Agenda packet, regular meeting — Buena Park City Council, January 14, 2025 (part 2 of 3)

In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above.

CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
Transtech Engineers, INC.

Name of Business
Signature Signature
Name: Aaron France Name: Ali Cayir
Title: City Manager Title: President
Signature
Name: Sybil Cayir
Title: Secretary
* Please note, two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents provided to the City authorize only one person to sign this Agreement on behalf of the corporation.

ATTEST:
(SEAL)
_____________________________________
Adria Jimenez, City Clerk
APPROVED AS TO FORM:
_____________________________________
Christopher Cardinale, City Attorney
{02216991;1}
APPROVED:________ DATE: ________

Page 14 of 14 ends

Exhibit A
Overview – The Services shall be that of an Associate Engineer - Land Development to oversee the day-to-day activities of the Engineering Land Development Division through the entitlement, permit and construction phases of assigned projects. The position is responsible for processing development projects including parcel and tract maps, public improvements and grading, WQMP, and hydrology/hydraulics. The services include work in land development and permitting, writing land entitlement conditions of approval, preparing public improvement agreements, and implementation major laws governing development in California such as the Subdivision Map Act.

Responsibilities –
 Supervises and participates in the review of plans; evaluates compliance with laws, ordinances and acceptable engineering standards, and recommends corrections or improvements; reviews legal descriptions and deeds for easements and rights-of-way.  Prepares conditions of approvals for assigned projects.  Reviews and recommends approval of plans and specifications, designs, cost estimates, environmental documents, reports, and studies for assigned land development related projects.
 Reviews traffic engineering reports.
 Coordinates land development projects with other City departments and divisions and outside agencies.
 Confers with applicants and contractors regarding land development projects.  Reviews and processes plans for land development projects to ensure compliance with established contracts, City codes, and other applicable requirements; determine and enforce applicable codes, regulations, and requirements for assigned projects.  Reviews and processes plans for subdivisions, lot line adjustments, lot mergers, and certificates of compliance; review and interpret easements.  Provide customer service and general assistance to land developers, architects, engineers, third party consultants, property owners, and the general public related to land development projects; answer questions about City construction projects, permit issuance procedures, and land development activities.
www.transtech.org
855.595.2495 (toll-free)
About Transtech Video
Highlight: CLICK HERE
December 18, 2023
City of Buena Park
Attn.: Deepthi Arabolu
Assistant City Engineer
E: [email protected]
Proposal: LAND DEVELOPMENT ENGINEER STAFF AUGMENTATION SUPPORT SERVICES Dear Ms. Arabolu:

Transtech is pleased to submit this proposal letter for the subject services.

Proposed Staff:

We are proposing Carlos Pineda as the primary staff member to provide the services. Mr. Pineda’s full resume had previously been share with you, however, the following is a brief summary of his professional experience:

CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer Qualified Stormwater Designer (QSD) • Qualified Stormwater Practitioner (QSP)
• Qualified Industrial Stormwater Practitioner (QISP)
• LEED Accredited Professional, U.S. Green Building Council Highlights
Mr. Pineda has over 30 years of experience in civil engineering and project management. He has extensive experience working for both private and public sectors. He has participated on numerous multidisciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He has served as Principal Project Manager for a variety of projects.

Public works experience covers a wide variety of projects, including land development, major arterials, secondary highways and collectors, flood control and drainage projects, water and waste water projects, ADA retrofit, and safe routes to school projects.

Private sector experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements. In-tract residential improvements included the design and construction of domestic and reclaimed water infrastructure to serve the new developments.

At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City Engineering Contracts, including Commerce, Temple City, West Covina, South El Monte, Maywood, and provides management and review of development projects submitted by developers and applicants, CIP project management, construction management, federally funded project management.

He has a good understanding and knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

December 18, 2023
City of Buena Park
Attn.: Deepthi Arabolu, Assistant City Engineer

Page 2 ends

Proposal: LAND DEVELOPMENT ENGINEER STAFF AUGMENTATION SUPPORT SERVICES Billing Rate:

Transtech’s standard hourly billing rate for Land Development Engineer Services which is equivalent to Sr.

Engineer is $185/hr, however for the City of Buena Park, a discounted hourly rate of $148 is offered. As an estimated four-month time frame of the need for services at approximately 24 hours per week, we envision approximately 400 hours will be required, at a total initial fee of $60,000.

BRIEF COMPANY PROFILE:

Established in 1989, Established in 1989, Transtech Engineers, Inc. (a California Corporation) is a multidisciplinary municipal engineering consulting firm. Our staff and resources include approximately 200 staff, including building official, plan checkers, inspectors, permit technicians, engineers, project managers, designers, construction managers, traffic and transportation analysts, technicians, admin support personnel.

Our multi-disciplinary service capabilities include:
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official,
Code Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer,
Development Review, Public Works
Engineering, Plan Check, Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and
Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way
Engineering
• Emergency, Support Services
We have extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. Several of our staff members are former City Engineers, Public Works Directors.

Thank you for the opportunity to submit this proposal.

If you should you have any questions, or require additional information, please contact the undersigned.

Sincerely,
Ahmad Ansari, PE Principal
E: [email protected] C: 949-702-5612
Attachment: Transtech’s Hourly Rates for all Staff Classifications Attachment: Transtech’s Hourly Rates for all Staff Classifications Proposal: LAND DEVELOPMENT ENGINEER STAFF AUGMENTATION SUPPORT SERVICES Transtech’s Fee Schedule for all staff classifications:

Field Technician $85 - $95 Labor Compliance Analyst $145 - $155 Engineering Technician $95 - $105 Funds Coordinator $150 - $160 Assistant CAD Drafter $105 - $120 Office Engineer $145 - $155 Senior CAD Drafter $120 - $135 Construction Inspector $140 - $150 Associate Designer $135 - $150 Senior Construction Inspector $150 - $160 Senior Designer $150 - $165 Construction Manager $170 - $185 Design Project Manager $190 - $200 Resident Engineer $185 - $200 Assistant Engineer $115 - $125
Associate / Staff Engineer $145 - $160 Public Works Inspector $140 - $150 Senior Civil Engineer $200 - $220 Senior Public Works Inspector $150 - $160 Traffic Analyst Technician $100 - $110 Supervising PW Inspector $160 - $170 Associate Traffic Analyst $150 - $160
Senior Traffic Analyst $160 - $170 Survey Analyst $150 - $155 Professional Transportation Planner $170 - $185 Senior Survey Analyst $155 - $160 Traffic Engineer Technician $95 - $105 2-Man Survey Crew $345 - $360 Associate/Staff Traffic Engineer $145 - $160 Survey & Mapping Specialist $185 - $200 Traffic Engineer $170 - $185 Licensed Land Surveyor $210 - $220 Senior Traffic Engineer $185 - $205
Project Manager $185 - $205 Funds Analyst $145 - $150
Senior Project Manager $205 - $220 Senior Funds Analyst $150 - $160 Deputy City Engineer $170 - $190 Grant Writer $165 - $170 City Engineer $190 - $205 Funds & Grant Project Manager $185 - $195 Principal Engineer $205 - $225
Community Development Technician $80 - $90
Permit Technician $75 - $85 Planning Technician $90 - $100 Plan Check Technician/Analyst/Supervisor $125 - $140 Assistant Planner $100 - $120 Building Inspector $115 - $130 Associate Planner $120 - $140 Senior Inspector $125 - $140 Senior Planner $145 - $165 Plans Examiner/Checker $140 - $155 Planning Manager $170 - $190 Plan Check Engineer $150 - $170
Deputy Building Official $160 - $170 Administrative/Clerical $70 - $80 Building Official $165 - $180 Project Accountant $80 - $90 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: July 1, 2023 - June 30, 2024
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FUNDING & GRANT WRITING

PLANNING

ADMINISTRATIVE STAFF

SURVEY AND MAPPING

PUBLIC WORKS INSPECTION

BUILDING & SAFETY

ENGINEERING CONSTRUCTION MANAGEMENT

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
12/19/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Sandy Peters 626-696-1901 [email protected] License#: 6003745 Travelers Casualty and Surety Co of America 31194 TRANENG-09 Travelers Property Casualty Company of America 25674 Transtech Engineers, Inc.
909-595-8599
13367 Benson Ave
Chino CA 91710-3009
The Travelers Indemnity Company of Connecticut 25682 Hartford Casualty Insurance Company 29424 1149785890 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X X Y Y 6805H737478 12/31/2023 12/31/2024
2,000,000
C
1,000,000 X X
X NoOwnedAutos Y Y BA3R067451 12/31/2023 12/31/2024
B X X 5,000,000 Y Y CUP4F17434A 12/31/2023 12/31/2024
5,000,000 X
0 D Y 57WEGAA5O8A 9/1/2023 9/1/2024
X
1,000,000 1,000,000 1,000,000
A Professional Liability 107328311 12/31/2023 12/31/2024 Per Claim Aggregate Limit
$2,000,000
$4,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Professional Liability is E&O Liability.

The Umbrella Policy is follow form to its underlying Policies: General Liability/Auto Liability/Employers Liability/Employee Benefits Liability.

Re: All Operations of the Named Insured
City of Buena Park, its elected officials, officers, attorneys, agents, employees, independent contractors serving in the role of city officials and designated volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice will be sent to holder
City of Buena Park
6650 Beach Boulevard, P.O. Box 5009
Buena Park CA 90622-5009

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy # 6805H737478

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical services" to any person to the extent not (b) First aid or "Good Samaritan services" subject to Paragraph 2.a.(1) of Section II by any of your "employees" or "volunteer Who Is An Insured. workers", other than an employed or volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any

3. The following replaces the last sentence of one person, and will be the higher of:

Paragraph 5. of SECTION III LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of For the purposes of determining the this Coverage Part for Medical Expense
applicable Each Occurrence Limit, all related
Limit. acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one "occurrence".

Excess Insurance, of SECTION IV

4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:

COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other

INJURY AND PROPERTY DAMAGE
insurance, whether primary, excess, contingent LIABILITY:
or on any other basis, that is Professional Sale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT

5. The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, "Incidental medical services" means: of SECTION IV COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of
furnishing of food or beverages; or
recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:

6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV occurs; or COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by an offense that is committed; This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.

Policy #
6805H737478
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WEGAA5O8A 09/01/2023
Transtech Engineers, Inc.
13367 Benson Ave
Chino, CA 91710-3009
09/01/2024

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver apers To Us plies only to the person or organization desigWe waive nated in such contract. any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy #
BA3R067451

COMME A RCI L AUTO
THIS ENDORSEMENT CHANGES T EH POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This n n o i s n e dorseme t m d fie i surance provi t o l w ded under he f l o ing:

BUSI S U C E O NE S A TO OV RAGE F RM

MO R R E E G O TO CA RI R COV RA E F RM
The fol w s lo ing i added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II COV R T S E ED AU O sig u f r ned by yo be o e the "bodil " r y injury or "prope ty LI L T V R ABI I Y CO E AGE in the BUSINE O SS AUT dama " s ge occur and that is in eff ce t during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for e Cov red An Insured, of SECTION II COV T S ERED AU O Autos i e Liabil ty Cov rage, but on r a ly fo dam ges to LI L T V ABI I Y CO ERAGE in the MOTOR CARRIER which this insurance applies d an only to the ext f ent o COVERAGE FORM, whicheve v r Co erage Form is that person r r i n 's o o ganizat o 's liab i r n il ty fo the co duct par f o c : t o y ur poli y of h s anot er "in ured".

This n u s n z i cl de any perso or organi ation who you are req r r ui ed unde a written contr c r r m a t o ag ee ent CA T 0 4 37 2 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy:

BA3R067451
PAGE 1 OF 2
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
WITH TRANSTECH ENGINEERS, INC.

This Amendment to Professional Services Agreement (“Amendment”) is dated July 9, 2024, and is between the City of Buena Park, a California municipal corporation (“CITY”) and Transtech Engineers, Inc. (“CONSULTANT”). CITY and CONSULTANT are at times referred to herein jointly as “Parties” and individually as a “Party.” WHEREAS, the Parties previously entered into that certain Professional Services Agreement dated December 18, 2023, (the “Agreement”), pursuant to which CITY contracted with CONSULTANT to provide certain on-call engineering services, as the “Services” are defined in the Agreement; and
WHEREAS, the Parties now desire to amend the Agreement to extend the original term of the Agreement and increase the maximum compensation that may be paid to the Consultant thereunder.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. RECITALS. The foregoing recitals are true and correct and incorporated as a material part of this Amendment.

2. DEFINITIONS. All capitalized terms and phrases shall have the meaning given in the Amendment.

3. TERM. Section 3.0 (Term) of the Agreement is hereby deleted and replaced with the following:

3.0 TERM. The term of this Agreement shall commence on January 2, 2024, and shall remain in full force and effect until July 1, 2025, unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 9 of the Agreement.

4. COMPENSATION. Section 4.0 (Compensation) of the Agreement is hereby deleted and replaced with the following:

4.0 COMPENSATION. Subject to the maximum compensation amount set forth in this section, the CITY shall compensate the CONSULTANT for Services rendered at the rate of $148 per hour (Exhibit B). The maximum, “NOT-TO-EXCEED” compensation, including reimbursement for expenses, if any, that CONSULTANT is entitled to receive pursuant to this Agreement is $160,000.00. No claims for additional compensation shall be allowed unless authorized in advance by the CITY in writing. The CITY shall make payment for additional services and expenses in accordance with Section 5.0 of this Agreement.

5. INCORPORATION. Except as expressly amended herein this Amendment, all other terms and provisions of the Agreement shall remain in full force and effect, being deemed incorporated fully herein by this reference.

Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940 PAGE 2 OF 2

CITY OF BUENA PARK CONSULTANT
a California Municipal Corporation
Transtech Engineers, Inc. _______________
Name of Business

BY:

Aaron France, City Manager Signature
Print Name
ATTEST:

BY:

Adria M. Jimenez, MMC, City Clerk
APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney
Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940 Ali Cayir
PAGE 1 OF 2

LEVINE ACT DISCLOSURE STATEMENT
California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency from making, participating in, or in any way attempting to influence the awarding of a contract by the agency if the officer receives any political contributions totaling more than $250 in the 12 months preceding the contract award, during the proceeding leading to the contract award, and for 12 months following the final decision on the contract, when the contribution is from any person that has a financing interest in the contract. This prohibition applies to contributions made directly to the officer, received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of any such contributions to be made by a party to be awarded a contract by the local agency. The Levine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.

LEVINE ACT DISCLOSURES:

1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposals leading to the contract?
YES ___ NO___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $250 to any member of the Buena Park City Council after the date of the issuance of the request for proposals, or in the 12 months after the City Council’s decision on the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s):

NOTE: Answering yes to either of the two (2) questions above does not preclude the City of Buena Park from awarding a contract to your firm. It does, however, preclude the identified officer(s) from making, participating in, or in any way attempting to influence the contract award process.

Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.
_______________________ _____________________________________

DATE SIGNATURE OF AUTHORIZED OFFICIAL
Transtech Engineers, Inc. _____________________________________

NAME OF COMPANY NAME, TITLE
Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940 Ali Cayir
7/29/2024 | 12:25:52 PM PDT
X
X
President

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
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CANCELLATION

AUTHORIZED REPRESENTATIVE
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© 1988-2015 ACORD CORPORATION. All rights reserved.

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Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

Page 16 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy # 6805H737478
Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940

3. The following replaces the last sentence of one person, and will be the higher of:

Excess Insurance, of SECTION IV

4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I CONDITIONS:

COVERAGES COVERAGE A BODILY
This insurance is excess over any of the other

Policy #
6805H737478
Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

COMMERCIAL AUTO
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BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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BA3R067451
Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940

COMME A RCI L AUTO
THIS ENDORSEMENT CHANGES T EH POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This n n o i s n e dorseme t m d fie i surance provi t o l w ded under he f l o ing:

BUSI S U C E O NE S A TO OV RAGE F RM

Policy:

BA3R067451
Docusign Envelope ID: C5619FB2-F9DC-4FC3-90EE-C6653DDA2940 City of Buena Park
City Council Regular Meeting Agenda Report
G. RESOLUTION APPROVING THE INSTALLATION OF KOREATOWN FREEWAY SIGNS ON INTERSTATE 5 AND STATE ROUTE 91
Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4G.

Presented By
Frances Capistrano, Management Analyst
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving the installation of Koreatown freeway signs on Interstate 5 and State Route 91; and 2) Authorize staff to submit an encroachment application to the California Department of Transportation (Caltrans) requesting the sign installations.

PREVIOUS CITY COUNCIL ACTION
On September 26, 2023, the City Council approved the designation of Koreatown for the stretch of Beach Boulevard from Rosecrans Avenue to Orangethorpe Avenue.

DISCUSSION
The City of Buena Park's Koreatown is located in the northern part of the city and honors the strong Korean American influence within the area. The Buena Park City Council approved this designation, initiated by Mayor Joyce Ahn, with unanimous support from the full City Council, on September 26, 2023. A resolution designating Beach Boulevard from Orangethorpe Avenue to Rosecrans Avenue as Koreatown was adopted in October 2023.

This makes Buena Park the second city in Orange County to establish an official City Council-designated Koreatown, following Garden Grove, which designated Koreatown in 2019.

The designation encompasses a three-mile stretch, beginning from The Source OC on Beach Boulevard and extending to the city’s northerly limit. The Source OC, a prominent landmark in Buena Park, is situated at the intersection of Orangethorpe Avenue and Beach Boulevard, which serves as the southern boundary of Koreatown.

The City is working with Caltrans to install and maintain two highway directional signs on the northbound and southbound exits 116 on I-5 and two highway directional signs on the eastbound and westbound exits 23B on SR91 directing drivers to the City's Koreatown, located north of the Entertainment Corridor. The approved resolution is a requirement by Caltrans for the encroachment application and will be submitted along with several support letters from local delegates. The costs for the signs will be the responsibility of the City. However, no cost has been identified by Caltrans yet and will be presented to the City following their review and recommendation of location, size, and type.

BUDGET IMPACT
There is no cost associated with adopting the proposed resolution. The cost of the encroachment permit will be calculated by Caltrans upon the submission of the application.

Attachments
Resolution Koreatown Signs.pdf
RESOLUTION NO. 2025- ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA

PARK, CALIFORNIA, APPROVING THE INSTALLATION OF
KOREATOWN FREEWAY SIGNS ON INTERSTATE 5 AND
STATE ROUTE 91
WHEREAS, on October 10, 2023, the City Council of the City of Buena Park adopted Resolution No. 14754 to formally designate a portion of Beach Boulevard from Rosecrans Avenue to Orangethorpe Avenue as “Koreatown” due to its cultural and economic significance to the City; and
WHEREAS, Buena Park is home to one of the largest growing and thriving KoreanAmerican communities in Orange County; and WHEREAS, the population of persons of Korean ancestry in Buena Park increased by 57 percent from 2000 to 2010, according to the United States Census Bureau; and WHEREAS, over the past 20 year or so years, the areas on Beach Boulevard from Stage Road to Rosecrans Avenue, in particular, has become a hotspot for Korean culture and influence. In recent years, this area has expanded further south down Beach Boulevard with The Source OC development at the corner of Beach Boulevard and Orangethorpe Avenue; and WHEREAS, Koreatown hosts a multitude of Korean restaurants and businesses that attract shoppers and visitors to Buena Park from surrounding southern California and around the world; and
WHEREAS, the City of Buena Park wishes to further promote Koreatown and use the regional draw of Koreatown to attract and increase visitors and tourists to the City; and WHEREAS, Section 101.12 of California Streets and Highways Code sets forth guidelines for placing and maintaining highway signs that direct drivers to specific communities within the geographical boundaries of a city or county; and WHEREAS, the City Council of the City of Buena Park seeks to request that the California Department of Transportation ("Caltrans") post directional signs on Interstate 5 ("I-5") and State Route 91 ("SR-91") directing motorists to Koreatown within the City of Buena Park.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby determines, finds, and resolves as follows:

Section 1. The City Council of the City of Buena Park finds that all conditions within Section 101.12 of California Streets and Highways Code are met with respect to Koreatown, including:

RESOLUTION NO. _______

Page 2 ends

a. The name of the community is culturally unique and historically significant;
b. The name of the community has resulted from the influence of a culture over a significant period of time;
c. The general public and media commonly recognize the name of the community;
d. The community is entirely located within the City of Buena Park; d. Signs will be consistent with the signing requirements for the state highway system;
e. The geographical boundary of the community is within 3 miles of Beach Boulevard exits on 1-5 and SR-91;
f. Trailblazing signs will be installed on appropriate streets or roads leading to Koreatown prior to installation of signs on 1-5 and SR91; and, g. The City of Buena Park will provide funds from nonstate sources that cover all costs for Caltrans to place and maintain, or cause to be placed and maintained, appropriate signs on 1-5 and SR-91.

Section 2. The City Council of the City of Buena Park approves the filing of a request to Caltrans to install and maintain two highway directional signs on the northbound and southbound exits 116 on 1-5 and two highway directional signs on the eastbound and westbound exits 23B on SR-91 directing drivers to "Koreatown" located along the Beach Boulevard Corridor, bounded to the south by Orangethorpe Avenue and to the north by Rosecrans Avenue; and Section 3. The City Council of the City of Buena Park agrees that the City of Buena Park will pay for the manufacture and installation of the highway directional signs.

PASSED AND ADOPTED this _____ day of _______________ 2025, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

RESOLUTION NO. _______

Page 3 ends

_________________________________
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 _____ day of ________________ 2018.
_________________________________
City Clerk
City of Buena Park
City Council Regular Meeting Agenda Report
H. SUCCESSOR AGENCY RESOLUTIONS APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 25-26) AND ADMINISTRATIVE BUDGET FOR THE FISCAL PERIOD FROM JULY 1, 2025, THROUGH JUNE 30, 2026
Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4H.

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
Presented By
Matt Foulkes, Director of Community and Economic
Development

RECOMMENDED ACTION
1) Adopt a resoluiton approving the Recognized Obligaiton Payment Schedule (ROPS 25-26) for the period of July 1, 2025, through June 30, 2026; 2) Adopt a resoluiton approving an administraitve budget from July 1, 2025, through June 30, 2026; and, 3) Forward ROPS 25-26 to the Countywide Oversight Board and State Department of Finance for review and approval.

PREVIOUS CITY COUNCIL ACTION
The previous Recognized Obligation Payment Schedule (ROPS 24-25) was approved by the Successor Agency on January 9, 2024.

DISCUSSION
On February 1, 2012, all redevelopment agencies were dissolved and the City of Buena Park assumed responsibility as the Successor Agency to carry out the enforceable obligations of the former Redevelopment Agency. Pursuant to Section 34177(o)(1) of the Health and Safety Code ('HSC'), in order to make payments on enforceable obligations, the Successor Agency is required to prepare a Recognized Obligation Payment Schedule ('ROPS') annually. Each ROPS must be approved by the Countywide Oversight Board and then submitted to the County Auditor-Controller, the State Controller, and the State Department of Finance ('DOF'), and posted on the Successor Agency's website by February 1 of each year.

The Recognized Obligation Schedule for July 1, 2025, through June 30, 2026, (ROPS 25-26) and administrative budget have been prepared for the Successor Agency's consideration. If approved, ROPS 25-26 and the administrative budget will be submitted to the Countywide Oversight Board for consideration at its January 28, 2025, meeting. After ROPS 25-26 is approved by the Countywide Oversight Board, it must be submitted to the County Auditor-Controller, the State Controller, and the DOF, as well as posted on the City's website no later than February 1, 2025. If the ROPS is not transmitted on time, the Successor Agency may be subject to a penalty of $10,000 per day.

The DOF makes the final determination on the submitted ROPS. The DOF must make its determination regarding the enforceable obligations and the amount and funding source for each enforceable obligation listed on ROPS 25- 26 no later than April 15, 2025. Within five business days of the DOF's determination, the Successor Agency may request to meet and confer with the DOF on disputed items.

BUDGET IMPACT
Payments for enforceable obligations on the approved ROPS 25-26 for the period of July 1, 2025, through June 30, 2026, will be paid from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County AuditorController.

Attachments
Reso ROPS 25-26 Att 1of2.pdf
ROPS 25-26.pdf
Reso Admin Budget 2024-25 Att 2of2.pdf
Admin Budget ROPS 25-26.pdf
RESOLUTION NO. SA- _______

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY OF

BUENA PARK COMMUNITY REDEVELOPMENT AGENCY

APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE FISCAL PERIOD FROM JULY 1, 2025 THROUGH JUNE 30, 2026 (ROPS 25-26) PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS
WHEREAS, Pursuant to Health and Safety Code Section 34177(o), the Successor Agency to the Buena Park Redevelopment Agency (the “Successor Agency”) must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2025 through June 30, 2026 (“ROPS 25-26”) and submit ROPS 25-26 to the Countywide Oversight Board (the “Oversight Board”) for approval; and
WHEREAS, Pursuant to Health and Safety Code Section 34177(l)(2)(B), at the same time that the Successor Agency submits ROPS 25-26 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 25-26 to the State Department of Finance (the “DOF”), the County administrative officer, and the County Auditor-Controller; and WHEREAS, Pursuant to Health and Safety Code Section 34177(l)(2)(C) and Section 34177(o)(1), the Successor Agency must: (i) submit the Oversight Board-approved ROPS 25-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than February 1, 2025, and (ii) post a copy of the Oversight Board-approved ROPS 25-26 on the Successor Agency’s website.

NOW, THEREFORE, the Successor Agency to the Buena Park Redevelopment Agency hereby finds, determines, resolves, and orders as follows:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The Successor Agency hereby approves the proposed ROPS 25-26 substantially in the form attached thereto as Exhibit A.

Section 3. Staff is hereby authorized and directed to submit a copy of ROPS 25-26 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 25-26 to the DOF, the County Auditor-Controller and the County administrative officer as designated by the County.

Section 4. Staff is hereby authorized and directed to submit a copy of Oversight Board-approved ROPS 25-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller. If the Oversight Board has not approved ROPS 25-26 by February 1, 2025, staff is hereby authorized and directed to transmit ROPS 25-26 to the DOF, the Office of the State Controller, and the County Auditor-Controller by February 1, 2025, with a written notification regarding the status of the Oversight Board’s review. Written notice and information Resolution No.

Page 2 ends

2 regarding the action of the Oversight Board shall be provided to the DOF by electronic means and in a manner of DOF’s choosing.

Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board-approved ROPS 25-26 on the Successor Agency’s website (being a page on the website of the City of Buena Park).

Section 6. The officers and the other staff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including but not limited to requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and making adjustments to ROPS 25-26 pursuant to the DOF’s instructions, and any such actions previously taken are hereby ratified and confirmed.

PASSED AND ADOPTED this 14th day of January 2025, by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Chairperson
ATTEST:
________________________________
City Clerk
I, Adria Jimenez, MMC, City Clerk of the Successor Agency to the Redevelopment Agency 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 Successor Agency to the Community Redevelopment Agency of the City of Buena Park, held this 14th day of January 2025.

City Clerk

EXHIBIT A

SUCCESSOR AGENCY TO THE BUENA PARK REDEVELOPMENT AGENCY

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
ROPS 25-26
(July 1, 2025 – June 30, 2026)
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Buena Park
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ 450,000 $ 450,000 B Bond Proceeds - 450,000 450,000
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 5,017,021 $ 726,247 $ 5,743,268 F RPTTF 4,940,424 649,650 5,590,074
G Administrative RPTTF 76,597 76,597 153,194
H Current Period Enforceable Obligations (A+E) $ 5,017,021 $ 1,176,247 $ 6,193,268 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Buena Park
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$132,438,298 $6,193,268 $- $- $- $4,940,424 $76,597 $5,017,021 $450,000 $- $- $649,650 $76,597 $1,176,247 8 Personnel and
Operating Costs -
Administrative
Cost Allowance
Admin
Costs
11/19/
1979
09/28/2044 City of
Buena
Park
Admin.,
Personnel,
Fac., &
Operating
Costs
Consolidated 2,771,598 N $153,194 - - - - 76,597 $76,597 - - - - 76,597 $76,597 14 PledgeDeveloper
Disposition Agmt

OPA/DDA/
Construction
08/26/
2003
09/30/2033 Sunrise
Buena
Park (BP
Mall)
Tax Increment
Reimbursement
Consolidated 12,872,926 N $684,268 - - - 684,268 - $684,268 - - - - - $- 17 Developer
Disposition
Agreement

OPA/DDA/
Construction
10/26/
2010
09/28/2044 The
Source
Tax Increment
Reimbursement
Consolidated 47,373,000 N $1,129,006 - - - 1,129,006 - $1,129,006 - - - - - $- 19 Entertain.Corridor
(Ezone) Action
Plan
Professional
Services
06/04/
2008
09/01/2035 TBD Bond Proceeds
for Design &
Streetscape
Consolidated 1,232,034 N $450,000 - - - - - $- 450,000 - - - - $450,000 60 Bond
Administration
Fee
Fees 01/19/
2000
09/01/2035 Union
Bank
Bond
Administration
Fees
Consolidated 56,940 N $4,000 - - - - - $- - - - 4,000 - $4,000 67 Tax Allocation
Refunding Parity
Bonds, 2019
Series A
Bonds
Issued After
12/31/10
11/13/
2019
09/01/2035 Union
Bank
Refinance 2003
and 2008
Series A Bonds
Consolidated 34,048,400 N $642,150 - - - - - $- - - - 642,150 - $642,150 69 Tax Allocation
Refunding Parity
Bonds, 2019
Series A
Reserves 11/13/
2019
09/01/2035 Union
Bank
Refinance 2003
and 2008
Series A Bonds
Consolidated 34,048,400 N $3,127,150 - - - 3,127,150 - $3,127,150 - - - - - $- 72 Bond Disclosure
Fees
Professional
Services
03/06/
2008
09/01/2035 Harrell &
Company
Advisors
Bond Servicing
- Annual
Reports
Consolidated 35,000 N $3,500 - - - - - $- - - - 3,500 - $3,500 Buena Park
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
1,183,149 125,919 6,990,329
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
50,767 79,488 6,657,824 ROPS 22-23 A - $5,732,288 ROPS 22-23 B - $925,536
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
1,882 8,047,084
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
58,500 ROPS 2021 PPA - $472 ROPS 21-22 PPA
$58,028
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required 2,757 ROPS 22-23 PPA - $2,757
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$1,232,034 $- $- $205,407 $5,539,812
Buena Park
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
8 Administrative cost allowance.
14 Agreement requires the former Agency to pay a percentage of tax increment and sales tax generated by Buena Park Downtown (Buena Park Mall).
17 Agreement requires the former Agency to pay a percentage of tax increment and sales tax generated by The Source.
19 Bond proceeds for the Beach Boulevard Streetscape Project includes construction of medians, parkways, sidewalks, landscaping, lighting, signage, etc. 60 Trustee fees for bond administration.
67 2019 Tax Allocation Refunding Parity Bonds, Series A 69 Bond reserve amount for the September 1, 2026 debt service payment required per the indenture. 72 Bond disclosure fees for preparation of annual bond reports.

RESOLUTION NO. SA- ____

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY OF

BUENA PARK COMMUNITY REDEVELOPMENT AGENCY APPROVING

A RECOGNIZED PROPOSED ADMINISTRATIVE BUDGET FOR THE
FISCAL PERIOD FROM JULY 1, 2025 THROUGH JUNE 30, 2026, AND

TAKING CERTAIN RELATED ACTIONS
RECITALS:

A. Pursuant to Health and Safety Code Section 34177(j), the Successor Agency to the Buena Park Redevelopment Agency (the “Successor Agency”) must prepare a proposed administrative budget for each fiscal period (commencing July 1) and submit each proposed administrative budget to the Countywide Oversight Board (the “Oversight Board”) for approval.

B. The Successor Agency’s proposed administrative budget for the fiscal period from July 1, 2025 through June 30, 2026 (“Administrative Budget 25-26”) is being presented to this Successor Agency to the City of Buena Park Community Redevelopment Agency for approval.

NOW, THEREFORE, the Successor Agency hereby finds, determines, resolves, and orders as follows:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The Successor Agency hereby approves Administrative Budget 25-26 substantially in the form attached hereto as Exhibit A.

Section 3. Staff is hereby authorized and directed to submit a copy of the administrative budget to the Oversight Board.

Section 4. The Staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution and the Administrative Budget, including making any adjustment to the proposed Administrative Budget to make them consistent with the Successor Agency’s Recognized Obligation Payment Schedule for fiscal year 2025-2026 (as such Recognized Obligation Payment Schedule is approved by the State Department of Finance).

Section 5. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution regardless that one or more portion may be determined to be invalid.

PASSED AND ADOPTED this 14th day of January 2025, by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Chairperson
ATTEST:
________________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the Successor Agency to the Redevelopment Agency 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 Successor Agency to the Community Redevelopment Agency of the City of Buena Park, held this 14th day of January 2025.

City Clerk

EXHIBIT A

SUCCESSOR AGENCY TO THE BUENA PARK REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET 25-26
(July 1, 2025 – June 30, 2026)
EXHIBIT "A"
ROPS 25-26
(July 1, 2025-June 30, 2026)
Salaries/Benefits 106,544
Community Dev. Director, Senior Mgmt. Analyst, Senior Admin. Assistant Operating Expenses - office rent,utilities, mgmt. information systems, maintenance, conference/meeting and office expenses, etc. 35,150 Office Rent/Utilities 17,000
Management Information Systems 4,600
Stationery/Office Supplies 1,000
Postage - Outside 300
Building Maintenance 9,250
Repro Supplies/Services 3,000
Professional/Contractual Services - property and sales tax administration, bond arbitrage report, consultant services, etc. 11,500 Legal Services 5,000
HdL - Property & Sales Tax Administration 2,500
Wildan bond arbitrage, other consultant services 4,000
$153,194
Funding Source - Redevelopment Property Tax Trust Fund (RPTTF)

TOTAL ADMINISTRATIVE BUDGET

ESTIMATED ADMINISTRATIVE COSTS

CITY OF BUENA PARK

SUCCESSOR AGENCY ADMINISTRATIVE BUDGET
(JULY 1, 2025 - JUNE 30, 2026)
City of Buena Park
City Council Regular Meeting Agenda Report
A. PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR THE PLANS,

SPECIFICATIONS, AND ESTIMATE (PS&E) FOR THE DALE/WHITAKER COMPLETE STREETS PROJECT Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A.

