Agenda packet, regular meeting — Buena Park City Council, May 27, 2025 (part 2 of 4)

Includes copyrighted material of Insuran ce Services Office, Inc. with its permiss ion.

Policy #
6805H737478

COMM E RCI AL G ENERA L LIAB ILI T Y
that i s av a ilab le to any o f y our " em p loyee s "o ccup at ional therapi st or o ccup at ional fo r "bod i ly injury " that ari s e s out o f pr ov idin gthe rapy as s ist an t, p h y s i c a l ther ap i s t o r or f a i li ng t o prov ide "i ncidental me dic a ls p ee c h- language p a th olo gi st ; or s e r v i c e s " to any p e rs on t o the e x tent n ot(b ) F i rst ai d o r "Good Sama ri tan s e r v i c e s " s ubje c t to P ar ag r ap h 2.a. (1) o f S e c tio n II –by any o f y our " em p loyee s " or " v olunteer Wh o I s An Insur ed.w orke rs ", oth e r th an an em ployed o r v o lunteer d o ctor. An y s uc h " em p loyee s " K. M ED I C AL PAYM EN T S – INCREASE D LI M IT or " v ol untee r w orkers" prov idin g or fa il in g The f o llo wing r e pla ces P aragrap h 7. o fto prov ide fi r s t aid or "Good Sama ri tan SE CTI O N II I – L IMIT S O F I N SURA NCE :s e r v i c e s " during th ei r w ork h ours fo r yo u

7. Su bje ct to P aragrap h 5. abov e, th e Medic a lwil l b e d ee m ed t o b e a c ti ng within th e s co pe o f thei r em ploy m ent b y y ou o r Ex pens e L im i t i s the mo s t w e wil l pay und e r pe rfo rm in g dutie s r elated to t he c o ndu ct C ov erage C fo r al l me di c al ex pens e s o f yo ur bus ine s s . be c aus e o f " bodily inj ury " s us tained b y any one pers on, and w ill be th e highe r o f:3. The fo llowing r epla c e s the la st s e nt en c e o f Pa r ag r aph 5. o f SE CTIO N I II – L IMIT S O F a. $10, 00 0; orINSU R A N CE :
b . The am o unt s how n i n th e D e clarat ion s o fFo r t he p urpo s es o f d eterm i ni ng th e th i s C ov erage P art fo r Medica l E x pens eappl i cable E a c h Occurrenc e L im i t , all r e la ted Lim i t.a ct s or om i s s ions c om m i tted i n prov iding o r fa il in g t o pr ov ide "inci dent al me dical L . AM END MEN T OF EXCES S INS URA NCE s e rv i ce s ", fi r s t a id or "Good Sama ri tan COND I T ION – P ROF ES SI ONAL L IA BIL I TY s e rv i ce s " to any one p er s on wil l b e deemed The f ol lo wing i s added t o P ar ag r aph 4.b . ,to b e one " o cc urrence ". Ex ces s Insu r ance , o f SE CTI O N IV –4. The fol lowing ex clu s ion is ad ded t o CO MM ERCIAL GENE R AL L IA BI LIT Y Pa r a graph 2. , Ex clus ion s , o f SE CTION I – COND I T ION S :

CO V ER AGE S – C O VER AGE A – BODI L Y Thi s in s uranc e is ex c e s s ov er any o f the oth e rINJU RY A ND P ROP ERT Y DAM AGE i nsur an c e, wh eth e r prim ary, ex ces s , c o nti ng entL IA BI LI TY : or on a ny other b a s i s , that i s Pr o fe ss ionalSa le O f Ph armac eu ticals Lia bil ity or s im i la r c ov e rag e, t o th e ex tent t h e "Bo dily inj ury " o r "pr op e rty d am age " ari s ing lo ss i s n o t s ub ject to th e pro fe s s ional s e rv i c e s ou t o f t h e v iola t ion o f a p enal s ta tute o r ex clusion o f C o v erage A or Co v e r age B . ordi nanc e r elatin g t o the s a le of M . B LA NKET W AIVER OF SUBRO GATION –pharma c eut i c al s c om m i tt ed b y, o r w i th t he W H EN R E QUI RED BY WRI TT E N C ON T RACTk now ledg e o r c o n s ent o f t he in s ur ed. O R AG R EEMEN T5. The f ol lo wing i s a dd ed t o th e D EFIN I TION S The f ol lo w ing is add ed to P a ragraph 8. , Tra nsfe rSe ctio n:

O f Ri g h t s O f Re co very Again st O the r s T o U s ,"In ci dent al m ed i c al s e rv i ce s " m ea ns : o f SE CTION IV – C O MMERCIAL GEN ERAL a . Med i c al , s urgic a l, d en tal , lab orato ry, x - L IA BI LI TY CO ND I T ION S :
r ay o r n ursing s erv i ce or tr eatm en t, If the i nsur ed h a s agreed in a wri tten c o n tr a ct o radv i c e o r ins tru ction, o r the r ela ted ag r ee ment to w aiv e that i nsur ed ' s right o ffu rni s hing o f food or be v e rag es; or r e cov e ry against any p ers on o r o rg anizat io n, w e b . The fur nishin g o r di s pens i ng o f drug s o r w aiv e our r ight o f r e c ov e ry agai nst s uch p ers o nm ed i c al , d en tal, or s ur gi cal s u pplie s o r or o r ganizatio n, but only f o r p ay men ts w e m akeappl ia nc e s . be c aus e o f:

6. The f ol lo w i ng is added t o Par agraph 4.b . , a. "Bo dily injury " o r "property d am age " thatE xces s Ins u r ance , o f SE CTI O N IV – o ccurs ; o rCO M M ERCI AL GENE R AL LI A B ILI T Y b . "Pe rs o nal and a dv e rti s ing injury " c aus ed b yCOND I TION S :
an o ffe n s e th at i s c om m it ted ;Thi s i nsur an c e i s ex c e s s ov e r any v al id an d s ubs equent to th e s igni ng o f that c o ntra ct o rcol le c ti ble oth e r i ns ur ance , w h ether p rim a ry, ex c e ss , c o nti ng ent o r on any other b a sis, ag r ee ment.

CG D3 79 02 19 ú 20 17 T he Tra v e le rs In d e mn ity C o mp a ny . All righ ts re se rv e d . Pa ge 5 o f 6 I nc lud es co py rig ht e d ma te ria l o f I nsur a nce Se rv ice s O f f ice , Inc. w it h its p e rm is sio n.

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

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

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy 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
09/01/2024
Transtech Engineers, Inc.
13367 Benson Ave
Chino, CA 91710-3009
09/01/2025

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 ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy #
BA3R067451

COMM RCI L AUTOE A
T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E

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

BUS NE S A TO OV RAGE F RMI S U C E O

M TO CA RI R COV RA E F RMO R R E E G O
The fo lo ing i added to Parag aphl w s r c. in A.1., Who be ween you and that pe son or organiza ion, that ist r t Is An Insu edr , of SECTION II
CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i CO ERAGE FO MV R and Pa agraphr e. in A.1., Who Is pe iod, to nam as an addi ional insured fo Cov redr e t r e An Insu edr , of SECT ON II
CO ERED AU OI V T S Auto Liabil ty Cov rage, but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEO R whi h this insurance applie an only to the ex ent oc s d t f CO ERAGE FO MV R , whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c : f h s
Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of nsurance Services OfI f ce, Inc. with its permis ion.i s Policy:

BA3R067451
POLICY NUMBER:COMMERCIAL AUTOISSUE DATE:THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.DESIGNATED INSURED FOR COVERED AUTOS LIABILITYCOVERAGE – PRIMARY AND NON-CONTRIBUTORY WITHOTHER INSURANCEThis endorsement modifies insurance provided under the following:BUSINESS AUTO COVERAGE FORMSCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS

PROVISIONS
CA T4 42 02 16 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc. with its permission.© 2016 The Travelers Indemnity Company. All rights reserved.

CITY OF BUENA PARK 6650 BEACH BLVD. BUENA PARK, CA 90621

1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION Il – COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured".

2.The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV – BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule Of Additional Insured Persons Or Organizations is the first named insured when the written contract or agreement between you and that designated person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory.

BA-3R067451-24-47-G03-05-25

PAGE 17 OF 17

EXHIBIT E
ATTACH CONSULTANT’S FEE PROPOSAL DATED MARCH 3, 2025,

BEHIND THIS PAGE

Fee Proposal (Hourly Rates)

ENGINEERING ENTITLEMENT

PRIVATE DEVELOPMENT

PLAN REVIEW SERVICES
Submitted To
City of BUENA PARK
Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621

Attn.: Deepthi Arabolu, P.E.,
Assistant City Engineer

per RFP requirement, 3 bound and
1 unbound copies, and 1 pdf file on USB
is submitted

Submitted By
TRANSTECH Engineers, Inc.

Contact Person for this Proposal:

Ahmad Ansari, PE, Contract Principal
E: [email protected]
C: 949-702-5612

www.transtech.org
855.595.2495 (toll-free)
March 3, 2025

City of BUENA PARK
Public Works Department
6650 Beach Boulevard; Buena Park, CA 90621
Attn.: Deepthi Arabolu, P.E., Assistant City Engineer

Fee Proposal (Hourly Rates), ENGINEERING ENTITLEMENT PRIVATE DEVELOPMENT PLAN REVIEW SERVICES

Dear Ms. Arabolu:

As required, Fee Rates is submitted as a separate file.

Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact us.

Sincerely,

Ahmad Ansari, PE, Contract Principal E: [email protected]; C: 949-702-5612

Fee Proposal (Hourly Rates) 1

ENGINEERING ENTITLEMENT PRIVATE DEVELOPMENT PLAN REVIEW SERVICES Following is Transtech’s current Fee Schedule/Rates (Rates all inclusive, no additional cost is charged for travel, copying, etc.):

Field Technician $88 - $98 Labor Compliance Analyst $150 - $160 Engineering Technician $98 - $109 Funds Coordinator $155 - $165 Assistant CAD Drafter $109 - $124 Office Engineer $150 - $160 Senior CAD Drafter $124 - $140 Construction Inspector $145 - $155 Associate Designer $140 - $155 Senior Construction Inspector $155 - $165 Senior Designer $155 - $171 Construction Manager $176 - $191 Design Project Manager $196 - $206 Resident Engineer $191 - $206 Assistant Engineer $119 - $129
Associate / Staff Engineer $150 - $165 Public Works Inspector $145 - $155 Senior Civil Engineer $206 - $227 Senior Public Works Inspector $155 - $165 Traffic Analyst Technician $103 - $114 Supervising PW Inspector $165 - $176 Associate Traffic Analyst $155 - $165
Senior Traffic Analyst $165 - $176 Survey Analyst $155 - $160 Professional Transportation Planner $176 - $191 Senior Survey Analyst $160 - $165 Traffic Engineer Technician $98 - $109 2-Man Survey Crew $357 - $372 Associate/Staff Traffic Engineer $150 - $165 Survey & Mapping Specialist $191 - $207 Traffic Engineer $176 - $191 Licensed Land Surveyor $217 - $227 Senior Traffic Engineer $191 - $212
Project Manager $191 - $212 Funds Analyst $150 - $155 Senior Project Manager $212 - $227 Senior Funds Analyst $155 - $165 Deputy City Engineer $176 - $196 Grant Writer $171 - $176 City Engineer $196 - $212 Funds & Grant Project Manager $191 - $202 Principal Engineer $212 - $233
Community Development Technician $83 - $93
Permit Technician $78 - $88 Planning Technician $93 - $103 Plan Check Technician/Analyst/Supervisor $129 - $145 Assistant Planner $103 - $124 Building Inspector $119 - $134 Associate Planner $124 - $145 Senior Inspector $129 - $145 Senior Planner $150 - $171 Plans Examiner/Checker $145 - $160 Planning Manager $176 - $196 Plan Check Engineer $155 - $176
Deputy Building Official $165 - $176 Administrative/Clerical $72 - $83 Building Official $171 - $186 Project Accountant $83 - $93 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: July 1, 2024 - June 30, 2025
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

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

Proposal Due Date: MARCH 3, 2025 BY 3:00 PM

RFQ Administrator: Deepthi Arabolu, P.E.,
Assistant City Engineer
P u b l i c W o r k s D e p a r t m e n t
T : ( 714) 562-3679
[email protected]

Interested parties may obtain a copy of this RFQ by emailing the RFQ Administrator

ISSUED: JANUARY 30, 2025

REQUEST FOR QUALIFICATIONS (RFQ)

ENGINEERING ENTITLEMENT

PRIVATE DEVELOPMENT PLAN REVIEW SERVICES

2 | Page

OVERVIEW

The City of Buena Park (“City”) is seeking a qualified firm “CO NSULTANT” to perform professional engineering entitlement plan reviews, specializing in private d evelopment and engineering plan review services, for the Public Works Engineering Division. The select ed firm will be expected to provide plan reviews and approval of private development projects (Construction, Grading and Erosion Control, Street Improvement, Landscape, Final Map, Parcel Map, Lot Line Adjustm ent, Easement and Right-Of-Way Dedication, Encroachment Agreement, Flood and Storm Water Manag ement, etc.), including reviewing and approving all related plans for entitlement purposes. The consultant shall perform services efficiently, minimizing time spent on plan set reviews to avoid delays and excessive plan check fees for developments.

The City is looking to utilize electronic plan check and processing software, as part of the scope of the RFP.

Prospective consultants are highly encourage to include electro nic plan check software and processes as part of their proposals.

This Request for Qualifications (RFQ) will be evaluated based o n the Consultant’s qualifications and City selection.

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MINIMUM QUALIFICATIONS

The relevant qualifications for the engineering consultant:

1. Professional Licensing & Certification
 California-licensed Professional Engineer (PE) in Civil Engineering.  Desired Certification in Floodplain Management (CFM)
 Desired Qualified Stormwater Developer (QSD) / Qualified Stormwater Practitioner (QSP)  Desired California-licensed Professional Land Surveyor (PLS).

