SB946, the city adopted Ordinance No.1653 amending BPMC Chapter 5.64 to create a permitting and regulatory program that preserves public parks, rights-of-way, and other public places for the use and enjoyment of the community at-large. The BPMC deﬁnes ‘sidewalk vending’ and ‘sidewalk vending activities’ to regulate the location and manner in which sidewalk vending can occur.

In addition to location restrictions, sidewalk vendors are required to obtain a Sidewalk Vending Permit and a Business License from the City, and any additional licensing requirements from Orange County Health Care Agency (OCHCA). For street vendors selling food, both the City and County of Orange have additional licensing requirements to ensure that the food is being prepared, stored, and served in a safe and hygienic manner.

Illegal/unregulated street vending has several negative impacts on the surrounding businesses, residents, and the community, including:

Illegal street vending often obstructs sidewalks and impedes pedestrian traﬃc, posing safety risks to both vendors and the public.

Illegal street vending, particularly food vending, poses a substantial public health risk for patrons.

Unregulated street vending contributes to litter and improper waste disposal, including disposal of fats, oils and grease onto public sidewalks and rights-of-way.

Local businesses may suffer from unfair competition due to illegal vendors operating without adherence to licensing, health, and safety regulations.

Unregulated street vendors have not obtained a business license from the city and do not pay sales tax for their products or food.

A survey of surrounding cities found that most have adopted similar street vending regulations as Buena Park, but very few have issued street vending permits due the vendors' inability to provide the minimum standards to receive a permit from the OCHCA or be able to comply with City regulations.

OCHCA Permit Process
Beginning in 2023, OCHCA reclassiﬁed street vending as Compact Mobile Food Operation (CMFO). Depending on the operation and what type of food is being offered, a permit may or may not be required. However, some requirements must be met regardless of whether a permit is needed.

CMFOs include individuals, pushcarts, stands, displays, and wagons. CMFOs may only sell prepackaged foods, whole uncut produce, or food with limited food preparation.

CMFO Requirements:

Health permit*
Plan review*
Commissary required - The commissary can either be a permitted food facility or a permitted Cottage Food Operation. A Cottage Food Operation can serve as a commissary for a maximum of two CMFOs.

Ware washing (containers, utensils, cooking pans, etc.) and hand-washing equipment are required for permitted CMFOs
Food Handler Cards are required
Potentially hazardous food prepared at an approved facility and served from a CMFO shall be destroyed at the end of the operating day
Routine inspections required*
Payment of permit fees
*Health permits, plan review, and routine inspections may not apply for CMFOs that have less than 25 square feet of display space AND sell only non-potentially hazardous prepackaged food or whole, uncut produce.

To get a permit, applicants must ﬁrst complete an application from OCHCA. Depending on the food operation, applicants may need to submit plans for their CMFO, attach operating procedures for any ware washing and hand- washing, and provide the location for the commissary. The application, plans, operating procedures, and commissary will all be reviewed and evaluated by the OCHCA staff. In addition to the above-referenced items, the application also requires information regarding ownership, including address, driver’s license number, and contact information. The application must also provide a Commissary Agreement, Route Stops, and Events for ﬁeld inspections by OCHCA.

Per OCHCA standards, a CMFO is only permitted to conduct “Limited Food Preparation,” which includes:

Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming, or boiling of hot dogs, or assembly of non-prepackaged food.

Dispensing and portioning of non-potentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.

Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.

Holding, portioning, and dispensing of any foods that are prepared by a catering operation.

Slicing and chopping of non-potentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process.

Cooking and seasoning to order.

Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.

Hot and cold holding of food that has been prepared at an approved permanent food facility.

Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter.
“Limited Food Preparation” does not include:

Slicing and chopping potentially hazardous food (e.g. meat), other than produce, unless it is on the heated cooking surface.

Thawing.

Cooling of cooked, potentially hazardous food.

Grinding raw ingredients or potentially hazardous food.

Washing of foods.

Cooking of potentially hazardous foods for later use.

Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under the Food and Agricultural Code.

A Health Permit is not required if the CMFO is 25 square feet or less of display and food storage back stock only prepackaged, non-potentially hazardous food or uncut whole produce is offered. A permit is required if the CMFO has more than 25 square feet of display area of any type of food.

City Enforcement Efforts
Most cities have adopted a similar enforcement practice as Buena Park, which relies on a team consisting of Code Enforcement, Public Works, Police Department, and OCHCA to shut down vendors and impound food/equipment.

Participation by the OCHCA is vital because it is through their authority that the City can dispose of the food and impound the equipment on behalf of the OCHCA. However, the reliance on OCHCA staff to participate in enforcement actions limits the number enforcement efforts that can be conducted. Buena Park has only been able to secure OCHCA staff for vendor sweeps a few times per month. OCHCA impounds all food items and equipment under the authority of Division 104, Part 7, Section 114393, of the California Health and Safety Code. All perishable items are immediately discarded and the equipment is destroyed after 30 days. Typically, the street vendors do not carry identiﬁcation and are not the responsible party or owners of the equipment. Even after impounding of all food and equipment, it is not uncommon to have the same street vending operation back out on the sidewalk the following night or following week with new equipment.

The number of illegal street vendors operating in the City ﬂuctuates signiﬁcantly from day-to-day and from daytime to nighttime. Based on Code Enforcement staff inspections, it is estimated there are 8 to 12 street vendors operating daily in the City. These include stationary vendors and pushcart vendors. During nights and weekends, the number increases to approximately 15 to 20. During Halloween Haunt, the number of vendors could increase to as many as 30.

In late April 2024, it was discovered that one or more street vendors had begun placing a ‘spotter’ at City Hall during the evenings to act as a look-out to notify street vendors when Code Enforcement vehicles were exiting the City Hall parking lot to conduct inspections. Similar strategies have been reported by the cities of Anaheim and Orange.

Options for Enforcement
Recently, the City of Anaheim approved amendments to its Municipal Code to enable Code Enforcement to impound food and equipment without participation from the OCHCA to increase the amount of enforcement actions that can be conducted. Several other Orange County cities are also considering this amendment. This code amendment would allow for an increased amount of enforcement actions by the city, but would not reduce the City’s costs associated with vendor enforcement. Some cities have utilized a third-party consultant to provide code enforcement services on behalf of the city for vendor enforcement while others have added part-time code oﬃcers, who focus on street vending and work mostly nights and weekends when street vendors are most prevalent.

In addition to code amendments and increased enforcement, the City Council could consider an expanded outreach and education campaign that could accompany enforcement actions that would provide educational programs to inform vendors and the public about the legal requirements to obtain a Street Vending Permit with the goal of transitioning illegal vendors into legal ones.

Buena Park City CouncilJune 11, 2024

Buena Park City Council
June 11, 2024