Presented By
Norm Wray, Senior Engineering Technician
Prepared By
Mina Mikhael, Director of Public Works/City Engineer
Approved By
Aaron France, City Manager
Presented By
Norm Wray, Senior Engineering Technician

RECOMMENDED ACTION
1) Approve a Professional Services Agreement with Stantec Consulting Services Inc., in the amount of $294,808 for design services for a Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and 4) Authorize a budget allocation in the amount of $300,000 from the undesignated Gas Tax Fund balance for this purpose.

PREVIOUS CITY COUNCIL ACTION
In August 2017, the City Council approved a resolution adopting the City’s Complete Streets Master Plan. With extensive community input, a Complete Streets pilot project along Dale Street from Auto Center Drive to Commonwealth Avenue was identified as part of the master plan. The City Council later approved an agreement with Stantec Consulting Services Inc. (Stantec) to create a 100% design plan for this segment. Unfortunately, the City was not successful in obtaining grant funding for this project.

In January 2022, City Council approved another agreement with Stantec to create conceptual plans for a larger complete streets project. The original design included the segment of Dale Street from Auto Center Drive to Commonwealth Avenue, and was extended to reach Malvern Avenue. Additionally, Whitaker Street from Stanton Avenue to the east city limits (see Attachment 2 for a map of the project limits) was also included. This conceptual design was subsequently used to apply for the complete streets grant funding. The project was renamed the “Dale/Whitaker Complete Streets Project.”

DISCUSSION
In June 2023, the City was notified that the Dale/Whitaker Complete Streets Project (the “Project”) had been awarded $4.38 million in grant funding through the 2023 Active Transportation Program (ATP). This grant covers various phases of the project, including Project Approval and Environmental Document (PA&ED); Plans, Specifications, and Engineering (PS&E); Right of Way (R/W); and Construction.

Currently, staff is working on the PS&E phase of this project. The goal of this phase is to develop a comprehensive set of design plans, project specifications, and an engineer’s cost estimate for construction. Once completed, the PS&E will be ready for solicitation of bids for the project's construction.

On October 15, 2024, staff issued a request for proposals (RFP) for the PS&E. The RFP was open for three weeks, and was received by more than 200 firms. Four firms expressed interest in the project, but ultimately, only one firm (Stantec) submitted a proposal. Staff evaluated the proposal and found that it was responsive to the RFP. Having already worked on the conceptual designs for the project, Stantec is highly familiar with both the project and City staff. The proposed project schedule aligns with the grant funding requirements, and the cost is well within the available grant funds.

The City Attorney has reviewed the proposed agreement.

BUDGET IMPACT
The City has been allocated up to $665,000 in funding for the PS&E portion of the project through the ATP grant.

Stantec’s proposal for the PS&E work is $294,808. This grant is on a reimbursement basis. Therefore, staff recommends that the City Council approve an allocation in the amount of $300,000 from unallocated Gas Tax Fund balance to support this work. Staff expects to receive 100% reimbursement for these costs.

Attachments
Attachment 1 of 2 - PSA FINAL.pdf
Attachment 2 of 2 - Location Map.pdf
PAGE 1 OF 16

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
DATE: 01/14/2025
SERVICES: PLANS, SPECIFICATIONS, AND ESTIMATE FOR THE

DALE/WHITAKER COMPLETE STREETS PROJECT
PARTIES TO THE AGREEMENT:
“CITY”: City of Buena Park, a California Municipal Corporation City Representative: Name: Mina Mikhael, P.E.

Title: Director of Public Works
Tel.: (714) 562-3670
Email: [email protected]
“CONSULTANT”: Stantec Consulting Services Inc., a California Corporation Consultant
Representative:

Name: Jeff Wilkerson, P.E.

Title: Project Manager
Tel.: (949) 929-1449
Email: [email protected]
SUMMARY OF TERMS:

Start Date: 01/14/2025
End Date: 11/04/2025
Contract Value: $294,808.00
Services a “Public Work”: NO [X] YES [___] (add “PW Exhibit”) Community Workforce Agreement: NO [X] YES [___] (add “CWA Exhibit”) Insurance Approved By Risk Management: NO [___] YES [X] APPROVED BY: (___) Department Head (___) City Manager (select one) Contract Value ≤ $10,000 Contract Value ≤ $80,000 (X) City Council
Contract Value > $80,000
(“Levine Act Exhibit” Required)

AGREEMENT MUST BE FIRST EXECUTED BY CONSULTANT BEFORE IT MAY BE EXECUTED ON BEHALF OF THE CITY.

CITY OF BUENA PARK

EXHIBIT A
PAGE 2 OF 16

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated as of January 14, 2025, between the City of Buena Park, a California charter city (“CITY”), and Stantec Consulting Services Inc., a California Corporation ("CONSULTANT"). CITY and CONSULTANT are at times referred to herein jointly as “Parties” and individually as a “Party.”

1. TERM. The term of this Agreement shall commence on January 14, 2025 and shall remain in full force and effect until November 4, 2025 unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of this Agreement (“Term”).

2. SERVICES. Subject to the terms and conditions in this Agreement, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” (the “Services”). CITY may request changes or expansion of the Services (each a “Modification”) and in such cases the Modification to the Services, and any resulting increase or decrease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performance (defined below), shall be documented in a written amendment to this Agreement. Increases or decreases in Compensation resulting from any Modification to the Services shall be based on the rate specified in the Compensation Schedule (defined below), or if not specified in the Compensation Schedule at then-applicable prevailing market rate charged by CONSULTANT to other customers for the same service.

3. SCHEDULE OF PERFORMANCE. CONSULTANT shall commence providing the Services upon receipt of a written “Notice to Proceed” from the City Representative and CONSULTANT shall proceed only to the extent of such authorization. CONSULTANT shall perform all Services in the time required by the schedule of performance described in Exhibit “A” (“Schedule of Performance”), or if not specified in the Schedule of Performance in a timely and diligent manner reasonably acceptable to CITY.

4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services, including any authorized reimbursable expenses, shall NOT EXCEED the total maximum sum of $294,808.00 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.

5. PAYMENT.

5.1 Invoices. Each calendar month after CITY’s issuance of the Notice to Proceed, CONSULTANT shall submit an invoice to CITY for the Services performed and any authorized reimbursable expenses incurred in the immediately preceding calendar month. (Ex: invoices for Services rendered in January should be submitted in February). The invoices shall describe in detail the Services rendered during each invoice period such as the days worked, personnel involved, number of hours worked, rates charged, milestones achieved, work product generated, or reimbursable expenses incurred, as applicable. CONSULTANT shall remit the invoices to the address and in the manner specified by CITY.

5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within PAGE 3 OF 16
thirty (30) calendar days after receipt. CITY shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.

6. STANDARD OF SKILL. CONSULTANT shall perform all Services in the manner and according to the standards currently observed by a competent practitioner of CONSULTANT’s profession in California, and shall at all times, meet or exceed any applicable professional standards of care, workmanship, or conduct. All products of whatsoever nature that CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONSULTANT’s profession. The acceptance of the Services by CITY shall not operate as a release of CONSULTANT from such standards of care, workmanship, or conduct.

7. INDEPENDENT CONTRACTOR. CONSULTANT is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees or agents, except as herein set forth. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent.

7.1 CONSULTANT shall not have the status of an employee of CITY under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees.

7.2 In the event that CONSULTANT, or any of its employees, agents, or subcontractors providing Services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

7.3 CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the Services under this Agreement. All of the Services shall be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified to perform it. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of the Services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing Services on CITY's premises.

8. ADMINISTRATION.

8.1 City’s Representative. The City Representative identified on the cover page of this Agreement shall have authority to administer this Agreement and oversee CONSULTANT’s performance of the Services, provided that an individual’s authority to amend this Agreement shall be governed by applicable provisions of the Buena Park Municipal Code. All activities performed by CONSULTANT shall be coordinated through the City Representative. CITY may change the identity of the City Representative upon written notice to CONSULTANT.

8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer this Agreement on behalf of PAGE 4 OF 16
CONSULTANT and to act, bind, and approve all matters relating to this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced without the advance consent of CITY, which consent shall not be unreasonably withheld.

9. SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. CITY may issue restraint or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the Services.

CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. CONSULTANT shall immediately report to CITY any hazardous condition noted by CONSULTANT.

10. INDEMNIFICATION AND HOLD HARMLESS.

10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “City Indemnitees”) shall, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, reasonable attorneys’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind to the extent caused by the CONSULTANT in CONSULTANT’s provision of the Services or performance of this Agreement. CONSULTANT acknowledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.

10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent the Services are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, and hold the City Indemnitees harmless for all claims, demands, costs, or liability to the extent caused by the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of the Services, excepting only liability arising from the negligence, or intentional misconduct of CITY.

10.3 Indemnification for Services. Other than in the performance of design professional services by a design professional, as covered by Section 10.2 above, to the fullest extent permitted by law CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, except for Claims arising from the negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.

10.4 Taxes, Assessments, Workers Compensation. CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold PAGE 5 OF 16
CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws.

10.5 Obligations Not Limited by Insurance. The obligations and covenants of CONSULTANT in this Section 10 are independent and separate from any requirement or covenant to carry insurance. The obligations of CONSULTANT under this Section 10 shall not be limited by the limits of any policies of insurance by this Agreement or otherwise maintained by CONSULTANT, nor shall CONSULTANT’s obligations by limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives any statutory immunity under such statutes or laws as to the CITY or City Indemnitees.

10.6 Survival; Enforcement. CONSULTANT’s obligations and covenants under this Section shall survive the expiration or termination of this Agreement and shall continue in full force and effect for a time at least equal to the statute of limitations that is applicable to the underlying Claim, demand, cost or liability. CITY may offset against the amount of any compensation due CONSULTANT any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement or indemnification arising under this Section 10.

11. INSURANCE. At all times during the term of this Agreement CONSULTANT shall maintain insurance coverage in the forms, types, and amounts that are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provide evidence of such coverage to the satisfaction of CITY’s Director of Risk Management, which may include a visual inspection of copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance.

11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:
.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
.2 The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). .3 Workers' Compensation insurance as required by the California Labor Code and Employer's Liability Insurance.
.4 Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. If such insurance policy is written on a claims-made form, the retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.

11.2 Minimum Limits of Insurance. CONSULTANT shall maintain insurance coverage limits not less than:

PAGE 6 OF 16
.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services / location or the general aggregate limit shall be $4,000,000 and contain specific language creating a duty to defend against any suit seeking damages.
.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease. .4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.

11.3 Umbrella or Excess Insurance. In the event CONSULTANT purchases an umbrella or excess insurance policy(ies) to meet the “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies) required by this Section 11.

11.4 Deductibles and Self-insured Retentions: CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:
.1 Except with respect to Employer’s Liability or Professional Liability/E&O policies required by this Section 11, CITY and City Indemnitees shall be named as additional insureds (collectively “Additional Insureds”). Additional Insured endorsements shall not: (a) be limited to “Ongoing Operations”; (b) exclude “Contractual Operations”; (c) restrict coverage to the “Sole” liability of CONSULTANT; or (d) contain any other exclusion contrary to this Agreement. .2 For any claims related to this Agreement or the Services performed under this Agreement, CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by Additional Insureds. Any insurance or self-insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.

PAGE 7 OF 16
.3 All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.

The notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. .4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.

11.6 Duration of Insurance. The requirements of this Section 11 shall survive expiration or termination of the Agreement. Insurance must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.

11.7 Acceptability of Insurers. All insurance coverage required by this Agreement shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance Rating Guide.

11.8 Verification of Coverage. CONSULTANT shall furnish CITY with evidence of the insurance required by this Agreement to the satisfactory to CITY. Such evidence shall consist of original certificates of insurance and amendatory endorsements, including an additional insured endorsement. The endorsements shall be on forms provided by CITY or on such other forms approved by CITY and conforming to CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with CITY before commencing performance of the Services. Where and at the times applicable, CONSULTANT shall also provide proof that the policies of insurance required under this Agreement and expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies.

11.9 Other Insurance Provisions.
.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of the insurance coverage.
.2 Requirements of specific coverage features or limits contained in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any 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 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.
.4 Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard.

PAGE 8 OF 16
.5 In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessary, and CONSULTANT shall promptly reimburse to CITY any premium paid by CITY.
.6 CONSULTANT shall provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY or any of the Additional Insureds as a defendant. CITY assumes no obligation or liability from the notice. CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve CITY.

11.10 Subcontractors. CONSULTANT shall include all subcontractors, or any other party involved in the performance of the Services, as insureds under its policies or shall require subcontractors or any other party involved in the Services by CONSULTANT to carry the same insurance as required in this Section 11. CONSULTANT shall obtain certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is provided as required in this Section. CONSULTANT shall require that no contract used by any subcontractor, or contract CONSULTANT enters into on behalf of CITY, shall reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT shall, upon request, submit to CITY for review, all agreements with subcontractors or others with whom CONSULTANT contracts with on behalf of CITY, and all certificates of insurance obtained in compliance with Section 11.8.

CITY’s failure to request copies of the documents shall not impose any liability on CITY, or its employees, or be deemed a waiver of any of CITY’s rights.

12. WORK PRODUCT.

12.1 Deliverables. CONSULTANT shall, in such time and in such form as CITY may require, furnish reports concerning the status of Services required under this Agreement.

CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver or return to CITY all material furnished to CONSULTANT by CITY.

12.2 Ownership.
.1 All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files or other media whatsoever, created or developed by CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY upon final payment being made. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any of the Work Product.
.2 CONSULTANT hereby assigns to CITY all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in CITY pursuant to subsection .1 above.

PAGE 9 OF 16
.3 CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.

In the event any the use of any of the Work Product or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. CONSULTANT’s covenants under this Section 12.2 shall survive the expiration or termination of this Agreement.

13. CONFIDENTIALITY. During performance of this Agreement, CONSULTANT may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of CITY. CONSULTANT agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONSULTANT shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of CITY. In addition, CONSULTANT shall comply with all CITY policies governing the use of CITY network and technology systems. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

14. RECORDS. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Services, as required by CITY or the City Representative. CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the City Representative, or his or her designees, and shall give the City Representative, or his or her designees, the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.

15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and PAGE 10 OF 16
“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.

16. SUSPENSION AND TERMINATION.

16.1 Right to Suspend. CITY shall have the right at any time to temporarily suspend CONSULTANT’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONSULTANT. If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement as specified in such notice.

16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT. If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:
.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.
.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.

17. Conflicts of Interest. CONSULTANT shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal. Gov. Code § 81000 et seq.), the Levine Act (Cal. Gov. Code § 84308), and California Government Code Section 1090.

CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of CITY or that would in any way hinder CONSULTANT’s performance of Services under this Agreement.

CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of CITY. CONSULTANT agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Agreement.

18. NOTICES. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be given in writing to the person at the addresses specified on first page of this Agreement and deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CONSULTANT’s and CITY’s regular business hours, or (c) three business days after deposit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.

PAGE 11 OF 16

19. MISCELLANEOUS TERMS.

19.1 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement shall prevail.

19.2 Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.

19.3 Nuisance; Compliance with Laws. CONSULTANT shall not maintain, commit or permit the maintenance or commission of any nuisance in connection with performing the Services. In the performing the Services CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the local laws, regulations, and policies of the City of Buena Park.

19.4 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with performing the Services.

19.5 Governing Law; Venue. The terms of this Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. The venue for resolving any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be a court with jurisdiction that is located in the County of Orange, California.

19.6 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort, or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable.

19.7 Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by CITY of any breach, any failure of a condition, or any right or remedy under this Agreement shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

19.8 Efficient Performance. CONSULTANT shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards.

19.9 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

PAGE 12 OF 16

19.10 When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default that may then exist, on the part of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.

19.11 Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.

19.12 Captions. The titles of the sections, subsections and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement and the rights or obligations of the Parties to this Agreement.

19.13 Word Usage. Unless the context clearly requires otherwise, (a) the word “shall” is mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

19.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement, constitutes the final, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agreements of the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.

19.15 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute this Agreement on behalf of his or her contracting Party.

In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives.

CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
Stantec Consulting Services Inc.

Name of Business
Signature Signature
Name: Aaron France Name: Jeff Wilkerson
Title: City Manager Title: Project Manager
PAGE 13 OF 16
*If CONSULTANT is a corporation, then pursuant
to California Corporations Code Section 313 this
Agreement must be executed by either: (1) the
chairperson of the board; (2) the president; or (3)
the vice president plus any one of the following:
the secretary, any assistant secretary, the chief
financial officer, or any assistant treasurer.

Signature
Name:

David Elwell
Title: Vice President
ATTEST:

BY:

Adria M. Jimenez, City Clerk
APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney
PAGE 14 OF 16

EXHIBIT A
1) SERVICES. CONSULTANT shall provide to CITY the following Services 2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Services in compliance with the following Schedule of Performance:
3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the follow rates and times:

All services as described in the CONSULTANT’s Proposal for Professional Services for the Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project (the “PROPOSAL”), attached as “Exhibit B.”
The schedule contained on Page 15 of CONSULTANT’s PROPOSAL, attached as “Exhibit B.” Not to exceed $294,808.00, as shown on pages F-1 through F-3 of the fee schedule contained in CONSULTANT’s PROPOSAL, attached as “Exhibit B.”
PAGE 15 OF 16

EXHIBIT B
[attach Consultant’s Proposal dated November 5, 2024, behind this page] City of Buena Park
Plans, Specifications, and Estimate (PS&E) for the
Dale/Whitaker Complete Streets Project
Stantec Consulting Services, Inc. November 5, 2024
Stantec
Stantec Consulting Services Inc.
38 Technology Drive, Suite 200
Irvine CA 92618-5310
Attention:

Norm Wray, RFP Administrator
City of Buena Park - Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
Reference: Plans, Specifications, and Estimate
(PS&E) for the Dale/Whitaker Complete Streets
Project
Dear Norm Wray and Selection Committee Members,
Stantec Consulting Services Inc. (Stantec), a New York corporation established in 1954, is committed to joining the City of Buena Park (City) and all stakeholders to help improve safety in the surrounding area. Specifically, the project will provide a more inviting bicycling and walking experience to those residents using alternative forms of transportation along the Dale Street and Whitaker Street corridors.

Utilizing our award-winning specialty team of active transportation professionals, we will incorporate innovation and expertise to ultimately construct a progressive, fun, and functional active transportation pathway that increases safety, adds mobility, and enriches and sustains the environment while contributing to the community’s enjoyment.

We are already familiar with the proposed improvements and the ATP (Cycle 6) Grant funding them, having previously prepared the 100% PS&E for Dale Street from Auto Center Drive to Commonwealth Avenue and the 30% Conceptual Plans along Dale Street and Whitaker. We also assisted the City with preparation of the winning grant application.

The core Stantec team who previously worked on these past projects will continue to assist the City moving forward. This team includes Jeff Wilkerson, PE, Project Manager, Mohammad Heiat PE, Principal-in-Charge, Sherry Weinmeier, PE, Technical Advisor and QA/QC, Keith Rutherfurd TE, Traffic Engineer, and Steve Cook, PLA, Landscape Architect. In addition, we have enlisted the help of our grant funding compliance specialist, Avant-Garde, to assist the City with the ATP grant funding administration services.

Our team has the project background and knowledge of the key stakeholders, like the City of Fullerton, so we are uniquely qualified to complete the PS&E and have it ready to move to into the bidding and construction stage of the ATP grant. We look forward to continuing our relationship with you. If you have any questions or require additional information, please do not hesitate to contact Jeff or Mohammad at the contact information below their signatures.

We have reviewed your proposed RFQ/contract terms and believe that should we be selected for this assignment; we will be able to conclude a mutually satisfactory contract with you. Finally, we acknowledge receiving Addendum No. 1, dated October 23, 2024.

Jeff Wilkerson, PE
Project Manager / Primary Representative
(949) 929-1449
[email protected]
Mohammad Heiat, PE
Principal / Alternate Representative
(949) 322-8083
[email protected]
Issued: Wednesday, October 23, 2024

CITY OF BUENA PARK
Department of Public Works
Addendum No. 1

PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)

FOR THE DALE/WHITAKER COMPLETE STREETS

PROJECT
Note the following notes/changes:
o Revise Schedule of Work on page 6 of the RFP to read:
 The PS&E package, with all deliverables given in the tasks above, must be completed and accepted by the City no later than March 14, 2025 August 30, 2025.
o Revise the first sentence of Task 2 – Final Improvement Plans, Specifications, and Cost Estimate to read:
 Using the existing 100% PS&E and 30% conceptual plans, the Consultant shall provide all necessary professional services including: engineering, geotechnical, surveying, and office engineering for the preparation of project plans, specifications, and cost estimate (PS&E) for the project.

By: __________________________
Mina Mikhael, P.E.

Director of Public Works/City Engineer
I (We) the undersigned hereby acknowledge that I (We) have received Addendum No. 1 as issued on Wednesday, October 23, 2024, and that all changes, additions, deletions, clarifications and corrections specified herein have been incorporated into my bid.

THIS ACKNOWLEDGMENT MUST BE SIGNED BY THE CONTRACTOR AND RETURNED WITH THE PROPOSAL.
_______________ ________________________________________ Date: Contractor/Title
11/5/24
City of Buena Park - Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec Table of Contents
1 Executive Summary ......................................................................................... 1

1.1 Project Understanding ..................................................................................... 1

1.2 Key Project Elements ...................................................................................... 3

1.2.1 Project Improvements ..................................................................................... 3

1.2.2 Stakeholder Coordination and Permitting ....................................................... 3

1.2.3 ATP Grant Funding Administration Services ................................................... 5

1.2.4 Maintaining Project Schedule / Budget and QA/QC ....................................... 5 2 Scope of Work / Services ................................................................................ 6

2.1 Project Management ....................................................................................... 6

2.1.1 Project Management, Coordination, and Meetings ......................................... 6

2.1.2 ATP Grant Funding Administration Services ................................................... 6

2.2 Final Improvement Plans, Specifications, and Cost Estimate ......................... 7

2.2.1 Research and Field Visits ................................................................................ 7

2.2.2 Design Survey ................................................................................................. 7

2.2.3 Utility Research and Coordination ................................................................... 8

2.2.4 Potholing .......................................................................................................... 9

2.2.5 Water Quality Management Plan (WQMP) ..................................................... 9

2.2.6 Improvement Plans ......................................................................................... 9

2.2.7 Specifications ................................................................................................ 12

2.2.8 Engineer’s Estimate ...................................................................................... 12

2.2.9 Permitting ...................................................................................................... 13

2.2.10 Bid and Construction Support ....................................................................... 13

2.3 Identification of Right-of-Way (ROW) Needs ................................................ 14 3 Project Schedule ............................................................................................ 15 4 Consultant’s Representative ........................................................................ 16 5 Project Team................................................................................................... 17 6 References ...................................................................................................... 19 7 Appendix – Resumes ..................................................................................... 21 City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 1 1 Executive Summary

1.1 Project Understanding
We understand that the City is seeking an
engineering consultant to prepare a single
plans, specifications, and estimate (PS&E)
bid package for the Dale/Whitaker Complete
Streets Project. The project limits are along
Dale Street from Auto Center Drive to
Malvern Avenue (approximately 6,700 feet),
and along Whitaker Street from Stanton
Avenue to the east City limits (approximately
3,500 feet).

Preparing a single PS&E package which is
ready to bid will require:
• Finalizing the 100% PS&E for Dale Street
from Auto Center Drive to
Commonwealth Avenue by including
electrical plans and bus shelter details.
• Taking the previously prepared 30%
Conceptual Plans for Dale Street from
Commonwealth Avenue to Malvern
Avenue and Whitaker Street from
Stanton Avenue to the east City limits to
the 100% PS&E level and incorporating
them into current plan set.
• Processing encroachment permits
through the City of Fullerton, the Orange
County Flood Control District (OCFCD),
Orange County Transit Authority (OCTA),
and the Southern California Regional Rail
Authority (SCRRA).

Existing Conditions
Dale Street, from Auto Center Drive to
Commonwealth Avenue is a two-lane road
with a striped center median and on-street
parking on both sides. From Commonwealth
Avenue to Malvern Avenue, Dale Street is a
four-lane road with both striped and raised
medians. Whitaker Street is generally a fourlane road with no center median.

Dale Street crosses the OCFCD Fullerton Creek (A03)
and Brea Creek (A02) [shown] Channels.

The project is located within the Cities of
Buena Park and Fullerton. The adjacent
developments within the project limits are
single-family housing and apartments,
commercial, industrial warehouses, school,
airport, church, retail, and office land uses.

The Fullerton Creek Channel (OCFCD
Facility No. A03) crosses Dale Street south
of the Whitaker Street intersection and the
Brea Creak Channel (OCFCD Facility No.

A02) crosses Dale just south of Malvern
Avenue. Dale Street also passes under a
grade separate railway near the Metrolink
Station, which appears to be within both
OCTA and SCRRA right-of-way (ROW).

The pavement appears to be in good
condition along Dale Street and fair condition
along Whitaker Street. The plans currently
propose slurry sealing the existing pavement
due to the modifications to the lane striping,
but our understanding is that the City may
provide pavement rehabilitation concurrently
with these improvements. There are existing
bus stops without concrete pads on both
sides of Dale Street, and existing utilities in
the area include: storm drains with catch
basins and laterals; streetlights; overhead
power lines; and underground utilities
including water, sewer, gas and
telecommunications.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 2 Proposed Improvements
The purpose of the project is to begin
implementation of the City’s adopted
Complete Streets Master Plan, which
identified Dale Street from Auto Center Drive
to Commonwealth Avenue as one of the
primary candidates for complete street
improvements. Adding bike lanes along Dale
Street from Commonwealth Avenue to
Malvern Avenue and along Whitaker Street
from Stanton Avenue to the east City limits
will close gaps in active transportation
access and further improve mobility for the
residents of Buena Park and surrounding
areas.

PS&E for Dale Street from Auto Center Drive
to Commonwealth Avenue are generally
complete and include restriping the
pavement to provide Class IV bike lanes with
the vertical separation element being parked
cars. Other improvements include new
raised medians, ADA curb ramps, enhanced
pavement markings, bus stop improvements,
rectangular rapid flashing beacons (RRFB),
and new landscaping and street trees.

Most of the design and plan preparation
work for this project involves the other two
segments of the project. Dale Street from
Commonwealth Avenue to Malvern Avenue
will require restriping to provide continuous
Class II bike lanes. Other improvements
include ADA ramps, traffic signal loop
detector replacements, video detection
improvements, new cross gutters, providing
a sidewalk connection to the Metrolink
Station, and new landscaping improvements.

Improvements along Whitaker Street include
a roadway reconfiguration to a two-lane road
with a striped median, bike lanes, and onstreet parking. Curb bulb-out will be added at Indiana Street, which will require the
relocation of two existing inlets. Finally, the
improvements include ADA ramps and a
raised landscape median between Roland
Street and Meade Avenue.

We will provide engineering design (PS&E)
and as-needed construction support
services, including:
• Project management and ATP grant
funding administration services
• Supplemental Design Survey
• Utility coordination and potholing
• Preparation of a Water Quality
Management Plan (WQMP)
• Street, signing and striping, and
landscaping and irrigation design
• Permitting the project through the City
of Fullerton, OCFCD, OCTA and
SCRRA.
• Identification of the required ROW
and easements along with a
programming estimate of their
approximate costs to acquire
• Preparation of plans, specifications
and an engineer’s estimate of
probable construction costs
• Bid and construction support
We assume that the City will prepare the
environmental document, and the Contractor
will provide the traffic control plans and
SWPPP during construction.

The improvements will provide new bike lanes along
Dale Street and Whitaker Street to close gaps in active transportation access and further improve mobility for
the residents of Buena Park.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 3

1.2 Key Project Elements
Understanding and managing the key project
elements associated with implementation of
the project improvements is critical to
project’s success. We have recently revisited the project site and reviewed our previously prepared plans to help us identify
the following Key Project Elements. Please
also refer to the Key Project Elements
Exhibit on the following page.

1.2.1 Project Improvements
The geometrics of the new striping and bike
lanes have been established with the 100%
and 30% plans sets. Therefore, the focus of
the design and plan preparation efforts for
this project will be to finalize the design for
the various street improvements shown on
the 30% plans as summarized below:
• A sidewalk connection from the
southwest corner of Dale Street and
Lakeknoll Drive to the Buena Park Metro
Link Station will be provided to improve
pedestrian mobility. These improvements
may require utility adjustments and/or
relocations which will be diligently
coordinated.
• New landscaping and irrigation
improvements are proposed along Dale
Street within the vacant land north of
Commonwealth Avenue and within the
new median along Whitaker Street
between Roland Street and S. Meade
Avenue.
• Curb bulb-outs are proposed at the
Whitaker Street and Indiana Street
intersection to reduce pedestrian
crossing distances. The most important
aspect of these improvements is to
design the curbs, so they don’t trap storm
runoff, causing ponding issues.
• As part of the curb bulb-outs, two existing
catch basin inlets will require relocation.

We will relocate the inlets and extend the
existing storm drain, making sure there
are no conflicts with the existing utilities.
• Impacts to the existing traffic signal
systems include replacement of existing
loop detectors, the addition of bike loops
to increase bicycle mobility, and
modifications to the existing video
detection system at Dale Street and
Lakeknoll Drive. Our in-house traffic
engineers have the experience to design
these improvements and provide
sufficient detail to ensure a smooth
construction.
• Finally, The project includes replacing or
reconstructing several slotted cross
gutters along Dale Street and providing
ADA compliant curb ramps throughout
the project limits. We will provide
precisely graded designs for these
improvements to confirm that positive
drainage is maintained in the cross
gutters and the ADA curb ramps are
ADA-compliant. We can add design
details, if necessary, to supplement any
referenced standard plan.

1.2.2 Stakeholder Coordination
and Permitting
We will coordinate with several stakeholders,
including the Cities of Buena Park and
Fullerton, OCFCD, the OCTA, SCRRA, and
the local utility companies in the area. We
anticipate processing encroachment permits
through the City of Fullerton, OCFCD, and
OCTA/SCRRA (railroad permits). We have
worked on numerous multi-agency roadway
improvement projects and will make sure
each agency’s needs and concerns are
addressed. Additionally, having worked on
the previous projects along Dale Street and
Whitaker Street, we are familiar with the
Agencies and utility companies in the area
and will work closely with them to process
the required permits and thoroughly
coordinate all utility efforts.
3 4

DALE STREET

WHITAKER STREET AUTO CENTER DRIVE

MALVERN AVENUE

BREA CREEK CHANNEL WHITAKER ELEMENTARY SCHOOL FULLERTON MUNICIPAL AIRPORT

METROLINK STATION

STANTON AVENUE

EDWARD AVENUE
N

CITY OF BUENA PARK

CITY OF FULLERTON

CALTRANS R/W

CITY BOUNDARY
CALTRANS RIGHT-OF-WAYCITY BOUNDARY30% CONCEPT PLAN LIMITS100% PS&E PROJECT LIMITS 1 2 56 7 8
30% CONCEPT PLAN LIMITS
100% PS&E PROJECT LIMITS

OCTA/SCRRA RIGHT-OF-WAY

S TRAFFIC SIGNALS

OCTA/SCRRA R/W
S
S S
S
S

FLOWER AVENUE

HANDEL DRIVE

COMMONWEALTH AVENUE

ARTESIA BOULEVARD

MONTANA AVENUE

INDIANA STREET
30% CONCEPT PLAN LIMITS

ROLAND STREET
5 4
7 8
6 1
3 2
LEGEND

KEY PROJECT ELEMENTS EXHIBIT
City of Buena Park - Public Works Department - Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 4

FULLERTON CREEK CHANNEL

LAKEKNOLL DRIVE
Encroachment permits will be required
from OCTA and SDRRA where Dale
Street crosses underneath the grade
separated railroad south of the Buena
Park Metrolink Station.

The project will provide new landscapingand irrigation improvements within the vacant land north of CommonwealthAve. These improvements will require a new water service and SCE meter.

Areas of the project are within the City
of Fullerton. We coordinated with Citystaff on the first Dale Street project and will coordinate with them again to obtainthe required encroachment permit.

An OCFCD encroachment permit will be
required where the Dale Street
improvements cross the Fullerton Creek
(A03) and Brea Creek (A02) Channels.

A sidewalk connection from the SW
corner of Dale St. and Lakeknoll Dr. to
the Buena Park Metrolink Station will be
provided, which may require severalutility adjustments and/or relocations.

The new striping improvements along
Whitaker Street will improve safety by
reconfiguring it from a four-lane road
with no median to a two-lane road with a
striped median and bike lanes.

Curb bulb-outs are proposed at the
Whitaker Street and Indiana Street
intersection. Our design will
accommodate existing drainage patternsand not create any new ponding issues.

As part of the new curb bulb-outs, two
existing inlets will require relocation. We
will pothole utilities in the area and
confirm that the new improvementsdon't conflict with any existing utilities.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 5

1.2.3 ATP Grant Funding
Administration Services
The project is funded through the Active
Transportation Cycle 6 Program with State
funds only and administered by Caltrans.