2. Experience & Expertise
 Minimum 5 years of experience in private development plan review for public agencies.  Strong knowledge of California Subdivision Map Act, CEQA, NPDES regulations, and ADA compliance.
 Expertise in reviewing construct ion, grading, drainage, stormwa ter, street improvement, and landscape plans.
 Familiarity with California Building Code (CBC), Green Building Standards, and Public Works standards, Greenbook Standards, and Orange County Public Works (OCPW) Standards.

3. Technical Proficiency
 Proficiency in AutoCAD, Bluebeam, GIS, and electronic plan check software.

4. Regulatory Knowledge
 Understanding of state, federal, and local regulations, includi ng stormwater management, right- of-way encroachments, and erosion control.

5. Project Management & Communication
 Strong ability to manage multiple projects efficiently and meet review deadlines.  Excellent written and verbal communication skills for correspon dence, reports, and coordination with developers and City staff.

6. Customer Service & Public Sector Experience
 Experience collaborating with municipal agencies, developers, contractors, and the public.  Ability to provide clear guidance to applicants while ensuring compliance with City standards.

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SCOPE OF SERVICES

The scope of services shall include the following:

1. ENTITLEMENT PHASE
 Review of various engineering plans associated with private dev elopment applications such as Tentative Parcel or Tract Maps, Conditional Use Permits, and other planning cases.  Review of preliminary grading, utility (sewer and water) and drainage plans to determine the impact of the proposed development on City facilities, includin g streets, drainage, grading, parking, pedestrian and vehicular circulation, clean water/erosion control aspects of projects and storm water issues.
 Review of on-site utilities and grading features.
 Review preliminary technical studies related to private develop ment projects, including but not limited to Preliminary Hydrology/Drainage Study, Sewer Capa city Study, Water Capacity Studies, Preliminary Water Quality Management Plan and Traffic Impact Studies, VMT Technical Memos, Photometric Analyses.
 Review of other conceptual Improvement Plans related to the ent itlement of the private development including streets, monuments, landscaping, and similar facilities.  Review right-of-way (ROW) requirements for the proposed develop ment including required ROW dedications and easements.
 Provide written comments and Conditions of Approval (COA) for all reviews.  Participate in meetings with City staff to discuss project specifics.  Participate in meetings on behalf of Engineering Division and Public Works as requested.

2. PERMITTING PHASE
 Review of private development final construction plans for compliance with City standards and codes and for approval and permitting.
o The plans will include rough grading and precise grading plans, utility plans (sewer and water), drainage plans, including Best Management Practices (BM P’s) recommended by the Water Quality Management Plan (WQMP).
 Review and approval of Final Hydrology and Hydraulic report, Final Water Quality Management Plan.
 Review of final subdivision maps, lot mergers and lot line adju stment, easement dedications to the City, etc. associated with the proposed private development.  Provide written comments/conditions for all reviews.
 Participate in meetings on behalf of Engineering Division and Public Works as requested.  Participate in meetings with City staff to discuss project specifics.

3. CONSTRUCTION PHASE
 Review of any of the construction plan changes due to field conditions etc.  Review of dewatering plans.
 Review of shop drawings and material specifications for project compliance.

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SCOPE OF SERVICES

4. DATABASE PORTAL
 Creation of a database/web based portal to facilitate the electronic plan checks and processing of submissions.
 Database portal shall at a minimum have the capability to support numerous users.  Database shall have be modular and allow of additions and modifications of fields as requested by the City.

The consultant shall have the ability to abide by the below plan check review period:

Plan Submittal
Plan Check Turn-Around
1st Plan Check 10 to 15 business days
2nd Plan Check 5 to 10 business days
3rd Plan Check 5 to 10 business days

For larger and more complex projects such as residential develo pments greater than 150 homes, one additional work-week for the 1st and 2nd plan check shall be pr ovided, if necessary, to complete a thorough plan check. Consultant shall have the flexibility to modify plan check priorities as requested by the City.

The Consultant shall maintain all files for a period of five ye ars and copies of requested files will be furnished to the City upon request.

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TERM OF SERVICES

A fully executed Professional Service Agreement (Attachment A) will be effective tentatively on April 22, 2025 and continue for a term of three (3) years. The City M anager or his/her designee shall have the option to extend said Agreement for up to two (2) additiona l years in one-year increments for a total of five (5) years.

T h e C i t y o f B u e n a P a r k m a k e s n o w a r r a n t y o r g u a r a n t e e r e g a r d i n g the number, type, or extent of projects requested by the individual/firm selected. In the past, an average need for such services varied between 20 to 30 hours per week.

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RFQ SCHEDULE

The following represents the schedule:

TASK DATE
Release of RFQ January 30, 2025
Deadline for Final Questions February 14, 2025
City Response to Questions February 20, 2025
Proposal Submission Deadline March 3, 2025
Selection of Consultant March 17, 2025
Interview (if needed) March 25, 2025
Negotiations March 31, 2025
Contract award by City Council May 13, 2025

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SUBMITTAL FORMAT & EVALUATION CRITERIA

The qualification letter should contain the requested informati on, but shall not be longer than 10 pages (not including attachments):

A statement of commitment to perform all plan checks within the following schedule:

Plan Submittal
Plan Check Turn-Around
1st Plan Check 10 to 15 business days
2nd Plan Check 5 to 10 business days
3rd Plan Check 5 to 10 business days

The Consultant shall maintain all files for a period of five ye ars and copies of requested files will be furnished to the City upon request.

Most importantly, the Consultant shall include an electronic submittal and database software for multiple users to track work.

The selection of the firm or team will be based upon the proposal that demonstrates the most desirable combination of the following criteria and requirements:
 Describe your process of obtaining and returning plans from the City of Buena Park.  Identify the firm’s specific experience in performing electroni c p l a n r e v i e w s f o r public agencies.
 Describe your firm’s QA/QC process for performing the work.  Indicate the name of the proposed project manager and that mana ger’s specific municipal entitlement plan review and conditions of approval ex perience. Include three (3) client references, dates of service, and reference contact information.  Indicate the point of contact and secondary point of contact fo r responding to City inquiries for comment clarifications and project status.  Include a maximum of three (3) resumes: project manager and tw o development review engineers.
 Attach samples of plan review products for reference.  Attach samples of database portal products for reference.

Submit a fee proposal that includes the following:
 Hourly rates for the project manager and development review engineer ONLY  Include average hours required/needed
The City is under no obligation to award this project to the Co nsultant offering the lowest fee proposal.

Evaluation criteria expressed in this RFQ solicitation may be u sed in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications o f t h e C o n s u l t a n t s a n d w h e t h e r t h e

9 | Page

proposals comply with the prescribed requirements. The size an d scope of the project at hand may dictate the degree to which Qualifications-Based Selection processes are utilized.

The City reserves the right to determine whether a proposal mee ts the specifications and requirements of this RFQ and reject any that, in the City’s sole opinion, fa i l s t o m e e t t h e d e t a i l o r i n t e n t o f t h e requirements. The City reserves the right to reject any/all proposals.

Responsive proposals may be evaluated according to each of the following Evaluation Criteria and scored accordingly:

Evaluation Criteria Max Points
Understanding of work 30
Experience with similar work 30
Quality of staff 10
Capability of developing innovative/ advanced techniques 10 Financial responsibility 10
Demonstrated technical ability 10
Total 100

The above factors may be considered in evaluating qualification s. Upon selection of the most qualified consultant, the City will begin negotiations with that firm. If an agreement cannot be reached after a reasonable period, as determined by the City, the City will formally terminate negotiations with the firm and begin negotiations with next highest ranked applicant.

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SUBMITTAL REQUIREMENTS

REGISTRATION:

All interested Consultants shall register with the RFQ Administ rator by emailing Deepthi Arabolu at [email protected].

PROPOSAL FORMAT:

Qualifications shall be submitted to the RFQ Administrator. Pl e a s e n o t e t h a t p a r t o f t h e e v a l u a t i o n criteria takes Consultant’s proposal responsiveness into consid eration. Proposals missing the required components listed will be evaluated accordingly.

Qualifications received after the deadline will not be accepted . The subject line of the email should include the consultant’s name and the title of this RFQ, “ENGIN EERING ENTITLEMENT PRIVATE DEVELOPMENT PLAN REVIEW SERVICES.”

All qualifications and requested compensation must remain valid for a minimum period of ninety (180) calendar days after the submission deadline. Responses may not be modified or withdrawn during this period of time except in accordance with this RFQ and with written permission granted by the City.

SUBMITTAL INFORMATION:

Proposals are due by 3:00 PM on MARCH 13, 2025 to the RFQ Administrator at the City of Buena Park.

Postmarks will not be accepted.

R F Q A d m i n i s t r a t o r : Deepthi Arabolu, P.E., Assistant City Engineer C i t y o f B u e n a P a r k – P u b l i c W o r k s D e p a r t m e n t 6650 Beach Boulevard
B u e n a P a r k , C A 90621
T : ( 714) 562-3679
E m a i l : [email protected]

Four hard copies (3 bound, 1 unbound) and an electronic copy via USB of the proposal shall be submitted.

It is the responsibility of each Consultant to ensure their Qua lifications are received before the stated deadline. The Public Works Department may be reached at (714) 562-3670 to verify receipt of proposals.

QUESTIONS, ANSWERS, AND ADDENDA TO RFQ:

P r i o r t o t h e R F Q s u b m i s s i o n d e a d l i n e , q u e s t i o n s m a y a r i s e r e g a rding the specifications, procedural, and/or administrative matters. Please contact Deepthi Arabolu at (714)562-3679 and/or [email protected]. All Changes to the RFQ itself shall only be made by the City via a written addendum. All addenda will be published via email and shall become part of the RFQ document requiring response by the Consultant where indicated. All questions shall be received by the RFQ administrator by 2/14/25.

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DRAFT AGREEMENT:

A standard draft template of the City’s Professional Services A greement is attached for review. Please note that general provisions and insurance requirements are not subject to change. If your firm is selected following the RFQ process, a final agreement will be prepared f or approval and execution. At that time, you will need to provide current insurances certificates, which meet the requirements as listed in the agreement.

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TERMS AND CONDITIONS

Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by the Consultant submitting the proposal of the terms, conditions and specifications contained in this RFQ and Draft A greement, unless clearly and specifically stated otherwise in the completed Statement of Compliance.

Precedence of Terms and Conditions
All other terms and conditions of the Draft Agreement attached within this RFQ are hereby incorporated into the terms and conditions of this RFQ. In the event of a conflict of terms and conditions between the RFQ document and the draft agreement, the terms and conditions expressed in the Draft Agreement shall take precedence.

Public Record
Upon submission of a proposal and other materials for considera tion by the City, such proposals and materials shall become the prope r t y o f t h e C i t y o f B u e n a P a r k . P r o p o s a l s m a y b e s u b j e c t t o p u b l i c inspection and disclosure pursuant to state and federal law after the award of a contract for this project.

Prior to the RFQ deadline, proposals may be modified or withdra wn by an authorized representative of the Consultant by written notice to the RFQ Administrator.

Late Proposals
Any proposal which is not received by the City‘s Public Works Department (6650 Beach Boulevard, Buena Park, CA 90621) prior to the deadline date and time set forth in this RFQ shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.

Representations Not Binding
No verbal or written information that is obtained other than th rough this RFQ or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFQ or give information as to the requirements of the RFQ in addition to that contained in or amended to this written RFQ document.

Errors and Omissions
This RFQ cannot identify each specific, individual task required to successfully and completely implement this project. The City relies on the professionalism and competence of the Consultant to be knowledgeable o f t h e g e n e r a l a r e a s i d e n t i f i e d i n t h e s c o p e o f w o r k a n d t o i n clude in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, staff-hours, labor, direct and indirect costs, etc. Consultant shall not take advantage of any errors and/or omissions in this RFQ document or in the firm’s specifications submitted with their proposals. Wher e such errors or omissions are discovered by the City, full instructions will be given by the City in the form of an addenda.

Proposal Validity
Unless otherwise noted by the Consultant, all proposals shall be held valid for a period of 180 days.

Right of Rejection

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The City reserves the right to: (1) Accept or reject any and al l proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request c larification of any information contained in a proposal; (3) Solicit new proposals on the same project, or o n a modified project, which may include p o r t i o n s o f t h e o r i g i n a l R F Q a s t h e C i t y m a y d e e m n e c e s s a r y ; ( 4) Disregard all non-conforming, non- responsive, or conditional proposals, (5) Reject the response o f any Consultant who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) Neg otiate service contract and terms with the successful Consultant.

Non-Compliance
Consultant and/or proposals that do not meet the stated requirements for this project may be considered noncompliant and may be disqualified, unless such noncompliance i s w a i v e d b y t h e C i t y . D u r i n g t h e evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions.

Exceptions to Proposal Requirements
Consultant may find instances where they must take exception with certain requirements or specifications o f t h e R F Q a n d / o r D r a f t A g r e e m e n t . A l l e x c e p t i o n s s h a l l b e c l early identified using the Statement of Compliance, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.

Determination of Responsiveness
The City shall have sole authority in determining the responsiv eness of any/all proposals. For proposals containing exceptions to specifications and/or requirements, th e City shall have sole authority in determining the extent to which exceptions affect the responsiveness of any proposals.

No Obligation to Award
The City of Buena Park is not obligated to enter into a contract or agreement on the basis of any proposal submitted in response to this RFQ. City reserves the right to award multiple contracts for this project if it is deemed most advantageous to the City.

Bidder Reimbursement Prohibition
The City will not pay for any information herein requested, nor are they liable for any costs incurred by any vendors prior to award of a contract or purchase order. The City may require the finalist Consultant(s) to provide on-site presentations and demonstrations of the prod uct(s)/service(s) proposed by the Consultant(s). All costs associated with the demonstrations or follow-up interviews are the sole obligation of the Consultant(s).

Gratuity Prohibition
Consultant shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this proposal. Submission of a proposal indicates Consultant certifies that they have not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.

Contact with City Personnel or Entities
During the RFQ procurement process, proposal evaluation process and proposal selection process, the RFQ Administrator is to serve as the primary point of contact f or all matters pertaining to this RFQ and project. Consultant shall not contact any City personnel or entities, other than the RFQ Administrator, for

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matters regarding this project until conclusion of the entire procurement process, which shall be defined with an Agreement Award. Unauthorized contact may result in disqualification of proposals.