The Caltrans’ state funded process requires
several environmental, ROW, and PS&E
milestones be met prior to allocating the
project into the construction phase.

We have enlisted the help of Avent-Garde
(AGI) to navigate this process, specifically
for their experience with preparing and
coordinating the required submittals directly
with Caltrans and the California
Transportation Commission (CTC), ensuring
all clearances and requirements are met
prior to allocating the project for construction.

Additionally, Jeff Wilkerson, PE, our project
manager, has just completed the Lampson
Avenue Bike Lane Gap Closure
Improvements for the City of Seal Beach,
which was also funded by an ATP Grant. Jeff
took the lead with preparation of all required
grant documentation, so he is very familiar
with the process as well.

ATP grant compliance requires that all relocations and
adjustments of impacted utilities are well-coordinated.

1.2.4 Maintaining Project
Schedule / Budget and
QA/QC
Our team has successfully completed
numerous similar projects on schedule and
within budget. We immediately begin the
initial data collection and background
research tasks once notice to proceed is
obtained. We closely monitor our team’s
progress with required deliverables and can
make adjustments, if required, to maintain
schedule.

During the design process, we will expedite
the project completion by:
• Initially meeting with you to identify
expectations, including stakeholder
coordination and the schedule
• Focusing on completing critical path
items such as permitting and utility
coordination efforts, and
• Keeping you informed on any design
assumptions being made
We will provide a construction estimate
during with 65% submittal which will be
compared to the available budget for the
project. If the estimated costs exceed
budget, we can provide value engineering
recommendations for cost reductions.

We will also prepare a project specific
Quality Assurance / Quality Control (QA/QC)
program and ensure that it is available to all
staff working on the project. The QA/QC
program will include reviews of all
deliverables prior to milestone submittals.

Each project team member, regardless of
role, is responsible for the quality of their
work and are expected to provide an
appropriate level of QC on that work.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 6 2 Scope of Work /
Services

2.1 Project Management

2.1.1 Project Management,
Coordination, and
Meetings
Throughout the project, we will communicate
our progress, assumptions, and design
challenges with you. We will also coordinate
with other agencies, as required and involve
you in all these discussions and reviews.

Project communication will include meetings,
conference calls, and emails. We will
diligently prepare and distribute meeting
minutes or records of discussion and allow
you and other attendees to review and
comment on these before proceeding further
on the design or other project tasks. As part
of this task, we will also develop a
comprehensive and specific project work
plan and QA/QC plan and the project
schedule will be updated monthly.

Upon NTP, we will schedule a kick-off
meeting to review and refine the project
scope and schedule, establish the lines of
communication, and discuss the critical
design issues. Meetings will also be held to
review the 65%, 95%, and 100% submittal
packages and include up to four (4)
additional meetings throughout the design
phase.

2.1.2 ATP Grant Funding
Administration Services
Caltrans state funded ROW procedures
include self-certifying the ROW clearance
with regards to LAPM Chapter 13 and
Chapter 14 requirements. The Stantec Team
has extensive knowledge in the LAPM, and
will prepare, coordinate, and submit the
ROW clearance forms with the construction
allocation per state funded project
procedures.

Additionally, the construction allocation
package will be prepared and submitted to
Caltrans for construction funding approval
once the PS&E is completed and both
environmental and ROW requirements are
met. The allocation request includes the
allocation form, finance letter, completed
PS&E, preliminary clearances, and ATP
award notice. We will coordinate and
prepare this full request for City review and
approval prior to submittal and will
coordinate with Caltrans and CTC staff to
ensure project is allocated at the proper CTC
meeting, per ATP guidelines, in line with
construction funds programming.

The Stantec Team will provide the following
scope of funding administration services for
the project:
• Existing Records Review / Coordination:

The Stantec Team will review existing
City documents to ensure that
programming has been completed and
approved, and that all documents and
information are compliant with ATP. We
coordinate with Caltrans to ensure that
the appropriate authorizations and
certifications are received at each
required stage of the project, and will
attend City project meetings as
requested/needed, as well as meetings
with Caltrans as requested.
• Environmental Clearance (CEQA): The
Stantec Team will prepare and
coordinate the CEQA requirement per
LAPM state funded procedures. This
includes required exhibit preparation and
finalization, coordination with project
staff, and if necessary, Caltrans
coordination. We assume that the City
will prepare the actual CEQA document.
• Right-of-Way Clearance: The Stantec
Team will prepare the self-certified ROW
exhibit per LAPM state funded
procedures. The 95% plans will be
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 7 reviewed to determine required ROW
backup to be included with the LAPM
Chapter 13 exhibit, and we work to
determine ROW activities for PS&E
development/compliance.
• Construction Allocation: The Stantec
Team will prepare and coordinate the
construction allocation package for
Caltrans and CTC approval. The
submittal will include the allocation form,
finance letter, completed CEQA,
completed ROW, 100% PS&E, and ATP
award notification. This request will be
submitted to Caltrans prior to the
advertisement of a construction contract,
and must be approved at a CTC meeting.

We will coordinate with Caltrans and CTC
for compliance and authorizing of
construction funding.
• Miscellaneous Coordination (as needed
scope): Caltrans funded projects are
subject to submittals, processes, and
scope that is not guaranteed at time of
project creation. Some items include
OCTA Federal Transportation
Improvement Program (FTIP)
programming coordination, Caltrans local
assistance invoicing/reimbursement
requests, cost adjustments/funding shifts,
and scope and/or cost change
coordination. The Stantec Team has
extensive experience will all possible
project requirements associated with ATP
funds and the miscellaneous items are
included in our scope as conditional/as
needed.

2.2 Final Improvement
Plans, Specifications, and
Cost Estimate

2.2.1 Research and Field Visits
We will supplement our previous research
with any new preliminary engineering
reports, record drawings, assessor’s parcel
maps, ROW maps, street centerline ties, and
utility maps.

As part of this task, we will also perform a
field review of the entire project limits to
evaluate the following:
• Location of any damaged, raised, or
sunken curbs, gutters, sidewalks, and
other concrete improvements within the
public ROW that need to be constructed,
repaired, or brought up to current ADA
standards.
• Locations of local pavement repairs and
drainage deficiencies.

Prior to the field review, we will coordinate
with you to determine the extent of repairs
and ADA improvements you are planning for
this project. During the field walk, we will
take digital photos and document the
location of all potential repair locations and
any other issues requiring special attention.

This task also includes a second field visit to
confirm the final proposed improvements.

2.2.2 Design Survey
We will use the previously provided aerial
photometric surveys, field surveys, and
mapping base drawing as a basis for the
proposed improvements. Boundary surveys
of the adjacent land parcels are not included.

Damaged or uplifted sidewalks, driveways, curbs, and
cross gutters will be visually identified and repaired.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 8 We will supplement the previously provided
field surveys with additional field survey
within the 30% concept plans project limits.

This additional field survey will not cover the
entire project limits and will be limited to only
the areas with proposed ADA curb ramps,
median improvements, cross gutters, and
curb bulb-outs.

We will also dip the two (2) catch basins
impacted by the construction of the curb
bulb-outs at Whitaker Street and Indiana
Street, along with two (2) storm drain
manholes along Indiana Street.

Based on the initial review of the public
records available through the County
Surveyor’s office during preparation of the
30% concept plans, we found that it was
unclear how the alignment of Dale Street
was established between Artesia Boulevard
and Malvern Avenue to accommodate the
railroad grade separation. There are
numerous parcels on the east side of the
Dale Street along this stretch which may be
remnant parcels left over from the street
realignment, and the location of the ROW
line along these parcels is unclear.

Therefore, we will provide a construction
centerline for this segment, along with
enough control for the Contractor to
establish it.

To fully establish the ROW in this segment, a
Record of Survey would be required. We
have excluded the preparation of a Record
of Survey and assume that it, if necessary, it
would be prepared during the separate ROW
acquisition phase of the project.

2.2.3 Utility Research and
Coordination
We have previously obtained available
record information from the utility companies
in the area. However, we will issue another
Facility Map Request to the utility owners
again to confirm our utility base mapping is
up to date.

The information received from each utility
company will be organized in a Utility
Response Matrix that will be updated
throughout the project. Once the existing
utilities are checked and plotted on the
improvement plans, we will issue a Utility
Verification Letter to each utility owner and
ask them to confirm the location of their
existing facilities and identify any missing
facilities or improvements that are currently
being planned.

We will send another notice to each utility
company along with 65% improvement
plans. We will coordinate with the various
utility owners to confirm all potential utility
conflicts with the proposed improvements
and coordinate the relocation or adjustment
of all impacted utilities. We assume that any
relocation fees charged by the utility
companies will be paid by the City and no
additional utility plans (other than the
improvement plans) will need to be prepared
by Stantec to coordinate the utility
adjustments or relocations. We will confirm
the number of utility adjustments or
relocations with each utility company, their
specific design details (if any), and whether
they will have the City’s Contractor perform
this work. We will also confirm any required
work windows which will be included in the
specifications and construction schedule.

Comments received during this coordination
will be incorporated into the 95% and 100%
final plans and we will then distribute a
“Notice to Owner” to all utility owners which
require relocation or adjustment of their
facilities. For utility owners that don’t require
any relocations or adjustments, we will
obtain written confirmation that their facilities
are correctly shown on the plans and no
relocations or adjustments are required.

As part of this effort, we will coordinate with
SCE to obtain the new electrical meter
required to power the new bus shelter on the
northwest corner of Dale Street and
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 9 Whitaker Street and three (3) new electrical
meters for the new irrigation controllers.

The Utility Response Matrix will be
continuously updated and will be provided to
the City with each submittal. At a minimum, it
will include the utility company contact
information, dates and summary of
correspondence, cost responsibility, utility
plan status, utility permit status, and
construction status.

2.2.4 Potholing
Potholing may be required to confirm that
there are no utility conflicts with the modified
storm drain system at the Whitaker Street
and Indiana Street intersection, tree roots in
the new landscape areas, or near the
sidewalk improvements at the Metrolink
Station. A budget has been assumed for
approximately 8 to 10 potholes, which will be
utilized, if necessary, as approved in writing
by the City’s project manager. The potholing,
which will assume traffic control in
accordance with the WATCH Manual, will be
coordinated to minimize traffic disruption. All
potholes will be done in the public ROW in
accordance with the no fee City
encroachment permit for this work. We
assume that hot patch asphalt or repair of
concrete improvements (sidewalk, curb &
gutter) are not required and can be repaired,
if necessary, as part of the street
improvements.

2.2.5 Water Quality
Management Plan (WQMP)
All projects impacting an area greater than
5,000 square feet are considered priority,
requiring water quality compliance design
and documentation in accordance with the
City’s NPDES permit as issued by the
Regional Water Quality Control Board (Order
No. R8-2009-0030).

A water quality management plan (WQMP)
will be required for this project and will be
prepared in accordance with the City’s
WQMP Template, Green Streets guidelines,
and design guidelines. The project will be
reviewed to confirm its priority status.

Appropriate Best Management Practices
(BMPs) will be designed for consistency with
Low Impact Development (LID) guidelines as
well as the Green Streets guidelines as
issued by the EPA. This plan will be
developed as a draft for City review and the
final report will be accepted and signed by
the City engineer.

We assume that if a BMP is required, it will
be a tree planter type, such as a Filterra
Bioretention (or similar) system. All other
types of BMPs such as infiltration trenches
and basins are excluded.

2.2.6 Improvement Plans
We assume that the 100% plans are
complete except for adding the electrical
conduit required to power the new bus
shelter on the northwest corner of Dale
Street and Whitaker Street. Therefore, our
primary focus will be to take our current 30%
concept plans to a 100% level and combine
them with the current 100% plans to provide
a single set of improvements plans for the
project.

Potholing will be required to confirm that there are no utility conflicts with the new storm drain improvements at the Whitaker Street and Indiana Street intersection.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 10

2.2.6.1 Title Sheet, Notes, Typical
Sections, and Details
We will update the current title sheet and
index map sheet to accommodate the
additional improvements. We will provide
additional sheets for the additional typical
sections, standard details and smaller scaled
design details such as the ADA curb ramps
(if required) and curb bulb-outs. We assume
that smaller scaled design details for ADA
curb ramps and cross gutters will only be
required if the standard curb ramp detail
cannot be applied. Finally, the improvement
plans will clearly identify all Complete Street
and Sustainable Street Design features, and
we will provide the City a list of these
features with each submittal.

2.2.6.2 Street Improvement Plans
Street Improvement Plans required for 30%
concept plans will be “plan only” using a 1” =
40’ scale. They will be “double stacked” with
two horizontal layout strips placed on each
plan. Each sheet will contain a north arrow,
scale, match lines, and construction /
disposition notes for all street improvements
shown.

The plans will include all required removals;
areas of new pavement repairs and slurry
seal; locations for new and reconstructed
curbs, gutters, sidewalks, driveways, and
curb ramps; existing utilities (identified by
size, type, and owner); required utility
adjustments/relocations, synthetic turf,
repairs to irrigation system and planting not
shown on the Irrigation and Planting Plans,
and new utilities such as new electrical
meters, the electrical conduit for the new bus
shelter, and new water services. References
to smaller scaled details will also be
included.

Finally, the plans will clearly show the
existing and proposed (if necessary) City
ROW lines, proposed easements, the record
and construction centerlines, and all
horizontal control required to stake and
construction the new improvements.

2.2.6.3 Required Right-of Way and
Easement Plans
Required ROW and Easement Plans will be
prepared for both the entire project limits.

The plans will be prepared at 1” = 40’ scale,
“double stacked” with two horizontal layout
strips placed on each plan.

The plans will identify the new ROW areas
and/or temporary or permanent easement
areas which are required to accommodate
the project construction.

Each sheet will clearly show the existing and
proposed (if required) City ROW lines,
proposed easements, and the record and
construction centerlines. They will also
include addresses, names of businesses (as
applicable) and parcel numbers for all
properties along the project limits. Finally, all
required ROW areas and/or temporary or
permanent easements will be identified
along with their required area.

2.2.6.4 Storm Drain Plan and Profile
One (1) Storm Drain Plan and Profile sheet
will be prepared to relocate the two existing
catch basins impacted by the new curb bulbouts at the Whitaker Street and Indiana Street intersection. The sheet will be
prepared using a 1” = 20’ horizontal scale
and a 1” = 2’ vertical scale, and will include a
north arrow, scale, and construction /
disposition notes for all storm drain related
improvements shown. The profile views will
show the existing ground and proposed
storm drain profiles. We assume that
hydrology and hydraulic calculations are not
required.

2.2.6.5 Signing and Striping Plans
The Signing and Striping Plans required for
30% concept plans will be prepared at 1” =
40’ scale, “double stacked” with two
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 11 horizontal layout strips placed on each
sheet. Each sheet will include a north arrow,
scale, match lines and construction /
disposition notes referencing the appropriate
City or Caltrans standard plans.

The plans will reinstall existing roadway
striping and pavement markings and will
include the removal of any conflicting
existing striping and pavement markings not
overlaid by slurry seal. Traffic signs will be
replaced or upgraded, if necessary. The
traffic sign work will be based on an
inventory of existing signs and an
assessment of new project signage
requirements. Where appropriate, existing
signs within the project limits may be
upgraded to meet current California Manual
on Uniform Traffic Control (CA MUTCD)
requirements. The plans will also include
repainting of existing painted curb markings,
as required.

The plans will include replacement of
impacted traffic signal loop detectors and the
installation of new bicycle loop detectors and
detector lead-in cables (DLCs) which will join
existing controllers. Finally, the Signing and
Striping plans will provide the revised vehicle
and new bicycle video detection zones at the
Dale Street and Lakeknoll Drive intersection
along with any controller cabinet
appurtenance required to the provide the
intended operation.

2.2.6.6 Irrigation and Planting Plans
The new Irrigation and Planting Plans will be
prepared at a 1” = 20’ scale and be based on
the new irrigation and planting areas shown
on the 30% concept plans. These areas
include:
• Area 1: New irrigation system and
planting on the western side of Dale
Street from approximately 100-feet north
of Commonwealth Avenue to 4th Street.

As part of this design, a new irrigation
controller, electrical meter, and water
service will be installed. We assume that
the plant palette for this area will match
the plant palette previously developed.
• Area 2: New irrigation system and
planting within the new median along
Whitaker Street between Roland Street
and S. Meade Avenue. We assume that
the new irrigation system will join the
existing irrigation system in the median to
the north and the plant palette will be
similar the existing plants in that median.

The Irrigation Plans for both areas will
include an irrigation schedule that will break
down the construction elements by type,
manufacture, model, size, count. Both will
also be accompanied with their associated
installation details. Area 1 will include a
worst-case water pressure calculation and
special notes and calculations to conform to
local and state regulations (MWELO).

MWELO calculations will not be provided for
Area 2.

The Planting Plans will show graphically the
plants to be used on the project as well as a
schedule that will include the plant symbol,
name (scientific /common), container size,
special notes if any, count and associated
details. The scope does not include a
separate, colored landscape concept plan
since we will either be matching the
previously developed plant palette or existing
plant palette along Whitaker Street.

See additional assumptions below:
• We assume that the City will provide the
existing water pressure near the
proposed Area 1 landscape and irrigation
system.
• The existing irrigation system for Area 2
will not be modeled or shown on the
plans. The new irrigation system will be
modeled based on assumptions and data
provided by the City. We assume that a
field visit with City staff will be required to
provide the location of key
appurtenances of the existing irrigation
system such as locations for the existing
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 12 water meter and irrigation controller.

Additionally, we assume that the City will
provide the size and water pressure of
the existing water meter. As an alternate
design, we can provide pavers instead of
landscaping if providing the new irrigation
system is deemed infeasible.
• For Area 2 an additional valve and
control wires to the existing controller will
be required. We assume that the
connection of the wires to the existing
irrigation controller will be addressed with
construction notes only and the existing
irrigation controller has the capacity to
accept an additional valve.
• Modifications required to the existing
irrigation system and planting areas to
accommodate the road improvements
outside of Areas 1 and 2 will be provided
by construction notes on the Street
Improvement Plans and no stand-alone
Irrigation and Planting Plans will be
provided.
• Areas are not to be maintained by any
assessment district and the plan reviews
will be limited to the Cities of Buena Park
and Fullerton.

The specifications will include provisions that vehicular and pedestrian access will be maintained at all times
throughout construction to minimize disruption to
adjacent residents, schools, and businesses.

2.2.7 Specifications
We will prepare the project Specifications
based on your supplied boilerplate
Specifications and the Standard
Specifications for Public Works Construction
(SSPWC). Our experienced staff will
thoroughly review and modify your
boilerplate and all relevant sections of the
SSPWC to convey the design intent of our
engineers and confirm that the Specifications
do not conflict with the improvement plans.

The Specifications will be well coordinated
with our improvement plans and will also
include the manufacturer’s custom details for
the new bus shelter on the northwest corner
of Dale Street and Whitaker Street. We
assume that these details will be provided
free of charge as they have been with
previous projects. The Specifications will
outline the required construction stormwater
measures the Contractor must implement
and also identify all general phasing and
traffic control measures required to reduce
impacts to adjacent properties during
construction
The Specifications will also identify all
permits and coordination efforts the
Contractor is responsible for during
construction. This includes all specific utility
coordination efforts required, and all
requirements of the various encroachment
permits. Finally, the bid items will be listed,
and the work involved in each item will be
clearly described.

2.2.8 Engineer’s Estimate
We will provide estimated construction
quantities and a single engineer’s estimate
of probable construction costs for the entire
project. First, we determine the project bid
items required based on a thorough review
of the plans and specifications. Quantities
will then be calculated using our proprietary
software and checked using a second
calculation method. We will establish unit
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 13 costs using recently bid projects and
estimated inflation rates. The quantities will
be continuously updated with each plan
revision and an updated cost estimate will be
provided with all submittals to provide you
with accurate project costs throughout the
design.

2.2.9 Permitting
The project may require permitting from the
City of Fullerton, OCFCD, OCTA, and
SDRRA. We assume the City will not be
charged for these permits, so any required
fees are excluded.

2.2.9.1 City of Fullerton Encroachment
Permit
The new improvements are within portions of
the City of Fullerton. Therefore, a City of
Fullerton Encroachment Permit will be
required. This task provides for the
preparation of the City of Fullerton
Encroachment Permit application package,
submittal of the application package to the
City, processing the application, and
acquiring the encroachment permit.

2.2.9.2 Orange County Flood Control
District Encroachment Permit
Dale Street crosses both the Fullerton Creek
Channel and the Brea Creek. Therefore, an
OCFCD Encroachment Permit may be
required. This task provides for the
preparation of the OCFCD Encroachment
Permit application package, submittal of the
application package to the County,
processing the application, and acquiring the
encroachment permit.

2.2.9.3 Railroad Encroachment Permits
Per our understanding of projects of similar
nature, SCRRA and OCTA review and
approval will be required for all proposed
work within their ROW. Dale Street crosses
underneath the grade separated crossing
serving the Metrolink 91-Perris Valley Line
and Metrolink Orange County Line. It is our
understanding that the Metrolink Orange
County Line resides within OCTA ROW and
will require OCTA oversight, review to review
and approval for the design improvements
within their ROW. Our team will coordinate
with SCRRA and OCTA to determine the
requirements for design approvals, and
encroachment permits during design and
construction for all work within their ROW.

The SCRRA encroachment review and
approval process will be carried per
permitting process outlined in SCRRA ROW
Encroachment Process. It is assumed that
the City has a cooperative agreement with
SCRRA and OCTA for encroachment during
design, construction and maintenance of
surface improvements.

2.2.10 Bid and Construction
Support
We will support you during the project bid
period, including responding to questions
from prospective bidders and preparing bid
addenda to the plans and specifications, as
necessary.

During the project construction phase, we
will attend the pre-construction meeting, job
walk, and periodic job site meetings, as
required. We can clarify design-related
issues during construction, including
responding to RFIs and shop drawing /
submittal reviews. All clarifications will be
subject to your construction manager’s
approval.

Finally, preparing accurate as-built drawings
is important for your City’s future
generations. We will prepare as-built
drawings for the project using your preferred
format. They will be based on redlines
provided by your inspector and/ or
Contractor and will be supplemented with
our own revisions noted during construction.

For the purpose of this proposal, we have
assumed up to 60 hours for this task.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 14

2.3 Identification of Right-ofWay (ROW) Needs
We will evaluate the proposed improvements
and document those which may require
ROW acquisition and permanent or
temporary (construction only) easements.

Based on our review of the 100% and 30%
plans, ROW acquisition or a permanent
landscape maintenance easement may be
required for the new irrigation and planting
improvement along the western side of Dale
Street, just north of Commonwealth Avenue.

Temporary construction easements may also
be required for encroachments into private
properties for construction. Typically, these
are new sidewalk, ramps, and driveways
which are adjacent to the existing ROW.

The proposed ROW acquisition and
permanent or temporary (construction only)
easements will be identified and shown on
the Required Right-of Way and Easement
Plans which will be included in the
Improvement Plans (refer to Task 2.2.6.3). In
addition, we will provide a design memo
which lists details of these areas, including
type of acquisition, property address, square
footage, ownership, land use, tenants, and
existing encumbrances on affected
properties (where available) and
approximate cost.

Monument, our real estate subconsultant,
will determine property impacts and provide
the estimated costs ROW and easement
acquisition costs. Their scope includes:
• Performing a GIS analysis to determine
properties potentially affected by the
proposed improvements.
• Using publicly available data and other
real estate resources to confirm the
ownership, land use, zoning, lot size, and
improvements for each affected property
• Calculating the fee and/or easement area
that will need to be acquired for each
impacted property using design data and
assessor boundary information
• Performing a desktop inspection of
properties to confirm the probable
acquisition type (full, partial, temporary,
etc.), including identifying existing uses to
be relocated (if any).
• Estimating the total capital cost of
acquisition for all parcels including real
estate costs, relocation assistance,
severance damages, loss of goodwill,
fixtures and equipment, demolition and
clearance
• Estimating the total support cost for all
parcels including appraisal fees,
condemnation costs, title and escrow
fees, environmental fees, and consultant
fees as necessary
• Escalating costs to anticipated right-ofway acquisition date • Documenting proposed acquisitions and
resulting costs in a Right-of-Way Data
Sheet (Caltrans Exhibit 17-ex-21)
• Update and finalize the Data Sheet
based on feedback from the Stantec
team and the City.

Exclusions:
• Legals Descriptions and Plats
• Environmental Documentation
• Appraisal Services
• Right of Acquisition
• Geotechnical Engineering
• SWPPP
• Traffic Control Plans
• Hydrology and Hydraulic Calculations
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 15 3 Project Schedule
We understand the importance of timely work
completion. Our proposed schedule provides a
general overview of the sequence of activities,
task durations, and overall time frame for the
project. Our project team will regularly update
project progress to reflect completed
assignments, identify potential schedule
constraints, and adjust work efforts and
schedule milestones and delivery dates. The
list of activities and durations proposed in the
schedule will be discussed, reviewed, and
finalized with you at the kick-off meeting and at
subsequent progress meetings. We will meet
all agreed-upon deadline.

We assume that notice to proceed will be
given on January 6, 2025. We plan on
submitting our 65% Plans and Estimate on
February 21, 2025, the 95% PS&E on April 11,
2025, and the 100% PS&E on May 16, 2025.

We will begin permitting of the required
encroachment permits after the 95% submittal
and assume this effort requires an
approximate 4-month duration.

The process of construction allocation will
begin after the 100% PS&E and is generally
around a 2-month process, pending scheduling
of the CTC Meeting required for construction
funding.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 16 4 Consultant’s Representative
Jeff Wilkerson, PE
Project Manager and
Primary Representative
Jeff has more than 24
years of civil engineering
experience working for
both public and private
clients, with an emphasis on city and airport
transportation projects. He has been
responsible for the project management,
conceptual level design, and delivering final
PS&E for projects with a wide range of size
and scope. Jeff is known for his hands-on
design skills, organizational abilities, and
delivering projects on time and under budget.

Jeff is an expert in AutoCAD and Civil 3D and
leverages this knowledge to create innovative
and efficient solutions to complex engineering
problems.

Education
• MS, Civil Engineering
• BS, Civil Engineering
Registrations
• Profession Engineer #63466, CA
Relevant Project Experience
• Dale Street Complete Streets PS&E,
Buena Park, CA (Project Manager)
• Dale Street and Whitaker Street Complete
Streets Concept Plans, Buena Park, CA
(Project Manager)
• Lampson Avenue Bike Lane Gap Closure
Improvements, Seal Beach, CA (Project
Manager)
• Gardendale Street Plans, Specifications,
and Estimates, Downey, CA (Civil Design
Lead)
• Newport Boulevard and 32nd Street
Modifications, Newport Beach, CA
(Project Manager)
Mohammad Heiat, PE
Principal and Alternative
Representative
Mohammad offers 43
years of civil engineering
experience with emphasis
in transportation and site
development for a broad range of public
works and commercial development projects.

His experience includes an extensive list of
CIP facilities design, roadway and
intersection improvement plans, master
plans, runoff management plans, and
drainage structures. Mohammad has
overseen and managed preparation of
PS&Es for numerous public works/private
infrastructure projects invocing highway and
street design, drainage and flood control
facilities design.

Education
• MS, Civil Engineering
• BS, Civil Engineering
Registrations
• Profession Engineer #45776, CA
Relevant Project Experience
• Dale Street Complete Streets PS&E,
Buena Park, CA (Principal)
• Dale Street and Whitaker Street Complete
Streets Concept Plans, Buena Park, CA
(Principal)
• Lampson Avenue Bike Lane Gap Lane
Improvements, Seal Beach, CA (Principal)
• Gardendale Street Plans, Specifications,
and Estimates, Downey, CA (Principal)
• Newport Boulevard and 32nd Street
Modifications, Newport Beach, CA
(Principal)
• Safe Routes to School Pedestrian
Improvements, Santa Monica, CA (Project
Manager)
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 17 5 Project Team
As a well-established local firm, Stantec has
the resources and abilities to provide
personalized services while keeping the work
on schedule and within budget. Our team of
engineers, designers and surveyors excel in
developing, enhancing safety, and
rehabilitating infrastructure for public facilities,
and providing programs for preserving the
recreational assets and the natural
environment. We’ve also enlisted the support
of three (3) subconsultants. Avant-Garde will
provide assistance with the ATP grant
reporting and documentation, Monument will
provide the programming cost estimate for the
required ROW acquisition or easements, and
BESS will provide potholing (if required). The
City will benefit from the Stantec team by our:
• Familiarity with the Dale and Whitaker
improvements, having previously provided
the City with the 100% PS&E and 30%
Concept Plans and assisted the City with
the ATP grant documentation.
• Excellent communication and
comprehensive coordination of all project
issues
• Reputation for innovation and value
engineering
• Specific attention for completion of projects
ahead and/or on schedule
• Local knowledge of the area and utility
companies in the project vicinity
• Proficiency with City standards and
applicable state and federal regulatory
agencies
• Highly qualified project management
capabilities
• Comprehensive QA/QC Program
Avant-Garde has successfully provided grant
research, grant writing, fund administration,
compliance management, and community
outreach for over twenty years. Their
understanding of federal and state
requirements, funding administration, and the
complex diversity of Southern California make
them uniquely qualified to provide the City
navigate the complexities of the ATP grant
reporting and documentation requirements.

Monument, a DBE, SBE, and WBE certified
firm, is a full-service real estate and ROW
company providing exceptional service,
strategic planning, innovation, and timely
delivery. Monument serves local, state, and
federal agencies, transportation authorities,
and engineering partners with public
infrastructure projects throughout California
and will provide the programming cost
estimate for the required ROW acquisition or
easements.

Bess Testlab, Inc. provides a complete range
of Subsurface Utility Engineering Services
(SUE) to both private and public companies
throughout Northern and Southern California.

They will potholing, if required, by using
Vacuum Excavation to expose underground
utilities to the naked eye and “positively”
determine their actual depth and physical
conditions.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 18 Our Team
The key to successfully delivering your
project, on schedule and on budget, is with an
experienced, cohesive team. We’ve
assembled a team of professionals with a high
level of commitment, enthusiasm, and
experience. Our team members bring diverse
transportation engineering background and
experience. It is this experience and technical
knowledge that will help us to meet your
requirements. We will create a partnering
process with you that encourages clear and
open communication between all team
members. We build and maintain a
relationship with you based on trust, respect,
and integrity of information.

Organization Chart
Our organizational chart demonstrates how
our team members are organized and
managed to help ensure projects run smoothly
and efficiently. Each team member has been
selected based on their similar project
experience, strong understanding of your
community, and workload availability. The
majority of our team members have
collaborated on related projects for the last
decade. We’ve designated key team
members who are available, committed, and
experts in their field. We also have a pool of
additional technical and professional
resources who we can call upon, if needed.

Our available deep bench will help make sure
your schedule and budget are maintained.

Permitting & Utility Coord.

Othman Elmezain, PE
Vijay Pampara, EIT
Principal & Alternate PM
Mohammad Heiat, PE
Technical Advisor & QA/QC
Sherry Weinmeier, PE
Jacob Lemmon, EIT
Jeff Wilkerson, PE
Street Design
Josh Park, TE
Landscape and Irrigation
Steve Cook, PLA
Katie McNguyen, PLA
Survey and Mapping
Greg Sebourn, PLS

CITY OF BUENA PARK
Project Manager
Jeff Wilkerson, PE
Traffic / Electrical Design
Keith Rutherfurd, TE
Storm Drain & WQMP
Dan Hayes, PE
Monument
Mark McLellan, PE, QSP/P R/W Cost Estimating
Brian James "BJ" Swanner
ATP Grant Administration
Avent-Garde
Potholing
BESS
Keith LeNoue
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 19 6 References
Lampson Avenue Bike Lane Gap Closure
Improvements
Gardendale Street Plans, Specifications,
and Estimates
Seal Beach, California Downey, California
Client reference: Iris Lee, Director of Public
Works, City of Seal Beach, (562) 431-2527,
[email protected]
Our team provided preliminary and final
design for bicycle facility improvements along
Lampson Avenue between Seal Beach
Boulevard and Basswood Street
(approximately 3,450 feet). The project
included adding a Class I bike path and Class
II bike lanes to connect the existing bicycle
facilities at Seal Beach Boulevard to those at
Basswood Street. To facilitate the addition of
the Class II bike lanes, the project included
median modifications, roadway widening,
ADA curb ramp improvements, utility
relocations, traffic signal modifications,
landscaping improvements, and parking lot
improvements.

Since the source of funding was and an ATP
grant, the project required the preparation of
an E-76 Request for Authorization for
Construction. Stantec to the lead on
preparation of this document, including
coordinating several utility relocations (SCE,
Charter, and Frontier), which were included in
the Right of Way Certification.

Client reference: Edwin Norris, Deputy
Director of Public Works, City of Downey,
(562) 904-7710, [email protected]
Spanning along from Lakewood Boulevard to
the City of Downey western limits near Utah
Avenue (approximately 9,400 feet), this
project was one of the first to be implemented
as part of the City’s recently adopted bike
master plan. A “road diet” was implemented
by reducing the number of travel lanes from
four to two and providing a painted median to
be used for left turns. Class II bike lanes and
on street parking were also provided.

We prepared the PS&E and provided
construction support for this pavement
rehabilitation project. The project limits
included the Cities of Downey, South Gate,
and Paramount; therefore, we coordinated
with all cities to accommodate and implement
their various design standards and guidelines
into the improvement plans.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 20 17th Street/Santa Monica College/Expo
Bike Path Connection
Newport Boulevard and 32nd Street
Modifications
Santa Monica, California Newport Beach, California
Client reference: Robert Zak, Civil Engineer,
City of Santa Monica, (310) 48-2283
[email protected]
Stantec has been supporting the City of
Santa Monica in its Vision Zero goals and
various Safe Routes to School enhancements
for years. The 17th Street Bike Path
Connection bridges the LA Metro Expo
station to Santa Monica City College with the
design of Caltrans Class I and Class IV
bikeways. The total project extends from
Wilshire Boulevard to Pico Boulevard, a total
distance of 5,800 feet, and the Michigan
Avenue Greenway extension from 14th Street
to 19th Street, a distance of 2,400 feet.