Indemnification and Release of Liability
Consultant, at its own expense and without exception, and to the maximum extent permitted by law, shall indemnify, defend and pay all damages, costs, expenses, includi ng attorney fees, and release in advance and hold harmless the City, its elected officials, officers, em ployees, and agents, with respect to any and all claims and liabilities of any nature or kind arising out of or incurred in connection with Consultant’s participation in this RFQ process including: (i) submittal of a p r o p o s a l ; ( i i ) s e l e c t i o n o f a d i f f e r e n t Consultant; and/or (iii) Consultant’s provision of services if Consultant is selected and enters an agreement with the City pursuant to this RFQ.

Insurance Requirements
The selected Consultant(s) for this project shall be required, prior to the execution of a contract, to furnish proof of insurance. The specific insurance types and limits depend on the project and can be found in the Draft Agreement of this RFQ solicitation.

Compliance with All Applicable Laws
Consultant declares that it shall comply with all licenses, sta t u t e s , o r d i n a n c e s , r e g u l a t i o n s a n d requirements of all governmental e ntities, including federal, state, county or municipal, whether now in f o r c e o r h e r e i n a f t e r e n a c t e d , i n c l u d i n g , b u t n o t l i m i t e d t o , a ppropriate state licensing and business licensing.

Compliance with California Labor Code
The work required pursuant to this RFQ may, in whole or in part , constitute “public works” as defined in Section 1720 of the California Labor Code. Therefore, unless advised otherwise in writing by the City prior to performing on any particular project, the Consultant shall c omply with all applicable requirements of the California Labor Code incl uding Sections 1720 through 1861 which require payment of prevailing wages, registering with the Department of Industrial Relations prior to execution of an agreement with the City, and maintaining certified payroll records, all as mor e fully set forth in Section 15.12 of the Draft Agreement.

Fee Schedule
Fee Schedule shall include any/all applicable licenses, insuran ce coverage, endorsements, bonding and if necessary, any wage compliance deemed necessary to perform the work or services as part of the project described in this RFQ. City will not be responsible for reimbu rsing the Consultant for any charges not included in the proposal pricing that are incurred in securing these requirements.

Subconsultant/Joint Ventures
The selected Consultant shall be the lead Consultant performing the primary functions of the Agreement.

If any portion of the Agreement is to be performed by a subcons ultant, this must be clearly set forth in the proposal submittal as to what part(s) is/are to be delegated. The City reserves the right to reject any proposal wherein use of subconsultant(s) significantly affects the ability of the Consultant to function as lead on the awarded agreement. The lead Consultant will, at al l times, be responsible for the acts and errors or omissions of its subconsultants or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a Consultant’s request to use subsonsultants is at the sole discretion of the City.

DRAFT AGREEMENT

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CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

D A T E : M a y 1 3 , 2 0 2 5

S E R V I C E S : E n g ineering Entitlement and Development Plan Reviews

P R O J E C T : E n g ineering Entitlement and Development Plan Reviews

PARTIES TO THE AGREEMENT:

“CITY”: City of Buena Park, a California Municipal Corporat ion

City Representative: Name:

Title:

Tel.:

Email:

“CONSULTANT”: [NAME ], a [business entity, i.e. LLC, LP]

Consultant
Representative:

Name:

Title:

Tel.:

Email:

SUMMARY OF TERMS:

Start Date: May 13, 2025

End Date: M a y 1 3 , 2028

Contract Value: $___________

Services a “Public Work”: NO [X] YES [___]

Community Workforce Agreement: NO [X] YES [___]

Insurance Approved By Risk Management: NO [___] YES [__ _]

APPROVED BY: (___) Department Head (___) City Manager (select one) Contrac t Value ≤ $10,000 C ontract Value ≤ $80,000

(___) 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.

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CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“ Agreement”) is dated as of May 13, 2025, between the City of Buena Park, a California charter city (“ CITY”), and [NAME OF CONSULTANT], a [BUSINESS ENTITY] (" 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 May 13, 2025 and shall remain in full force and effect until May 13, 2028 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 dec rease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performan ce (defined below), shall be documented in a written amendment to this Agreement. Increas es 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 authorizati on. 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 tim ely and diligent manner reasonably acceptable to CITY.

4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services, in cluding any authorized reimbursa ble expenses, shall NOT EXCEED the total maximum sum of $_________________ (“ 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 consi deration 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 Proc eed, CONSULTANT shall submit an invoice to CITY for the Services per formed and any authorized reimbursable expenses incurred in the immediately preceding cal endar month. (Ex: invoices for Services rendered in January should be submitted in February ). The invoices shall describe in detail the Services rendered during each invoice period such as the days worked, personnel involved, number of hours worked, rates charged, milestones achieved, work product generated, or reimbursable expenses incurred, as applicable. CONSULTANT shall remit the invoices to the address and in the manner specified by CITY.

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5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt. CITY shall not withhol d 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 pr actitioner of CONSULTANT’s profession in California, and shall at all times, meet or excee d any applicable professional standards of care, workmanship, or conduct. All products of wha tsoever 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 observe d by a person currently practicing in CONSULTANT’s profession. The acceptance of the Se rvices 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 re present 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, medi cal 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, agen ts, or subcontractors providing Services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retir ement 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 s ubcontractors, 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 ow n expense, all personnel required to perform the Services under this Agreement. All of t he Services shall be performed by CONSULTANT or under its direct supervision, and all personnel e ngaged in the work shall be qualified to perform it. CONSULTANT reserves the right to deter mine 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 Agreemen t 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 Representat ive. CITY may change the identity of the City Representative upon written notice to CONSULTANT.

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8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer th is Agreement on behalf of CONSULTANT and to act, bind, and approve all matters relating t o this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced w ithout 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 des ist 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 per sons and property resulting from its operations. CONSULTANT shall immediately report to CIT Y any hazardous condition noted by CONSULTANT.

10. INDEMNIFICATION AND HOLD HARMLESS.

10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys’ fees, litigation costs , defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. Thi s Section is intended by the Parties to provide the fullest protection possible under Califo rnia law to CITY and the City Indemnitees. CONSULTANT acknowledges that CITY would not have e ntered 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 ar e 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, indem nify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduc t of CONSULTANT, its officers, employees, or agents in said performance of the Services, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of CITY.

10.3 Indemnification for Services. Other than in the performance of design professional services by a desi gn professional, as covered by S ection 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, suppl iers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including CONSULTANT’s active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or b y 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 cos ts and expenses, including all attorneys’ fees and experts’ costs actually incurred in connect ion with such defense.

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CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.

10.4 Taxes, Assessments, Workers Compensation . C O N S U L T A N T s h a l l p a y a l l required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws r egarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any fail ure 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 Agre ement 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 an y 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 limitati ons 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 o f CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement o r 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 th at are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provide evidence o f such coverage to the satisfaction of CITY’s Director of Risk Management, which may i nclude a visual inspection of all policies, copies of declarations page, endorsements signed by a n 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 Co verage 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 complet ed operations, and contractual liability.

.2 The most current version of Insurance Service Office (ISO) B usiness Auto Coverage Form CA 00 01, which shall include coverage for all ow ned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).

.3 Workers' Compensation insurance as required by the Californi a Labor Code and Employer's Liability Insurance.

.4 Professional Liability (Errors and Omissions) insurance appr opriate to CONSULTANT’s profession. If such insurance policy is written on a claims-made form, t he

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retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.

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

.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate li mit 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 inj ury and property damage.

.3 Employer's Liability: $1,000,000 per accident for bodily inj ury 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 polic y(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self-in sured 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 guara ntee, satisfactory to the City Manager or his/her designee , guaranteeing payment of losses and related investigations, clai m 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.

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.3 All insurance coverage shall contain a provision that prohib its 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 cer tificates 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 waiv es 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 m aintained, 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 t han 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 th e 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 CIT Y. 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 CIT Y 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 a lso provide proof that the policies of insurance required under this Agreement and expirin g during the term of this Agreement have been renewed or replaced with other policies pro viding at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. CITY may require complete, certified copies of all re quired insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONSULTANT shall provide complete copies of policies to CITY upon request.

11.9 Other Insurance Provisions.

.1 All insurance coverage and limits 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 operat ions limits the application of the insurance coverage.

.2 Requirements of specific coverage features or limits contain ed 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 re ference to a given coverage feature is for purposes of clarification only and is not intend ed 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 p ursuant to the terms of this Agreement.

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.4 Any actual or alleged failure on the part of CITY or any oth er additional insured under these requirements to obtain proof of insurance r equired under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard.

.5 In the event any policy of insurance required under this Agr eement does not comply with these requirements or is canceled and not repla ced, CITY has the right, but not the duty, to obtain the insurance it deems necessary, and CONSU LTANT shall promptly reimburse to CITY any premium paid by CITY.

.6 CONSULTANT shall provide immediate notice to CITY of any cla im 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 C ONSULTANT to carry the same insurance as required in this Section 11. CONSULTANT shall obt ain 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 rig ht 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 i n compliance with Section 11.8.

CITY’s failure to request copies of the documents shall not imp ose 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 requ ired under this Agreement.

CONSULTANT shall, upon request by CITY and upon completion or t ermination 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 desi gns, 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 the ir use, duplication or dissemination by CITY upon final payment being made. CONSULTANT shall not obt ain or attempt to obtain copyright protection as to any of the Work Product.

.2 CONSULTANT hereby assigns to CITY all rights of ownership t o the Work Product, including any and all related intellectual property an d proprietary rights that are not otherwise vested in CITY pursuant to subsection .1 above.

PAGE 9 OF 15

.3 CONSULTANT warrants and represents that it has secured all n ecessary 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 Pro duct, and full legal authority and the right to use and reproduce the Work Product for any purpose. CO NSULTANT 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 Produ ct is violating federal, state or local laws, or any contractual provisions, or any rights or law s 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 cos ts 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 de liverables 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 u sing 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 termina tion 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 Cit y 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, CONSULT ANT shall comply with all CITY policies governing the use of CITY network and technology syste ms. 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 Se rvices. All such records shall be maintained in accordance with generally accepted accounting pri nciples 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 Representa tive, 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, an d shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.

PAGE 10 OF 15

“delegation” means any sale, gift, pledge, hypothecation, encum brance or other transfer of all or any portion of the rights, obligations, or liabilities in or ar ising from this Agreement to any person or entity, whether by operation of law or otherwise, and regard less 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 giv ing a written notice of suspension to CONSULTANT. If CITY gives such notice of suspensi on, 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 CIT Y gives such notice of termination, CONSULTANT shall immediately cease rendering Servi ces pursuant to this Agreement. If CITY terminates this Agreement:

.1 CONSULTANT shall, not later than five days after such notic e 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 r endered 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 th e 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 an d 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 Governm ent 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 an y manner with the interests of CITY or that would in any way hinder CONSULTANT’s performance of Servic es under this Agreement.

CONSULTANT further covenants that in the performance of this Ag reement, 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 15

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 connect ion 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 reme dy 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 A greement 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, econ omical, and efficient manner in accordance with all applicable laws and generally accepted indu stry 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 a nd assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

PAGE 12 OF 15

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 wa iver 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 fo rth in this Agreement are inserted for convenience and reference only and s hall be disregarded in construing or interpreting any of the provisions of this Agreem ent 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 fin al, 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*

Name of Business

Signature

Name: Name:

Title: Title:

PAGE 13 OF 15

*If CONSULTANT is a corporation, then pursuant
to California Corporations Code Section 313 this
Agreement must be executed by either: (1) the
chairperson of the board; (2) the president; or (3)
the vice president plus any one of the following:
the secretary, any assistant secretary, the chief
financial officer, or any assistant treasurer.

Signature

Name:

Title:

ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

PAGE 14 OF 15

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:

ADD DESCRIPTION

ADD SCHEDULE

ADD COMPENSATION RATES / SCHEDULES

PAGE 15 OF 15

EXHIBIT __

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

LEVINE ACT DISCLOSURE STATEMENT

California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency fr om making, participating in, or in any way attempting to influence the awarding of a contract by t he 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 direct ly 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 an y such contributions to be made by a party to be awarded a contract by the local agency. The Le vine 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 y our 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 propo sals 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 yo ur 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 propo sals, 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, p reclude the identified officer(s) from making, participating in, or in any way attempting to infl uence the contract award process.

Failing to provide full and accurate information on this form m ay be grounds for disqualification and other legal penalties.

_______________________ _____________________________________

D A T E S I G N A T U R E O F A U T H O R I Z E D O F F I C I A L

_______________________ _____________________________________

NAME OF COMPANY NAME, TITLE
City of Buena Park
City Council Regular Meeting Agenda Report
H. BUDGET APPROPRIATION AND APPROVAL OF CHANGE ORDER NO. 1 FOR THE 6591 BEACH BOULEVARD

FIRE HYDRANT INSTALLATION PROJECT
Meeting
Tuesday, May 27, 2025, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4H.

Prepared By
Hector Guzman, Assistant Engineer
Department Head Approval
Mina Mikhael, Director of Public Works/City Engineer
Presented By
Hector Guzman, Assistant Engineer

RECOMMENDED ACTION
1) Approve an appropriation of $122,367.53 from the undesignated Economic Development Fund balance to the project account; and, 2) Authorize Change Order No. 1 in the amount of $10,867.63 with Big Ben Engineering, Inc.

PREVIOUS CITY COUNCIL ACTION
On January 14, 2025 City Council adopted Resolution No. 14939 approving the plans, speciﬁcations, and contract with Big Ben Engineering for the 6591 Beach Boulevard Fire Hydrant and Fire Service Installation project.

DISCUSSION
On May 12, 2025, Big Ben Engineering, Inc. commenced potholing operations to locate the connection point for the ﬁre hydrant and water line installation project. During this preliminary work, excavation through 14 inches of asphalt concrete and sidewalk revealed the presence of a utility duct bank running parallel to the existing water main. This unforeseen utility conﬂict necessitates a modiﬁcation to the planned hot tap connection for the new ﬁre hydrant and ﬁre service line. As a result of the utility duct bank's location, additional materials and labor hours will be required to install the new infrastructure.