Stantec provided full A-E design services,
mapping and ROW engineering, and
outreach support for this critical community
link. Our services included design
refinements to the preliminary plans, final
plans, specifications, and estimates (PS&E).

Key design elements included protected
bikeways and intersections, traffic signals and
circles, landscaping, accessibility
enhancements, drainage, and water quality
improvements.

Client reference: Andy Tran, Senior Civil
Engineer, City of Newport Beach,
(949) 644-3315, [email protected]
We provided engineering services for
widening improvements along Newport
Boulevard between Via Lido and 30th Street
(approximately 1,600 feet). The
improvements provided one additional
northbound through lane from 30th Street to
32nd Street and one additional southbound
through lane from Via Lido to 32nd Street
terminating as a right-turn only lane at 32nd
Street. The project also provided new
concrete bike lanes, bus stop turnouts,
pedestrian amenities, and street trees. A new
parking lot was also provided to mitigate the
loss of on-street parking.

Stantec provided conceptual and final design
which included processing of a California
Coastal Permit, coordination of several utility
relocations, pavement rehabilitation,
landscaped median and parkway
imrovements, new sidewalk and ADA
improvements, traffic signal modifications,
and catch basin relocations.

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 21 7 Appendix – Resumes

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 22 Sherry Weinmeier, PE,
LEED AP BD+C
Technical Advisor /
QA/QC
Sherry regularly works
with public agencies to
develop functional
approaches to transportation design, with a
bike and pedestrian focus, to better align with
health, safety, and equity. Sherry has led
multi-disciplinary design teams to implement
the concepts of Active Transportation into
feasible designs. She incorporates principles
found in Vision Zero and Complete Streets
programs to help transform communities,
striving to decrease the number of accidents
and keeping the focus on people’s safety.

Education
• BS, Civil Engineering
Registrations
• Profession Engineer #41751, CA
• LEED AP BD+C
Relevant Project Experience
• 17th Street Separated Bikeway and
Michigan Avenue Greenway, Santa
Monica, CA (Project Manager)
• Safe Routes to School Pedestrian
Improvements, Santa Monica, CA
(Technical Advisor)
• Santa Ana Boulevard and 5th Street Cycle
Track, Santa Ana, CA (Project Manager)
• UCLA Bike Blvd along Charles E. Young
Drive, Los Angeles, CA (Project Manager)
• Coachella Valley (CV) Link, Coachella
Valley, CA (Project Manager)
• Ocean Avenue Protected Bikeway Quick
Build, Santa Monica, CA (Principal)
• Herondo Street / Harbor Drive Welcome
Park and Cycle Track, Redondo Beach,
CA (Civil Task Manager)
• Aliso Creek Regional Bikeway Trail
Restoration, Orange County, CA (Project
Manager)
Keith Rutherfurd, TE
Traffic / Electrical Lead
Keith offers 39 years of
transportation and traffic
engineering experience
with a comprehensive
background in
transportation analysis and design plan
preparation. He performs technical analyses
and studies, prepares various reports, and
designs improvement plans for numerous
public works projects. Specific transportation
and traffic engineering experience includes
road alignment studies; highway and street
improvements design, including geometric
studies, interchanges, and ramps; traffic
engineering, including site impact studies,
parking and bikeway studies, bus operations,
signing, striping, traffic signal, and traffic
control plan design.

Education
• MS, Civil / Transportation Engineering
• BS, Administrative Studies
Registrations
• Profession Traffic Engineer #1647, CA
Relevant Project Experience
• Dale Street Complete Streets PS&E,
Buena Park, CA (Traffic Design Lead)
• Dale Street and Whitaker Street Complete
Streets Concept Plans, Buena Park, CA
(Traffic Design Lead)
• Lampson Avenue Bike Lane Gap Closure
Improvements, Seal Beach, CA (Traffic
Design Lead)
• Gardendale Street Plans, Specifications,
and Estimates, Downey, CA (Traffic
Design Lead)
• 17th Street/Santa Monica College/Expo
Bike Path Connection, Santa Monica, CA
(Traffic Design Lead)
• City of Irvine Protected-Permissive Leftturn Phasing Traffic Signal Modification, Irvine, CA (Project Manager)
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 23 Steve Cook, PLA
Landscape Architect Task
Lead
Steve’s more than 30
years of combined
experience as a
Registered Landscape
Architect, a Licensed Landscape Contractor,
a Certified Water Auditor, and a Member of
the Environmental Protection Agency’s (EPA)
Watersense Partnership Program provide him
a broad base of valuable knowledge. His
years of experience as a Landscape
Contractor working directly with the materials
most commonly used in landscape
construction give him not only a breadth of
information to draw upon for irrigation design,
but also give him valuable insight when
conducting site observations and providing
other field construction-related services.

Education
• BS, Civil Engineering
Registrations
• Landscape Architect #4052, CA
• Landscape Contractor #C27-528894, CA
Relevant Project Experience
• Dale Street Complete Streets PS&E,
Buena Park, CA (Landscape Architect)
• Dale Street and Whitaker Street Complete
Streets Concept Plans, Buena Park, CA
(Landscape Architect)
• Lampson Avenue Bike Lane Gap Closure
Improvements, Seal Beach, CA
(Landscape Architect)
• 17th Street/Santa Monica College/Expo
Bike Path Connection, Santa Monica, CA
(Landscape Architect)
• Herondo Street/Harbor Drive Gateway
Park and Cycle Track, Redondo Beach,
CA (Landscape Architect)
• Telegraph Road Traffic Throughput and
Safety Enhancements Project Phase II,
Downey, CA (Landscape Architect)
Othman Elmezain, PE
Permitting and Utility
Coordination
Othman has 12 years of
experience designing and
managing transportation
projects throughout all
phases of the project lifecycle: planning,
design, bidding, and construction. As a
project manager with the community
development group, he specializes in
municipal roadway and infrastructure
projects. His expertise spans street design,
roadway corridor redevelopment and
widenings, ADA improvements, pedestrian
and bicycle enhancements, at-grade
crossings, and traffic design. Before
embarking on any project, Othman
meticulously assesses the scope, fee,
schedule, and client expectations. His
planning involves thoroughly analyzing the
final deliverables, inquiries about client’s
bidding and construction management
procedures, and identifying the optimal path
to project completion.

Education
• BS, Civil Engineering
Registrations
• Profession Engineer #63466, CA
Relevant Project Experience
• Santa Ana South Main Street Corridor
Improvements, Santa Ana, CA (Project
Manager)
• Warner Avenue Widening and Protected
Bike Lanes, Santa Ana, CA (Project
Manager)
• Imperial Avenue Bikeway Improvements,
San Diego, CA, (Civil Engineer)
• SCORE Cogswell Grade Crossing
Improvements, El Monte, CA (Deputy
Project Manager)
• Simi Valley Double Track and Station
Improvements, Simi Valley, CA, (Project
Engineer)
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 24 Dan Hayes, PE
Storm Drain Task Lead
Dan has 27 years of civil
engineering experience
with extensive experience
in structural analyses and
flood control design,
preparation of construction drawings,
specifications, and cost estimates for
retaining walls, water systems, storm drain,
pump stations, channels, dams and reservoir
facilities. He has been involved in structural
analysis, hydrology, and hydraulic design of
earth retaining structures, water recharge,
land development, and flood control projects
in Riverside, San Bernardino, Orange, and
Los Angeles counties.

Education
• BS, Civil Engineering
Registrations
• Profession Engineer #63132, CA
Relevant Project Experience
• Lampson Avenue Bike Lane Gap Closure
Improvements, Seal Beach, CA (Drainage
Task Lead)
• Evening Canyon Road Drainage
Improvements, Newport Beach, CA
(Drainage Task Lead)
• Jamboree Road Pavement Rehabilitation
and Reclaimed Water Conversion,
Newport Beach, CA (Drainage Task Lead)
• Oso Parkway Roadway Widening and
Rehabilitation, Mission Viejo, CA
(Drainage Engineer)
• Lakewood Boulevard Improvements,
Phases 3B, 3C, and 3D, Downey, CA
(Drainage Engineer)
• Avenida Columbo Storm Drain
Rehabilitation Project, San Clemente, CA
(Drainage Engineer)
Greg Sebourn, PLS
Survey and Mapping
Task Lead
Greg has 24 years of
professional
experience in
numerous aspects of
land surveying and mapping, including project
and client management, as well as surveying,
mapping, and map checking services. Greg
works with public agencies throughout
Southern California, including LACPW and
LASAN. His municipal projects include
monument preservation efforts; and design
topographic, and construction surveys for
pavement, sewer, and right-of-way
improvement projects. Greg is significantly
active in the land surveying professional
community, having served as the California
Land Surveyors Association’s (CLSA)
Director and CLSA’s Orange County Chapter
President. Greg serves as a Subject Matter
Expert for the California Board for
Professional Engineers, Land Surveyor, and
Geologists.

Education
• AS, Survey
Registrations
• Profession Land Surveyor #8395, CA
Relevant Project Experience
• Dale Street Complete Streets PS&E,
Buena Park, CA (Survey and Mapping
Lead)
• Dale Street and Whitaker Street Complete
Streets Concept Plans, Buena Park, CA
(Survey and Mapping Lead)
• Gardendale Street Plans, Specifications,
and Estimates, Downey, CA (Survey and
Mapping Lead)
• Safe Routes to School Pedestrian
Improvements, Santa Monica, CA (Survey
and Mapping Lead)
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 25 Vijay Pampara, EIT
Street Design
Vijay provides
engineering and design
services for public and
private infrastructure
projects throughout
Southern Califoria. He is experienced in all
design stages, including PS&E package
preparation. Additionally, Vijay has worked on
numerous Caltrans and local municipal
projects, including interchange
reconfiguration, roadway improvement, cost
estimating, and hydrology/hydraulics design.

His strengths also include AutoCad Civil 3D,
InRoads, and Micro Station design tools.

Education
• BS, Civil Engineering
• MS, Civil Engineering
Registrations
• Engineering-in-Training #141291, CA
Relevant Project Experience
• Santa Ana Boulevard and 5th Street Cycle
Track, Santa Ana, California (Design
Engineer)
• Hazard Avenue Bikeway and Road Diet
Project Report and Traffic Studies,
Orange County, California (Design
Engineer)
• South Street Gap Closure, Anaheim,
California (Design Engineer)
• Maine Avenue Complete Streets, Baldwin
Park, California (Design Engineer)
• Herondo Street/Harbor Drive Gateway
Park and Cycle Track, Redondo Beach,
California, USA (Design Engineer)
• CV Link, Palm Desert, California, (Design
Engineer)
Jacob Lemmon, EIT
Street Design
Jacob is an Engineer-InTraining with a Bachelor
of Science in civil
engineering. He has
developed a strong
professional foundation providing civil
engineering design services throughout
Southern California. He views every project
as an opportunity to develop innovative
solutions to civil design challenges, and is
dedicated to supporting engineering projects
that benefit the community.

Education
• BS, Civil Engineering
Registrations
• Engineering-in-Training #176650, CA
Relevant Project Experience
• East Coast Highway Pavement
Rehabilitation, Newport Beach, CA
(Design Engineer)
• Evening Canyon Road Drainage
Improvements, Newport Beach, CA
(Design Engineer)
• Newport Coast Drive and Balboa
Boulevard Pavement Rehabilitation,
Newport Beach, CA (Design Engineer)
• Safe Routes to School Pedestrian
Improvements, Santa Monica, CA (Design
Engineer)
• Intersection Improvements Project, Long
Beach, CA (Design Engineer)
• Slauson Avenue and Atlantic Boulevard
Congestion Relief and HSIP Cycle
Funded Traffic Signal Improvements at
Various Locations, Maywood, CA (Design
Engineer)
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 26 Josh Park, TE
Traffic Engineer
Josh over 11 years of
traffic and transportation
engineering experience.

His technical experience
includes traffic operations
analysis, including traffic signal timing and
warrants, speed studies, impact analysis and
the preparation of signing and striping, traffic
signal, and traffic control design plans. Josh
has extensive knowledge in AutoCAD and
various traffic forecasting and planning
software such as Synchro and PTV Vistro.

Education
• BS, Civil Engineering
Registrations
• Profession Traffic Engineer #2856, CA
Relevant Project Experience
• Lampson Avenue Bike Lane Gap Closure
Improvements, Seal Beach, CA (Traffic
Engineer)
• 17th Street Separated Bikeway and
Michigan Avenue Greenway, Santa
Monica, CA (Traffic Engineer)
• Ocean Avenue Protected Bikeway Quick
Build, Santa Monica, CA (Traffic
Engineer)
• Safe Routes to School Pedestrian
Improvements, Santa Monica, CA (Traffic
Engineer)
• Wilshire Safety Improvement Project
Phase 2A, Santa Monica, CA (Traffic
Engineer)
• Oso Parkway Roadway Widening and
Rehabilitation, Mission Viejo, CA (Traffic
Engineer)
• Lakewood Boulevard Improvements,
Phases 3B, 3C, and 3D, Downey, CA
(Traffic Engineer)
Katie McNguyen, PLA
Landscape Architect
Katie’s more than 15
years of landscape
architecture experience
has allowed her to see
firsthand how to design
a project from the ground-up. As a skilled
landscape contractor and licensed landscape
architect, Katie exhibits both hands-on
experience and technical skills essential for
design development and construction
administration. Her construction
administration experience involves plan
checking, tagging trees in the field, and
attending routine construction meetings. Katie
focuses her designs on the ease of
maintenance and creative plant layout
options that are both environmentally
conscious and aesthetically pleasing.

Education
• BS, Landscape Architecture
Registrations
• Landscape Architect #6100, CA
Relevant Project Experience
• Lampson Avenue Bike Lane Gap Closure
Improvements, Seal Beach, CA
(Landscape Architect)
• 17th Street Separated Bikeway and
Michigan Avenue Greenway, Santa
Monica, CA (Landscape Architec)
• Anaheim South Street Safe Routes to
School/Gap Closure, Anaheim, CA
(Landscape Architect)
• Maine Avenue Complete Streets, Balwin
Park, CA (Landscape Architect)
• Camino Del Rio Intersection
Improvements, San Clemente, CA
(Landscape Architect)
• South Fairmont Boulevard Landscape
Renovations, Anaheim, CA (Landscape
Architect)
City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 27 Mark McLellan, PE
WQMP Task Lead
Mr. McLellan has more than
29 years of professional
experience in all aspects of
mixed-use/light-industrial,
commercial/retail, office park, subdivision,
resort, golf course, theme park, and
transportation civil engineering. He has
successfully designed projects from concept
to final design and construction.

Education
• BS, Civil Engineering
Registrations
• Profession Engineer #51031, CA
• Qualified Stormwater Pollution Prevention
Plan Developer / Practitioner #23468
Relevant Project Experience
• Irvine Center Drive Sidewalk
Improvements, Irvine, CA (Drainage
Engineer)
• Eastern Transportation Corridor, Orange
County, CA (Drainage Engineer)
• San Joaquin Hills Transportation Corridor,
Orange County, CA (Drainage Engineer)
• Dennis McCarthy Drive Widening, Lebec,
CA (Drainage Engineer)
• Wheeler Ridge Road Widening, Santa
Elena Drive, and Del Sol Drive, Lebec, CA
(Drainage Engineer)
• Davis Street Transfer Station, San
Leandro, CA (Drainage Engineer)
Keith LeNoue
ATP Grant Funding
Administration Services
Keith has over six years of
experience in
administrative and
municipal program
services and contract administration. Keith’s
main responsibilities include fund
administration, grant research and writing,
community outreach support, and program
management services.

Keith assists clients by identifying federal and
state fund allocation balances, assisting in
determining eligible projects, and providing
advisement of program requirements. He is
experienced in issues impacting City
governments and has developing expertise in
contract administration. His responsibilities
have included interfacing with Federal, State
and Local Agencies to define, develop, and
manage project scopes, schedules,
cooperative agreements and overall project
management to ensure projects are delivered
on time and on schedule.

Keith manages the preparation of documents
in accordance with the Local Assistance
Procedures Manual for federally funded
projects. He assists with processing
documentation for projects to obtain Caltrans
authorizations and reimbursement requests.

Education
• Master of Business Administration
• B.A. Business Management
Relevant Project Experience
Current clients include: Cities of Alhambra,
Bell Gardens, Carson, Commerce, El Monte,
Fullerton, Goleta, Hawaiian Gardens,
Huntington Beach, Industry, La Cañada
Flintridge, La Habra Heights, La Mirada, Long
Beach, Lynwood, Maywood, Monrovia,
Montebello, Monterey Park, Norwalk, Pico
Rivera, Rosemead; and OCTA (misc Orange
County agencies).

City of Buena Park – Public Works Department – Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project Stantec 28 Brian James “BJ”
Swanner
R/W Cost Estimating
BJ has over 16 years of
experience managing
right-of-way programs
for a variety of public
infrastructure projects from small to large. He
has demonstrated experience managing
projects, as well as developing and
implementing technological solutions to real
estate challenges utilizing GIS and other
systems. Throughout his career, BJ’s focus
has been on supporting engineers and
planners during the pre-acquisition phases of
project development. As a recognized leader
in the Southern California right-of-way
profession, he is knowledgeable about local
markets and infrastructure and has
relationships with key stakeholders in the
region.

Education
• BS, Geography, GIS and Remote Sensing
Licenses
• Real Estate Salesman #02231697, CA
Relevant Project Experience
• Inglewood Transit Connector, Inglewood,
CA (Right of Way Project Manager)
• Santa Ana River Trail, Phase 2 Corona,
CA (Right of Way Cost Estimator)
• Avenue R Complete Streets Project,
Palmdale, CA (Right of Way Project
Manager)
• Ocean Boulevard Coastal Bike Trail
Connector Active Transportation Program,
Long Beach, CA (Right of Way Project
Manager)
• West Santa Ana Branch Bike Path,
Paramount, CA (Right of Way
Coordinator)
Design with
community in mind
Stantec Consulting Services Inc.
38 Technology Drive, Suite 200
Irvine CA 92618-5310
Attention:

Norm Wray, RFP Administrator
City of Buena Park - Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
Reference: Plans, Specifications, and Estimate
(PS&E) for the Dale/Whitaker Complete Streets
Project
Dear Norm Wray and Selection Committee Members,
Per your RFP, we are providing our fee in this separate file. Included are our standard rates, hours, and reimbursables broken down by task. At Stantec, we strongly believe that the measurement of value is partially referenced from pricing, but also from credentials and capabilities. Our rates were created with an understanding of this balance.

Should you have any questions or require additional information about our fee proposal, please contact Jeff Wilkerson, our primary representative, or Mohammad Heiat, our alternate representative, at the contact information below.

We are ready to get started. Together, we are confident that a successful Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project is just around the corner.

Sincerely,
STANTEC CONSULTING SERVICES INC.

Jeff Wilkerson, PE
Project Manager / Primary Representative
(949) 929-1449
[email protected]
Mohammad Heiat, PE
Principal / Alternate Representative
(949) 322-8083
[email protected]

Principal / QAQC Sr. Project / Task Manager Surv. / Sr. Eng / Land Architect Project Engineer / Designer Landscape Architect Design Engineer / Admin 2-Man Survey Crew $278 $269 $230 $219 $198 $176 $345 Hours Fees Fees Fees Fees 1 Project Management --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

1.1 Project Management, Coordination, and Meetings --- 4 40 16 60 $15,376 60 $15,376

1.2 ATP Grant Compliance --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

1.2.1 Base Services --- 8 4 12 $3,028 $18,800 12 $21,828

1.2.2 Miscellaneous Coordination (As-Needed) --- 4 4 8 $1,952 $10,200 8 $12,152 2 Final Improvement Plans, Specifications, and Cost Estimate --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

2.1 Research and Field Visits --- 2 16 20 38 $7,562 38 $7,562

2.2 Design Survey --- 20 52 72 $22,540 72 $22,540

2.3 Utility Research and Coordination --- 4 24 30 58 $11,612 58 $11,612

2.4 Potholing --- 2 6 8 $1,852 $16,000 8 $17,852

2.5 Water Quality Management Plan (WQMP) --- 60 60 $13,800 60 $13,800

2.6 Improvement Plans --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

2.6.1 Title Sheet, Notes, Typ. Sec., Notes, and Details 6 2 8 40 60 110 $22,028 110 $22,028

2.6.2 Roadway Plans (1"=40') 4 2 6 40 50 98 $19,730 98 $19,730

2.6.3 Required Right-of-Way and Easement Plans (1"=40') 7 1 1 8 20 30 $5,819 30 $5,819

2.6.4 Storm Drain Plan and Profile (1"=20') 1 2 4 20 20 46 $9,532 46 $9,532

2.6.5 Signing and Striping Plans (1"=40') 4 2 8 36 40 86 $17,632 86 $17,632

2.6.6 Irrigation and Planting Plans (1"=20') 8 48 48 96 $20,544 96 $20,544

2.7 Specifications --- 2 8 18 6 34 $7,706 34 $7,706

2.8 Engineer's Estimate --- 2 2 16 16 36 $7,414 36 $7,414

2.9 Permitting --- --- --- --- --- --- --- --- --- --- --- --- --- ---

2.9.1 City of Fullerton Encroachment Permit --- 2 12 12 4 30 $7,116 30 $7,116

2.9.2 Orange County Flood Control District Encroachment Permit --- 2 12 12 4 30 $7,116 30 $7,116

2.9.3 Railroad Encroachment Permit --- 2 10 58 10 80 $17,708 80 $17,708

2.10 Bid and Construction Support 49 (2) 2 16 12 10 10 10 60 $13,550 60 $13,550 3 Identification of Right-of-Way (ROW) Needs --- 4 4 4 12 $2,656 $12,800 12 $15,456 25 151 140 344 58 294 52 1064 1064
$6,950 $40,619 $32,200 $75,336 $11,484 $51,744 $17,940 $236,273 $29,000 $12,800 $16,000 $294,073 $735
1064 $294,808
(1) Additional No. of Drawings are the number of drawings required for the final design of the 30% Concept Plans. (2) Includes number of drawings in complete set.

CITY OF BUENA PARK

PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) FOR THE DALE/WHITAKER COMPLETE STREETS PROJECT

TOTAL HOURS

TOTAL FEES
REIMBURSABLES BUDGET (0.25% of Subtotal Costs. Includes: Printing, Copying, Deliveries)

TOTAL (INCLUDING REIMBURSABLES)

ESTIMATED FEES & EXPENSES
Tasks Description
(1) Add'l
No. of
Drawings
STANTEC Avant-Garde Monument BESS Total
Billing
Level
Hourly
Rate Description
3 4
5 $117
$128
$146
Junior Level position
❑ Independently carries out assignments of limited scope using standard procedures, methods, and techniques
❑ Assists senior staff in carrying out more advanced procedures ❑ Completed work is reviewed for feasibility and soundness of judgment ❑ Graduate from an appropriate post-secondary program or equivalent ❑ Generally, one to three years’ experience
6 7
8 $150
$160
$170
Fully Qualified Professional Position
❑ Carries out assignments requiring general familiarity within a broad field of the respective profession ❑ Makes decisions by using a combination of standard methods and techniques ❑ Actively participates in planning to ensure the achievement of objectives ❑ Works independently to interpret information and resolve difficulties ❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, three to six years’ experience
9 10
11 $176
$182
$198
First Level Supervisor or first complete Level of Specialization ❑ Provides applied professional knowledge and initiative in planning and coordinating work programs ❑ Adapts established guidelines as necessary to address unusual issues ❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgment
❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, five to nine years’ experience
12 13
14 $208
$219
$230
Highly Specialized Technical Professional or Supervisor of groups of professionals ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Participates in short- and long-range planning to ensure the achievement of objectives ❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures
❑ Reviews and evaluates technical work
❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, ten to fifteen years’ experience with extensive, broad experience 15 16
17 $244
$269
$278
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems for investigation ❑ Participates in discussions to ensure the achievement of program and/or project objectives ❑ Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects
❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, more than twelve years’ experience with extensive experience 18 19
20 21
$284
$295
$306
$324
Senior Level Management under review by Vice President or higher ❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Responsible for long range planning within a specific area of practice or region ❑ Makes decisions which are far reaching and limited only by objectives and policies of the organization ❑ Plans/approves projects requiring significant human resources or capital investment ❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, fifteen years’ experience with extensive professional and management experience Survey Crews
Crew Size
1-Person
2-Person
3-Person
Regular Rate
$220
$345
$470
Overtime Rate
$275
$455
$635
PAGE 16 OF 16

EXHIBIT C

REQUIRED FOR ALL CONTRACTS AWARDED BY THE CITY COUNCIL
(OTHER THAN COMPETITIVELY BID, LABOR, OR PERSONAL EMPLOYMENT CONTRACTS)

LEVINE ACT DISCLOSURES:

1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposals leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):

Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.
_______________________ _____________________________________

DATE SIGNATURE OF AUTHORIZED OFFICIAL
_______________________ _____________________________________

NAME OF COMPANY NAME, TITLE

CITY OF FULLERTON CITY OF BUENA PARK

CITY OF FULLERTON

CITY OF BUENA PARK CITY OF BUENA PARK CITY OF FULLERTON

CITY OF BUENA PARK CITY OF ANAHEIM

CITY OF BUENA PARK CITY OF FULLERTON

CITY OF FULLERTON CITY OF BUENA PARK

COMMUNITY CENTER

CITY HALL / POLICE DEPARTMENT

BUENA PARK
HIGH SCHOOL Whitaker School
Metrolink Station

COMPLETED DALE COMPLETE STREET
PS&E (100% PLANS).

COMPLETED CONCEPTUAL DALE STREET
DESIGN (30% PLANS).

COMPLETED CONCEPTUAL WHITAKER
STREET DESIGN (30% PLANS). MALVERN AVENUE DALE STREET

ARTESIA BOULEVARD

COMMONWEALTH AVENUE

WHITAKER STREET STANTON AVENUE
LEGEND

DALE/WHITAKER COMPLETE STREETS PROJECT

LOCATION MAP

AUTO CENTER DR DALE STREET

ORANGETHORPE AVENUE
City of Buena Park
City Council Regular Meeting Agenda Report
B. RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF CONTRACT WITH BIG BEN ENGINEERING FOR FIRE HYDRANT AND FIRE SERVICE INSTALLATION AT 6591 BEACH BOULEVARD Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B.

Presented By
Hector Guzman, 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 6591 Beach Boulevard Fire Hydrant and Fire Service Line Installation; 2) Award a contract to Big Ben Engineering in the amount of $101,500; 3) Authorize contingency funds in the amount of $10,000 in the same purchase order; 4) Determine that dispensing with competitive formal bidding pursuant to Municipal Code Section 3.28.080(H) is in the best interest of the City; 5) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and 6) Authorize the City Manager and City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
In June 2017, the City Council approved a lease agreement with Perfect Tortilla, Inc. to operate the Poquito Mas Restaurant at the City-owned property located at 6591 Beach Boulevard after the former Tice House Café closed.

The lease agreement with Poquito Mas was for a ten (10) year term with four (4) five-year extension options to extend the lease. In 2022, the owner of Poquito Mas notified the City of their intent to close the restaurant due to financial difficulties stemming from the long closure period during the COVID pandemic. Prior to closing, Poquito Mas was approached by another restaurant operator, who would assume the existing lease and re-open the restaurant under a new name and operator (Mr. Tempo). The owner of Mr. Tempo, Arturo Concha, operates several restaurants in Los Angeles and Orange Counties including locations in Brea, Downey, Santa Monica, and Hollywood. The proposed concept for this location will be a fast casual restaurant that serves breakfast, lunch, and dinner. The City Council authorized City staff to negotiate the terms and conditions of an amended and restated lease agreement with the new business owner and in January 2023, the City Council approved the amended and restated lease. After evaluating the current size and seating capacity of the building/site, Mr. Tempo submitted designs to completely renovate the interior of the existing building and substantially expand the outdoor seating areas to increase seating capacity. This expansion included the construction of 900 square feet of new covered patio space and a new restroom building. Permits were issued for this work in July 2024 and construction commenced in September 2024.

As a result of the expansion of the building, the Orange County Fire Authority is requiring the property to install a new six-inch fire hydrant assembly along with a new four-inch fire water line along the project frontage on Beach Boulevard. The new hydrant and sprinkler system is necessary to ensure adequate water flow for firefighting, particularly in situations requiring high water volume.

While these improvements were triggered by the expansion of the building, the installation of the new hydrant and fire line will benefit both the existing historic building (Tice House), as well as the adjacent Stage Stop Hotel building in the event of a fire. As the property owner for both properties, the City has agreed to share the costs associated with the hydrant and fire line installation with the tenant (Mr. Tempo), who is already investing several hundred thousand dollars into the renovation and expansion of the property. The business owner will reimburse the City for a portion of the costs associated with the fire line installation in the amount of $38,000.

The engineers estimated the project cost to be under $100,000, which made the use of informal bidding procedures acceptable according to the City’s contracting guidelines. In October 2024, staff reached out to four contractors for quotes. However, only one quote was received, from Big Ben Engineering, in the amount of $101,500. This firm has successfully completed several previous City projects, and staff considers their quote competitive. As a result, staff recommends awarding the contract to Big Ben Engineering. Given that the total contract amount slightly exceeds $100,000, staff also recommends the City Council adopt a resolution to waive the formal bidding process, pursuant to Municipal Code Section 3.28.080(H). The contractor holds the necessary licenses.

The construction contract was reviewed and approved by the City Attorney.

With City Council approval, project construction is scheduled to begin in late January 2025, and will be completed by March 2025.

BUDGET IMPACT
The total project cost is $111,500, as shown below:

Construction Contract: $101,500
Construction Contingency: $10,000
Total Project Cost: $111,500
This project will be funded by the Economic Development Fund.

Attachments
Att 1 of 4 Resolution Approving plans and specs for 6591 Beach Blvd Fire Hydrant.pdf Att 2 of 4 Resolution Waiving Formal Bidding.pdf
Att 3 of 4 Public Works Contract for 6591 Beach Blvd.pdf Att 4 of 4 - VICINITY MAP 1.pdf

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK APPROVING PLANS AND SPECIFICATIONS FOR THE 6591 BEACH BOULEVARD FIRE HYDRANT AND FIRE SERVICE INSTALLATION 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:

THE 6591 BEACH BOULEVARD FIRE HYDRANT AND FIRE SERVICE INSTALLATION

PROJECT

PASSED AND ADOPTED this 14th day of January 2025, 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 14th day of January 2025.

_______________________________________
City Clerk
RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BUENA PARK,

CALIFORNIA, WAIVING FORMAL BIDDING AND APPROVING THE

SELECTION OF A CONTRACTOR BY ALTERNATIVE BIDDING
PROCEDURES FOR PROJECT NO. 383: BEACH BOULEVARD FIRE

HYDRANT AND FIRE SERVICE INSTALLATION
WHEREAS, the City of Buena Park (“City”) owns those certain parcels of real property located in the City’s historic district at 6591 Beach Boulevard (“6591 Beach”) and 6631 Beach Boulevard, City of Buena Park, California (“6631 Beach,” and jointly the “Properties”) WHEREAS, 6591 Beach is being leased by the City to a private business owner (“Business Owner”) for purposes of operating a restaurant, and 6631 Beach is the location of the historical Witaker-Jaynes House and local history museum;
WHERAS, to ensure adequate water flow for firefighting in the event of a fire at the Properties, the Orange County Fire Authority has recommended the City install a new 6-inch fire hydrant assembly and 4-inch water line along the street frontage (“Project No. 383”); WHEREAS, the City Engineer has solicited informal bids for contractors to complete Project No. 383 and has recommended the City Council award a contract to Big Ben Engineering in the amount of $101,500 (the “Contract”), of which $38,000 is to be reimbursed by the Business Owner in consideration of the project benefiting its interest in 6591 Beach; and WHEREAS, the actual cost of the Contract to the City will be less than the amount that triggers formal competitive bidding requirements, and the delays associated with formal bidding would undermine the City’s desire to expeditiously protect the Properties from fire, such that the City Council finds and declares that the public interest is bestserved by avoiding delays associated with the formal bidding process specified in Section 3.28.110 of the Buena Park Municipal Code for awarding of a contract to complete the work; and
WHEREAS, pursuant Section 3.28.110(E) of the Buena Park Municipal Code the City Council finds it necessary and appropriate to authorize the use of alternative bidding procedures to identify a contractor to complete the work.

NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BUENA PARK AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated as substantive findings into this resolution.

SECTION 2. The City Council hereby authorizes the use of informal bidding procedures set forth in Section 3.28.100 of the Buena Park Municipal Code to identify and award a contract to complete the scope of work specifically identified as Public Works Project No. 383. The Director of Public Works is authorized and directed to solicit informal proposals from contractors to perform the subject work and to present the proposed project cost and contract award for the City Council’s consideration and approval.

SECTION 3. This Resolution shall become effective immediately, and the City Clerk shall certify to its approval.

PASSED, APPROVED and ADOPTED this th day of January , 2025.

AYES: CITY COUNCILMEMBERS:

NOES: CITY COUNCILMEMBERS:

ABSENT: CITY COUNCILMEMBERS:

ABSTAIN: CITY COUNCILMEMBERS:

Mayor
ATTEST:

City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council for the City of Buena Park held on the day of January 2025.