Big Ben Engineering, Inc. has submitted a change order request in the amount of $10,867.63 to address these necessary adjustments.

Following City Council approval of the change order, construction activities are scheduled to resume in mid-June 2025, with an anticipated project completion date in early July 2025.

BUDGET IMPACT

The initial approved project construction budget was $111,500, as shown below:

Construction Contract: $101,500
Construction Contingency: $10,000
Total Project Cost: $111,500
With the approval of change order #1 in the amount of $10,867.63, the new project construction budget will be $122,367.63
This project was not initially allocated in the annual budget, therefore, staff requests that the City Council appropriate funds from the undesignated Economic Development Fund balance for this purpose.

Attachments
Att 1 of 1- CO-No.1.pdf
01 5/14/2025
Project Name:

Project No:

Owner:

Description:

REG OT DT HOURLY RATE TOTAL

4.0 $117.00 468.00$

4.0 $95.00 380.00$
848.00$

QTY HOURS HOURLY RATE TOTAL
-$

UNIT QTY UNIT PRICE TOTAL
LS 1.0 $4,269.67 4,269.67$
LS 1.0 $977.64 977.64$
LS 1.0 3,224.37$ 3,224.37$
-$
-$
-$
-$
-$
Tax: 0.00% -$
8,471.68$

UNIT QTY UNIT PRICE TOTAL
-$
-$
9,319.68$
TYPE AMOUNT 1,440.35$
LABOR 20% 107.60$
EQUIPMENT 15% Total 10,867.63$
MATERIAL 15%
SUB 5%
Bonding 1%
BONDING(1%)

SUBCONTRACTOR

TOTAL COST OF SUBCONTRACTOR
MARK-UP LABOR + EQUIP + MATERIAL + SUB TOTAL

MARK-UP TOTAL

SUBCONTRACTOR

TOTAL COST OF EQUIPMENT

MATERIAL

DESCRIPTION
Material Cost Difference due to tariffs
Material Cost Difference for tapping sleeves
Additional material requirements to hot tap and install over Duct Bank

TOTAL COST OF MATERIALS

TOTAL COST OF LABOR

EQUIPMENT

DESCRIPTION
Change Order
CO #:

CO DATE:
6591 Beach Blvd
383
City of Buena Park
This change order includes additional material costs resulting from annual price increases and global tariffs, as well as the increased cost of tapping sleeves due to uncommon outside diameters(OD) and limited availability. It also covers the added material and labor costs associated with performing a hot tap at the 12 o’clock position and installing the water main lateral over the ductbank conduits.

LABOR

DESCRIPTION
Foreman
Laborer

City of Buena Park
City Council Regular Meeting Agenda Report
I. APPROVAL OF TRACT MAP NO. 19319 AT 8030 DALE STREET
Meeting
Tuesday, May 27, 2025, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4I.

Prepared By
Hector Guzman, Assistant Engineer
Department Head Approval
Mina Mikhael, Director of Public Works/City Engineer
Presented By
Hector Guzman, Assistant Engineer

RECOMMENDED ACTION
1) Approve Tract Map No. 19319 for a private development located at 8030 Dale Street and, 2) Authorize the City Engineer and City Clerk to execute the tract map.

PREVIOUS CITY COUNCIL ACTION
On November 12, 2024, the City Council adopted Resolution No. 14921 approving a tentative tract map TT-24-1.

DISCUSSION
The Final Tract Map for Tentative Tract Map No. TT-24-1 has been reviewed and found to be in compliance with the conditions of approval adopted by the City Council under Resolution No. 14921 on November 12, 2024. The map facilitates the subdivision of a 3.87-acre parcel at 8030 Dale Street for a 93-unit town-home development, consistent with the approved tentative map, General Plan, and Subdivision Map Act. This map is a requirement for this development due to the amount of units proposed as part of the project. The map also delineates all required access easements for emergency services in accordance to the Subdivision Map Act. All required dedications, easements, and public improvements have been addressed, and technical reviews by City departments and the Orange County Fire Authority have been completed. Approval of the Final Map will allow the project to move forward to recordation and construction.

The tract map has been completed to the satisfaction of the City Engineer and is now ready to be fully executed and recorded. All the requirements set by the City and the County have been met. In accordance with City ordinance, City Council approval is required before the map can be recorded.

BUDGET IMPACT

There is no budget impact with the approval of this tract map.

Attachments
Att. 1 of 2 Tract Map No. 19319.pdf
Att. 2 of 2 Resolution No. 14921.pdf

RESOLUTION N0. 14921
TENTATIVE TRACT MAP NO. TT-24-1
CONDITIONAL USE PERMIT NO. CU-24-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK APPROVING A TENTATIVE TRACT MAP TO
SUBDMDE AN EXISTING 3.87-ACRE PARCEL FOR

CONDOMINIUM PURPOSES IN CONJUNCTION WITH

CONDITIONAL USE PERMIT TO ALLOW FOR THE
DEVELOPMENT OF 93-UNIT TOWNHOMES, AND TO ALLOW
BUILDING HEIGHTS UP TO 37 FEET 7 INCHES FOR THE
PROPERTY LOCATED AT 8030 DALE STREET (APN: 070-501-

O-I ), AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, Christopher Courtney of Brandywine Homes,("Applicant"), 2355 Main Street, Suite 220, Irvine, CA 92614, on behalf of Perge Ventures, Inc., a Delaware Corporation, property owner, 13000 E. Firestone Boulevard, Santa Fe Springs, CA 90670 has filed an application for a Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 to subdivide an existing parcel containing 3.87-acres for condominium purposes, and allow development of ninety-three (93) unit townhomes with building heights up to 37 feet 7 inches for the property located at 8030 Dale Street in Buena Park, California, in the County of Orange (APN: 070-501-01). Hereinafter in this Resolution, the subject Tentative Tract Map and Conditional Use Permit request are referred to as the "Application."; and WHEREAS, the Planning Commission of the City of Buena Park conducted a duly noticed public hearing, as required by law, to consider Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 along with a Mitigated Negative Declaration No. MND- 24-2 for the Project. Said public hearing was conducted and concluded on August 28, 2024; and
WHEREAS, the Planning Commission approved Resolution No. 6359 recommending that the City Council adopt Tentative Tract Map No. TT-24-1 and Conditional Use Permit No.

CU-24-1, as conditioned; and
WHEREAS, a public hearing before the City Council on this item was noticed and scheduled for September 24, 2024, and the hearing on the item was continued to the regularly scheduled City Council meeting of November 12, 2024.

WHEREAS, on November 12, 2024, the City Council conducted a duly noticed public hearing on the Application, as required by law, and concluded said hearing prior to the adoption of this Resolution; and
WHEREAS, the City Council of the City of Buena Park has reviewed and considered all components of the proposed Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 and concluded its public hearing prior to adoption of this resolution; and WHERAS, all legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

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

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
Section 4. The City Council hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct.

Section 2. Based upon substantial evidence presented to the City Council during the above-referenced hearing, including written staff reports, verbal testimony, and the Conditional Use Permit CU-24-1 Development Plans stamped "RECEIVED JUL 3 2024 PLANNING DIV." and Tentative Tract Map TT-24-1 Plans stamped "RECEIVED JUL 14 2024 PLANNING DIV.," this City Council hereby specifically finds, determines, and resolves as follows:

Conditional Use Permit
a. FINDING: The proposed use and development is consistent with the General Plan and any applicable specific plans.

FACT: The proposed 93-unit townhome residential development is a permitted use within the RM-20 (Medium-Density Multifamily Residential) zone, as conditioned, and approved concurrently with General Plan Amendment No. GP-23-1, Zone Change No.

Z-23-1, and Mitigated Negative Declaration No. MND-24-2 with the appropriate Conditions of Approval and Mitigation Measures will meet all applicable requirements of the General Plan and Zoning Ordinance, and other laws. The proposal is consistent with the design goals of the Architectural Design Guidelines for multifamily residential developments by providing building and site enhancements. The proposal will comply with density, lot coverage, setbacks, floor area, parking, circulation, open space, building materials, as conditioned, and other applicable requirements.
b. FINDING: The site is adequate in size, shape, topography, location, utilities and other factors, to accommodate the proposed use.

FACT: The site area will be adequate in size, shape, topography, location, utilities and other factors to accommodate the townhome community. The site is relatively flat, and can accommodate the proposed development along with open space provisions for the future residents.

C. FINDING: Adequate street access and traffic capacity are or will be available to serve the proposed development as well as existing and anticipated development in the surrounding area.

FACT: The Project will gain access from La Palma Avenue and Dale Street. La Palma Avenue is considered a Primary Highway in the City's Mobility Element, within the General Plan. A Primary Highway is a four-lane divided roadway, with a typical right-of- way width of 100 feet, and a roadway width curb to curb of 84 feet, including a 14-foot median. Additionally, Dale Street is Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
considered a Secondary Arterial in the City's Mobility Element, within the General Plan. A Secondary Arterial is a Four-lane undivided (without a median) roadway, with a typical right-of-way width of 80 feet, and a roadway width from curb-to-curb of 64 feet. Both driveways enter the site into a 24-foot-wide interior street. The driveways are not proposed to be gated, which eliminates potential for queuing vehicles into the public right-of- way for site access. The Project proposes to construct a raised landscaped center median on La Palma Avenue to allow for left out and left in access to the Project site. As such, adequate street access and traffic capacity are available to serve the proposed 93-unit townhome development as well as existing and anticipated development in the surrounding area.

FINDING: Adequate utilities and public services will be available to serve the proposed development as well as existing and anticipated development in the surrounding area.

FACT: Adequate utilities and public services will be available, as conditioned, to serve the use, as well as, existing and anticipated development in the surrounding area. The Site is fully served by utilities, and meets the City standards for public services and utilities to the serve the Site.

FINDING: The use and development will be compatible with the intended character of the area.

FACT: The proposed 93-unit townhome residential development will be compatible with the intended character of the area and not negatively impact surrounding properties since the investment in the currently underutilized property with a vacant commercial building will elevate the property's aesthetics. All improvements meet the Buena Park Municipal Code requirements for the RM- 20 zone as well as the Design Guidelines for Multi-Family for the purpose of promoting high-quality design that is compatible with adjacent properties. The exterior architectural design is in reasonable harmony with the architectural character of the surrounding area. All the building materials, colors, and finishes proposed for the townhome residential development are in harmony with the surrounding area. As conditioned, the proposed 93-townhome units will enhance the visual integrity of the subject property as well as the surrounding area.

FINDING: Any criteria set forth elsewhere in this Title for the approval the specific use and development will be satisfied.

FACT: Pursuant to the Buena Park Municipal Code (BPMC) Section

19.412.010 (Uses Permitted), condominiums require approval of a Conditional Use Permit in the RM-20 (Medium-Density Multifamily Residential) zone as amended by Z-32-1. As Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
conditioned, the proposed townhome development will complement the surrounding area and all the criteria set forth elsewhere in this Title for approval will be satisfied. g. FINDING: Any adverse effects of the use and development are justified and fully balanced by offsetting benefits to the public interest.

FACT: An Initial Study/Mitigated Negative Declaration No. MND-24-2 was prepared in connection with the associated General Plan Amendment No. GP-23-1, Zone Change No. Z-23-1, Tentative Tract Map No. TT-24-1, and Conditional Use Permit No. CU-24-

1. Environmental impacts were studied and mitigation measures identified in the Mitigation Monitoring and Reporting Program to mitigate potential environmental impacts to less than significant levels. Additionally, there are conditions of approval that shall be implemented to prevent potentially adverse effects on the general public.

Subdivision (TT-24-1 )
a. The subdivision map design and improvements are consistent with the City's General Plan, Zoning Ordinance, and Subdivision Ordinance and the State Subdivision Map Act. The plan conforms to density pursuant to the State Density Bonus Law (Government Code Section 65915), open space, street design, and includes required public improvements consistent with the General Plan designation of High-Density Residential as amended by GP-23-1. The High-Density Residential land use designation is characterized by condominium and apartment development with a base density of 20 dwelling units per acre. The density standard may increase to 24 dwelling units per acre with the application of the Site Area Bonus. The Affordable Housing Area Bonus mayincrease the density to 30 dwelling units. The Project proposes the development of 93 townhome units on approximately 3.87 acres, consistent with the High-Density Residential designation with the applied State Density Bonus Law. The Project further conforms to the General Plan goals and policies for the reasons set forth in Part B to Resolution for GP-23-1, which findings are incorporated herein by reference. The subdivision map is also consistent with the Zoning Code as amended by Zone Change Z-23-1, which rezones the Site from CS (Community Shopping) to RM-20 (Medium-Density Multifamily Residential) which authorizes medium-density residential uses. The Vesting Tentative Tract Map is consistent with RM-20 zoning district, and facilitates the development of the Site consistent with standards set forth in the Development Plans.
b. The site is physically suitable for the type of development. The site is rectangular in shape and is relatively flat and will accommodate the proposed development.

The development standards applicable to the Site are set forth in the Development Plan attached as Attachments 5a, 5b, and 6 to the Planning Commission Staff Report. The Development Plan proposes the development of the Site in a manner that is compatible with adjacent uses and the surrounding neighborhood with the townhomes generally dispersed evenly throughout the Project site. The Site, which is generally bounded by Dale Street to the west, La Palma Avenue to the north, and Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
single-family residences to the east and south, promotes pedestrian and vehicular accessibility with the main access to the Site located off La Palma Avenue with a secondary access driveway located off Dale Street. The Project also contemplates private streets that would provide internal circulation within the Project site. The internal streets would provide pedestrian access while maintaining an efficient circulation system for vehicles and emergency vehicle access. c. Neither the design of the subdivision nor the proposed improvements will cause environmental damage or affect fish, wildlife or their habitat. As evaluated in the Mitigated Negative Declaration (MND-24-2), the MND identified the following areas, which required mitigation to be considered less than significant impacts: Biologica) Resources, Cultural Resources, Geology & Soils, Noise, Hazards & Hazardous Materials, and Tribal Cultural Resources. With the mitigation measures incorporated into the Mitigation Monitoring and Reporting Program included in the MND-24-2, the environmental analysis concluded that the project will not have a significant impact on the environment.
d. The project design will be consistent with the existing and intended area character and design. The Project is harmonious with the surrounding neighborhood and the Vesting Tentative Tract Map facilitates the development of the Site consistent with the Development Plans, which implements the Project in a manner that is compatib!e with adjacent uses and the surrounding neighborhood. e. The design of the development and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, properties within the proposed subdivision. There is no public access easement through the site. Access will occur from public rights-of-way.

Section 3. The City Council has considered the proposed subdivision shown on the Vesting Tentative Tract Map, with the recommended conditions, to determine whether to make any of the findings set forth in the subsections of Section 66474 of the Government Code which states "A legislative body of a city or county shall deny approval of a vesting tentative map, or a parcel map for which a vesting tentative map was not required, if it makes any of the fol!owing findings:"
FINDING: Government Code Section 66474(a) - That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451.

FACT: As detailed above, the Vesting Tentative Tract Map is consistent with the General Plan and Zoning, as amended. The Project conforms to the goals and policies in the General Plan as set forth in Part B for General Plan Amendment GP-23-1.

FINDING: Government Code Section 66474(b) - That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

FACT: As detailed above, the design and improvement of the subdivision, as contemplated in the Development Plans attached Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
as Attachments 5a, 5b, and 6 to the Staff Report, is consistent with the General Plan and Zoning, as amended. The subdivision map design and improvements are consistent with the City's General Plan, Zoning Ordinance, and Subdivision Ordinance and the State Subdivision Map Act. The plan conforms to density pursuant to the State Density Bonus Law (Government Code Section 65915), open space, street design, and includes required public improvements consistent with the General Plan designation of High-Density Residential and RM-20 (Medium- Density Multifamily Residential) as amended by GP-23-1 and Z- 23-1 .

FINDING: Government Code Section 66474(c) - That the site is not physically suitable for the type of development.

FACT: The site is physically suitable for the townhome residential development proposed. As detailed above, the site is rectangular in shape and is relatively flat and will accommodate the proposed development. The development standards applicable to the Site are set forth in the Development Plan attached as Attachments 5a, 5b, and 6 to the Staff Report. The Development Plan proposes the development of the Site in a manner that is compatible with adjacent uses and the surrounding neighborhood with the townhomes generally dispersed evenly throughout the Project site. The Site, which is generally bounded by Dale Street to the west, La Palma Avenue to the north, and single-family residences to the east and south, promotes pedestrian and vehicular accessibility with the main access to the Site located off La Palma Avenue with a secondary access driveway located off Dale Street. The Project also contemplates private streets that would provide internal circulation within the Project site. The internal streets would provide pedestrian access while maintaining an efficient circulation system for vehicles and emergency vehicle access.

FINDING: Government Code Section(d) - That the site is not physically suitable for the proposed density of development.

FACT: The site is physically suitable for the proposed density of the development which includes 93 residential townhome units on approximately 3.87 acres. The site is rectangular in shape and is relatively flat and will accommodate the proposed density for the development. The project site's General Plan land use designation will need to be amended from the current designation of Commercial to High Density Residential, as well as rezoned from Community Shopping (CS) to RM-20 (Medium- Density Multifamily Residential). Development in the High- Density Residential land use designation is characterized by condominium and apartment development with a base density of 20 dwelling units per acre. The density standard may increase Resolution No. 14921
Tentative Tract Map No. TT-241 and Conditional Use Permit No. CU-24-1 November 12, 2024
to 24 dwelling units per acre with the application of the Site Area Bonus. The Affordable Housing Area Bonus may increase the density to 30 dwelling units. The proposed development of the site, which is primarily vacant, will help revitalize the site in a manner that will be harmonious with the adjacent neighborhoods.

FINDING: Government Code Section(e) - That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

FACT: Neither the design of the subdivision nor the proposed improvements will cause substantial environmental damage or affect fish, wildlife or their habitat. As evaluated in the Mitigated Negative Declaration (MND-24-2), the MND identified the following areas, which required mitigation in order to be considered less than significant impacts: Biological Resources, Cultural Resources, Geology & Soils, Noise, Hazards & Hazardous Materials, and Tribal Cultural Resources. With the mitigation measures incorporated into the Mitigation Monitoring and Reporting Program included in the MND-24-2, the environmental analysis concluded that the project will not have a significant impact on the environment.

FINDING: Government Code Section 66474(f) - That the design of the subdivision or type of improvements is likely to cause serious public health problems.

FACT: Neither the design of the subdivision nor the type of improvements are likely to cause serious public health problems.

Issues of public health were evaluated in the Mitigated Negative Declaration (MND-24-2), which determined that the Project will not have a significant impact on the environment.

FINDING: Government Code Section 66474(g) - That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

FACT: Neither the subdivision nor the types of improvements will conflict with easements acquired by the public at large for access through, or use of, property within the subdivision. The Project contemplates private streets that would provide internal circulation within the Project site, including pedestrian access while maintaining an efficient circulation system for vehicles and emergency vehicle access.

Section 4. Government Code Section 66412.3. In approving this Vesting Tentative Tract Map, the City has considered the housing needs of the region. Approval of the Vesting Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
Tentative Tract Map will facilitate the ability to develop approximately 93 residential units, which will significantly enhance the City's supply of housing, including the City's supply of affordable housing. As evaluated in the Mitigated Negative Declaration (MND-24-2), the proposed project will be sufficiently serviced by infrastructure and public services will be sufficiently available.

Section 5. Government Code Section 66473.1. The design of the subdivision reflected on the Vesting Tentative Tract Map provides, to the extent feasible, for passive and natural heating and cooling opportunities. The residential buildings, and open spaces, will to the extent feasible, account for optimized shading, taking into account open space and building design requirements and associated design elements.

Section 6. The City Council of the City of Buena Park has reviewed and considered all components of the requested Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 and adopts the attached Mitigated Negative Declaration MND-24-2 and associated Mitigation Monitoring and Reporting Program and certifies that the Mitigated Negative Declaration for General Plan Amendment No. GP-23-1, Zone Change No. Z-23-1, Tentative Tract Map No. TT-24-1, and Conditional Use Permit No. CU-24-1 has been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and local procedures adopted pursuant thereto, and has reviewed and considered the information contained in the MND. The City of Buena Park shall file a Notice of Determination (NOD) with the County Clerk of Orange County and the Secretary of the Resources Agency pursuant to the provisions of Section 21152 of Public Resources Code and State CEQA Guidelines Section 15075 adopted pursuant thereof.

Section7. BaseduponthefindingsandconclusionssetforthinthisResolution,the City Council hereby approves Conditional Use Permit CU-24-1 Development Plans stamped "RECEIVED JUL 3 2024 PLANNING DIV." and Tentative Tract Map TT-24-1 Plans stamped "RECEIVED JUL 14 2024 PLANNING DIV.," as modified herein and the conditions set forth in Section 8 of this Resolution.

Section 8. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code:

BUILDING DMSION:

1. The project shall comply with state and federal disabled access requirements.

2. The project shall comply with the California Building Codes as adopted and amended by the City of Buena Park Municipal Code, Title 15.

3. The building/buildings shall be fully fire-sprinklered as required by the City of Buena Park Municipal Code, Title 1, and/or the California Building Codes.

4. A geotechnical investigation report prepared by a qualified geotechnical engineer is required. The applicant shall submit this report for review and approval prior to the issuance of building permits.

5. The construction plans require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

6. After the public hearing appeal period ends, applicant shall submit three (3) sets of construction plans to the Building Division for plan check in order to obtain required building permits.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
ORANGE COUNTY FIRE AUTHORITY (OCFA):

1. Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified.

2. Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required:
* FireMasterPlan(servicecodePRl45)

3. Prior to issuance of a building permit:
* Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475)

4. Prior to concealing interior construction:
* Sprinkler monitoring system (service code PR500)

5. Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org on the Planning and Development Section homepage.

6. Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150.

7. Emergency Access Easements: mevocable reciprocal access easements for emergency access purposes to the benefit of the City of Buena Park shall be recorded concurrently with the final map or, where no final map is required, prior to approval of the fire master plan.

8. Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573- 6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection.

PUBLIC WORKS DEPARTMENT:

DESIGN:

1. Grading, storm drain, street, sewer, water, and erosion control plans shall be prepared by a registered engineer, at a minimum scale of 1" = 40', and on 24" by 36" sheets.

Any proposed improvements shall be designed and constructed per City Standards.

Any existing improvements in the public right-of-way, adjacent to project parcel frontage, that are not in compliance with the Americans with Disabilities Act (ADA) shall be removed and reconstructed or added to meet the ADA requirements and must comply with City Standards.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024

2. New Public Improvements to include the following:

A. All vehicular access to the site shall be provided in locations approved by the Traffic Division. An emergency access within the project parcel shall be approved by the Orange County Fire Authority and an approved copy of the plan shall be submitted to the Engineering Division with the submittal of the grading plan.

B. A raised landscape median on La Palma Ave. shall be constructed to accommodate left turns into and out of the development. It is the responsibility of the developer/owner to prepare a design that is submitted and approved by the Public Works Engineering Division. All landscaping/irrigation/sprinkler improvements within the median shall comply with the City of Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code. The maintenance of the landscaped median, including all electrical, water and drainage facilities in public ROW shall be the City's responsibility, upon completion of the project.

C. All new utilities to the project site shall be undergrounded.

D. Traffic Impact fees shall be in accordance with City Resolution 9726 and the latest City Fee Schedule. Sewer, water, and storm water impact fees shall be per the latest City Fee Schedule.

E. Planting of new trees and ground cover with irrigation system will be required within the parkway landscaping area along the project parcel frontage on Dale St. and La Palma Ave. The type of tree to be planted will be per the Urban Forest Management Plan which is as follows or other as approved by City Engineer:

Dale Street
* Primary: Mexican Fan Palm;
* Recommendation 1 : Canary Island Pine;
* Recommendation 2: Southern Magnolia
La Palma Avenue
* Primary: Mexican Fan Palm;
* Recommendation 1 : Mexican Fan Palm;
* Recommendation 2: Tuscarora Crape Myrtle;
* Recommendation 2: Evergreen Pear
Owner shall maintain landscaping area per Chapter 19.1112.070 of the City Code.

F. Developer shall install two SmartCover Systems or approved equal, to prevent sanitary sewer overflows. The SmartCover systems to be installed on manhole #37-104 and #42-95 both on La Palma Avenue, please see Exhibit A. The project level CC&R's shall address allocation of costs associated with the payment of on-going annual monitoring fees and replacement power supply to the Resolution No. 1492al
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
SmartCover Manufacture. Upon completion of the project, the City will be responsible for the maintenance of the SmartCovers which includes the installation of the replacement power supply.

G. A double detector check assembly is required for domestic and fire service connections, and a reduced pressure principle device (RPPD) is required for irrigation service connection per City standards, and devices shall be supplied and installed by contractor. Contractor shall supply and install City approved water meters in the public right-of-way.

H. The existing two driveway approaches along Dale St. and the two driveway approaches along La Palma Ave. shall be removed and replaced with curb and gutter, sidewalk, and a landscape parkway per City Std. 206.

I. The proposed driveway approaches on Dale St. and on La Palma Ave. are to be constructed per City Std. 209. Sidewalks, curb and gutter along the project frontage that are lifted, fractured or failing shall be removed and replaced per City standards.

J. Easement shall be granted to the City when public water and sewer systems are installed within private land. Easement for Ingress and Egress and Public Security Vehicle purposes to be granted to the City of Buena Park with Final Map.

K. All existing public facilities in conflict with new improvements shall be relocated at no cost to the City. Property owner shall dedicate, or cause to be dedicated all easements needed to accommodate the relocation, modification or installation of facilities to be maintained by the City or any public utility company.

L. Water Meter Installation Requirements:

For 1 " or smaller meter sizes, the water meter model shall be Neptune T-1 0 with Encoder that reads in gallons or City approved equal.

For 1.5" or larger meter sizes, the water meter model shall be Neptune HPT or Neptune MACH-1 0 with Encoder that reads in gallons or City approved equal.

3. Provide an engineering study for any proposed water connections to the City system.

The study shall be prepared by a registered civil engineer for approval by the City Engineer. Any infrastructure upgrades necessary to meet the fire code or the domestic water capacity shall be mitigated by developer. Easements shall be dedicated as needed to accommodate a new public water system. The proposed utility connections shall be made to the City water systems in accordance with the City Code, standards and applicable Federal, State and County regulations.

4. A final hydrology and/or hydraulics study, prepared by a registered engineer, shall be submitted for approval when drainage is altered and/or there is a net increase of the storm water for the proposed project. The storm drain system shall be designed and constructed for a minimum of a 25-year flood per the County of Orange standards. It shall be privately owned and maintained.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024

5. A geotechnical study prepared by a registered geotechnical engineer is required. The report shall recommend pavement structural section of proposed streets and parking lots. For the required WQMP, the report shall test and analyze soil conditions for LID (Low Impact Development) requirements, and the implementation of water quality for storm water runoff, including potential infiltration alternatives, soil compaction, saturation, permeability and ground water levels per the County of Orange Technical Guidance Document.

6. Prior to issuance of grading or building permits, permit applicant shall submit for approval, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control pollutant run-offs.

This WQMP shall identify the: structural and non-structural measures, detailing implementation of BMP's whenever they are applicable to the project. The design criteria and templates are can be found at:
https://buenapark.com/city departments/public works/enqineerinq services/water q uality manaqement plans.php

7. Prior to the issuance of grading permit for projects that will result in soil disturbance of ' one acre or more of land, a copy of the Notice of Intent (NOI) and assigned Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be submitted to the City. As this project is subject to this requirement, the preparation and implementation of a Storm water Pollution Prevention Plan (SWPPP) shall be submitted. A copy of the approved SWPPP by the State Water Resources Control Board shall be kept at the project site and be made available for the City upon request. The assigned WDID number must appear on the cover sheet of the grading plan.