City Clerk
-iCITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

CONTRACT DOCUMENTS
6591 BEACH BOULEVARD FIRE HYDRANT AND

FIRE SERVICE INSTALLATION
PROJECT NO. 383
BID NO. N/A
JANUARY, 2025
Prepared under the Supervision of:

Mina Mikhael, P.E.

Director of Public Works/ City Engineer
Recommended by:
___________________________
Deepthi Arabolu, P.E., T.E.

Assistant City Engineer
R.C.E. 7574
Approved by:
____________________________
Mina Mikhael, P.E.

Director of Public Works/City Engineer
R.C.E. 84166
-iiTABLE OF CONTENTS
CONTRACT………………………………………………………………………….................... C-1 PAYMENT BOND (LABOR AND MATERIALS)……………………………………………….. C-9 FAITHFUL PERFORMANCE BOND…………………………………………………………… C-11
WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE………………….………. C-13 PROGRESS PAYMENT SIGNATURE AUTHENTICATION…………………………………. C-14

ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY……………………………………………. C-15
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY…………………….. C-17 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY…………………………… C-19 SPECIAL PROVISIONS………………………………………………………………………. SP-1
PART 1: SPECIAL PROVISIONS DEFINED…………………………………. SP-1
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS………………………………………….. SP-1
SECTION 2. SCOPE AND CONTROL OF THE WORK…………………………… SP-5 SECTION 3. CONTROL OF THE WORK…………………………………………… SP-9
SECTION 4. CONTROL OF MATERIALS…………………………………………... SP-15 SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES……………………. SP-15 SECTION 6. PROSECUTION AND PROGRESS OF THE WORK………………. SP-22 SECTION 7. MEASUREMENT AND PAYMENT…………………………………… SP-27
SECTION 8. FACILITIES FOR AGENCY PERSONNEL………………………….. SP-31 SECTION 9. ADDITIONAL TERMS………………………………………………….. SP-31
PART 2: CONSTRUCTION MATERIALS…………….. ……………………….. SP-35 PART 3: CONSTRUCTION METHODS………………………………………… SP-40
PART 4: EXISTING IMPROVEMENTS…………………………………………. SP-50
-iii-
PART 5: PIPELINE SYSTEM REHABILITATION……………………………… SP-53 PART 6: TEMPORARY TRAFFIC CONTROL…………………………………. SP-64
PART 7: STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM……………. SP-66 PART 8: LANDSCAPE AND IRRIGATION……………………………………... SP-67 EXHIBITS:

EXHIBIT A: CONSTRUCTION PLANS
EXHIBIT B: CONTRACTOR’S ESTIMATE
EXHIBIT C: THE LEVINE ACT DISCLOSURE CERTIFICATION
C-1

CONTRACT
C-1

CONTRACT

CITY OF BUENA PARK CONTRACT FOR
6591 BEACH BOULEVARD FIRE HYDRANT AND FIRE SERVICE INSTALLATION “Project”
Project Number: 383
Bid Number: N/A
This CONTRACT (“Contract”) is made and entered this 14th day of January, 2025 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and Big Ben Engineering, a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 774444. 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 working drawings, plans, and specifications for the Project prepared by the City Engineer and dated September 30, 2024, and included in Exhibit “A” to this Contract (“Plans and Specifications”).

C. Contractor’s bid for the Project dated December 9, 2024, and included in Exhibit “B” to this Contract.

D. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
E. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition, as applicable depending on the amount of total Compensation to be paid Contractor;
F. The Contractor’s Bonds for the Bid and the Project;
G. Contractor’s Insurance;
H. Any and all permits from regulatory agencies with jurisdiction issued for the Project; I. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract; and
J. The Levine Act Disclosure certification included in Exhibit “C” to 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. The work generally consists of the installation of a 6” Fire Hydrant Assembly and a 4” Fire Water Line as shown in the Plans and Specifications and in full compliance with the Contract Documents, including but not limited to all preconstruction and site work, potholing, traffic control, erosion control, pavement restoration, flushing, testing, protection of all existing utilities, and any and all other materials, supplies, equipment, labor, work or services needed to complete installation and construction of the Project.

C-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 Ninety Nine Thousand and Five Hundred dollars ($101,500) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable by the City for any and all costs, direct or indirect, of the Contractor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising therefrom. Compensation shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.

4. Term of Contract: The Contractor agrees to complete the work to City’s satisfaction within FIFTEEN (15) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.

5. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:

A. Compensation Insurance.

1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Contract. Further such policy of insurance shall provide that the insurer waives all rights of subrogation against City and its elected 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 provisions before commencing the performance of the work of this contract.” C-3
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 aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

C. Deductibles and Self-Insured Retentions. Any deductibles and/or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The Contractor and City further agree as follows:

1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations 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, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.

C-4

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 Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract.

6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.

7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.

9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.

10. All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) days' prior written notice from insurer to the City.

Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, 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 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 C-5
likely to involve City.

15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.

16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.

17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, 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 Insurers. Coverage shall be written by insurers with a current A.M. Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.

F. Verification of Coverage. Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than 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 required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.

G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any other party involved in the Project by Contractor to carry the same insurance as required herein.

Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Contract. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of such documents will not impose and liability on City, or its employees.

7. Indemnitifcation.

C-6
A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the 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 fullest 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, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or 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 the Project is a public work to which prevailing wages apply.

10. Independent Contractor. The Contractor is retained by the City only to the extent set forth in this Agreement, and the Contractor's relationship to the City is that of an independent C-7
contractor. The Contractor shall be free to dispose of all portions of the Contractor's time and activities that the Contractor is not obligated to devote to the City in such a manner, and to such persons, firms or corporations, as the Contractor sees fit except as expressly provided in this Agreement. Neither the City nor any of its agents shall have control over the conduct of the Contractor or any of the Contractor's employees, except as set forth in this Agreement. The Contractor shall not have the status of an employee under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for the City’s officers or employees. The Contractor shall have no power to incur any debt, obligation or liability on behalf of the City or otherwise act on behalf of the City as an agent. The Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The Contractor shall pay all required taxes on amounts paid to the Contractor under this Agreement, and indemnify and hold the City harmless from any and all taxes, assessments, penalties and interest asserted against the City by reason of the independent contractor relationship created by this Agreement.

11. Safety Requirements. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. The Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. The Contractor shall immediately report to the City any hazardous condition noted by the Contractor.

12. Miscellaneous Terms.

A. Nuisance. The Contractor shall not maintain, commit or permit the maintenance or commission of any nuisance in connection with the performance of services under this Contract.

B. Permits and Licenses. The Contractor , at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

C. Accomplishment of Project. The Contractor shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards.

D. Compliance with Laws. In the performance of the work required by this Agreement, the Contractor shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and with the Municipal Code, ordinances, regulations and policies.

Further, this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works, ”the Contractor shall comply in all respects with the all applicable provisions of the California Labor Code.

E. Severability. If any part, term or provision of this Contract shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Contract , the validity of the remaining portions or provisions shall not be affected by such holding.

C-8
F. Governing Law. The terms of this Contract , and any dispute arising from the relationship between the Parties to this Contract, shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Contract. Any dispute that arises under or relates to this Contract (whether contract, tort or both) shall be resolved in superior or federal court with geographic jurisdiction over the City of Buena Park.

G. 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.

13. 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.

14. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

15. 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.

16. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

C-9

CITY OF BUENA PARK
By:

City Manager
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:

By:

C-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 Big Ben Engineering Inc
4790 Irvine Blvd. #105-404 Irvine, CA 92620 (“Principal”)

(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
6591 BEACH BOULEVARD FIRE HYDRANT AND FIRE SERVICE INSTALLATION (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 One Hundred One Thousand Five Hundred Dollars
Dollars ($ 101,500.00 ), 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 court, 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 C-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”
Big Ben Engineering Inc.

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.

C-12
Bond No. __________

FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), has awarded to _________________ Big Ben Engineering Inc.
4790 Irvine Blvd. #105-404 Irvine, CA 92620 (“Principal”)

(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
6591 BEACH BOULEVARD FIRE HYDRANT AND FIRE SERVICE INSTALLATION (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 One Hundred One Thousand Five Hundred Dollars
Dollars ($ 101,500.00 ), this amount being not less
than 100% of the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations under C-13
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
Big Ben Engineering Inc.

By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

C-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 below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative
C-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)
C-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 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 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 nonrenewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally C-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 hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

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

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained 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 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.

C-19

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

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)
C-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 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.

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.

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 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 C-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 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

□ 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 ________.

C-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)

SPECIAL

PROVISIONS

CITY OF BUENA PARK
Special Provisions
The Standard Specifications for the City of Buena Park shall be the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION (also hereinafter referred to as the Green Book), written and promulgated by the Southern California Chapter, American Public Works Association, and Southern California Districts Associated General Contractors of California Joint Cooperative Committee, including all published amendments thereto except for those provisions that are expressly not incorporated by a provision in the Contract Documents.

Where specified in these specifications, the most recent edition of the Standard Specifications and Standard Plans of the State of California Department of Transportation (Caltrans Standards) shall apply.

Any conflict arising between these modifications and the Standard Specifications for Public Works Construction or the Caltrans Standards shall be resolved by the Engineer, whose decision shall be final.

The Sections that follow supplement, but do not replace, the Standard Specifications, except as otherwise indicated herein. Refer to Section 3-7.2 Precedence of the Contract Documents in the event of any reference conflicts.

PART 1:

SPECIAL PROVISIONS
The following amendments, additions and deletions shall be incorporated into the Green Book:

Unless otherwise noted, the provisions below shall supplement those provisions in Part 1 of the Standard Specifications.

SECTION 1. GENERAL
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Buena Park
Board – The City Council of the City of Buena Park.

Clerk or City Clerk - The City Clerk of the City of Buena Park.

Contract Documents – As defined in Standard Specifications Section 1-2, but also including the Special Provisions.

County – County of Orange, California.

Days - Working days, unless otherwise specified.

Engineer – The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.

Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract.

Project – See Work.

Standard Plans - the Standard Plans of the Department of Public Work/Engineering, City of Buena Park unless otherwise specified in these Contract Documents Standard Specifications – Standard Specifications for Public Works Construction, 2021 Edition or Latest Edition and all supplemental documents issued thereafter.

Caltrans Specifications – Latest Edition.

Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.
1-3.3 Institutions
Abbreviation Word or Words
AAN ................................................................................... American Association of Nurserymen ACI ................................................................................................... American Concrete Institute AGCA ....................................................................... Associated General Contractors of America APWA ................................................................................... American Public Works Association ASME ........................................................................ American Society of Mechanical Engineers CRSI ..................................................................................... Concrete Reinforcing Steel Institute CSI ........................................................................................ Construction Specifications Institute IEEE ........................................................................ Institute of Electric and Electronic Engineers NEC ........................................................................................................... National Electric Code NEMA .................................................................... National Electrical Manufacturers Association NFPA .................................................................................... National Fire Protection Association Caltrans ............... Department of Transportation Standard Plans & Specifications, Latest Edition 1-7 AWARD AND EXECUTION OF THE CONTRACT

1-7.2 Contract bonds: The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 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 until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.

THE PERIOD FOR WHICH THE BONDS ARE VALID MAY CHANGE DEPENDING ON THE

PROJECT
Add Subsection 1-7.3 to the Standard Specifications:
1-7.3 Consideration of Bid: Bids will be opened publicly by the City Clerk or a designated representative on the date and at the time set forth in the “Notice Inviting Sealed Bids or Proposals.” The right is reserved by the Agency, by action of the Board to reject any or all bids, to advertise for new proposals, to negotiate in the open market for a contract at a reasonable price, to purchase in the open market, or to have the work performed by Agency employees, or to abandon the work, if, in the judgment of the Board, the best interests of the Agency will be promoted thereby.

Add Subsection 1-7.4 to the Standard Specifications:
1-7.4 Award of Contract: The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within sixty (60) calendar days after the opening of the proposal unless otherwise specified in the “Notice to Bidders”.

The Agency reserves the right to extend the award of contract period an additional thirty (30) calendar days.

All bids will be compared on the basis of the Agency’s estimate of the quantities of work to be done.

Add Subsection 1-7.5 to the Standard Specifications:
1-7.5 Return of Proposal Guarantees: All proposal guarantees will be held by the Agency until the contract has been signed, after which they will be returned to the respective Bidders whose proposals they accompany. If bids are rejected, the proposal guarantees will be returned after the date of rejection.

Add Subsection 1-7.6 to the Standard Specifications:
1-7.6 Execution of Contract: The contract shall be signed by the successful Bidder and returned together with the contract bonds, within ten (10) calendar days after the Notice of Award of Contract has been mailed, unless otherwise specified by the Agency.

Add Section 1-8 to the Standard Specifications:
1-8 REQUIREMENTS AND CONDITIONS
1-8.1 Availability of Plans and Specifications: Plans and specifications may be examined at and obtained from the office of the Engineer. Copies of the Notice to Bidders and proposal forms are included with the plans and specifications.
1-8.2 Approximate Estimate: The quantities given in the Notice to Bidders, proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the Agency does not, expressly or by implication, agree that the actual amount of work will correspond therewith. For work bid on a lump sum price basis, any estimate of quantities is provided for the convenience of the Bidders and for comparison of bids and is not guaranteed to be correct by the Agency.
1-8.3 Examination of Plans, Specifications and Site of the Work: The Bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications, the plans and contract.
1-8.4 Proposal Form: All proposals must be submitted on forms for that purpose furnished by the Agency. Letters of transmittal cannot be considered as part of the bid. All proposals shall give the prices proposed, both in writing and figures, and shall be signed by the Bidder, who must give Bidder’s address. The Bidder shall fill out all blanks in the proposal form as therein required.

In case of error, unit prices will govern over extensions and written words will govern over numerals, unless it can be established that an obviously incorrect entry has been made.

1-8.5 Rejection of Proposals Containing Alterations or Irregularities: Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, or irregularities of any kind. When proposals are signed by an agent, other than an officer or manager of a corporation or a member of a partnership, a power of attorney or written authorization must be on file with the Agency prior to opening bids or shall be submitted with the proposal; otherwise, the proposal will be rejected as irregular and unauthorized. 1-8.6 Proposal Guaranty: All bids shall be presented in a sealed envelope and shall be accompanied by a “Proposal Guaranty” made payable to the Agency and for the amount equal to at least ten percent (10%) of the bid unless otherwise specified on the “Notice Inviting Sealed Bids or Proposals.” Said guaranty shall be cash, an unconditional certified or cashier’s check, or a bank or postal money order, or bid bond executed as surety by a corporation authorized to issue surety bonds in the State of California.
1-8.7 Withdrawal of Proposals: Any bid may be withdrawn at any time prior to, but not after, the hour fixed in the public notice for the opening of bids, provided that a request in writing executed by the Bidder or his duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid.
1-8.8 Disqualification of Bidders: More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in this or future proposals. Proposals in which the prices are unbalanced may be rejected.
1-8.9 Competency of Bidders: Prior to the submission of bids, the Contractor shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code of the State of California and evidence of such license shall be presented to the Engineer on request.

The Contractor shall possess all valid licenses, certificates and permits as required by the State of California, Orange County and City of Buena Park, in order to properly perform those tasks, functions and duties required in this contract. The selected Contractor shall submit copies of City, County, and State licenses, including business licenses and Contractors licenses. 1-8.10 Experience of Bidders: After the bid opening, the Engineer may require the three lowest bidders to present satisfactory evidence of sufficient experience and that the successful bidder is fully prepared with the necessary capital, materials, machinery and skilled workmen to carry out the contract.
1-8.11 Material Guaranty: Bidders may be required to furnish a complete statement of origin, composition and manufacture of any or all materials to be used in the construction of the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work. 1-8.12 Progress Schedule: Pursuant to Section 6-1.1, the successful Bidder shall submit a progress schedule indicating the time he proposes to utilize in performing the various major divisions of work, and his intended sequence of operations.

SECTION 2. SCOPE AND CONTROL OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 2 of the Standard Specifications.
2-1 WORK TO BE DONE
The general items of work consists of furnishing all materials, equipment, tools, labor, and incidentals needed to complete the project and doing all work necessary as indicated on the plans, specifications and contract documents, including but not limited to:

The work generally consists of the installation of a 6” Fire Hydrant Assembly and a 4” Fire Water Line as shown in the Plans and Specifications and in full compliance with the Contract Documents, including but not limited to all preconstruction and site work, potholing, traffic control, erosion control, pavement restoration, flushing, testing, protection of all existing utilities, and any and all other materials, supplies, equipment, labor, work or services needed to complete installation and construction of the Project
It should be brought to the Contractor’s attention that the quantities shown on the bid sheet are estimates. Payment shall be made per the actual quantities used and in accordance with these Contract Documents and Special Provisions and the Standard Specifications. This Work requires a Class A license.
2-2 PERMITS
Prior to the start of any work, the Contractor shall obtain a no-fee CITY permit from the City of Buena Park and make arrangements for CITY inspections. If applicable, the Contractor shall also obtain a permit from Caltrans prior to work. The Contractor and all subcontractors shall each obtain a CITY business license, and shall be licensed in accordance with the State Business and Professions Code. If applicable, the Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity like Caltrans. The Contractor shall pay all costs incurred by the other permit requirements.

The Contractor shall possess all valid licenses, certificates and permits as required by the State of California, Orange County and City of Buena Park, in order to properly perform those tasks, functions and duties required in this contract. The selected Contractor shall submit copies of City, County, and State licenses, including business licenses and Contractors licenses. 2-4 COOPERATION AND COLLATERAL WORK
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefore.

The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof.

Add Subsection 2-4.1 to the Standard Specifications:
2-4.1 Entry by Utility Owners and Property Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.

Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.

Add Subsection 2-4.2 of the Standard Specifications:
2-4.2 Notice to Remedy
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary.

The cost and expense of said labor and materials, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services
Water - The City will supply the Contractor with all water used during the construction without charge. The Contractor shall, at their own expense, provide facilities for conveying the water from the City's nearest existing fire hydrant, or approved water source, to the point of use. The contractor must apply for a construction water meter ($250 for application) and provide an $800 refundable deposit; NO DIRECT HOOK-UP TO HYDRANTS WILL BE ALLOWED. 2-8 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer. For Time and Material (T&M), contractor shall have the inspector’s approval by signing the extra hours and/or materials on a daily bases. THE CITY WILL NOT PAY ANY

INVOICE WITHOUT A SIGNATURE OF THE INSPECTOR FOR THE EXTRA HOURS AND/OR MATERIALS ON THE DAILY BASES REPORT.

Add Subsection 2-8.1 to the Standard Specifications:
2-8.1 Markup, Work by Contractor: The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit:

1. Labor....................................................... 20%

2. Materials................................................... 15%

3. Equipment Rental..................................... 15%

4. Other Items and Expenditures................. 15%
To the sum of the costs and markups provided for this subsection, 1 percent shall be added as compensation for bonding. To the sum of the costs and markups provided for this To the sum of the costs and markups provided for this subsection, 1 percent shall be added as compensation for bonding.

Add Subsection 2-8.2 to the Standard Specifications:

2-8.2 Work by Subcontractor: When all or any part of the extra work is performed by a Subcontractor, the markup established in 2-8.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor.

Add Subsection 2-8.3 to the Standard Specifications:
2-8.3 Daily Reports by Contractor: The Contractor’s cost records pertaining to work paid for on a time and materials basis shall be open to inspection or audit by representatives of the Agency, during the life of the contract and for a period of not less than three (3) years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the Agency on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when such audit is to begin.

Add Section 2-11 to the Standard Specifications:
2-11 NOTIFICATION
The Contractor shall notify the Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:

CITY OF BUENA PARK POLICE
DEPT (714) 562-3940
Attention: Traffic Division

ORANGE COUNTY FIRE

AUTHORITY
................................................................................................. (714) 527-3955
PARK

DISPOSAL
................................................................................................. (714) 522-3577

AMERICAN MEDICAL

RESPONSE
................................................................................................. (714) 808-2288

BUENA PARKSCHOOL

DISTRICT
................................................................................................. (714) 522-8412
ORANGECOUNTY TRANSPORTATION AUTHORITY……… (714) 530-6060 (BUS OPERATIONS)
SECTION 3. CONTROL OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 3 of the Standard Specifications.
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective.

Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.
3-2 SELF PERFORMANCE
The Contractor shall perform, with its own organization, contract work to amount to at least 50 percent of the contract price, except that designated “Specialty Items” may be performed by the subcontractor and the amount of any such “Specialty Items” performed may be deducted from the contract price before computing the amount required to be performed by the Contractor with its own organization.
3-5 INSPECTION
The Contractor shall give the Engineer notice of the time when the Contractor or any subcontractor will start the various units or operations of the work. Notice shall be given at least forty-eight (48) hours minimum in advance of starting or resumption time exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the Engineer to make the necessary assignment of a representative or inspector on the work. Any work performed by the Contractor or subcontractor(s) in conflict with said notice shall be removed if so ordered by the Engineer or the representative or inspector on the work.

The Contractor shall give 48-hours minimum advance notice to the Engineer for specific inspections or testing activities. The inspection of the work shall not relieve the Contractor of any of the obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work or unsuitable materials may have been previously overlooked by the Engineer and accepted or estimated for payment.

Any project undertaken by the Agency in cooperation with, or under the control or supervision of, another public or quasi-public entity shall be subject, at all times, to inspection by the participating entity. The Contractor shall be responsible for coordinating inspections with all agencies having jurisdiction.
3-7 CONTRACT DOCUMENTS
3-7.1 General: In addition to the requirements under Section 3-7.1 in the Standard Specifications, the Contractor shall maintain an approved set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions.

This approved set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction.

Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bidsheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 3-7.2 Precedence of the Contract Documents:

If there is a conflict with any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control.
3-9 SUBSURFACE DATA
If the City, or its consultants, have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the office of the City Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.

The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City.
3-10 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related work.

Construction surveying and staking shall be provided by the City.

Re-staking and replacement of construction survey markers damaged as a result of the work, vandalism, or accident shall be at the Contractor’s expense.

Contractor shall re-establish centerline monuments damaged or destroyed during work and file post construction corner records with the Orange County Surveyor’s office to verify existing monuments are preserved and/or perpetuated. Copies of post construction corner records shall be submitted to the City.
3-11 CONTRACT CONSTRUCTION INFORMATION SIGNS
Two (2) Construction Information Signs (See attached sign layout detail – City Std 439A) shall be furnished, erected and maintained by the Contractor at the job site, at least ten (10) days prior to beginning construction. The location of the two (2) Constructions Information Signs shall be approved by the Engineer.
3-12 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. The construction area shall be cleaned by the use of a wet mobile sweeper, a minimum of once a day, or as directed by the Engineer. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged with mark-up to the Contractor and deducted from the Contract Price. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

The Contractor shall make its own arrangements for any necessary storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may only be used for temporary storage with the explicit written permission of the Engineer; however, the Contractor shall be responsible for obtaining any necessary permits from the City and any agency having jurisdiction. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
3-12.2 Air Pollution Control: Air pollution control shall consist of applying water or dust palliative, (reducer) or both, for the alleviation or prevention of dust nuisance. Dust resulting from the Contractor's performance of the work, either inside or outside the right-of-way, shall be controlled by the Contractor.

It is understood that the provisions in this section will not prevent the Contractor from applying water or dust palliative for their convenience if they so desire. 3-12.3 Noise Control: A noise level limit of 86dbA at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The noise level from the Contractor's operations between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, or at any time on Saturday, Sunday or a City holiday shall be in accordance with the County ordinance covering "Noise Control."
This requirement in no way relieves the Contractor from responsibility for complying with other local ordinances regulating noise level. The Contractor shall comply with all local sound control and noise control rules, regulations and ordinances, which apply to any work performed pursuant to this contract.

The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
3-12.4 STORAGE OF EQUIPMENT AND MATERIALS
3-12.4.2 Storage in Public Streets: Construction materials and equipment shall not be stored in streets, roads, City property, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.
3-12.6 WATER POLLUTION CONTROL
3-12.6.1 Water Pollution Control: It is anticipated that storm, surface, and subsurface waters will be encountered at various times and locations during the work. Such waters may interfere with Contractor's operations and may cause damage to his/her operations, and private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the Contractor. The Contractor, by submitting a bid, assumes all of said risk, and the Contractor acknowledges that its bid was prepared accordingly.

The Contractor shall conduct their operations in such a manner that storm or other waters may proceed in a legal and safe manner, with minimal public impact. Drainage of water through existing catch basins shall be maintained and protected from inclusion of sediment at all times.

Diversion of water for short reaches to protect construction in progress may be authorized when, in the opinion of the Engineer, existing drainage facilities or adjacent properties are not subject to the probability of damage.

In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bituminous or other harmful materials and shall be responsible for removing said materials in the event that protection measures are not effective. 3-12.6.2 Best Management Practices (BMPs): The Contractor shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, NPDES General Permit No.CAS000002 (Order No. 2009-0009-DWQ), the Waste Discharge Requirements for the County of Orange and the Regional Water Quality Control Board for the Santa Ana Region (Order No. R8-2009-0030 and NPDES No. CAS618030) and City of Buena Park requirements for the Control of Urban Pollutants to Storm Water Runoff.

The Contactor shall confirm that all of the Best Management Practices (BMP's) have been adequately detailed and addresses his or her anticipated construction operations and meets the intent of the NPDES requirements.

The Contractor shall utilize Best Management Practices (BMP's) during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this project include, but are not limited to, covering all storm drains inlets in the project vicinity with water permeable fabric and gravel bags prior to performing any AC grinding, removal or paving operations; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the City of Buena Park. Stockpiling construction debris and materials within the work area will not be allowed without the prior approval of the Engineer. The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. Regional Water Quality Control Board (Order No. R8-2009-0030 and NPDES No.

CAS618030)

2. Caltrans

3. County of Orange (Construction Runoff Guidance Manual – September 2008)

4. City of Buena Park & NPDES General Permit Requirements (No. CAS000002 and Order No. 2009-0009-DWQ) including BMP's
3-13 COMPLETION, ACCEPTANCE AND WARRANTY
3-13.2 Acceptance: The Project will not be accepted and a Notice of Completion will not be filed until all required Work is completed, the Work site is cleaned up, all Contract provisions have been completed and accepted by the Engineer, and all of the following items have been received by the Engineer:

1. A form of Notice of Completion, with all information required by the California Civil Code;

2. All written guarantees, certificates, and warranties;

3. All “as-builts”;

4. The warranty or maintenance Bond or proof from the Surety of the extension of the performance Bond, as more specifically detailed in Section 1-7.2 of these General Provisions; and

5. Electronic and hard copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the mechanical, electrical, plumbing, irrigation, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.

Add subsection 3-13.3.1 to the Standard Specifications:
3-13.3.1 Warranty: For the purpose of calculating the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion.

The Contractor hereby guarantees that the entire work constructed under the contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished. The Contractor hereby agrees to make, at his/her own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied to him/her that become evident within one year after the date of filed Notice of Completion, and to restore to full compliance with the requirements of these specifications including the test requirements set forth herein for any part of the work constructed hereunder which during said one year period is found to be deficient with respect to any provisions of the specifications. The Contractor also agrees to hold the City harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements within seven (7) calendar days upon receipt of written orders for same from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost thereof.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

SECTION 4. CONTROL OF MATERIALS
Unless otherwise noted, the provisions below shall supplement those provisions in Section 4 of the Standard Specifications.
4-1 GENERAL
The Contractor shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.
4-3 INSPECTION
4-3.3 Inspection of Materials Not Locally Produced: When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles (80 km) outside the geographical limits of the Agency, an inspector or accredited testing laboratory, assigned by the Engineer, shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. Contractor shall inform the Engineer before producing any material or equipment. The inspector or representative of the testing laboratory shall approve the materials by the requirements of the Plans and Specifications. No materials or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the agent. Approval of said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-4 TESTING
Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-6 TRADE NAMES
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor. The Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer’s approval.

SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES
Unless otherwise noted, the provisions below shall supplement those provisions in Section 5 of the Standard Specifications.
5-3 LABOR
5-3.1 General: The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 etseq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.

5.3.2 CWA; Registration of Workers: The project is subject to the City’s Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions (“CWA”). . The Contractor and each Subcontractor must submit a Letter of Assent agreeing to be bound to the terms and conditions of the CWA. Per Section 3.8 of the CWQ, Contractors that are not a signatory to a collective bargaining agreement unions that are a signatory to the CWA must register the contractors’ own workers (“Core Employees”) with the appropriate union hall prior to performing work on the project. The contractor must provide a listing of their Core Employees to the City’s CWA Administrator and the union prior to starting work. To qualify as a Core Employee, the employee must have been on the contractor’s active payroll for sixty (60) of the one hundred (100) working days prior to project award and have worked at least two thousand (2,000) hours in the craft that they are employed within the previous four (4) years.

Core Employees are to be used in a one-to-one ratio with referred workers from the union hall until a maximum of five (5) total Core Employees are used, and any additional workers shall to be referred from the union. .
5-3.2 Prevailing wages
Add Subsection 5-3.2.1 to the Standard Specifications:
5-3.2.1 Copies of Wage Rates: Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall (Department of Public Works) and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.

Add Subsection 5-3.2.2 to the Standard Specifications:
5-3.2.2 Job Site Notices: The Contractor is required to post job site notices, as prescribed by regulation.

Add Subsection 5-3.2.3 to the Standard Specifications:
5-3.2.3 Failure to Pay Prevailing Rates: The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor. 5-3.2.4 Fringe Benefits: CWA Section 5.2 requires all employee fringe benefits be paid to the appropriate Union Trust Fund in the amounts designated in the Union MLA. Employee fringe benefit contributions paid to other funds do not count towards this requirement.

Add Subsection 5-3.2.4 to the Standard Specifications:
5-3.2.5 Apprentices: The Contractor shall comply with and be bound by the provisions of CWA Article 12.2, Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. The Contractor shall ensure that all apprentices performing work on the project work under the direct supervision of a journey worker from the trade in which the apprentice is indentured. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

Add Subsection 5-3.2.5 to the Standard Specifications:
5-3.2.6 Debarment or Suspension: The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

Add Subsection 5-3.2.6 to the Standard Specifications:
5-3.2.7 Registration with the DIR: In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Add Subsection 5-3.2.7 to the Standard Specifications:
5-3.2.8 Compliance Monitoring and Posting Job Sites: This Project is subject to compliance monitoring and enforcement by the DIR, CWA Administrator, and unions signatory to the CWA.

The Contractor shall post job site notices, as prescribed by regulation.

Add Subsection 5-3.2.8 to the Standard Specifications:
5-3.2.9 Subcontractors: For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.

Add Subsection 5-3.2.9 to the Standard Specifications:
5-3.2.10 Taxes: The Agency is liable for the State Sales Tax and where the County of purchase has adopted the Uniform Sales Tax Law and a City and/or County tax is collected by the State, the Agency is liable for this tax also. Include this tax in the amount bid.

The Agency is exempt from the Federal Excise Tax and exemption certificates will be furnished.

In certain instances, the Contractor and subcontractor(s) may be liable for Federal Excise Tax.

The Contractor must determine whether Federal Excise Tax is chargeable to the bidder and, if so, the amount of the tax should be included in the amount bid.

Add Subsection 5-3.2.10 to the Standard Specifications:
5-3.2.11 Prevailing Wage Indemnity: To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.2.9 shall survive expiration or termination of the Contract.

Add Subsection 5-3.2.11 to the Standard Specifications:
5-3.2.12 Responsibility for Damage: The City, the Board and the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance.

The Contractor shall be held responsible for any and all loss, accidents, injury or damage to persons or property which may be the result of this contract and for which the City might be held liable. The Contractor shall protect and indemnify the Agency and save it harmless in every way from all claims, suits, or acts of law for damage or injury to persons or property that may arise or be occasioned in any way because of this contract. The City may retain so much of the money due the Contractor as shall be considered necessary, until disposition has been made of such suits or claims for damages as aforesaid.

Add Subsection 5-3.2.12 to the Standard Specifications:
5-3.2.13 Contractor's Responsibility for Work: Until the formal acceptance of the work, the Contractor shall have the charge and care thereof, except as provided in § 7-2.9, and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before final acceptance and shall bear the expense thereof, except such injuries or damages as occasioned by Acts of War.

Add Subsection 5-3.2.13 to the Standard Specifications:
5-3.2.14 Correction of Errors, Recovery for Errors, Dishonesty or Collusion: The City reserves the right to correct any error that may have been made in any estimate that has been paid. The City also reserves the right to claim and recover, by process of law, any sums sufficient to correct any error or make good any deficiency in the work resulting from such error or from dishonesty or collusion between any of the parties or individuals having dealings pursuant to the construction of the work, regardless of when such error, dishonesty or collusion shall be discovered.

Add Subsection 5-3.2.14 to the Standard Specifications:
5-3.2.15 Rights in Materials and Salvage: Ownership of material incorporated in the work is vested in the name of the City. Any material delivered and paid for in part by the City or any material furnished by the City to be incorporated in the work, is or becomes the property of the City upon acceptance. Any salvageable materials or installations existing at the site of the work (such as manhole rings and covers, catch basin gratings, angle iron, pipe railings, valve boxes and lamp pole boxes, and other steel, cast iron or metallic materials), as determined by the Engineer, that are the property of the City, if they are to be removed, shall be delivered F.O.B. to the storage yard designated by the City. The salvageable materials shall be cleaned of clinging concrete and debris and delivered to the storage yard in the same condition as it existed prior to removal, unless the Contractor is instructed otherwise by the Engineer. 5-3.3 Payroll Records: The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) submit certified payroll to the City; (3) certify and make such payroll records available for inspection as provided by Section 1776, and (4) inform the City of the location of the records.