8. A Tract map shall be prepared in accordance with the State Subdivision Map Act and Division I of Title 18 of the City Code. All improvements required to be completed by applicant shall be in accordance with the City standards and specifications. All maps shall be concurrently reviewed by the City and the Orange County Survey Department.

The applicant shall forward all plan check comments received from the Orange County Survey Department to the City for each plan check.

PERMIT ISSUANCE:

1. All fees, deposits, and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction. The fee amounts are specified in the City Fee Schedule.

2. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall obtain a City Business License and submit required insurance certificates.

3. A Transportation Hauling permit shall be obtained to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximums specified in the California Vehicle Code (CVC) and the Caltrans Transportation Permit Manual.

4. Prior to issuance of a grading permit, applicant shall record an approved WQMP that includes the Master Covenant & Agreement and an Operational Maintenance Plan with Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditiona! Use Permit No. CU-24-1 November 12, 2024
the Orange County Recorder's office. Two hard copies of the WQMP in 3-ring binders shall be provided to the City.

5. Prior to final release of the project by the Public Works Department, or the refund of any cash deposits, the developer/contractor shall provide the City with a warranty bond to be held by the City for a period of one (1) year, for all public facilities and improvements.

6. Prior to the grant of occupancy by the City or commencement for the approved use, all improvements required by the Public Works Department shall be completed.

CONSTRUCTION:

1. Atrafficcontrolplan,preparedbyaregisteredengineer,shallbesubmittedforapproval for all utility connections, street improvements, and any other work performed in the public right-of-way that require a lane closure. A traffic control plan, prepared by a registered engineer, shall also be submitted for work on private property that results in lane closures.

2. When more than one trench cut is made to install utility lines, then the street shall be either slurry sealed or grind and capped with AC to the nearest lane line of a trench cut from property line to property line. The method of replacing the pavement in kind or better shall be decided based on existing pavement condition.

3. An Engineered Grading and Utility Certification shall be certified by the project engineer. Each phase of construction, fill and soil compaction, rough grading including pad elevations, final grading, utilities, and Water Quality Management Plan shall be certified by the project engineer and submitted to the City.

4. Prior to issuance of occupancy, applicant shall demonstrate all structural BMPs have been constructed in conformance with the approved WQMP.

5. The applicanUcontractor shall be responsible for protecting all existing horizontal and vertical survey controls. Any survey controls disturbed during construction shall be reset per Orange County Surveyor Standards after construction.

6. All trash collection services needed during construction or after project completion shall be obtained from the City's authorized provider.

PLANNING DMSION:

1. This approval shall be contingent upon the approval of General Plan Amendment No.

GP-23-1, Zone Change No. Z-23-1, Tentative Tract Map No. TT-24-1, and Mitigated Negative Declaration No. MND-24-2.

2. This approval shall be for the development of a 93-unit townhome development consisting of one (1 ) density bonus unit, associated off-street parking, open space, and site improvements on approximately 3.87 acres on a property located at 8030 Dale Street in substantial compliance with Conditional Use Permit No. CU-24-1 Development Plans dated "RECEIVED JUL 3, 2024 PLANNING DIV.," and Vesting Tentative Tract Map No. 19319 Plans dated "RECEIVED JUL 14, 2024 PLANNING DIV.," and as conditioned herein.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024

3. The applicant and/or property owner shall ensure that a copy of the Planning Commission Resolution, including all conditions of approval, and mitigation measures contained in the Mitigation Monitoring and Reporting Program, be reproduced on the first pages of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project.

4. The project shall be subject to all the mitigation measures and Project Design Features/Conditions of approval contained within the Mitigation Monitoring and Reporting Program (Appendix L of the Final Draft Initial Study/Mitigated Negative Declaration), dated August 28, 2024 and incorporated herein by reference, as Conditions of Approval.

5. An affordable housing agreement on a City provided form to be approved by the City Attorney shall be required prior to Building Division permit issuance. The proposed project will provide a total of 14 units to be designated as affordable housing as demonstrated in the "Affordable Housing Exhibit" dated July 15, 2024. Of the 14 units of affordable housing proposed, 12 units are designated as moderate-income and 2 units are designated as low-income. The affordable housing units shall be deed restricted for a term of 55 years.

6. Plans submitted for plan check shall include architectural amenities generally consistent with the submitted CU-24-1 conceptual development plans stamped "RECEIVED JUL 3, 2024 PLANNING DIV.," and Vesting Tentative Tract Map No. 19319 Plans dated "RECEIVED JUL 14, 2024 PLANNING DIV." All construction drawings submitted for the development shall include sufficient construction details showing architectural accents, colors, details of construction, and techniques to ensure architectural compatibility throughout the development. Final details shall be approved by the Planning Division prior to issuance of building permits for the project. Final color and material samples shall be provided to the Planning Division with plan check submittals. Architectural features may be replaced or modified subject to approval of the Community and Economic Development Director, based on equivalent provision of acceptable alternatives. Specifications and samples of the following shall be submitted to the Planning Division for approval prior to issuance of building permits:

Paint colors for stucco
Stucco exterior finishes
Roofing material
Window trim
Window shutters
Gable accents
Awnings
Iron railing
Enhanced light fixtures
Architectural features may be replaced or modified subject to approval of the Community and Economic Development Director, based on equivalent provision of acceptable alternatives.

7. Color and material samples shall be submitted to the Planning Division for approval prior to issuance of building permits. The applicant shall demonstrate that proposed Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
building materials, and other architectural/site features are rated for appropriate durability and longevity. In the event that said rating cannot be obtained, alternate materials shall be used under the direction of the Planning Division.

8. The second and third story windows on the east elevation of building "7A" and "8B", and the second story windows of the south elevations of buildings "9-13 C" and the east elevation of building "4D" shall be located to promote privacy between properties through such methods as offset or clerestory placement, use of opaque or view- obscuring glass, or faux windows.

9. A total of 186 garage parking spaces, and 27 open parking spaces, including 2 accessible parking spaces shall be provided and maintained.

10. Any new walls and fencing, including those shown on plans shall comply with the City of Buena Park Municipal Code (BPMC) Chapter 19.428 (Development Standards - Fences, Walls, Hedges, and Berms) and shall require separate fence and wall permit approval by the Planning Division, as necessary.

11. A 6-inch wide decorative masonry wall, at least 6 ft. high measured from the highest finished grade on either side of the wall, shall be provided and maintained along the south and east property lines; existing block walls on the south and east property lines shall be repaired and finished where needed consistent with the submitted conceptual plans stamped "RECEIVED JUL 3, 2024 PLANNING DIV.," and Vesting Tentative Tract Map No. 19319 Plans dated "RECEIVED JUL 14, 2024 PLANNING DIV." in accordance with the structural design approved by the Building Division. All the perimeter walls shall match in color and texture. No block wall construction shall occur until a Grading Plan has been approved by the Public Works Department, if required. Double walls shall be filled and capped to the satisfaction of the City.

12. Landscaping shall be installed in substantial compliance with plans dated "RECEIVED JUL 3, 2024 PLANNING DIV.". Detailed Iandscaping/irrigation/sprinkler plans, with signed and stamped Certification of Landscape Design form shall be submitted to the Planning Division for plan check. A 'Landscape Installation Certificate of Completion' shall be submitted to the Planning Division prior to final inspection of building permits.

All landscaping/irrigation/sprinkler plans shall comply with the City of Buena Park Water Efficiency Landscape Ordinance, Title 13, Chapter 13.30 of the Buena Park Municipal Code.

13. The planting of trees and shrubs shall have plant material selected and planting methods used which are suitable for the soil and climatic conditions of the site. All landscaping areas along the entire site including along the east and south property lines shall be planted with sufficient quantities that include a mixture of 15-gallon, 24- inch box, including mature specimen trees up to a 36-inch box size, to provide screening and protect privacy of adjacent properties. The proposed type, sizes and locations of all landscaping along the east and south property lines shall comply with Southern California Edison easement land use guidelines to ensure that all landscaping will not impact the existing easements located within the property.

14. The open space areas within the development shall be generally consistent with the plans dated "RECEIVED JUL 3, 2024 PLANNING DIV." Specific features, including Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
exact design and specifications including landscaping, specified areas for active and passive areas shall be reviewed and approved by the Planning Division prior to the issuance of building permits. The open space areas and site amenities shall have appropriate durability and longevity and include elements that are consistent with the following:

Bar-be-que grills
Picnic tables and benches
Trellis shade structure
Bike racks
Trash, recycle, and hot ash receptacles
Play structures and safety surfacing
Decorative boulders
Pet waste stations

15. Decorative lighting to complement the Spanish Colonial architectural design of the development shall be provided throughout the entire development including the parking area and open space areas. Final location and design of light standards and wall fixtures shall be reviewed and approved by the Planning Division prior to issuance of building permits. Standard light poles with box fixtures shall not be considered decorative.

16. Plans submitted for plan check shall include complete photometric plan for the parking areas, drive aisles and open space areas to ensure that there are adequate levels of light within all portions of the parking, drive aisles and open space areas, adjacent properties and public rights of way to ensure proper public safety. All luminaries shall be designed, shielded, or aimed in such a manner so as not to produce glare upon adjacent properties or rights of way.

17. All parking areas and driveways shall be paved and striped in compliance with BPMC Section 19.436.070 (Residential Parking Dimensions and Layout) and Section

19.436.080 (Residential Parking Improvements) as shown on the approved plan. All landscaped areas shall be separated from adjacent vehicular areas by a masonry wall or portland cement concrete (p.c.c.) curb a minimum of 6 inches in height, or by p.c.c. or masonry walkway. It shall be the responsibility of the developer to submit to the Public Works Department such plans as are necessary to ensure the installation of curbs or walls do not detrimentally affect drainage.

18. A six-inch high poured-in-place wheel stop shall be provided for all open parking spaces, located three feet inside of the front boundary of the stalls.

19. A decorative stamped and colored concrete pavement shall be provided at the main driveways along Dale Street and La Palma Avenue. The decorative stamped and colored concrete pavement shall extend the full width of the driveway a minimum of 20 feet from the street property line.

20.A11 decorative crosswalks located within the property shall match the decorative stamped and colored pavement at the main driveway entries.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024

21. A decorative metal screen fencing shall be provided to screen the utility closets located along Dale Street from public view. The decorative metal screen shall be subject to the review and approval of the Planning Division.

22. All rain gutters and downspouts shall be strategically located within the buildings to the maximum extent feasible and painted to match the colors of the building. Exact location of rain gutters and downspouts shall be submitted to the Planning Division for review and approval prior to issuance of building permits.

23. All roof-mounted mechanical equipment shall not visible from adjacent and surrounding properties and streets from a height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and BPMC Section 19.340.020 (Visual Screening of Mechanical Equipment).

24. The proposed trash enclosures shall be in compliance with the Buena Park Municipal Code Section 19.424.010 (Trash Storage Facilities). P!ans submitted for plan check shall include trash receptacles within the common open space areas. The design of the trash receptacles shall compliment the project.

25. Mailboxes shall be supplied, installed and designed to the approval of the Planning Division, with locations subject to the US Postal Service approval.

26. All signs including entry monument sign shall be subject to a separate review and approval by the Planning Division. All signs shall comply with BPMC Section

19.908.010 (Signs in Residential Zones).

27. Covenants, Conditions & Restrictions (CC&Rs), Articles of Incorporation and By-Laws for the homeowner's association shall be reviewed and approved by City Staff prior to recordation and issuance of Certificate of Occupancy and shall include the following requirements:
a. CC&R's shall include a restriction which prohibits illegal garage conversions and also require that all garages provide adequate vehicle access be maintained for the parking of two vehicles, unless otherwise permitted by law. b. Future room additions and expansion of balconies and patios shall not be permitted. c. Interior access to all rooms/areas of the townhome units shall be maintained at all times. No sections shall be partitioned off and provided solely with exterior access. In addition, no secondary kitchen or other cooking facilities shall be provided.
d. Modification to any wall or fence within the development, including the wall or fence height, shall be reviewed and approved by the Planning Division, prior to building permit issuance.
e. The CC&R's shall specifically dictate responsibilities between the homeowners association and private property owners for the maintenance, both interior and exterior, of all buildings, plumbing and electrical facilities.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
f. The CC&R's shall establish provisions for all the parking areas to be maintained and clear of storage in order to maintain parking. g. CC&R'sshallprohibitparkingandanytypeofobstructionoftherequiredfireaccess lanes and common area driveways.
h. The CC&R's shall contain provisions establishing a fair, reasonable, and expeditious procedure for resolving disputes. The HOA shall establish and maintain a reserve fund consistent with the requirements of the Davis-Sterling Act. The CC&R shall include a maintenance schedule for common areas and equipment specifically when maintenance tasks will be performed. (ex. Painting, yard work, etc.)
i. The CC&R's shall contain a requirement that the HOA file with the City of Buena Park Community Development Department the names, addresses, and telephone numbers of the Association's property management company and responsible property manager and each member of the Association Board, as of January 1 st of each year.
j. Within a required vision clearance area there shall be no fence, tree, shrub, or other obstruction to sight between two feet and seven feet above the established street grade. Vision clearance areas shall be provided at any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen feet along the street property line and fifteen feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line. k. All trees throughout the development shall be properly maintained in living condition and any damaged or diseased tree shall be replaced by the property owner.

I. Balconies and porches shall not be used for storage. m. No vehicular gates or speed bumps within the fire lanes may be installed prior to City review and approval.

28. The Applicant shall provide the Planning Division proof of review and approval of the CC&R's by the DRE prior to recordation. A copy of the recorded CC&R's shall be submitted to the Planning Division prior to the release of utilities.

29. All required utility services and equipment, including transformers, gas meter, "J" boxes, and similar devices shall be located below grade, to the extent possible, or shall be screened from view by landscaping or ornamental decorative walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division. In addition to said walls, landscaping may also be required as a solution for screening. A preliminary electrical equipment plan, which is prepared by the Southern California Edison Company, shall be reviewed and approved by the City Planning Division prior to the issuance of building permits. The applicant is required to return City approved red line prints to the Southern California Edison Company Planning Department, for preparation of final construction drawings. The location of other utility companies' appurtenances and meters shall be submitted to the City Planning Division for review and approval prior to installation.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024

30. All required double detector check valve assemblies located within public view shall be located below grade to the extent possible or shall be screened from view by landscaping ornamental decorative walls. The placement and treatment of all screening devices shall be subject to review and approval of the Planning Division.