The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. CWA Section 5.2 also requires the Contractor and all Subcontractors pay fringe benefit contributions to the appropriate union trust fund on a monthly basis.
5-3.4 Hours of Labor: The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-7 SAFETY
Contractor shall comply with all established government laws and regulations pertaining to the construction of public improvements as well as safety procedures, and will be responsible for applying and using safety equipment as necessary to protect personnel, property and the traveling public. Contractor shall use both street tubular delineators and warning signs to inform the public of work being conducted in accordance with established California State Standards. The Contractor shall provide Health and Safety Plan in accordance with local, State and Federal codes. Contractor shall designate or employ a full time safety officer for all work on this Project. 5-7.8 Steel Plate Covers: The Contractor shall provide and maintain non-skid steel traffic plates securely over all openings, trenches and excavations, and whenever required, at the end of each working day. The plates shall be pinned and ramped with temporary asphaltic concrete. Steel plates utilized on arterial highways, roadway with a posted speed limit of 30mph or greater, or as designated by the Engineer, shall be pinned and recessed flush with existing pavement surface.

Add Subsection 5-7.9 to the Standard Specifications:
5-7.9 Haul routes: The Contractor must obtain the Engineer’s approval before using any haul routes.

Add Subsection 5-7.10 to the Standard Specifications:
5-7.10 Notices to Residents and Businesses: Five (5) calendar days prior to the start of construction, the Contractor shall distribute to the residents a written notification prepared by the Contractor, approved by the Engineer, clearly indicating project scope, specific construction dates, parking and circulation impacts, any disruptions that may occur, and approximately when construction is expected to be completed.

Errors in distribution, false starts, acts of God, strikes, or other schedule alternations will require re-notification prepared by the Contractor, approved by the Engineer. “NO-PARKING” signs shall be furnished by the City and posted by the Contractor no later than 48 hours prior to the enforcement date. The date and hours of effect shall be written on the sign, by the Contractor. The number, spacing and location of signs shall be as directed by the Engineer.

The Contractor shall maintain the signs throughout the enforcement period. Arrangements shall be made by the Contractor to satisfy the applicable ADA requirements.

The Contractor shall install signs stating "Business open during construction" and signs stating “Access" with arrows at business driveways as directed by the Engineer.

Add Section 5-8 to the Standard Specifications:
5-8 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.

Photographic and video records of existing conditions prior to commencing the work shall be made and copies provided to the Engineer.

Existing improvements to be protected in place, which are damaged or destroyed due to the Contractor's own convenience and/or negligence, shall be reconstructed to the satisfaction of the Engineer within three (3) calendar days with no additional compensation allowed therefore.

The Contractor shall use special care when cold milling adjacent to existing concrete gutters so as not to chip or damage the surface. Sidewalk and gutters damaged due to Contractor’s operations shall be replaced at the Contractor’s expense.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

Add Section 5-9 to the Standard Specifications:
5-9 ADVERTISING
The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

Add Section 5-10 to the Standard Specifications:
5-10 LAWS TO BE OBSERVED
The Contractor shall keep itself fully informed of all State and National laws and all municipal ordinances and regulations of the Agency which in any manner affect those engaged or employed in the work, or which in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations.

The Contractor shall at all times observe and comply with, and shall cause all of the Contractor’s agents, employees and subcontractors to observe and comply with all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City, the Board and the Engineer, and all of its and their elected and appointed officials, officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Engineer.

Add Section 5-11 to the Standard Specifications:
5-11 RECYCLING OF MATERIALS
Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required
The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.

Add Section 5-12 to the Standard Specifications:
5-12 RECORD/AS-BUILT DRAWINGS
The City will furnish the Contractor with a complete set of blueline drawings on which the Contractor shall clearly note all changes made for locations of service lines, manholes, connections to existing facilities, stub-outs, etc. These drawings shall be kept up to date as the job progresses and no changes in the plans shall be made without prior approval of the Engineer.

BEFORE FINAL PAYMENT will be made, these drawings must be returned to the City in an accurate and legible condition.

SECTION 6 PROSECUTION AND PROGRESS OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 6 of the Standard Specifications.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule: In addition to the construction schedule required pursuant to section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice, or at a frequency directed by the Engineer. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One (1) week before the scheduled pre-construction meeting, the Contractor must submit a construction schedule to the Engineer for review and acceptance. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work, material procurement, providing continuous public access, and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; and/or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.

Add Subsection 6-1.1.1 to the Standard Specifications:
6-1.1.1 Pre-Construction Conference: Approximately ten (10) working days before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Working Days before the pre-construction conference. The Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent and the Project manager.

Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining utility service during construction, including proposed by-passes. 8) NPDES/BMP requirements.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.

Add Subsection 6-1.1.2 to the Standard Specifications:
6-1.1.2 Pre-Job Conference: CWA Article 13 requires that the Contractor and each Subcontractor conduct a pre-job conference with the appropriate affected Unions prior to commencing work. The Contractor and each Subcontractor shall disclose to the Unions their scope of work and which Union(s) they are assigning their work to. Additional Pre-Job Conferences can be held for scopes not covered by the initial Pre-Job Conference, but must occur before the scope of work commences.
6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The City Engineer will prepare the meeting agenda, meeting minutes and will distribute minutes. If determined by the City Engineer that weekly meetings are not necessary, the weekly progress meetings frequency may be changed.

Add Section 6-1.1.3 to the Standard Specifications:
6-1.1.3 Scheduling Considerations
Contractor shall not open any construction areas that cannot be replaced on the same workday.

Unless otherwise directed/approved by the City Engineer, all traffic lanes shall be opened to vehicular traffic at the end of each work period (day or night). Temporary striping or slurry tabs shall be placed daily on recently completed work. Contractor shall be responsible for maintaining any temporary striping until permanent striping is applied and accepted.

Asphalt removals, grading, compaction of subgrade and construct asphalt concrete base coarse shall take place on a continuous sequential operation.
6-1.2 Commencement of Work: The Contractor shall complete all Work under the Contract within FIFTEEN (15) Working Days from the Notice to Proceed (NTP). The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the NTP. A “Preliminary Notice to Proceed” will be issued if the period between the period of the Notice of Award and NTP is required to process Shop Drawings and begin procuring equipment and materials.
6-3 TIME OF COMPLETION
6-3.1 General: The Contractor shall complete all work including punch list items under the Contract within FIFTEEN (15) CONSECUTIVE WORKING DAYS after the date on the Notice to Proceed.

The Contractor shall ensure the availability and delivery of all material prior to the start of work.

Unavailability of material will not be sufficient reason to grant the Contractor an extension of the time for 100 percent completion of Work.

Add Subsection 6-3.1.1 to the Standard Specifications:
6-3.1.1 Working Hours: Working hours shall be limited to 7:00 a.m. and 4:00 p.m. Monday to Friday, unless otherwise authorized, in writing, by the Engineer. Lane closure shall be limited to the hours between 8:00 a.m. and 4:00 p.m., except for arterials as defined by the Engineer (9:00 a.m. to 3:30 p.m.). Deviation from these hours will not be permitted, without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of requested deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time.

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

A permit may have other hours or Days for the Contractor to do the Work, of which the stricter shall prevail, unless otherwise noted by the Engineer.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give two (2) Work Days’ notice to the Engineer so that inspection may be provided.

Add Subsection 6-3.1.2 to the Standard Specifications:
6-3.1.2 Designated Holidays: Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day (4th of July), Labor Day, Veterans Day, Thanksgiving, and the Friday after, and the period between Christmas Eve and New Year’s Day. Contractor should also consult posted prevailing wage holidays for each craft used on the DIR website https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) Working Day will be granted for each such Day.
6-4 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-4.2 Extensions of Time: In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City.

Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays: Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor may be entitled to a Change Order that:(1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-8 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contractor any other reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined in Section 6-8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-3.1 for completion of work, the contractor shall pay to the City or have withheld from moneys due it, the daily sum of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remain incomplete beyond the expiration of the completion date. The City may deduct the amount of liquidated damages due hereunder from any monies due or that may become due the Contractor under this Contract.

Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time.

For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefore and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 6-4 of the Standard Specifications.

SECTION 7. MEASUREMENT AND PAYMENT
Unless otherwise noted, the provisions below shall supplement those provisions in Section 7 of the Standard Specifications.
7-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer.
7-3 PAYMENT
7-3.1 General: In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.

The unit and lump prices bid for each item of work shown on the bid shall include full compensation, including all labor, tools, equipment, and material, to complete the item of work in place, and no other compensation will be allowed thereafter. The following bid items of work pertain to the bid items included within the Bid. Incidental items of work not separately listed shall be included in the prices show for other related items of work.

ITEM 1) Install New 6 Inch Fire Hydrant Assembly: Work under this item shall include, but not limited to conduct construction operations to install a 6 inch Fire Hydrant as shown in the Plans and Specifications and in full compliance with the Contract Documents, including but not limited to all preconstruction and site work, potholing, traffic control, erosion control, pavement restoration, flushing, testing, protection of all existing utilities, and any and all other materials, supplies, equipment, labor, work or services needed to complete installation and construction of the Project.

Payment: The price for this item shall be paid in Lump Sum (LS), which includes full compensation for furnishing all labor, materials, tools, equipment, appurtenances, etc., which are required to do all work involved in this item as specified and no additional compensation will be allowed therefore
ITEM 2) Install New 4 Inch Fire Service Line: Work under this item shall include, but not limited to conduct construction operations to install a 4 inch Fire Service Line as shown in the Plans and Specifications and in full compliance with the Contract Documents, including but not limited to all preconstruction and site work, potholing, traffic control, erosion control, pavement restoration, flushing, testing, protection of all existing utilities, and any and all other materials, supplies, equipment, labor, work or services needed to complete installation and construction of the Project.

ITEM 3) Traffic Control including Computerized Message Signs: Work under this item shall include, but not limited to, delivering all required notifications; posting all required signage; following the Traffic Control Plan (TCP) and Mobilization and De-Mobilization. Any proposing changes to the TCP for City approval, providing traffic detour plan, providing access to businesses at all times with traffic grade steel plates, implementing the necessary TCP devices; and providing all necessary traffic control devices to complete the Work in place, as required by the Contract Documents. In addition, contractor shall provide, erect and maintain two (2) Computerized Message Signs on both ends of the project advising motorists of the construction ten (10) days prior to beginning construction. Exact placement of Computerized Message Signs shall be approved by the City.

TO BE COMPLETED FOR EACH BID ITEM AS ABOVE
MOBILIZATION AND/OR DEMOLITION: Work under this item shall include, but not limited to, providing bonds, insurance, financing; establishing a field office; preparing the SWPPP and/or BMP plans; preparing/inspecting/monitoring/enforcing all SWPPP/BMP items; complying to all noise control, dust control, water control, and other environmental regulations; coordinating and providing temporary utility services; obtaining all applicable permits; coordinating with stakeholders and agencies having jurisdiction; installing construction signs; distributing notifications; and all other items to complete the Work in place, as required by the Contract Documents. This item also includes work to demobilize from the Project site, including, but not limited to, site clean-up, USA marking removals, and providing any required close-out/acceptance documentation. This Mobilization and/or Demolition item shall be included in the Bid Items.

No additional compensation will be allowed.

TRAFFIC CONTROL: Work under this item shall include, but not limited to, delivering all required notifications; posting all required signage; preparing traffic control plans prepared and signed by a California-registered Professional Civil Engineer or a Traffic Engineer and providing all necessary traffic control devices to complete the Work in place, as required by the Contract Documents. In addition, it including labor, materials tools, equipment, location markers for fire hydrants and all other associated appurtenant work in conformance with the Contract Documents, Approved Plans, Specification, and all other work to completed the this task for all the bid items (1-12) listed above and Sheet B-3 of this project. This Traffic Control item shall be included in the Bid Items. No additional compensation will be allowed.

STEEL PLATES: Work under this item shall include, but not limited to, when excavation in the traveled way, whether transverse or longitudinal, cannot be properly completed within a work day, steel plate bridging will be required to preserve unobstructed traffic flow in City streets and roadways. In such instances the following applies:

Steel Plates Requirements:

1. Steel plates must be able to withstand H-20 traffic loading without any movement.

2. Steel plates shall be fabricated to meet ASTM A36 steel requirements.

3. When two or more of plates are used, the plates shall be tack welded together at each corner to reduce or eliminate vertical movement. Alternative methods to accomplish this, such as metal connectors, will be considered for approval on case by case basis.

4. Steel plates shall be installed to resist bending, vibrations, etc., under traffic loads and shall be anchored securely to prevent movement. If these conditions are not met, the applicant will be required to backfill and pave the excavation daily, or use alternative methods such as “Plate Locks” which are designed to secure the plates with minimum noise and vibration.

5. All steel plates within the right-of-way, whether used in or out of the traveled way, shall be without deformation. The plate surface must not deviate more than 1/4 inch when measured with a 10-foot straight edge along the length of the plate.

6. It is the responsibility of the Contractor to perform and document daily inspections of all active plate(s) or unattended plate(s) location(s), and where necessary take appropriate measures to protect the public safety until work is completed. This documentation shall be available to the City inspector upon request. No un-plated excavation shall be left unattended overnight.

7. In the event of improper installation of the steel plates that presents a nuisance or a public safety problem, the Contractor shall respond to all excavation restoration requests by the City immediately upon notification. Non-responses will result in the required restoration work being done by the City, with all expenses to be paid by the Contractor.

8. Steel plates must extend a minimum of 12-inches beyond the edges of the excavation.

9. Before steel plates are installed, the excavation shall be adequately shored to support the bridging and traffic loads.

10. Temporary paving with a cold asphalt mix should be used to feather the edges of the plate to form a wedged taper to cover the edges of the steel plate. Other alternative methods to accomplish this will be considered for approval.

11. Wedges or other non-asphaltic devices shall be used for leveling as required to eliminate rocking of the plates. Compacted temporary asphalt shall be used to fill all gaps between the plates and existing pavement surfaces.

Steel Plates Installation:

Steel plate placement on traverse and longitudinal excavations shall be in accordance with the following:

Steel Plate Installation Street/Road Type Posted Speed Limit Steel Plate Thickness *Type 1 Urban/Residential 35 MPH or Less 1-Inch Minimum *Type 1 installation shown in Figure below, shall be used in areas where backfilling operations of an excavation in the traveled way, whether traverse or longitudinal cannot be properly completed within the same day, and the posted speed limit is 35 MPH or less. The steel plate shall be anchored securely to prevent movement. Temporary paving with a cold asphalt mix, or approved equal, should also be used to feather the edges of the plate to form a wedged taper to cover the edges of the steel plate.

Type 1 Installation
7-3.2 Partial and Final Payment
Add Subsection 7-3.2.1 to the Standard Specifications:
7-3.2.1 Monthly Closure Date and Invoice Date: The monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the fifth(5th) Day of the following month for verification and payment consideration. The Contractor shall verify all quantities with the City Inspector before payment request submittal.

Add Subsection 7-3.2.2 to the Standard Specifications:
7-3.2.2. Payments: The City shall make payments within thirty (30) Days after receipt of the Contractor’s verified and undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, and shall explain in writing the reasons why the payment request is not proper.

Add Subsection 7-3.2.3 to the Standard Specifications:
7-3.2.3 Substitute Security: In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.

SECTION 8. FACILITIES FOR AGENCY PERSONNEL
Unless otherwise noted, the provisions below shall supplement those provisions in Section 8 of the Standard Specifications.

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

Add Section 9 to the Standard Specifications:

SECTION 9. ADDITIONAL TERMS
9-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.
9-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The Contractor should sign and return the Notice to Proceed to the City prior to commencement of work. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 9-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 3-13.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
9-4 CLAIM DISPUTE RESOLUTION
a. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertains to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. b. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810etseq.) with regard to filing claims and to Public Contract Code Section 20104 etseq. (Article 1.5) regarding the resolution of public works claims of three hundred seventy-five thousand dollars ($375,000) or less. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 etseq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, etseq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 etseq. (if applicable), and must then adhere to Section 20104, etseq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
9-5 CWA Grievance Procedure
In the event of any dispute regarding the CWA between the contractor, their employees, or the signatory unions, the contractor agrees to follow the grievance procedures as outlined in CWA Article 9.
9-5 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
9-6 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-7 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-8 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 9-9 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Contract shall be in the Orange County Superior Court. 9-10 TIME
Time is of the essence in these Contract Documents.
9-11 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.

The Contractor shall include this provision in all contracts with all Subcontractors. 9-12 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
9-13 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.
9-14 INDEMNIFICATION
9-14.1 Contractor’s Duty: To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.
9-14.2 Civil Code Exception: Nothing in this Section shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 9-14.3 Nonwaiver of Rights: Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
9-14.4 Waiver of Right of Subrogation: The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 9-14.5 Survival: The provisions of this Section shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 9-15 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 9-16 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
9-17 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

PART 2:

CONSTRUCTION MATERIALS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 2 of the Standard Specifications.

SECTION 200 ROCK PRODUCTS
200-2 UNTREATED BASE MATERIALS
In the event of wet soil conditions, aggregate base shall be constructed as directed by the Engineer.

The gradation shall be ¾” (20 mm) maximum. Changes from one grading to another shall not be made during progress of the work, unless permitted by the Engineer.

The subgrade shall be compacted to 95% with moisture contents within 2% of optimum. The finished subgrade shall not deviate more than 0.03 feet from the design grade. Lightweight compaction equipment shall be used to avoid subgrade pumping.

NO CRUSHED MISCELLANEOUS BASE (CMB) IS ALLOWED.

SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
Concrete to be used for curb and gutter, sidewalk, drive approaches, and parkway culverts shall be designated Class 560-C-3250 mix with maximum slump of 4" (100 mm). Cross gutters, longitudinal gutters, spandrels, concrete band, colored concrete, catch basin local depression shall be 4,500 psi concrete mix with a maximum slump of 4" (100 mm). Contractor may use fly ash with an exclusive written approval of the Engineer. Cross gutters shall be constructed per City of Buena Park Standard Plan105 and as shown of the plans, 4,500 psi concrete. Longitudinal gutters shall be constructed per Green Book Standard Plan 122-2 as modified as shown in the plans, 4,500 psi concrete. The Contractor shall provide 1-1/2” thick steel traffic plates to bridge new cross gutters. Contractor shall remove a minimum of 25’ of existing A.C. on both sides of the cross gutter/spandrel or as directed by the Engineer and replace to match existing.

Concrete mix design shall be submitted to the Engineer ten (10) working days prior to use. 201-3.7 Type “D” Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant) (CRACK SEALING)
After cold milling and prior to the placing of new asphalt, concrete pavement cracks greater than 1/8" will be routed, cleaned and filled with hot asphalt rubber joint and crack sealant conforming to Standard Specifications Section 201-3.7 (Type "D" Joint Sealant (Hot-Poured Rubber-Asphalt Joint sealant)). Cracks less than 1/8" wide shall not be filled. Cracks greater than 1/8" up to and including 3/8" shall be routed to a width of 1/2" and a depth of 3/4". Cracks greater than 3/8" need not be routed.

All cracks shall be blown clean using not less than 175 cfm air compressor at 110 psi just prior to sealing. Loose material between cracks larger than 3/8" shall be removed by gouging or plowing and the crack shall be brushed and blown clean with compressed air just prior to sealing.

Sealant shall be topped off where settling occurs. Depressed areas adjacent to cracks shall be filled to road level by use of a straight squeegee. Excess material shall be leveled off at all cracks.

Sealant shall be applied according to manufacturer's specifications, using the manufacturer's recommended equipment. Manufacturer's specifications and equipment recommendations shall be furnished to the Engineer prior to construction.

SECTION 203 BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.2 Materials
Asphalt concrete surface course shall be Type III C3-PG 70-10. Tack coat shall be Grade SS1H, per Section 302-5.4 and shall be applied to the perimeter of all AC removal and replacement locations and cold milling locations. All tack coats over spray on gutter edges shall be removed.

The asphalt content for the Type C3-PG 70-10 asphalt concrete shall be per Orange County Environmental Management Agency Special Provisions — Asphalt Concrete Standard Plan 1805 (revised).

The Contractor shall use a PG Asphalt Binder.

SECTION 207 GRAVITY PIPE
The Section 207 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 207.

SECTION 208 PIPE JOINT TYPES AND MATERIALS
The Section 208 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 208.

SECTION 209 PRESSURE PIPE
The Section 209 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 209.

SECTION 210 PAINT AND PROTECTIVE COATINGS
The Section 210 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 210.

SECTION 211 MATERIAL TESTS
The Section 211 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 211.

SECTION 212 WATER AND SEWER SYSTEM VALVES AND

APPURTENANCES
The Section 212 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 212.

SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS
All references to traffic striping and markings shall be "Thermoplastic".

Traffic Signs, Striping, Markers, and Markings, shall conform with Sections 84 and 85 of the Caltrans Standard Specifications and these Special Provisions.

Existing striping, pavement markings, legends, stop bars, crosswalks, parking stalls, red curb, etc., shall be replaced by the Contractor if damaged. It is the Contractor's responsibility to note and inventory such locations using a video recording system prior to removal and replacement of such, accordingly. In the event of a conflict as to the locations, placement of legends, markings, lines, etc., shall be as directed by the Engineer.

All existing markings which do not conform to the new striping shall be removed with a grinder.

Existing markers which are partially removed or damaged shall be removed in total and replaced in kind. The Contractor shall re-stripe existing striping and curb markings obliterated by new construction, whether or not shown on the Plans for replacement.

Pavement Markers: Traffic striping will not commence sooner than seven to ten (7-10) working days after the surface course is placed. The Contractor shall furnish and install raised pavement markers as indicated on the plans and specifications to restore the roadway to its original state in accordance with the requirements of Section 85 of the Caltrans Standard Specifications.

Type A markers shall be ceramic type in accordance with Section 85-1.02B(3) of the Caltrans Standard Specifications.

Fire Hydrant Reflectors: All existing fire hydrants shall, at the completion of the project have Type D two-way blue reflectors placed in accordance with the 2014 (or Latest Edition) California Manual of Uniform Traffic Control Devices (MUTCD) Section 3B.11.

Traffic Striping: In areas of new, or restoration of street striping, markings and legends, the Contractor shall provide and install traffic striping, thermoplastic paint and beads equal to State Standard Specifications, Section 84.

After the completion of surface course paving operations, and raising frames to grade, the Contractor shall allow seven to ten (7-10) working days before final striping. This does not include cat- tracking, which must be done within 24 hours or as directed by the Engineer.

The Contractor shall provide paint spots on centerline approximately 150 feet apart, to establish a reference line as shown on plans and as directed by the Engineer. The Contractor shall mark off all lane lines to match existing conditions.

Cat tracking shall be approved in writing by the Engineer before application.

Pavement Markings: Pavement marking work shall be limited to replacement of all legends, turn arrow legends, stop bars and crosswalks with 120 mils thick thermoplastic within the confines of the work area unless otherwise directed by the Engineer. All work shall match existing conditions.

All materials shall conform to the State Standard Specifications.

Add Section 218 to the Standard Specifications:

SECTION 218 TRUNCATED DOME MAT
The detectable warning surface required for all curb ramps within the AC paving project limits shall consist of a Buena Park light blue replaceable, cast-in-place polyurethane truncated dome mat, ARMOR- TILE, or approved equal. Contractor shall verify the color with the Engineer prior to installation of mat. The dimensions of the detectable warning surface shall be as specified on the Caltrans Standard Plans.

PART 3:

CONSTRUCTION METHODS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 3 of the Standard Specifications.

SECTION 300 EARTHWORK
300-1 CLEARING AND GRUBBING
During construction and excavation, soft and unstable subgrade is expected to be encountered.

The City's soils engineer shall determine the method of stabilizing these areas. The use of stompers will not be allowed for any portion of work on the project.

Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable subgrade.

Removals shall consist of the sawcut and removal of all materials, regardless of character, necessary for the construction of the project as shown or indicated on the plans and specifications and shall include but not be limited to: asphalt, aggregate base, and subgrade if required by the engineer.

All existing pavement joining new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to the existing utilities and improvements to be protected in-place. Any damage caused by Contractor and/or his equipment shall be repaired or replaced as called out in Section 4-2 of the Standard Specifications at Contractor's expense.

Asphalt and subgrade removals shall be done with a grinder only. Grinding of the existing AC pavement shall be at a constant depth as called for in the plans. All temporary striping required after grinding operations shall be installed per City Standards.

The entire surface area of the pavement designated for removal shall be ground to the depths specified in the plans. Care shall be exercised not to damage adjacent improvements. Gutters or curbs damaged by the Contractor’s operations shall be replaced at the Contractor's expense.

The contractor shall scan the work area using a metal detector of adequate strength prior to any saw cutting, excavation or grinding of the existing pavement. Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers or other metal appurtenances buried below the existing pavement surface whether shown on the plans or not.

Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by a vacuum sweeper and properly disposed of. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer. No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall cover and protect all storm drain inlets prior to the start of grinding operations.

Cold mix A.C. shall be placed and maintained at the interface between ground and non-ground areas to eliminate the hazard caused by sudden elevation differences, especially in pedestrian path of travel areas adjacent to wheelchair ramps.

The Contractor is to notify the Engineer at least two (2) working days prior to and immediately after the grinding operations so that observations and measurements may be made of areas before the placement of permanent asphalt.

Under no circumstances shall the period of time between removal of existing improvements (which create an obstruction or hazard to the public) and their replacement exceed three (3) calendar days at any one location unless approved otherwise by the Engineer or is necessary to facilitate or protect work. Should the Contractor fail to comply with this requirement, all other operations will be stopped until the hazard or obstruction is removed and no additional days or other compensation will be given.

NOTE: Concrete removals are not allowed on Fridays or the day before a holiday and shall be replaced before the weekend or holiday.

Under no circumstances, shall the Contractor place concrete forms with the intent of leaving the forms in place for more than 24 hours, aside from curing freshly poured concrete.

The plans do not indicate any existing sprinkler systems. It is the Contractor's responsibility to examine the site, and determine what damage, if any, will be incurred within the areas described above, and consider this in the bid price for the various items of work.

The limits of removals will be marked by the Engineer, within forty-eight (48) hours from the Contractor's request, to have removal areas marked.

All patching and repair work for any removals shall be to the original condition unless directed otherwise by the City Engineer.

All removed material becomes the property of the Contractor and shall be hauled and properly disposed of outside of the project limits.

Add Subsection 300-1.2.1 to the Standard Specifications 300-1.2.1 Additional Considerations:

1. In areas where roots are encountered, they shall be removed a minimum of 12 inches from the new work, or as directed by the Engineer.

2. In addition to removal of street, traffic, warning signs, or any other signs, Contractor shall reinstall and/or replace as shown on plans or as directed by the Engineer.

3. The Contractor shall, upon completion of the new improvements, repair, resod, replant, and replace landscape areas damaged or altered through the course of construction, including top dressing of the soil. All existing irrigation systems, which were affected as part of the project construction, shall be restored to their original condition and to the satisfaction of the Engineer. As required, irrigation system components shall be relocated and/or adjusted to grade within the limits of the landscaping.

4. This item shall also be interpreted to include the removal and disposal of any additional items not specifically mentioned herein which may be found with the work limits or are shown on plans to be removed.

Add Subsection 300-1.5 to the Standard Specifications
300-1.5 Site Demolition and Clearing: Following the asbestos and lead containing building materials removal and certification of the site, the building demolition and site clearing and grubbing may begin. Site clearing and grubbing shall be in accordance with Section 300-1 of the Standard Specifications and these Special Provisions and shall include the removal of all material from within the property boundary of each site unless specifically noted as “protect” or otherwise directed by the Engineer.

The Contractor shall be responsible for having a qualified pest control company spray all structures in order to prevent insects living within the structures from infesting adjacent properties.

This spraying action will be done 48 hours prior to demolition of any structures. The cost of complying with all requirements specified in this section shall be borne by the Contractor and should be considered as included in the price bid.

Unless otherwise specified, all concrete floors, walks footings, porches, steps, slabs, signs, and foundation walls within the limits of the property shall be removed in their entirety with demolition operations, shall be removed from the site and disposed of by the Contractor. Likewise all brick, plaster, lumber, wood scraps and all other loose or fixed debris shall be removed from the site and disposed of by the Contractor, unless otherwise noted on to protect. Asphalt within the project to remain.

The City reserved the right to order the Contractor to stop work at any time for purposes of conducting a structural and analysis of the building being demolished. The Contractor may be required to continue the work under supervision of a structural engineer at no cost to the City.

During demolition, the Contractor shall keep the site free and clean from all rubbish and debris and in a sanitary condition and shall promptly clean up the site after being notified by the City representative.

The Contractor shall backfill holes and voids created during his operations, the backfill shall consist of non-organic rubble-free portions of on-site materials or clean non-expansive imported dirt. Dirt shall be placed in horizontal layers not to exceed eight inches in depth, each layer being well moistened and thoroughly tamped or rolled until a relative compaction of not less than 90% is secured as determined by Test Method ASTM-D-1557-70. No puddling or flooding of backfill shall be done without specific authorization by the City. The Contractor shall make his own arrangements for securing fill materials. Cost of Backfill materials, grading, and related work shall be considered as included in the project bid and no additional compensation will be considered.

Compaction tests will be required on all fill areas exceeding 16 inches in depth. Tests will be done by a firm selected by the City and at locations requested by the Inspector. Results shall meet the compaction requirements as specified. Costs of such tests shall be borne by the City.

All areas shall be grubbed to a depth below the natural ground surface necessary to remove all stumps, roots, buried logs, broken concrete, broken asphalt and all other objectionable material larger than two inches.

The City reserves the right to search for buried debris after completion of the demolition operations. If debris is uncovered, the Contractor shall remove all uncovered material and pay to the City the cost of exploratory work.

Add Subsection 300-1.6 to the Standard Specifications
300-1.6 Material Disposition: The asbestos containing materials and lead paint, buildings, site improvements and all materials resulting from their demolition or removal shall be removed from the premises. This shall include all stoves, refrigerators and other furniture found on the site.

However, the Contractor shall not dispose of the improvements or materials there from by sale, gift or in any manner whatsoever to the general public at the site. This provision shall not be construed as limiting or prohibiting the sale or disposition of such improvements or materials at the site to duly licensed contractors or materials men, provided that the materials are removed by the Contractor. Removal of buildings as a unity, or in sections capable of reassembly as a structure, is expressly prohibited.

NO BURNING OF MATERIALS SHALL BE PERMITTED ON THE SITE. 300-2 UNCLASSIFIED EXCAVATION
Add Subsection 300-2-10 to the Standard Specifications:
300-2-10 Over-Excavation: During construction and excavation, soft and unstable sub-grade is expected to be encountered. The City’s soils engineer shall determine the method of stabilizing these areas. If, in the opinion of the Engineer, the existing areas of materials beneath the regular excavation depth are unsuitable, and/or contaminated, the Contractor may be ordered to overexcavate those areas to a depth to be determined by the Engineer. A combination of stabilization fabric or aggregate base and asphalt concrete bridge mix shall be used to replace materials overexcavated as directed by the Engineer.

Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable subgrade.

Over optimum conditions are anticipated in isolated areas, and will require over excavation and replacement with a thickened pavement section. The Engineer will determine the specific areas and limits of excavation during construction.

Operation of rubber tired equipment on marginal or soft sub-grade will not be permitted. All trucks shall be directed as necessary to prevent loaded trucks from driving on sub-grade areas designated as soft or yielding. Areas designated for over excavation and replacement with thickened pavement sections shall utilize track excavators and/or loaders capable of operating on the exposed sub-grade. The Contractor shall be responsible for selection of the equipment necessary for excavation.

The Contractor shall submit a list of equipment to be used to the Engineer for approval prior to beginning stabilization work. The list of equipment shall provide a complete detailed description of each piece of equipment to include weight, type of drive (rubber, tire, track, steel drum, etc.)

BOTTOM DUMP (AKA BELLY DUMP) TRUCKS SHALL NOT BE USED ON ANY PORTION OF WORK ON THIS CONTRACT.
300-4 UNCLASSIFIED FILL
Work shall be performed in accordance with Section 301 of the Standard Specifications. Disturbed subgrade and backfill materials shall be compacted to 95% relative compaction and optimum moisture content of 2%. Finished subgrade shall not deviate more than 0.05 foot (15 mm) from the theoretical grading plane and must be firm and unyielding.

All rocks, stones, debris and roots within 12 inches (300 mm) of the finished surface shall be removed and disposed of.

Backfill shall consist of placement of material necessary to fill voids adjacent to newly constructed curb and gutter, sidewalks drive approaches, etc.

Landscaping backfill material shall be topsoil and considered select material acquired from approved sources for sustaining healthy plant life. No backfill material shall be placed until approved by the Engineer.

SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS,

AND PLACEMENT OF BASE MATERIALS
Add Subsection 301-1.8 to the Standard Specifications:
301-1.8 Adjustment of Manhole Frame and Cover Sets to Grade: Water valves, manhole frames and covers and sewer cleanouts shall be adjusted to grade including paving within ten (10) working days after completion of paving.

Failure to comply shall result in a penalty of ONE THOUSAND ($1,000) DOLLARS A DAY.

Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After frames have been removed, the tops of each structure shall be carefully cleaned to provide a suitable foundation for the new material. The existing frames and covers shall remain the property of the City.

The Contractor should be made aware that there are some existing coated/lined sewer manholes in the project areas as called out in the plans. The Contractor, when adjusting these sewer manholes to grade, shall replace the existing coating/lining to the new grades.

Upon completion of the roadway resurfacing or construction, circular holes shall be cut where the water valves and sewer cleanouts or manholes exist and the valve cans and sewer manhole and cleanout frames and covers adjusted to the proper grade, and a 6” x 6” concrete collar shall be placed around outside of valve cans sewer cleanouts and manhole frames. The pavement shall then be replaced with a structural section equivalent to the adjacent areas. Any valve cans or sewer manholes and cleanouts found to be located within areas to receive concrete surfaces shall be adjusted to grade prior to placing the concrete. Any valve cans which may be located in areas which will be excavated prior to placing of the base material shall be removed during excavation, stored, and reinstalled to proper grade by one of the above methods. The Contractor shall furnish any valve can parts, sleeves, grade rings and/or top sections needed to complete the installations.

These parts shall be in accordance with the City of Buena Park Standard Plan Nos. 504, 505, 511, 518, and 530.

Contractor shall tie-out locations of all manholes and water valve covers to three permanent locations, prior to paving and supply the information to the Engineer.

If, when the frames are adjusted, it is determined that there will not be sufficient bearing in the opinion of the Engineer, between the ring and the remaining structure, two steel bars, not less than 1” by 3” shall be placed in such a way as to properly support the ring, after which the exterior of the ring will be covered with masonry in the normal fashion.

Frames shall be set to the grade of the new surface after the surfacing has been placed. The area around the frame and cover shall be filled with paving materials after the 6” x 6” concrete collar is placed, the surface of which shall conform to the grade of the finished surface. Manholes and lines must be cleaned if any debris is dropped into manhole.

After the completion of finish course paving operations and prior to raising frames to grade, the Contractor shall allow two (2) working days before final striping. This does not include cat-tracking, which shall be done within 24 hours after paving as directed by the Engineer.

SECTION 302 ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
PLACING SAND ON ANY ASPHALT SURFACE WILL NOT BE ALLOWED.

The asphalt concrete mix design and material list and source shall be submitted to the Engineer for approval a minimum of ten (10) working days prior to use.

No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.

Prior to paving, all grass or vegetation growing through cracks in the pavement or adjacent to curb and gutter shall be removed and the areas sprayed with a soil sterilizer approved by the Engineer. Streets that get full depth AC removal shall be treated with weed killer (colored type) spectracide or approved equal.

Tack coat shall be placed on one lane at a time and no further than 200 feet ahead of paving operation. Unit price bid for asphalt shall include tack coat.

The surface shall be cleaned by use of a mobile sweeper and washed with water and allowed to dry prior to surface course applications.

At least 75%, by weight, of the material retained in the No. 4 sieve shall have at least one fractured face as determined by Test Method No. Calif. 205.

Asphalt Concrete Base Course shall be of the thickness as shown on the plans and TYPE III-B2 PG 70-10 (3/4”).

A single AC layer as indicated on the plans shall be placed with suitable equipment and rolled lightly for grade control purposes only. Contractor shall exercise caution in these areas to prevent pumping of subgrade. Relative compaction requirement is waived for this initial base layer in the wet sub-grade areas only. The completed base layer shall be allowed to cool for a minimum of 15 hours prior to placing next layer of asphalt. No truck shall be permitted to operate on the subgrade or the asphalt until the suitable cooling period is expired per the direction of Engineer.

Asphalt Concrete Leveling Course shall be of thickness as shown on the plans and be TYPE III-C3 PG 70-10. All asphalt leveling courses shall conform to Section 203-6 of the Standard Specifications. Hot tack coat shall be Grade SS-1h emulsified asphalt.

Asphalt Concrete Bridge Mix (Soft Areas) shall be used for backfilling in over-excavated soft areas encountered during work as directed by the Engineer. A one-ton batch shall contain:
• Sand……………………………………………. (24%)………... 458 lbs.
• 3/8” (1 cm) Aggregate………………………... (35%)……...... 667 lbs. • ½” (1.5 cm) Aggregate………………………. (12%)……….. 229 lbs.
• ¾” (2 cm) Aggregate………………………..... (29%)……….. 553 lbs
• Asphalt viscosity grade PG 70-10………….. (4.9%)…….......93 lbs.

Sub-grade preparation shall conform to Section 301-1 of the Standard Specifications and these Special Provisions. Bridge mix shall be placed without compaction effort. Care shall be taken to keep bottom of sub grade flat.

If applicable, 1 ½” Asphalt Concrete Leveling Course shall be used at the direction of the Engineer as deemed necessary by field conditions. Leveling course shall be a minimum of 1 ½” in thickness and will be required when, in the opinion of the Engineer, the base paving is not suitable to provide adequate support for the finish course of paving.

Rolling equipment shall conform to the provisions of Subsection 302-5.6 of the Standard Specifications, except three-wheel rollers shall not be permitted and pneumatic rollers shall be used on base courses only. Rolling equipment on local roads shall be a minimum of one 8-ton, 2–axle tandem roller for each fifty (50) tons, or fraction thereof, of asphalt concrete placed per hour by each asphalt paver.

The Engineer will vary paving rates as necessary or require additional compaction equipment in order to insure adequate compaction of the hot mixture.

All locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, Contractor shall saw cut existing pavement to provide straight, neat lines and feather the new pavement to form smooth transition with the existing pavement.

Prior to the feathering process, the Contractor shall cold mill the existing pavement a minimum of five (5) feet (1500 mm) in width from the edge of gutter or from join lines as designated by the Engineer. Contractor shall remove all loose materials from site after cold milling. Asphalt joints shall be sealed with approved bituminous material.

Note: Contractor shall water test all streets for drainage and drivability prior to final approval and payment for the work, at no cost to the City.

Temporary striping: Lane line delineation shall be accomplished using reflectorized slurry tabs, and shall be placed after each paving operation. In accordance with the approved striping plan, twelve (12) inch wide reflectorized striping tape shall be used for stop bars and crosswalks. Said tape shall be removed from temporary surfaces prior to placement of additional asphalt. Temporary striping on cold milled surfaces shall be paint. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
The Contractor shall provide and maintain a walkway area with a minimum unobstructed width of four (4) feet (1,200 mm) for pedestrian traffic at all times, whenever possible. “SIDEWALK CLOSED AHEAD” signs shall be posted per the Engineer’s direction whenever sidewalk is closed for construction.

Concrete driveway approaches shall be constructed per City of Buena Park Standard Plan 213 and as modified if shown on the Plans. The Contractor shall provide secondary access to all businesses/residents during construction of driveway approaches. If not possible, the Contractor shall construct the approaches so as to maintain private property accessibility.

New wheelchair ramps shall be constructed per Caltrans Standard Plan A88A, unless otherwise noted on the project plans. All new ramps shall have a zero-inch (0”) lip of gutter at the ramp opening and a cast-in-place detectable warning surface 3’x4’ (blue in color). The PCC curb and gutter construction, which is related to the PCC wheelchair ramp construction, shall be considered as part of the wheelchair ramp.

Sidewalks, driveway approaches, curb ramps, and curb and gutter construction shall match existing adjacent improvements as nearly as possible.

Control joints for curb and gutter shall be 1/4" (6 mm) wide and shall be constructed 10' apart as directed by the Engineer.

Sub-grade preparation shall consist of cut or fill as is necessary to maintain specified concrete thickness at the grade established by the Engineer. Compaction of subgrade shall be as specified in Section 301 of the Standard Specifications.

Backfill material placed behind newly constructed curbs shall be topsoil in the upper twelve inches (12") (300 mm) to accommodate landscaping materials.

All concrete removal areas shall have new concrete improvements installed within three (3) calendar days from the date of the removal unless approved otherwise by the Engineer.

No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.

The Contractor is responsible for the protection of the concrete work for the duration of the project and shall replace all damaged or destroyed concrete to the satisfaction of the engineer at no additional cost to the City.

Add Section 315 to the Standard Specifications:

SECTION 315 TRUNCATED DOME MAT
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp and shall be installed per the manufacturer's installation recommendations and as directed by the Engineer.

At a minimum the Contractor shall adhere to the truncated dome mat manufacturer's installation requirements including proper surface preparation and protection of the work and surrounding area.

Add Section 316 to the Standard Specifications:

SECTION 316 ACCESSIBLE RAMPS
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp and shall be installed per the manufacturer's installation recommendations and as directed by the Engineer.

At a minimum the Contractor shall adhere to the truncated dome mat manufacturer's installation requirements including proper surface preparation and protection of the work and surrounding area.

All new accessible ramp construction shall be constructed to meet ADA and any applicable regulations, including transitioning beyond the accessible ramp limits to meet grade tolerance.

Contractor shall retrofit existing wheelchair ramps by grinding the concrete ramp flush with the gutter flowline.

Add Section 317 to the Standard Specifications:

SECTION 317 AESBESTOS AND LEAD REMOVAL
The City has obtained asbestos abatement report prepared by Forensic Analytical for the project.

A copy of the report is attached to these specifications as Exhibit A. The work consists, in general, of the removal of all asbestos and lead containing materials from the project sites and includes, but is not limited to, project submittals, site preparation, asbestos and lead materials removal, containment, disposal, area clean up and agency clearance.

Prior to the proposed start of work, the Contractor shall submit the following information to the Engineer for review and approval. The Contractor shall not proceed until he has received approval of the requested information.
• Copy of all required State notifications.
• Copy of State or local license for waste hauler.
• Name and address of landfill where asbestos and lead containing waste materials are to be buried. Include contact person and telephone number. • Chain-of-custody form and form of waste manifest proposed. • Sample of disposal bag and any added labels to be used. • Designated full time certified project supervisors resume. • Copies of certificates from an EPA-approved AHERA abatement workers course for each worker as evidence that each asbestos abatement worker is accredited as required by AHERA regulation.
• Evidence that all workers have been trained, certified and accredited as required by State of California and by local code or regulation.

Upon completion of the work and disposal of the material of the material, submit copies of all manifests and disposal site receipts.

The abatement of asbestos and lead containing building materials from the subject buildings must meet all the laws, regulations, and standards included in state and federal documents. The Contractor shall bring to the attention of the Engineer any conflict between State and Federal requirements and the requirements of these specifications.

PART 4:

EXISTING IMPROVEMENTS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 4 of the Standard Specifications.

SECTION 402 UTILITIES
402-1 LOCATION
The location and existence of any underground utility or substructure, if provided, is for reference only. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both.

Prior to start of construction and not less than 48 hours, the Contractor shall notify the Underground Service Alert (USA) at (800) 227-2600. No compensation will be allowed for repairing of damage incurred by the Contractor to any utility.

For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

Within five (5) working days after the completion of the work, or phase of work, the Contractor shall remove all USA utility markings. Any surface damaged by the removal effort shall be repaired to its pre-construction condition or better.

UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.

Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number: ________________________________________________ Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.
402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.

Any portions of curb, gutter, sidewalk or any other City and/or private improvements damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his/her or her Bid.
402-3 REMOVAL
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and native/non-native obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. The remaining portion of an existing Utility which is left in place shall be properly abandoned, accurately recorded, in elevation and plan, on the control set of Contract Drawings.
402-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.

SECTION 404 COLD MILLING
Existing asphalt concrete shall be milled at the locations and to the dimensions shown on the plans and in accordance with these Special Provisions. The milling of asphalt concrete will only be permitted to take place immediately prior to paving.

It is anticipated, due to the large amounts of milling to be performed, that traffic will be transferred onto milled surfaces for short intervals prior to placement of the asphalt concrete. The milled surfaces to receive traffic must have an approved satisfactory driving surface before traffic will be allowed to resume use. Abrupt changes in surface elevation of greater than 3/8 inch (10 mm) will not be allowed. Therefore, where milling depths as shown on the plans exceed 3/8 inch (10 mm) in depth, a tapered mill perpendicular to the direction of travel, at the rate of one 1 inch (25 mm) per five (5) feet (1500 mm), shall be required until the specified depth of mill is reached.

Abrupt changes in the pavement surface elevation in the longitudinal direction (parallel to the direction of travel) shall not be allowed. A minimum of three (3) foot (900 mm) transition is required for longitudinal grade differences over 3/8 inch (10 mm).

Upon completion of milling operations, the Contractor shall place hot mix AC to reduce the lip where wheelchair access ramps are located to assist use by handicapped persons. The hot mix will then be removed no sooner than 24 hours prior to paving.

Both the perpendicular and parallel temporary taper transition may be achieved by over milling outside of the specified full depth mill limits or by using a full depth mill inside the specified full depth mill limits followed by a temporary asphalt concrete ramp. The temporary asphalt concrete ramp must be removed just prior to the actual asphalt concrete base course placement.

Adherence to all of the preceding temporary pavement surface maintenance requirements shall be absorbed into the unit costs for the various mills. No additional compensation will be allowed.

Milled asphalt concrete pavement will be measured by the square foot. The quantity to be paid for will be the actual area of surface milled irrespective of the number of passes required.

All milled material shall become the property of the Contractor.

PART 5:

PIPELINE SYSTEM REHABILITATION
Unless otherwise noted, the provisions below shall supplement but not replace those provisions in Part 5 of the Standard Specifications.

SECTION 500 PIPELINE, MANHOLE, AND STRUCTURE

REHABILITATION
500-1 GENERAL
The Contractor shall field verify pipe diameter at the maintenance holes and lengths prior to ordering liner materials. The Contractor shall notify the Engineer of any discrepancies between information obtained in the field and existing plans.

A Contractor licensed by the manufacturer/owner of the process shall perform installation of the sewer lining. Bidders are required to submit copies of such licenses with their bids. A bidder’s failure to do so shall render their bid non-responsive.

Bidders shall provide proof of meeting the requirements for chemical resistance and physical testing of the above selected liner system along with their bid.

Minimum pipe liner wall thickness: The minimum finished liner thickness shall conform to Table 500-1.1.1.a below:

Table 500-1.1.1.a
Host Pipe Diameter (inches) 6 8 12
Standard Dimension Ratio (SDR) 32.5 32.5 35
Liner Thickness (inches) 0.185 0.246 0.342
If the pipe liner process requires a thicker SDR for the site, or existing pipeline condition designed with a 2 to 1 safety factor the contractor shall provide the thicker pipe required.

CIPP designs shall use a minimum of 15% extra thickness to compensate for resin migration/seal factor to fill joints, cracked or deteriorated pipelines unless a higher % is noted on the plans or special provisions to fill cracked or detracted pipelines 500-2 SUBMITTALS
Submittals Required With The Bid:

Working Knowledge of the Scope of the Project, Submittal:

Name of person that inspected the job site and reviewed the CCTV video and log sheets (if available).

Manufacturers Material Certification, Submittal:

1. Copy of third party GREENBOOK chemical resistance test results (Pickle Jar Test) 210-

2.3.3 for each of the selected lining materials proposed.

2. Certification from manufacturer that the formulation has not changed since the chemical resistance testing was completed.

Product Trade Name, Submittal:

Submit the trade name of the selected process to complete this project.

Product Manufacturer, Submittal:

Submit copy of the manufacturer’s literature, material data sheets, and installation procedures.

Manufactured flattened or folded, plastic pipe liner supplier shall provide the pipe manufacturers company name, address, date of inspection, and, names of GREENBOOK committee review team that reviewed the quality control procedures and inspected the manufacturing facilities.

Submittals due at the pre-construction meeting
Cured-in-Place Material, Submittal:

A copy of an infrared spectrum analyses chart for the vinyl ester or epoxy resin proposed. This will be used to match field sample test results from each installation.

1. Submittals required before each installation of pipe Factory manufactured PVC pipe, Submittal:

Test results on each coil of pipe shall include all required testing results per the following GREENBOOK sections:

1. Folded and Re-Formed plastic pipe liner 500-1.10.2 (c) or 500-1.10.3 (c) Cured-in-Place Pipe, Submittals:

1. Manufacturers certification and test results that manufactured Cured-in-Place felt tubes meet the requirements of ASTM F1216-93 and meet the minimum strength requirements of ASTM D5035-95

2. Manufacturers certification and test results that the vinyl ester or epoxy resin meet the physical requirements of the GREENBOOK table 500-1.1.4.2

3. The calculations for the quantity of resin required for each wet out shall be submitted and approved by the Engineer prior to wetting out the liner.

4. A copy of the wet out log sheet, including the date, and the wet out supervisor s name.

This wet out log shall be certified by a registered California Engineer.

Samples for testing required at the end of each installation

1. A restrained test sample per specifications
Material Test Results required 30 days after installation Material test results from installation restrained test samples to verify compliance with the values specified.
500-4 PIPELINE POINT REPAIR AND/OR REPLACEMENT
500-4.3 Sewer Bypassing and Dewatering: Additional work to repair any damage to the pipe lining system caused by failure of the bypassing system shall be the Contractor’s responsibility
500-5 LINING
500-5.5 Cured-In-Place Pipe (CIPP) Liner
500-5.5.1 General: The Contractor shall obtain a permit from the wastewater treatment agency for the curing water. Permit for discharging curing water shall be obtained by the Contractor from the Industrial Waste Division. The curing water must be cooled to meet the discharge agencies’ standards before releasing the flow.
500-5.5.2 Material Composition and Testing: The side of the liner exposed to the sewer flow after inversion is completed shall have a layer of polyurethane bonded to it, with a minimum thickness of 0.01-inch and shall be pinhole free. All seams and patches in the polyurethane coating shall be inspected under a black light. The tube shall be put under a vacuum at the factory and submerged in a die bath to verify that it is pinhole free.

The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point) to be rehabilitated. No joints or laps will be permitted between maintenance holes.

The factory test results for each batch of resin shall be submitted to the engineer before installation. (Replace the last paragraph with the following.):

Testing of the installed CIPP liner is required for this project.

1. One 2-foot long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the downstream and any intermediate maintenance holes in accordance with ASTM F 1216 Sections 8.1.1 and 8.1.2. A minimum of one sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the onsite inspector.

2. The sample shall be checked by the inspector using ASTM D 2122-90 #7 to verify the minimum water way wall thickness specified in table 500-1 .1.1. (A) Each sample shall be submitted by the Engineer to an independent testing laboratory for Infrared spectrum analysis comparison testing. This test result will be compared against the infrared spectrum analyses chart submitted at the pre construction conference to verify that a vinyl ester or epoxy resin was installed. All costs for this testing shall be paid for by the Contractor and included in the bid price. (Test lab Harlan & Assoc. 11

3. Duboise Ave. San Francisco, CA 94103-1228 (415) 621-7245 or other lab approved by the Engineer).

4. The physical properties of the installed CIPP liner shall be verified through field sampling and independent laboratory testing as approved by the Engineer. The samples shall be submitted to an independent testing laboratory and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of the standard specifications section 500-5.5.2.

5. Resin cure quality shall be tested per ASTM F1216 a D 903 delamination test shall be preformed for each inversion.

6. All costs for the above testing shall be paid for by the Contractor and included in the bid price.

7. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non-compliant pipe liner in accordance with section 500-5.5.8 of the SSPWC. The Engineer may grant a time extension for this repair. 500-5.5.4 Chemical Resistance Testing: Proof of meeting these requirements shall be submitted with the Contractor’s bid.
500-5.5.5 Installation: The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage, stretching during installation and loss of resin through cracks and irregularities in the host pipe.

The calculations for the quantity of resin required shall be submitted and approved by the engineer prior to wetting out the liner. A roller system shall be used to uniformly distribute the resin throughout the tube. The gap in the rollers shall be verified every 50 feet.

The Contractor shall use either an end-stop or hold-back mechanism to prevent the felt tube from extending into conduits that are not to be rehabilitated. 500-5.5.6 Curing: The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure.

The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the lining manufacturer’s instructions. The Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner.

The cured liner shall have a smooth finish inside. Any roughness that may affect the hydraulic conditions shall be removed by sanding or trimming the “fins” or folds. The Contractor may either apply a sealant compatible with the material to areas where sanding has taken place or reline from maintenance hole to maintenance hole as approved by the Engineer. 500-5.5.7 End Seals: After installation the ends of the liner shall be cut off at the maintenance hole. The cuts shall be smooth and parallel with the maintenance hole wall. The finished liner shall not protrude into the maintenance hole over 2 inches.

If the maintenance hole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined.
500-5.10 Folded and Re-Formed PVC Pipe Liner
Subsection 500-5.10.2 (c)- Material and Equipment Acceptance (add to the end of second paragraph):

The factory test results for each coil of pipe shall be submitted to the Engineer before installation.

Subsection 500-5.11.5 - Chemical Resistance and Physical Testing (modify the last sentence of the paragraph as follows):

Proof of meeting these requirements shall be submitted with the Contractor’s bid.

Subsection 500-5.10.3(f) - Installation and Field Inspection (replace the last paragraph with the following):

Testing of the installed PVC liner is required for this project.

1. Before installation the pipe coils shall be checked by the Engineer using ASTM D 2122- 90 #7 to verify compliance with the minimum wall thickness in table 500-5.1.1. (A).

2. Before each installation the Contractor shall measure the OD of the liner pipe and the ID of the host pipe to verify that the liner will fit tightly and is not too small or to large.

3. One 2-foot long sample shall be cut from a section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream, downstream, intermediate, or above ground maintenance hole. One sample shall be taken for each 1,200 feet or fraction thereof of pipe with a minimum of two (2) samples. The sampling location(s) shall be designated by the Engineer. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter, and written verification by the onsite inspector.

4. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by the engineer. The samples shall be submitted to a testing laboratory and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of the standard specifications section 500-5.10.2 (B) or 500-5.10.3. (B)

5. Pipe quality shall be verified through testing per ASTM F 1504 an F 1057 heat reversion test shall be performed on each test sample.

6. All costs for testing shall be paid for by the Contractor and included in the bid price.

7. Test results are due within 30 calendar days from the date the samples were taken. The contractor shall be responsible for repairing non-compliant pipe liner in accordance with section 500-5.10.9 of the SSPWC. The Engineer may grant a time extension for this repair.
500-5.10.4 End Seals: After installation, the liner shall be cut off in the maintenance hole. The cut shall be smooth and parallel with the maintenance hole wall. The finished liner shall not protrude into the maintenance hole. The contractor shall cut off the liner as close to flush with the maintenance hole as possible.

If the maintenance hole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined.
500-8 SERVICE CONNECTION RE-ESTABLISHMENT
Protruding laterals: The Contractor shall assume that there are no protruding laterals unless it is noted in the special provisions, CCTV video or log sheets made available to the Contractor before the bid opening. Prior to insertion of the liner, the contractor shall cut off interfering identified protruding laterals as close to the flush with the pipe interior as practicable.

The Contractor shall pay for all costs for required point repairs or excavation made for the service connections that are found plugged by the rehabilitation process.

To prevent maintenance problems such as roots, infiltration, exfiltration, or loss of backfill material into the newly lined pipe, all plugged service connections identified in the prelining videotape shall not be opened unless specifically directed by the engineer in the special provisions.

The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection.

All final lateral cuts shall be finished off with a wire brush to remove chips, strings, and curlicues to provide a smooth opening.

Service connections shall not be made until the liner pipe has stabilized. The use of mechanical restraining devices (such as red heads) that will restrict the pipe from completely stabilizing will not be allowed.

Lateral cut coupons shall be trapped and removed at the downstream manhole after the laterals have been opened. The Engineer will deduct up to fifty dollars for each lateral cut coupon two inches or larger left inside the sewer system.

Visible gaps 1/8 of an inch or larger between the outside liner waterway and the host pipe at the cut service connection will be sealed at the contractor’s expense using the following service connection sealing methods:

Method 1: Shore and excavate to expose the connection, use approved sealant to caulk the circumference of rehabilitation pipe to host pipe joint, seal the service connection to the host pipe with acid-resistant epoxy/resin mortar and backfill. The epoxy/resin material shall have proof of having passed the same chemical resistance test as the pipe liner materials.

Method 2: Robotic-access repair. Isolate the service connection to prevent unintended migration of grout. Pressure injects grout to seal the connection, annulus, broken joints, cracks, and etcetera. A resin or Grout mix: Portland cement, fly ash, water reducer and plasticizers to yield 2,000-psi compressive strength at 28 days. Pressure injects grout until 0.25 cu. ft. is injected for pipe 12 inches or less and a gage measured at the service connection is maintained for five minutes without grout take. If the grout isolation system fails or is ineffective, use Method 1 to seal all remaining connections. Remove errant grout that restricts full, laminar flow from the service connection or pipe liner.

If the end of the liner pipe in the maintenance hole shrinks back inside the pipe during the warranty period the pipeline shall be re-televised by the Contractor. Any service laterals connections that have slipped or are offset shall be repaired by ether method 1 or 2 specified above as approved by the Engineer. No extra compensation shall be paid for this.

1. Sanitation Facilities
A clean portable unisex sanitation facility with a light shall be provided at each of the CCTV, cleaning, lining, and lateral cutting job sites for use by the Contractors crews, City Inspector, and Engineer.

2. Bypass pumping
Bypass pumps sized to adequately handle the flow and hoses shall be set up for every run.

The bypass shall be set up and run prior to the pre-lining CCTV inspection and continued throughout the entire lining process, lateral cutting, and not shut down until after the postlining CCTV inspection is completed.

A spare pump of equal size and power to the one required to adequately handle the flow and extra fuel to operate eight hours shall be onsite as a backup for every bypass to prevent a sewer spill.

3. Air testing of the installed Liner.

After the liner is installed and before the laterals are cut the installed liner pipe shall be air pressure tested per GREENBOOK Section 306-7.8. The air pressure shall be stabilized at 5-psi gauge pressure. The pressure shall be held for a time specified in Table 306-7.8.2.4 to the pipeline length with 0 feet house connections. The pressure shall not drop to less than 4-psi gauge pressure after testing to the time specified.

If the time lapse is less than shown in the table, the Contractor shall make the necessary corrections to the liner pipe to reduce the leakage to acceptable limits and retest.

Add Section 500-13 to the Standard Specifications:
500-13 HANDLING
The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated felt tube liner shall be vacuum impregnated prior to installation. The Contractor shall allow the Engineer to inspect all materials and procedures. The Contractor shall pay all inspection costs required for this wet out process and shall include this cost in the bid price.

SECTION 502 MANHOLE AND STRUCTURE REHABILITATION

Manhole lining material shall be of the type and kind approved by the Orange County Sanitation District (OCSD) and shall comply with Section 500 of the Standard Specifications for Public Works Construction “GREENBOOK” and its Supplements, 2021 or latest edition, and need to be approved by the City Engineer, and these Special Provisions.

Epoxy Lining System in compliance with Section 500-5.4 shall be used Resurfacing of all uneven surfaces to a smooth finish shall be completed in accordance with Subsection 502-4 Repair Resurfacing and Active Infiltration, prior to application of the lining system.
502-2 SUBMITTALS
Submittals Required With The Bid:

1. Working Knowledge of the Scope of the Project, Submittal: Name of person that inspected the job site and the condition of the maintenance manholes to have lining repairs.

2. Manufacturers Material Certification, Submittal:
a. Copy of third party GREENBOOK chemical resistance test results (Pickle Jar Test) 210-2.3.3 for each of the lining materials proposed. b. Copy from the liner material manufacturer’s certifying that the formulation of the liner has not changed since the lining material was tested per the current version of the (Pickle Jar Test) 210-2.3.3.

3. Product Trade Name, Submittal: Submit the trade name of the process, or process proposed to complete this project.

4. Product Manufacturer, Submittal: Copy of the manufacturer’s literature, material data sheets, and installation procedures.

5. Protective Lining Material Suppliers 5 Year Warranty, Submittal: A copy of the protective lining material manufacturers written 5 year protective lining material warrantee complying with the Warranty Section of these Special Provisions.

6. Protective Lining Contractors 5 Year Workmanship Warranty, Submittal:

A copy of the Contractors written 5 year protective lining installation workmanship warranty complying with the Warranty Section of these Special Provisions.

7. Reference Submittal: County Sanitation District approval letter, Reference List and approval letters of other “major” agencies who have used and approved the product.

8. Workers’ Compensation Experience: Submit your Workers’ Compensation Rating Form from the WCIRB California.
502-3 CLEANING, SURFACE PREPARATION AND INSPECTION
Surface preparation shall be provided for the interior of every manhole where lining repair is needed, including shaft.

Repairs with rapid setting repair mortars compatible with liner shall be provided for the interior of every manhole including shaft, prior to the manhole being lined. Contractor shall apply epoxy coating 16” below the top of the sewer manhole.

1. Repair method for interface of Epoxy & Epoxy or Epoxy & Polyurethane:

Contractor shall provide 4” overlap at repair interface. The overlap is included in the 16” epoxy coating.

2. Channel and Shelf/Bench Rebuilding
Concrete channel and shelf areas shall be brought back to their original dimensions using cement mortar. Shelves or benches shall be finished with a hand trowel to provide a smooth and uniform width channel.

3. Channel and Shelf Spray Applied Coating
After the manhole wall lining is completed the shelves shall be coated with epoxy lining system, per applicable section 502-5.4, from the bottom six inches of the manhole wall lining to the top of the channel. The minimum thickness shall be 125 mils. All exposed concrete above the low flow line shall be covered. The coating thickness shall be verified during installation by use of a wet mill gauge.

4. Water Tightness before Lining
After surface preparation and prior to concrete repair, the Contractor shall stop all active leaks in the existing structure. The method of stopping these leaks shall be by injection of chemical grout as approved by the Engineer. Chemical grout shall be 3M 5610 or equal. All grouting will be performed in accordance with NASSCO Specifications, (Refer to 10th edition, 2000 NASSCO Specification on manhole sealing, page 216, Section 3). Grouting if required by the Engineer shall be paid for on a time and material basis.

5. Finished Diameter of the Maintenance Hole
The finished inside diameter of the manhole shall be not less than 1 inch of the original inside diameter of the Maintenance Hole to preserve the maximum working area for maintenance equipment and worker safety.

6. Final Inspection Spark Testing
The finished Protective liners will be 100% spark tested for pinholes with a spark tester set at minimum of 15,000 volts. All areas in question shall be marked and patched. These patched areas shall be retested with the spark tester set at 15,000 volts.

Add Sections 503 to the Standard Specifications:

SECTION 503 COMPOSITE UTILITY ACCESS FRAMES AND COVERS
Composite utility access cover and frames shall be manufactured in the United States of America.

Composite utility access covers and frames shall consist of a fiber reinforced polymer (FRP) matrix consisting of between 45% to 70% fiber reinforcement by weights. Fiber reinforcement shall consist of fiberglass, carbon, aramid, basalt and/or hybrid chemical composition. The finished product will inherently feature strength to weight ratio of 750:1. All products shall be audited by an Independent Third Party.

Composite utility access covers and frames must be of a weight that is safe for one individual to handle. Covers and frames must also contain a surface feature that facilitates easy removal and product handling. Covers should also contain a locking feature or mechanism that retains the cover to the frame. Composite utility access covers and frames will be tested to ASTM Standard C1028 – finished products will feature a skid slip ratio of 0.6 in both wet and dry applications.

Product shall meet AASHTO M306-05 H-20 & H-25 EN 124 D400 load rating.

Frames and covers shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface. Manhole lining repairs and spark testing shall be done for the existing lined manholes where specified in the bid items. Contractor shall dispose of the removed access frames and covers and debris from removal.

Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.

Construct 12” Portland cement concrete collar (560-C-3250 concrete) around manhole cover and frame. Circular collar in paved areas, manhole shall be raised to grade and concrete collar poured after final surface course is placed. See City of Buena Park Standard STD-505 and STD-510 for additional information.

PRODUCTS:

1. GMI Composite Cover, 2600 Series Frame and Cover, with TwistLIFT Lock manufactured by Titus Industrial Group, Inc.

2. Or approved equal. Any substitutes shall be approved by the Engineer.

Add Section 504 to the Standard Specifications:

SECTION 504 SEWER MANHOLE FRAME AND COVER
Replacement of sewer manhole covers shall comply with City of Buena Park Standards STD-505 and STD-510.

Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After the frame has been removed from the top of each structure, it shall be cleaned to provide a suitable foundation for the new liner material. The existing frames and covers shall remain the property of the City of Buena Park.

Frames shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface.

Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.

PART 6:

TEMPORARY TRAFFIC CONTROL
Unless otherwise noted, the provisions below shall supplement those provisions in Part 6 of the Standard Specifications.

SECTION 600 ACCESS
600-1 GENERAL
All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.

The Contractor shall be responsible for the protection of all modes of transportation until the Work called for in the Contract Documents and as directed by the Engineer is complete.

Access to properties shall be maintained at all times during construction. Temporary drive approach ramps constructed of recycled materials or temporary asphalt (12" minimum width) shall be installed as approved by the Engineer.

SECTION 601 TEMPORARY TRAFFIC CONTROL FOR

CONSTRUCTION AND MAINTENANCE WORK ZONES
601-2 TEMPORARY TRAFFIC CONTROL PLAN (IF APPLICABLE)
All Work shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (“TCP”) for all phases of construction for review and shall conform to the Standard Specifications, General Provisions, Special Provisions, the latest edition of the California Edition of the Manual on Uniform Traffic Control Devices (“MUTCD”), the latest edition of Caltrans Standard Specifications and the latest edition of Caltrans Standard Plans and must be approved by the Engineer before construction. The TCP shall be prepared under the supervision of and signed and stamped by a California-registered Professional Civil Engineer or a Traffic Engineer, as determined by the Engineer.

The TCP shall be drawn to a 1-inch = 40 feet scale on either 11 x 17 inches or 24 x 36 inches plan sheets as dictated by the length of the Work. The TCP shall cover signing, flagging, detour, geometric, delineation and channelization, barriers and barricades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s). The Contractor shall not commence work before receiving an approved TCP. Any delay in acquiring TCP approval will be at the Contractor’s expense and no additional Working Days will be granted.

For construction in the vicinity of a school, the Contractor shall contact the School District, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the appropriate school district(s) on routes serving the school for student arrivals and departures are not impacted between one (1) hour before and one-half (1/2) hour after the school day start time and one (1) hour before or one-half 1/2) hour after school day end time.

Add Subsection 601-2.3 to the Standard Specifications:
601-2.3 Work Area Traffic Control:

Lane closures shall conform to the requirements of the Work Area Traffic Control Handbook (WATCH Manual) and the traffic control plans for the project. At the close of each working day access to private property and cross streets shall be provided. All signs shall conform to and be placed in accordance with current City, State Standards and approved traffic control plans and as directed by the Engineer. Delineators shall be single column 42” plastic type with reflective sleeves. Barricades shall have flashers.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

When entering or leaving streets, the Contractor's equipment, whether empty or loaded, shall in all cases yield to traffic.