31. Prior to the issuance of Building Permits for each phase of the project or any succeeding residential development approval, all development impact fees associated with development including, but not limited to, park fees mandated by BPMC Section

18.64.080 (Park and recreational facilities dedications - Use of land fees) shall be paid in full.

32. The construction authorized by the Conditional Use Permit shall be started within one (1 ) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project.

33. This approval may be revoked for any violation of noncompliance with any of these conditions in accordance with BPMC Section 19.132.030 (Revocation).

34. Prior to final inspection, these conditions and all improvements shall be completed to the satisfaction of the City.

35. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies, and regulations.

36. The applicant and property owner shall sign a notarized Affidavit of Acceptance of all conditions of approval and return it to the Planning Division within thirty (30) days after the effective date of this approval or prior to the issuance of a building permit or certificate of occupancy, whichever may occur first.

37. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any claims and loSSeS whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, any and all claims, lawsuits or actions arising from the granting of or exercise of the rights permitted by this approval and from any and all claims and losses occurring or resulting to any person, firm, or corporation, or property damage, injury, or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of such damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.

Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
AFFIDAVIT OF ACCEPT ANCE:

I/ We do hereby accept all of the conditions contained in this document and all other conditions imposed by Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 and do agree that I/We shall conform with and abide by all such conditions.

Date:

Printed Name and Signature
Owner/Applicant
Resolution No. 14921
Tentative Tract Map No. TT-24-1 and Conditional Use Permit No. CU-24-1 November 12, 2024
PASSED AND ADOPTED this I 2'h day of November 2024 by the following called vote:

AYES: COUNCILMEMBERS: Sonne, Traut, Ahn, Brown
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABST AINED: COUNCILMEMBERS: None
ATTEST:

City Cle
1, Adria M. Jimenez, 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 12'h day of November 2024. /)'K,.

City of Buena Park
City Council Regular Meeting Agenda Report
A. ORDINANCE ADDING CHAPTER 8.14 OF THE BUENA PARK MUNICIPAL CODE FOR CONSTRUCTION AND

DEMOLITION DEBRIS, FEES, AND SECURITY DEPOSITS
Meeting
Tuesday, May 27, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A.

Prepared By
Laurie Aubuchon, Senior Management Analyst
Department Head Approval
Mina Mikhael, Director of Public Works/City Engineer
Presented By
Laurie Aubuchon, Senior Management Analyst

RECOMMENDED ACTION
1) Adopt an Ordinance adding a new Chapter 8.14 (Construction and Demolition Waste Recycling Program) to the Buena Park Municipal Code to codify requirements for construction and demolition debris that are mandated by California law.

PREVIOUS CITY COUNCIL ACTION
On March 8, 2022, the City Council adopted Ordinance No. 1702 to amend Chapter 8.12 of the Buena Park Municipal Code to incorporate new requirements for organic waste reduction imposed by Senate Bill 1383 (SB 1383). On November 14, 2023, the City Council adopted Ordinance No. 1729 to amend the penalty provisions of Chapter 8.12 to mirror the requirements of SB 1383.

DISCUSSION
The 2016 California Green Building Standards Code ("CALGreen") currently requires a minimum diversion of 65% of all construction and demolition ("C&D") waste generated by certain projects, a rate that is expected to be increased over time. Common C&D waste materials are non-hazardous waste that includes lumber, drywall, metals, masonry (brick, concrete, etc.), carpet, plastic, pipe, rocks, dirt, paper, cardboard, or green waste related to land development.

The diversion and reporting of C&D waste is also required by SB 1383.

California's Department of Resources Recycling and Recovery, also known as CalRecycle, can impose signiﬁcant monetary penalties on cities that fail to implement source reduction and recycling programs geared towards reaching the targeted diversion rate. Though existing Buena Park Municipal Code Chapter 8.12 – the City’s general waste hauling and disposal ordinance – references the transporting of C&D waste, a speciﬁc ordinance addressing recycling and diversion requirements for C&D waste is beneﬁcial to provide a mechanism for tracking and enforcing compliance with state mandates, and to demonstrate the City’s commitment to meeting state standards.

CalRecycle has published a model construction and demolition waste recycling and diversion ordinance, and many jurisdictions have adopted this or similar ordinances to implement the state mandates. These ordinances all have the following common components:

A requirement for construction and demolition projects to both track and arrange for the recycling, reuse, and or disposal of resulting waste materials in a manner that satisﬁes CALGreen diversion requirements and other applicable laws governing waste disposal;
Waste management plan application and reporting requirements “built into” existing permitting systems to demonstrate compliance with diversion and disposal requirements; and An enforcement or penalty mechanism to ensure compliance.

A draft ordinance that mirrors standards of CalRecycle’s model ordinance and others from area cities has been prepared for the City Council’s consideration. It would apply to a majority of demolition and construction projects in the City, except for small-scale projects that do no create signiﬁcant waste (e.g. plumbing, electrical or similar work), seismic retroﬁts, certain prefabricated structures, or City-contracted projects (in which case the contract will govern).

Speciﬁc to enforcement mechanisms, CalRecycle's C&D Diversion Informational Guide indicates that “security deposits” have been shown to be a positive incentive for complying with C&D waste diversion ordinances. Deposit requirements are somewhat unique and likely only an option for charter cities that have greater ﬂexibility over their ﬁnancial affairs. However, there is the potential for increased staff time associated with processing and handling the funds. Alternatively, general law and smaller jurisdictions have enforced diversion standards through periodic, unannounced inspections of project work sites and administrative citations.

In 2019, the City's SB 1383 consultant, EcoNomics, Inc., conducted a survey of 34 Orange County cities and the County of Orange to determine how other agencies were ensuring C&D diversion compliance. EcoNomics, Inc. conducted this survey for the City of Lake Forest, as they had received a letter from CalRecycle in 2017 determining they were out of compliance with requirements for Assembly Bill 939, the California Integrated Waste Management Act (the precursor to SB 1383). Survey results concluded the following at that time:

Monetary Incentives for Compliance:
20 agencies require a security deposit, including 4 non-exclusive agencies 5 agencies assess ﬁnes for non-compliance
6 agencies had no monetary penalties
4 agencies did not reply
Based on discussions with other agencies, advice from EcoNomics, Inc., the City's franchise hauler, EDCO, and the results from the survey, staff is recommending a security deposit be required for covered projects. A security deposit would provide a monetary incentive that is more likely to compel an applicant's compliance with CALGreen's requirements for diverting C&D waste. During several discussions, C&D program administrators from other agencies stated they believe a monetary incentive is key to a successful program.

The proposed deposit amount would be equal to 3% of the project's valuation, with a minimum of $200.00 and a maximum of $10,000. The deposit would be fully refundable upon demonstration of proper diversion of waste within six to eight weeks following the completion of the project and after all required documents are submitted and deemed "complete."
Complying with the ordinance will require contractors to document the project and provide the City access to records recording the amount of construction or demolition waste generated and how it was recycled, reused, or otherwise disposed of. The City currently has a pilot contract with Green Halo for access to its proprietary online reporting system for this purpose, and through a City-speciﬁc portal (https://wastetracking.com/city/buenapark/) construction companies, contractors, and developers are able to upload their hauled and self-hauled weight tickets.

For CALGreen compliance, the City refers to this website to review the provided reports regarding the diversion rate of construction sites prior to issuing ﬁnal approval.

Staff anticipates expanding use of the Green Halo system as a mechanism for persons performing construction or demolition work in the City to demonstrate compliance with the new ordinance. Green Halo has become an industry standard record-keeping system and is used by numerous other jurisdictions. The City would provide alternative options or assistance uploading the required information for those not familiar with the Green Halo system or lacking technology access.

Should the Council adopt the ordinance, staff recommends implementing the program on July 1, 2025. This timeline allows for modifying existing forms, ﬁnalizing procedures and processes, ﬁnalizing security deposit and application fee amounts, and developing related public education materials.

BUDGET IMPACT
The program includes a refundable deposit. Ideally, all the monies collected will be refunded. However, if a deposit is forfeited, the money is to be used to offset the administrative costs of the program or used for solid waste and recycling purposes. In December 2024, the City budgeted, and paid for, Green Halo's one-time setup fee of $4,500, plus the hosting and maintenance fee of $150 per month ($1,800 annually) and service fee, which is charged by population ($3 per 1,000 residents, at 82,000 residents, or $2,952 annually), equaling $9,252 for the ﬁrst year. The cost to construction companies, contractors, and developers to use Green Halo for projects located in Buena Park is free since the City has paid for the fees up front.

Attachments
C&D Waste Ordinance FINAL.pdf
2023Dec14CandDGuide.pdf
Draft Waste Disposal conditions 2025.pdf
Draft Green Halo Instructions.pdf
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
BUENA PARK, CALIFORNIA, ADDING CHAPTER 8.14
(CONSTRUCTION AND DEMOLITION WASTE RECYCLING
PROGRAM) TO TITLE 8 (HEALTH, SAFETY AND WELFARE) OF

THE BUENA PARK MUNICIPAL CODE TO ESTABLISH

RECYLCING AND DIVERSION REQUIREMENTS FOR

CONSTRUCTION AND DEMOLITION WASTE MATERIAL

WHEREAS, the City of Buena Park (“City”) is a California charter city vested with the police power to enact and enforce local ordinances necessary to protect and advance the general health, safety, and welfare of the community

WHEREAS, under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the City is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to $10,000 per day;

WHEREAS, in order to meet these goals, it is necessary and appropriate for the City to promote the reduction of solid waste materials going to landfills;

WHEREAS, waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City and much of this waste is particularly suitable for recycling and reuse;

WHEREAS, the City’s commitment to the reduction of waste requires the establishment of programs for recycling, reuse, and/or salvaging of construction and demolition waste for specified projects; and

WHEREAS, all legal prerequisites to the City Council’s adoption of this ordinances have been duly performed or occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and incorporated herein as part of the findings.

SECTION 2. Chapter 8.14 (CONSTRUCTION AND DEMOLITION WASTE RECYLCING PROGRAM) of Title 8 (HEALTH, SAFETY AND WELFARE) is enacted and adopted to read as follows:

Chapter 8.14 CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM

§ 8.14.010 Declaration of Purpose.
§ 8.14.020 Definitions.
§ 8.14.030 Application of Chapter; Exemptions.
§ 8.14.040 Requirement to Divert Construction and Demolition Waste. § 8.14.050 Universal Waste Disposal.
§ 8.14.060 Waste Reduction and Recycling Plan Required; Application Fee and Security Deposit.
§ 8.14.070 Reporting Requirements for Construction or Demolition Waste. § 8.14.080 Refunding of Security Deposit.
§ 8.14.090 Enforcement; Security Deposit Forfeiture and Penalties. § 8.14.100 Appeal.

§ 8.14.010 Declaration of Purpose.

The purpose of this chapter is to promote the recycling and reuse of construction and demolition waste to reduce the amount of such material that is landfilled, to protect the public health, safety, and welfare, and assist the City in meeting the construction and demolition waste diversion requirements established by the State of California.

§ 8.14.020 Definitions.

"Applicant" means any person, firm, limited liability company, association, non- profit, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for a permit to undertake covered work.

“Certified recycling facility” means a recycling, composting, or materials recovery or reuse facility that satisfies all of the following criteria : (1) the facility has obtained all applicable federal, state, and local permits; (2) the facility is operating in compliance with all applicable federal, state, and local laws or regulations; (3) the facility complies with the diversion requirement for all incoming construction and demolition waste ; and (4) the facility is either included on the list of certified recycling facilities kept and maintained by the Compliance Official or is otherwise approved by the Compliance Official as meeting the foregoing criteria.

“Compliance Official” means and refers to the Director of Community Development or Director of Public Works, or their respective authorized designee(s), depending on which department is responsible for issuing the permit for covered work.

"Construction" means any building, rehabilitation, remodeling, renovation or repair of any pavement, facility, building, structure, or other improvement, or any portion thereof, including but not limited to tenant improvements.

"Construction or demolition waste" means solid waste associated with or resulting from construction or demolition activities, including but not limited to: steel, copper, aluminum, glass, brick, concrete, asphalt, pipe, gypsum, wallboard, or lumber; rocks, soils, tree remains, trees, and other vegetative material resulting from land clearing or landscaping; or remnants of construction or demolition activities such as cardboard, paper, plastic, wood, or metal scraps.

"Covered work" means any construction or demolition activity for which a building permit, demolition permit, tenant improvement permit, excavation permit, encroachment permit, or similar permit is required by the City before lawfully engaging in the subject construction or demolition activity. Concurrent permits that authorize construction and/ or demotion activities on the same project site are considered a single covered work for purposes of this chapter.

"Demolition" means decimating, razing, ruining, tearing down, demolishing, or wrecking of any pavement, facility, building, structure, or other improvement, whether in whole or in part, whether interior or exterior.

"Divert," “diverted,” or “diversion” means to recycle or reuse construction or demolition waste, as opposed to disposing of such waste in a landfill or a transformation facility, in any of the following ways subject to the approval or conditional approval of the Compliance Official: (1) using new construction methods that reduce the amount of construction waste generated; (2) reuse of construction or demolition waste on site; (3) delivery of construction or demolition waste to a certified recycling facility ; or (4) other methods for reducing the amount of construction or demolition waste that is landfilled, as may be approved by the Compliance Official.
"Diversion requirement" means the percentage of construction and demolition waste for each demolition and/or construction project that must be diverted from landfills , as specified in Section 8.14.040 of this chapter.