Flagmen and guards, while on duty and assigned to give warning to the public that an area is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment by the Contractor in accordance with the current "Instructions to Flagmen," contained in the State of California, Department of Transportation, Traffic Manual. The equipment shall be furnished and kept clean and in good repair by the Contractor at the Contractor’s own expense. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in the current "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways." Contractor shall provide solar-powered battery, sequential arrow boards for all lane closures per the traffic control plan of this contract.

The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the motoring public within the limits of the construction area. If any traffic control facilities are damaged, displaced or are not in an upright position from a cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the street, all in accordance with the provisions of the Vehicle Code and the current State of California Manual on Uniform Traffic Control Devices (MUTCD). Covering of signs and signal heads shall be accomplished by using burlap sacks only; no taping will be allowed. The base material of construction area signs shall not be plywood.

Portable delineators shall be spaced as necessary for proper delineation of the travel way. The length of taper for each lane width of closure shall be per the California Work Area Traffic Control Handbook (WATCH) manual.

Upon completing each phase, the Contractor shall immediately remove all temporary devices associated with the traffic control from the job site while restoring all pre-existing devices to their original condition.

The Engineer shall have the authority to order field changes for alleviating potentially hazardous and/or traffic congestion-causing conditions, at no cost to the City.

PART 7:

STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 7 of the Standard Specifications.

SECTION 701 CONSTRUCTION
701-4 DAMAGE TO EXISTING SYSTEMS
The Contractor is to take special note of existing traffic signal detectors, conduits, pull boxes and other electrical facilities that are located in the proposed construction areas.

The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage or interfere with such facilities. The Contractor will be held responsible for any damage to the facilities and claims related to damage caused by his operations. Said costs and/or claims will be deducted from any moneys due to or to become due to the Contractor.

The cost of any temporary systems, which becomes necessary due to damage of existing facilities or the convenience of the Contractor, shall be at the Contractor's expense and no compensation will be allowed therefore.

Add Subsection 701-17.6.7 to the Standard Specifications:
701-17.6.7 DETECTORS
All limit line detector loops shall be able to detect the Reference Bicycle Rider (RBR) per the requirements of Revision 3 to the 2014 (or Latest Edition) California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 4D.105(CA).

Limit line detector loops shall be Caltrans Type D per Caltrans 2018 (or Latest Edition) Standard Plan ES-5B. All other detector loops shall be Caltrans Type E per Caltrans 2015 (or Latest Edition) Standard Plan ES-5B. Installation of all detector loops shall be per Caltrans 2015 (or Latest Edition) Standard Plan ES-5A and ES-5B.

Prior to project acceptance, all loops shall be megger-tested from the controller cabinet to verify continuity of all splices as well as inductance of loops. Continuity tests and reading shall be documented and witnessed by the City Traffic Engineer or their representative. Bicycle loops shall be tested to detect the RBR with 95% accuracy within a 6 foot by 6 foot limit line detection zone. This RBR testing shall require the Contractor to provide a bicycle and rider matching the definition of the RBR. Full compensation for testing costs shall be considered as included in the contract bid prices for various items of work, and no additional compensation will be allowed.

For reference, Revision 3 to the 2014 (or Latest Edition) CA MUTCD defines the Reference Bicycle Rider as: “a minimum 4 feet tall person, weighing minimum 90 lb, riding on an unmodified minimum 16 inch wheel bicycle with a non-ferromagnetic frame, non-ferromagnetic fork and cranks, aluminum rims, stainless steel spokes, and headlight.” PART 8:

LANDSCAPING AND IRRIGATION
Unless otherwise noted, the provisions below shall supplement those provisions in Part 8 of the Standard Specifications.

SECTION 800 MATERIALS
Add Section 800-1.6 to the Standard Specifications:
800-1.6 Root Barrier
Where tree roots have been cut to repair curb and gutter, root barrier systems shall be installed where indicated on the plans at the discretion of the Engineer in accordance with the Orange County Public Works Standard Plan 1708.

These root barrier systems shall be constructed/ installed per manufacturer’s brochures/plans as approved in place by the Engineer or his designee prior to covering each site and replacing soil, landscaping irrigation,

EXHIBITS

BIG BEN ENGINEERING PROPOSAL: 2024-001R3
To: Mr. Hector Guzman Date: 12/09/2024
Job Name:

Owner: City of Buena Park
We submit the following: ESTIMATE SCHEDULE OF COSTS
In response to: Quotation request Verbal request Order to proceed TITLE:
workmanlike manner according to standard practices.

Scope of work includes:

ITEM NO. Quantity UNIT UNIT COST TOTAL COST
1 1 EA 52,500.00 $ 52,500.00 $
2 1 EA 45,000.00 $ 45,000.00 $
3 1 LS 2,000.00 $ 2,000.00 $
TOTAL: 99,500.00 $
Notes:

3. Surveying, testing, and permitting to be provided by City or Others if needed.

4. Fire Hydrant installation to include flushing and chlorination per City Specs.

5. All Concrete damaged per our work will be replaced in kind.

6. Traffic Control plans to comply with CalTrans Permit.

Exclusions: 1. Permits, licenses and permission from all authorities and private landowners prior to commencement of any work.

2. Any costs related to testing, permit or inspection fees.

3. This proposal is based on One (1) Move - In. Any additional will be $3,000 each.

5. Bonding

6. Repair to any existing unknown or unmarked conduits.

8. Ground Water Removal

9. Traffic Loops

10. This is only an estimate. It does not constitute an agreement or a contract

12. No overtime or premium time included.

14. All Concrete Work By Others

15. Traffic Control Plans not included.

17. Adjusting Valve Cans and Concrete Collar around Valves by Others.

2. Work to be done during normal business hours of 7:00 AM - 5:00 PM

4. Any engineering, testing or inspection.
4790 Irvine Blvd. #105-404 Irvine, CA 92620 Tel.(949) 660 – 9400 Fax (949) 333-3672 CA Lic. No. 774444 DIR No. 1000007466
Install Fire Line Service (Lead Only. Backside by Others) Furnish Engineered Traffic Control Plans

PROVISIONS

1. This estimate will remain in effect for 30 days only.

Beach Blvd. Water Services
Beach Blvd. Water Services
We propose to provide all material, labor, equipment, and services to complete the following project in a substantial and Description
Install New Fire Hydrant
Exhibit “C”

LEVINE ACT DISCLOSURES:

1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposals leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):

Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.
_______________________ _____________________________________

DATE SIGNATURE OF AUTHORIZED OFFICIAL
_______________________ _____________________________________

NAME OF COMPANY NAME, TITLE

ORANGETHORPE AVE BEACH BLVD

PINCHOT CT
10TH ST
9TH ST I-5 FWY

AFFECTED AREA
City of Buena Park
City Council Regular Meeting Agenda Report
C. RESOLUTION APPROVING SPECIFICATIONS AND CONTRACT WITH GENERAL PUMP COMPANY, INC. FOR THE

REHABILITATION OF HOLDER WELL PROJECT
Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5C.

Presented By
Hysun Lee, 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 Rehabilitation of Holder Well Project; 2) Award a contract to General Pump Company, Inc. in the amount of $340,600; 3) Authorize contingency funds in the amount of $105,000 in the same purchase order; 4) Appropriate $45,600 from the undesignated Water Fund balance to the project account; 5) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and 6) Authorize the City Manager and City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City’s well pumps must be upgraded and maintained to ensure a reliable water supply, prevent mechanical failures, and extend the pump's lifespan. Regular maintenance helps identify and address issues before they become major problems, ensuring efficient operation and compliance with water quality standards. Overhauling the pump improves performance, reduces downtime, and minimizes repair costs, ultimately safeguarding the community’s access to clean and safe water.

The Holder Well has not received a major overhaul since it was rebuilt in 2008. The current well pump has a design capacity of 1,500 gallons per minute (GPM) and typically operates at around 1,200 GPM. Improvements will include replacing the discharge head, which is currently oscillating and causing the seal to fail and water to leak; and repairing the aged electrical motor. These improvements will increase efficiency and the discharge output as well as decrease energy consumption.

On November 6, 2024, the project was advertised for bid, and by November 20, 2024, a single bid was received and publicly opened from General Pump Company, Inc., in the amount of $340,600. The engineer’s estimate for this project was $437,244. General Pump Company, Inc., which holds the necessary licenses, has successfully completed similar projects for the City in the past. With City Council approval, construction is set to begin in February 2025, and conclude by April 2025. Staff recommends awarding the contract for the Rehabilitation of the Holder Well Project to General Pump Company, Inc. of San Dimas, California, for $340,600.

Staff is requesting $105,000 in contingency for a possible Variable-Frequency Drive (VFD) installation at this site.

BUDGET IMPACT
The total project cost is $445,600, as shown below:

Construction Contract: $340,600
Construction Contingency: $105,000
Total Project Cost: $445,600
This project is included in the FY24-25 Capital Improvements Project (CIP) budget and will be funded by the Water Enterprises Fund (Account No. 52-9806-396855).

Attachments
Att 1 of 4 - Resolution.pdf
Att 2 of 4 - Bid Results.pdf
Att 3 of 4 - Bid Summary.pdf
Att 4 of 4 - Project Location Map.pdf
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA

APPROVING SPECIFICATIONS FOR REHABILITATION OF HOLDER WELL 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 for the construction of certain improvement(s).

NOW, THEREFORE, BE IT RESOLVED that the specifications and plans presented by the City be and are hearby approved as the specifications and plans for:

REHABILITATION OF HOLDER WELL PROJECT
PASSED AND ADOPTED this _____ day of _______________ _____ 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 _____ day of ________________ _____.
______________________________________
City Clerk
Company Name Base Bid
Amount
1 General Pump Company, Inc. $340,600.00
2 3
Bid Opening : 11/20/2024 - 2:00 P.M.

City of Buena Park

BID RESULTS
Rehabilitation of Holder Well
Project No. # 382
Bid No. # 2025-05
2022-2023 ANNUAL PAVEMENT REHABILITATION PROJECT

BID SUMMARY
Bid Opening: APRIL 4, 2023 - 2:00 P.M.

Item Approx. Unit Description Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount
1 1 LS Mobilization/Demolibilization of Pump Rig, Equipment and Bonds $35,960.00 $35,960.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 2 1 LS Pull Pump, Dispose of Equipment Not Re- usable Except Mortor $20,880.00 $20,880.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 3 1 LS Video Log Well $1,392.00 $1,392.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 4 48 HRS Brush Well Casing With Two (2) New Steel Brushes and Chemicals $348.00 $16,704.00 $300.00 $14,400.00 $300.00 $14,400.00 5 18 HRS Bail Sediment Fill from the Bottom of the Well $232.00 $4,176.00 $250.00 $4,500.00 $250.00 $4,500.006 1 LS Contain and Dispose of Fill $4,640.00 $4,640.00 $4,000.00 $4,000.00 $4,000.00 $4,000.007 1 LS Re-Video Well $1,392.00 $1,392.00 $1,200.00 $1,200.00 $1,200.00 $1,200.008 1 LS Conduct Well Redevelopment Using "Airburst" or Pre-Approved Equal $18,560.00 $18,560.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 9 1 LS Perform Chlor-Jet Process or Pre-Approved Equal $37,700.00 $37,700.00 $32,500.00 $32,500.00 $32,500.00 $32,500.00 10 1 LS Mobilization/Demobilization of Dual Air Swab Equipment $23,200.00 $23,200.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 11 1 LS NPDES Compliance for Water Discharge $5,800.00 $5,800.00 $19,000.00 $19,000.00 $19,000.00 $19,000.0012 120 HRS Perform Mechanical Redevelopment of the Well $348.00 $41,760.00 $400.00 $48,000.00 $400.00 $48,000.0013 1 LS Mobilization/Demobilization of Pump Rig, Equipment and Accessories $17,400.00 $17,400.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 14 1 LS Supply and Install New Pump Equipment per Specifications $194,880.00 $194,880.00 $126,000.00 $126,000.00 $126,000.00 $126,000.0015 1 LS Motor Repair by Delta Motors or Pre-Approved Equal $7,000.00 $7,000.00 $11,400.00 $11,400.00 $11,400.00 $11,400.0016 30 HRS Perform Development Pumping and Testing $116.00 $3,480.00 $80.00 $2,400.00 $80.00 $2,400.0017 1 LS Perform On-Site Chlorination After Pumpign Test $2,320.00 $2,320.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 SUB-TOTAL = $437,244.00 $340,600.00 $340,600.00
Engineer's Estimate Average General Pump Company, Inc.

PAGE 1 OF 1
General Site Location Map
Location of the Holder Well
Legend
Holder Well Site
800 ft
N
➤
Lincoln Ave
Holder St
University Wy
Via Arroyo Dr
City of Buena Park
City Council Regular Meeting Agenda Report
D. RESTRICTED PROJECT AGREEMENT (GRANT NO. 2025011) WITH PROVIDENCE ST. JUDE HOSPITAL FOR 2025

GRANT FUNDING
Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5D.

Presented By
Dale Kurata, Community Services Supervisor
Prepared By
Jim Box, Director of Community Services
Approved By
Aaron France, City Manager
Presented By
Dale Kurata, Community Services Supervisor

RECOMMENDED ACTION
1) Approve a restricted project grant agreement with Providence St. Jude Hospital ("Hospital") for 2025; 2) Authorize the City Manager and City Attorney to and make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; 4) Appropriate $97,820 for the construction of three pickleball courts at Heroes Park, which includes the reallocation of $26,500 from supporting construction of the Community Gardens at Bellis Park and the Ehlers Event Center; 5) Appropriate $12,000 for the purchase of bike racks at City parks and facilities; and 6) Appropriate $5,000 for the purchase of Tot Time "Wellness Teaching Corner" supplies at the Buena Park Community Center.

PREVIOUS CITY COUNCIL ACTION
For the past ten years, Providence St. Jude Hospital has provided grant funding to the City for projects that promote health and wellness in the Buena Park community.

DISCUSSION
Proposed grant funding this year will be used for the following:

A. Hospital will provide up to $71,320 to the City of Buena Park to support the construction of three pickleball courts at Heroes Park, located in a low-income neighborhood. Resurfacing of the area will support the three pickleball courts, two basketball courts, and the four fitness exercise equipment machines. The pickleball courts, basketball courts, and fitness equipment will provide an opportunity to engage in physical activity and interacting socially for the community. The City will be responsible for installation and maintenance.

B. Hospital will provide $12,000 to the City of Buena Park to purchase bike racks as part of the implementation of Active Transportation Plan efforts. A total of 12 bike racks will be installed at City parks and facilities.

C. Hospital will provide $5,000 for "Wellness Teaching Corner" to support Early Childhood Development/Education, healthy eating/nutrition, physical activity, and social emotional learning (SEL) resources for Tot Time program. Staff will implement Stepping Stones, Real Sized Classroom Food Set, Let's Go Shopping Food Baskets - Complete Set, and the "What's on your Plate?" Bulletin Board Set. Elementary Classroom Calming Corner, Social-Emotional Classroom Activity Kit - K-Gr. 2, Wobble Cushions, Behind The Little Red Door: Can You Touch A Color? SEL and Stem Kit, and the Kindness Kit - Preschool-K. These resources will introduce children to familiar and new foods, teaching them about balanced nutrition, the importance of a healthy diet, and SEL.

D. Hospital will roll over and reallocate $26,500 from supporting the construction of the Community Gardens at Bellis Park and the Ehlers Event Center to supporting the construction of the three pickleball courts at Heroes Park located in a low-income neighborhood.

The City will be responsible for entering data and grant progress reporting on the Providence WizeHive online platform upon instruction provided by PSJMC in January 2023. The Hospital will partner with the Buena Park Collaborative ("Collaborative") on the Move More Eat Healthy Buena Park Campaign by either designating City staff or commissioners to work with the Collaborative to establish and maintain the MMEH Healthy Buena Park / "Healthy Eating Active Living" subcommittee of the Community Services or Planning Commission. The abovementioned interdepartmental committee shall also oversee the implementation of the Buena Park Health or Buena Park / HEAL by drafting and presenting to City Council one healthy eating or active living policy by December 31, 2025. The City will submit a Mid-Year and Final Project Report in the WizeHive grant reporting platform documenting the use of funds and project progress and will participate in the initiative's evaluation.

BUDGET IMPACT
In accepting grant funds from Providence St. Jude Hospital, the total amount of grant funds is $114,820, which is comprised of $88,320 in new funds and $26,500 in rollover funds. All funds are requested to be appropriated. There will be no fiscal impact to the general fund.

Attachments
BuenaParkCity_GrantAgreementCY25.pdf
Providence St. Jude Hospital
Restricted Project Grant Agreement
Buena Park City
Grant Number 202501
This Restricted Project Grant Agreement (“Agreement”) upon execution on behalf of Grantee in the spaces provided for signature will evidence Grantee’s agreement with and commitment to Buena Park City (“City”) as follows:

I. Grantee’s Status
This grant is specifically conditioned upon Grantee’s status as an eligible grantee of St. Jude Hospital (“Hospital’) in accordance with this section. Grantee warrants and represents that it is a public organization. Grantee will notify the Hospital immediately of any actual or proposed change in tax status.

II. Purposes of Grant
To prevent and reduce obesity by assisting Buena Park City in supporting residents to increase physical activity, mental health, and eat healthier.

This grant is made only for the specific charitable purposes described in the Agreement as part of the hospital’s community benefit program. The grant funds may not be used for any other purpose without prior written approval from the Hospital.

III. Use of Grant Funds and Mutual Expectations
These grant funds will be used as follows:

A. Hospital will provide up to $71,320 to the City of Buena Park to support the construction of 3 pickleball courts at Heroes Park, located in a low-income neighborhood. Resurfacing of the area will support the 3 pickleball courts, 2 basketball courts, and the 4 fitness exercise equipment machines. The pickleball courts, basketball courts, and fitness equipment will provide an opportunity to engage in physical activity and interacting socially for the community. The city will be responsible for installation and maintenance.

B. Hospital will provide $12,000 to the City of Buena Park to purchase bike racks as part of the implementation of Active Transportation Plan efforts. 12 bike racks will be installed at City parks and facilities.

C. Hospital will provide $5,000 for “Wellness Teaching Corner” to support Early Childhood Development/ Education, healthy eating/ nutrition, physical activity, and social emotional learning (SEL) resources for Tot Time program. Staff will implement Stepping Stones, Real Sized Classroom Food Set, Let’s Go Shopping Food Baskets – Complete Set, and the “What’s on Your Plate?” Bulletin Board Set.

Elementary Classroom Calming Corner, Social-Emotional Classroom Activity Kit – K-Gr.2, Wobble Cushions, Behind The Little Red Door: Can You Touch a Color? SEL and STEM Kit, and the Kindness Kit – Preschool-K. These resources will introduce children to familiar and new foods, teaching them about balanced nutrition, the importance of a healthy diet, and SEL.

D. Hospital will roll over and reallocate $26,500 from supporting the construction of Community Gardens at Bellis Park and the Ehlers Event Center to supporting the construction of the 3 pickleball courts at Heroes Park located in a low-income neighborhood.

E. The City will be responsible for entering data and grant progress reporting on the Providence WizeHive online platform upon instruction provided by PSJMC in January 2023.

F. Hospital will partner with Buena Park Collaborative on the Move More Eat Healthy Buena Park Campaign by either designating city staff or commissioners to work with the collaborative to establish and maintain the MMEH Healthy Buena Park / “Healthy Eating Active Living” subcommittee of the Parks and Recreation or Planning Commission.

G. The above-mentioned interdepartmental committee shall also oversee the implementation of the Buena Park Healthy Buena Park / HEAL by drafting and presenting to City Council one healthy eating or active living policy by 12/31/25.

H. Buena Park City will submit a Mid-Year and Final Project Report to the WizeHive grant reporting platform documenting the use of funds and Project progress and will participate in the initiative’s evaluation.

IV. Amount of Grant Need to update
$44,160 payable upon receipt of this executed Agreement and up to $44,160 additional when progress has been reported on the construction of the pickleball courts, Tot Time Wellness Corner, and the Active Transportation Plan’s bike racks.

V. Period of Grant
Grant funds are to be applied to expenses incurred for the period January 1, 2025 to December 31, 2025 unless otherwise agreed upon in writing by the Hospital.

VI. Terms and Conditions of Grant
Grantee agrees that the grant is subject to the following conditions:

A. Expenditure of Grant Funds

1. Use of Funds. Grantee must spend the grant funds only for the purposes described above.

2. Prohibited Uses. Grantee shall not use any of the funds from this grant in a manner inconsistent with Section 510 (c) (3) of the Code, including:
a. carrying on propaganda, or otherwise attempt to, influence legislation,
b. influencing the outcome of any specific public election, c. carrying on directly or indirectly any voter registration drive. d. inducing or encouraging violations of law or public policy e. causing any private inurement or improper private benefit to occur.

B. Return of Funds. Grantee shall return to the Hospital any unexpended grant funds under the following conditions:

1. If the Hospital, in its reasonable discretion, determines that the Grantee has not performed in Accordance with this Agreement; or

2. Any portion of the funding is not used for grant purposes.

C. Records, Audits. Funds provided by the Hospital shall be accounted for in the Grantee’s books and records. The Grantee shall retain original substantiating documents related to restricted grant expenditures and make these records available for the Hospital’s review upon request. The Collaborative reserves the right, upon written notice, to audit the Grantee’s books and records relating to the expenditure of any funds provided by the Hospital as a restricted grant.

D. Reports. Grantee shall submit a report to WizeHive online grant reporting platform by July 15, 2025 for the period January 1, 2025 – June 30, 2025 and the second due January 15, 2026 for the period July 1, 2025 – Dec 31, 2025. A third progress report will also be submitted by email by October 15, 2025. Grant reporting will include progress on the construction of the pickleball courts. Grant reporting will include progress on purchase of the Tot Time “Wellness Corner” development and resources, and involvement with the “FIT” and Healthy Buena Park/ “HEAL” committees supporting the Buena Park Collaborative.

E. Budgets. Expenditures of grant funds must be made substantially in Accordance with the grant budget, which is attached as Exhibit A. Any material changes from the budget must be approved in advance by the Hospital.

F. Licensing and Credentials. The Grantee hereby agrees to maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities, and for its employees and all other persons engaged in work in conjunction with this grant.

G. Management and Organizational Changes. The Grantee agrees to provide immediate written notice to the Hospital if significant changes or events occur during the term of this grant which could potentially impact the progress or outcome of the grant, including, without limitation, changes in the Grantee’s management personnel or losses of funding.

H. No Agency. Grantee is solely responsible for all activities supported by by the grant funds, and in the manner in which any such product may be disseminated. This Agreement shall not create any agency relationship, partnership, or joint venture between the parties, and Grantee shall make no such representation to anyone.

I. No Waivers. The failure of the Hospital to exercise any of its rights under this agreement shall not be deemed to be a waiver of such rights.

J. No Further Obligations by the Hospital. This grant is made with the understanding that the Hospital has no obligation to provide other or additional support or grants to the Grantee.

K. Remedies. If the Hospital determines, in its reasonable discretion, that Grantee has substantially violated or failed to carry out any provision of this Agreement, including but not limited to failure to submit reports when due, the Hospital may, in addition to other legal remedies it may have, refuse to make any further grant payments to Grantee under this or any other grant agreement and the Hospital may demand return of all or part of the grant funds not properly spent or committed to third parties, which Grantee shall immediately pay to the Collaborative. The Hospital may also avail itself of any other remedies available by law.

L. Indemnification. Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Hospital, its officers, directors, employees and agents, from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly, or partially arising from and in connection with any act or omission of Grantee, its employees, or agents in applying for or accepting the grant, in expending or applying the grant funds, or in carrying out any project or program to be supported by the grant, except to the extent that such claims, liabilities, losses, or expenses arise from or in connection with any act or omission of the Hospital, its officers, directors, employees, or agents.

M. Entire Agreement: Amendments and Modifications. This Agreement constitutes the entire agreement of the parties with respect to its subject matter supersedes any and all prior written or oral agreements or understandings with respect to the subject matter hereof. This Agreement may not be amended or modified, except in writing signed by both parties.

N. Governing Law. This Agreement shall be governed by the laws of the State of California.

VII. Acceptance of Agreement
The Hospital reserves the right to withhold or suspend payments of grant funds if the Grantee fails to comply strictly with any of the terms and conditions of this Agreement.

If this Agreement correctly sets forth your understanding and acceptance of the arrangements made regarding this grant, please countersign and return to the Hospital.

Accepted on behalf of the City of Buena Park by:
_____________________________________ ________________
Authorized Signature Date
____________________________________ _________________
Printed Name Title
Accepted on behalf of St. Jude Hospital by:
_______________________________________ ___________________ Authorized Signature Date
_______________________________________ ___________________ Printed Name Title
Exhibit A
Grant Number 202501
Budget
. Amount
Support the construction of 3
pickleball courts at Heroes Park.

Resurface the area for 2 basketball
courts, 3 pickleball courts and the 4
fitness equipment machines.
$71,320
($26,500)
Support development of a “Wellness
Teaching Corner.” Purchase of Early
Childhood Development/ Education,
healthy eating/ nutrition and physical
activity resources.
$5,000
Support the implementation of the
Active Transportation Plan by
implementing bike racks at City parks
and facilities to promote physical
activity.
$12,000
TOTAL EXPENSES $88,320
City of Buena Park
City Council Regular Meeting Agenda Report
E. BUDGET AMENDMENT TO FUND FOUR (4) NEW FULL-TIME EQUIVALENTS (FTEs) IN THE POLICE

DEPARTMENT
Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5E.

Presented By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Eddie Fenton, Assistant City Manager / Director of Human Resources
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human
Resources
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a budget amendment in the amount of $208,000 from the undesignated General Fund balance to allocate funding to the Police Department for the remainder of the FY 2024-2025.

PREVIOUS CITY COUNCIL ACTION
On November 15, 2022, the City Council authorized the “freeze” of three (3) Police Officer positions in order to add four (4) new FTEs in the Police Department. Those new FTEs were one (1) Lead Police Services Officer position and three (3) Police Services Officer positions.

DISCUSSION
In November 2024, three (3) Police Officer positions were “unfrozen,” prompting a need to approve a budget amendment in the amount of $208,000 from the undesignated General Fund balance to allocate funding to the Police Department for FY 24-25.

In 2022, the Buena Park Police Department had 12 vacant Police Officer positions. The City Council added additional four (4) FTEs utilizing the vacant Police Officer salary savings. This allowed the Police Department to quickly hire civilian, non-sworn personnel to assist with serving the public when sworn personnel were not required.

These positions provided assistance to the public in the field with general policy and procedural information concerning police department operations; and conducted inquiries needed to complete initial and basic police crime reports, such as incident reports, stolen or lost vehicles and property reports, injury and non-injury traffic reports, and missing person reports. These positions have allowed sworn police officers to perform law enforcement duties and provide the public with the much-needed assistance during their time of need.

Today, the department currently has four (4) vacant Police Officer positions. The Human Resources and Police Departments continue to recruit to fill those positions. In a recent Speak Up Buena Park community survey, findings showed that Public Safety is the number one priority for residents. Therefore, staff recommends the addition of these four FTEs to provide immediate, direct public safety support to the community.

BUDGET IMPACT
The proposed reorganization plan for the Police Department will cost the City's General Fund approximately $208,000 for six months in total compensation for the remainder of the FY 2024-2025. Staff recommends that the City Council appropriate funding for the four (4) additional FTEs in the Police Department from the undesignated General Fund balance. The total compensation for these positions is $416,000 annually.

City of Buena Park
City Council Regular Meeting Agenda Report
A. ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. DA-24-2 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. DA-27 TO EXTEND THE TERM OF THE AGREEMENT BY FIVE (5) YEARS FOR THREE EXISTING BILLBOARD SIGNS LOCATED AT 7312 WALNUT AVENUE AND 8301 ORANGETHORPE AVENUE Meeting
Tuesday, January 14, 2025, 5:00 PM
Agenda Group
PUBLIC HEARING Item: 6A.

Presented By
Harald Luna Senior Planner
Prepared By
Harald Luna, Senior Planner
Approved By
Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt an Ordinance approving Development Agreement No. DA-24-2 Second Amendment to Development Agreement No. DA-27 to extend the term of the Development Agreement by five (5) years and set the expiration date of Development Agreement No. DA-27 to February 24, 2040; and 2) Authorize the City Manager and City Clerk to execute the amendment on behalf of the City.

PREVIOUS CITY COUNCIL/COMMISSION ACTION
On January 25, 2000, the City Council adopted Ordinance No. 1401 approving Development Agreement No. DA-27 (Att. 2) to replace four (4) single-sided billboards originally constructed in 1958, with three (3) new double-sided billboards, including regulatory terms, installation criteria, and maintenance. The term of the Development Agreement was for 15 years.

On June 12, 2012, the City Council adopted Ordinance No. 1558, approving Amendment No. 1 (Att. 3) to Development Agreement No. DA-27 (DA-27 Mod No. 1) to extend the term an additional twenty (20) years, setting the expiration date to February 24, 2035, as well as the replacement of two of the three existing double-sided billboard sign structures with internally-illuminated digital signs.

On December 11, 2024, the Planning Commission conducted a duly-noticed public hearing and voted 5-0 to approve Resolution No. 6365 (Att. 4, Att. 5), recommending that the City Council adopt the Second Amendment to Development Agreement No. DA-27 (Att. 1).

DISCUSSION
The requested amendment will affect the three existing billboards. The first digital billboard sign is located along State Route 91 Freeway on the south side of Walnut Avenue, between Western Avenue and McNeil Lane. The second and third billboards are located along Interstate 5 Freeway opposite of the Auto Center and north of Orangethorpe Avenue (Vicinity Map Att. 6). One billboard is a double-sided non-illuminated billboard and the other was recently converted to a digital billboard sign. Each of the billboard sites have a General Plan Land Use Designation of Light Industrial and are within the ML (Light Industrial) and BOZ (Billboard Overlay Zone) zoning district.

The applicant is requesting a second amendment to DA-27 to extend the term of the Development Agreement by five (5) years. As it currently exists, the agreement is set to expire on February 24, 2035. Should the extension request be granted, the new expiration date of the Development Agreement will be February 24, 2040. The request to extend the term is the result of unforeseen permitting difficulties with the Union Pacific Railroad and Caltrans for the conversion of one of the billboards to a digital display which delayed the project by 12 years. The requested amendment does not change the existing billboard signs and the development standards created under DA-27 and DA-27 Mod. No. 1 will remain in effect.

On December 11, 2024, the Planning Commission conducted a duly-noticed public hearing and voted 5-0 to approve Resolution No. 6365, recommending that the City Council adopt the Second Amendment to Development Agreement No. DA-27 (Att. 1).

ENVIRONMENTAL ASSESSMENT
In accordance with the California Environmental Quality Act (CEQA) Guidelines, the City has determined that the proposed project is Categorically Exempt, pursuant to Section 15301 (Existing Facilities) Class 1 of the State CEQA Guidelines, because the proposal is for an extension of the term of the Development Agreement for the existing billboard sign structures.

PUBLIC HEARING NOTICE
On December 19, 2024, a public hearing notice was posted at City Hall, Buena Park Library, and the Ehlers Event Center. A total of 96 notices were mailed to property owners located within a 300-foot radius of the subject properties on the same date. The public hearing notice was also published in the Buena Park Independent on December 20, 2024.

BUDGET IMPACT
Pursuant to the terms of the Development Agreement, the applicant has/will pay the City a total of $1.6 million over a four-year period following the conversion of two of the billboards to digital displays ($150,000 per year for the billboard sign north of the SR-91 Freeway sign and $250,000 per year for the billboard signs south of the I-5 Freeway). The City has received all payments for the billboard along the SR-91 freeway and earlier this year received the first of four installments of the $250,000 for the digital billboard along the I-5 freeway. Revenue received will be deposited into the General Fund.

Attachments
ATTACHMENT 1 - ORDINANCE DA-24-2 SECOND AMENDMENT TO DA-27.pdf ATTACHMENT 2 - EXECUTED DEVELOPMENT AGREEMENT NO. DA-27.pdf ATTACHMENT 3 - EXECUTED AMENDMENT NO. 1 TO DA-27.pdf
ATTACHMENT 4 - DA-24-2 PLANNING COMMISSION RESOLUTION NO. 6365 SECOND AMENDMENT TO DA-27.pdf ATTACHMENT 5 - DECEMBER 11, 2024 PLANNING COMMISSION MINUTES DRAFT.pdf ATTACHMENT 6 - VICINITY MAP.pdf
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK APPROVING THAT DOCUMENT ENTITLED “DEVELOPMENT
AGREEMENT NO. DA-24-2 SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT NO. DA-27 TO EXTEND THE TERM OF
THE DEVELOPMENT AGREEMENT BY FIVE (5) YEARS AND SET THE DEVELOPMENT AGREEMENT NO. DA-27 EXPIRATION DATE TO
FEBRUARY 24, 2040, AND AUTHORIZING THE CITY MANAGER AND

CITY CLERK TO EXECUTE THE SAME ON BEHALF OF THE CITY OF

BUENA PARK
A. Recitals.
(i) California Government Code § 65864 now provides, in pertinent part, as follows:
“The Legislature finds and declares that:
“(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
“(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.” (ii) California Government Code § 65865 provides, in pertinent part, as follows:
“Any City . . . , may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article. . . .”
(iii) California Government Code § 65865.2 provides as follows:
“A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. . . .”
Ordinance No.

Page 2 ends

Buena Park City CouncilJanuary 14, 2025

Buena Park City Council
January 14, 2025