“Recyclable and reusable materials” means construction or demolition waste material that falls in any of the following categories: ( 1) masonry material, including but not limited to asphalt, concrete, tile, rock, stone, or brick; (2) w ood material, including but not limited to all dimensional lumber, fencing, or wood that is not chemically treated, creosoted, CCA pressure treated, contaminated, or painted ; (3) p lant material, including but not limited to trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are cleared from a site for construction or other use; (4) metal material, including but not limited to metal scrap, pipes, siding, window frames, door frames, or fences; (5) roofing material, including but not limited to wood shingles, asphalt, stone, or slate-based roofing material ; (6) salvageable material includes all salvageable materials or fixtures resulting from construction or demolition activities, such as, without limitation, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, or appliances; or (7) any construction or demolition waste that is not universal waste.

“Permittee” means an applicant that has been issued a permit by the City to engage in covered work.

"Recycling" or “recycle” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

“Solid waste” has the same meaning as in Section 8.12.020 of this code.

"Universal waste" means and includes any excluded waste as defined in Section 8.12.020 of this code, or any hazardous waste that is listed in Section 66261.9 of Article 1, Chapter 11, Division 4.5 of Title 22 of the California Code of Regulations.

"Waste reduction and recycling plan" means a completed report that must be submitted with an application for a permit to ensure compliance with this chapter , as specified in Section

8.12.060 of this chapter.

§ 8.14.030 Application of Chapter; Exemptions.

A. Except as specified herein, this chapter applies to all any construction or demolition activity for which a building permit, demolition permit, tenant improvement permit, excavation permit, encroachment permit, or similar permit that is required from the City before lawfully engaging in the construction or demolition activity. Every person that engages in covered work within the City shall comply with the requirements of this chapter.

B. This chapter does not apply to any of the following, as determined by the Compliance Official at the time of permit issuance:

1. Construction or demolition activities for which only a plumbing permit, an electrical permit, or a mechanical permit is required.

2. Seismic tie-down projects.

3. Installation of prefabricated patio enclosures and covers where no foundation or other structural building modifications are required.

4. Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required.

5. Other construction or demolition activities that appear on the exemption list maintained by the Compliance Official for those construction or demolition activities which the Compliance Official has determined will not generate construction or demolition waste.

6. Construction or demolition activities done under contract with the City, except as said contract incorporates this chapter in whole or in part.

§ 8.14.040 Requirement to Divert Construction and Demolition Waste.

Every person engaging in covered work shall recycle or divert the minimum percentage amount of designated recyclable and reusable materials that is established by the most current California Green Building Standards Code (CALGreen) for generated construction and demolition materials, and any future revisions to the diversion rate under that code.

§ 8.14.050 Universal Waste Disposal.

Universal waste (such as batteries, electronic waste, electronic lamps, cathode ray tubes/glass, nonempty aerosol cans) shall be diverted from landfills and disposed of in the manner required by federal, state, and local laws or regulations.

§ 8.14.060 Waste Reduction and Recycling Plan Required; Application Fee and Security Deposit.

Every applicant seeking a permit for covered work shall, at the time of applying for the permit, submit all of the following to the Compliance Official: (1) a waste reduction and recycling plan, in a form made available by the City or otherwise approved by the Compliance Official; (2) an application fee for the waste reduction and recycling plan, in an amount as may be established from time to time by resolution of the City Council to reimburse costs incurred in administering and enforcing this chapter; and (3) a security deposit, in the form of cash or cash equivalents acceptable to City, and in an amount equal to three percent (3%) of the estimated value of the permitted work or $500, whichever is higher, up to a maximum deposit of $10,000 per permit.

No permit shall be issued by the City for covered work unless a waste reduction and recycling plan has been approved by the Compliance Official.

§ 8.14.070 Reporting Requirements for Construction or Demolition Waste.

A. No later than sixty (60) days after a permittee’s completion of covered work, every permittee shall submit the following documentation to the Compliance Official demonstrating compliance with the diversion requirement of this chapter:

1. A final construction and demolition waste recycling and disposal report summary that shows actual data of tonnage of the construction or demolition waste that was recycled or diverted; and

2. Originals or certified photocopies of receipts and weight tags or other records of measurement for construction or demolition waste from certified recycling facilities, recycling companies, contractors, and/or landfill and disposal companies.

B. The information and documentation required by this subsection A. shall be submitted on the form(s) and in the manner specified by the Compliance Official, and the accuracy and truth of such information shall be certified by permittee under penalty of perjury.

C. If a person is applying or has been issued concurrent permits for both demolition and construction work for the same site, the documentation required by subsection A. for the demolition work must be submitted to and approved by Compliance Official before any permits authorizing construction work will be issued. An applicant or permittee may satisfy the requirements of this subsection by submitting a statement to the Compliance Official, certified under penalty of perjury and subject to verification by the City, that no designated recyclable or reusable materials were generated from the completed demolition work.

D. If an applicant or permittee for construction work fails to comply with the requirements of this chapter for demolition work related to the same project site, the Compliance Official may, in addition or alternative to other remedies set forth in this chapter, require the permittee to divert a higher percentage of construction waste than otherwise would be required by this chapter; provided that the diversion rate construction waste is no higher than is reasonably necessary to cover shortfalls in construction waste diversion.

§ 8.14.080 Refunding of Security Deposit.

The Compliance Official shall return or refund the security deposit required by this chapter upon the occurrence of any of the following:

A. A determination that t he security deposit was erroneously paid or collected. If the determination is that the security deposit was miscalculated, then the Compliance Official shall return any overpaid amounts.

B. An applicant cancels their application, or a permittee cancels and terminates the permit, before any work covered by the application or permit is commenced.

C. A permittee has complied with the requirements of this chapter by satisfying the minimum diversion requirement for the covered work and submitting the documentation required by this chapter to demonstrate such compliance.

D. Upon application from a permittee for the return or refund of the security deposit, unless the Compliance Official has issued a noncompliance notice pursuant to Section 8.14.090, in which case the deposit shall be returned or forfeited in the manner specified in said section.

§ 8.14.090 Enforcement; Security Deposit Forfeiture and Penalties.

A. Security Deposit Forfeiture. In the event a permittee fails to comply with the requirements of this chapter, the Compliance Official shall determine on a case-by-case basis whether, despite the noncompliance, the permittee made a good faith effort to comply. If the Compliance Official determines a permittee failed to make a good faith effort, then the Compliance Official may issue a notice of noncompliance describing actions the permittee must take to be in compliance with this chapter. If the permittee fails to take and complete the actions described in the notice within thirty (30) days from the date there of, then the Compliance Official may declare permittee in violation of this chapter and upon notice of such determination to permittee the security deposit shall be forfeited to the City.

1. The Compliance Official may authorize a partial refund of a security deposit in cases where there has been some compliance but less than the minimum diversion requirement has met, with the amount of the refund being in proportion to the documented amount of diverted construction or demolition waste.

2. Funds received by the City by as forfeited security deposits shall be kept and retained in a separate account and used only for the following purposes: reimbursement of security deposits; documented administrative costs of the program in excess of application fee revenues; recycling or diversion programs for construction and demolition waste; programs to develop or improve recycling or diversion programs for construction and demolition waste.

B. Administrative Fine. Any person that violates the requirements of this chapter may be issued an administrative citation by the Compliance Official and subject to fines specified in Chapter 1.04 of this code.

C. Remedies Cumulative. The remedies and penalties provided in this section are in addition to those available under federal, state or local law.

§ 8.14.100 Appeal.

Any determination made by the Compliance Official to implement or enforce this chapter may be appealed to the City Manager in writing within ten (10) calendar days of the date of the decision being appealed. Any person aggrieved by a final decision of the City Manager may file an appeal to the City Council within ten (10) days of the date of the City Manager’s decision pursuant to Section 5.00.200 of this code.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.

SECTION 4. CEQA. This ordinance has been reviewed by the City Council with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq., hereafter the “CEQA Guidelines”), and any applicable local CEQA policies and procedures and City has determined that this Ordinance is not a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines Section 15378, because City has determined, in its discretion and based on substantial evidence, that this Ordinance concerns organizational or administrative activities and presents no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted according to law.

PASSED AND ADOPTED this ______ day of _______ 2025, by the following called vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________________
Mayor
ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the ______ day of _______, 2025.

_________________________________
City Clerk

Construction and Demolition (C&D)
Diversion Informational Guide

2 Table of Contents
Model Construction and Demolition (C&D) Diversion Ordinance ................................................................ 3 Developing a C&D Ordinance ........................................................................................................................ 6 Appeals .......................................................................................................................................................... 7 Case Studies Related to C&D Diversion Ordinances ...................................................................................... 8 Ordinance Construction ................................................................................................................................. 9 Definitions ................................................................................................................................................... 10 Deposit Required ......................................................................................................................................... 18 Diversion Requirement ................................................................................................................................ 20 Plan for Education and Outreach Activities ................................................................................................. 22 Diversion Requirement Exemption .............................................................................................................. 24 Frequently Asked Questions ........................................................................................................................ 25 Fines and Penalties ...................................................................................................................................... 31 Develop Ordinance Implementation Processes .......................................................................................... 33 Know Your Infrastructure............................................................................................................................. 35 Methods to Encourage C&D Diversion ........................................................................................................ 36 CALGreen Construction Waste Management Requirements ...................................................................... 42 Senate Bill 1374 (2002) ................................................................................................................................ 43 Threshold ..................................................................................................................................................... 46 Know Your Waste Stream ............................................................................................................................ 49 Waste Management Plan ............................................................................................................................ 51 3 Model Construction and Demolition (C&D) Diversion
Ordinance
Legislation
The California Department of Resources Recycling and Recovery (CalRecycle)has developed a model construction and demolition (C&D) diversion ordinance, as required by Senate Bill 1374 (Kuehl, Chapter 501, Statutes of 2002), to assist jurisdictions with diverting their C&D waste material. Specifically, CalRecycle was directed to:
“…Adopt one or more model ordinances, suitable for modification by a local agency, that the local agency may adopt that will require a range of diversion rates of construction and demolition waste materials from 50 to 75 percent, as determined by CalRecycle, and as measured by weight.”
Jurisdictions are not required to adopt their own C&D ordinance, nor are they required to adopt CalRecycle’s model ordinance as their own by default. However, SB 1374 also added a new set of circumstances (related to C&D waste diversion) to those previously included in Public Resources Code section 41850 that CalRecycle shall consider when determining whether to impose a fine on a jurisdiction that has failed to implement its Source Reduction and Recycling Element (SRRE). Those circumstances are the following:
• If a jurisdiction has been issued a compliance order for failure to implement its SRRE and
o it has failed to meet the requirements of that order; and o it has reported to CalRecycle that C&D waste is at least a moderately significant portion of its waste stream;
• Then CalRecycle shall include in its consideration whether the jurisdiction has taken any action to divert that C&D waste, including
o adopting its own C&D diversion ordinance,
o adopting CalRecycle’s model ordinance, or
o implementing another program to encourage or require the diversion of C&D waste.

How the Model Ordinance Was Developed
4 CalRecycle staff developed the model ordinance based on feedback solicited from local government, building industry representatives, C&D recyclers and waste management companies, and on C&D diversion ordinances already being implemented by jurisdictions.

The most typically used sections in existing ordinances have been incorporated into the model ordinance, making the model a composite of ordinances reviewed. The model is quasi-modular in format so that you may pick and choose which sections of the model you want to include in your own ordinance. CalRecycle adopted the model ordinance at its March 16, 2004, CalRecycle Meeting (Agenda Item #13). It has since been updated to reflect the California Green Building Standards Code’s (CALGreen) waste management requirements.

Local Government C&D Diversion Information
CalRecycle has an existing Web page on C&D recycling that includes useful information related to contractors and C&D waste diversion. The C&D Informational Guide provides information to jurisdictions and general contractors on methods and activities to divert construction and demolition (C&D) materials.

Related Events and Information
Public Workshop
CalRecycle staff conducted a public workshop on C&D diversion ordinances on July 8, 2004 in Sacramento. Two panels composed of local government and industry representatives with expertise in C&D diversion ordinances shared their insight and experiences. The workshop was broadcast over the Web.

Presentations made at the workshop are listed below as downloadable files. (Please notice file sizes.)
• Introduction to C&D Workshop
The workshop transcripts and the July 8 C&D Workshop audio (00:03:14:00) are also available.

C&D Forum: Closing the Loop on C&D Materials
5 CalRecycle staff conducted a C&D Forum: Closing the Loop on C&D Materials on May 31, 2006. The purpose of this forum was to share information on C&D diversion as it relates to creating infrastructure and markets for C&D materials.

Two panels of experts spoke on the following:
• Local governments’ experiences with creating and/or using infrastructure to divert C&D waste.
• Industry and local government perspectives on issues related to creating markets for C&D materials, as well as an example of reusing C&D materials on site.

Video presentations of the speakers are also available.

C&D Resources
Below are selected links on C&D diversion that may help your jurisdiction “close the loop.”
• Construction and Demolition Web sites
• infoCycling Special Edition on Construction and Demolition, May 2006. This edition features information on diverting construction and demolition waste. 6 Developing a C&D Ordinance
Background
A construction and demolition (C&D) ordinance is a formal, publicly adopted law that gives a jurisdiction enforcement authority for the diversion activities required in the ordinance. Before adopting and implementing a C&D diversion ordinance, you should begin the process by first researching your local conditions related to C&D waste, and include your local stakeholders throughout the development of the ordinance. To help ensure your ordinance actually leads to increase diversion of C&D debris from landfills, certain points should be considered during the development, adoption, and implementation phases of your ordinance.

Many jurisdictions have adopted one of the C&D diversion ordinances available on our C&D Web page. Whether you choose to use one of these sample ordinances or to build your own using CalRecycle’s model ordinance tool, we strongly encourage you to first read through the “Important Considerations” section below, as the information will help you during the development of your own ordinance. Here is a sample of language used by a jurisdiction (City of Atascadero) to present their C&D ordinance to their city council and recommend its adoption (provided by San Luis County).

Based on input CalRecycle staff received from local jurisdictions, the building industry, the demolition industry, C&D recyclers, and solid waste haulers, the issues identified on the following pages should be considered during the planning and development phases of your C&D diversion ordinance. You will also find by reading through this information that several processes related to implementing the ordinance, such as training for staff and contractors, and handling deposits or fines, should be in place prior to its adoption.
7 Appeals
Many construction and demolition (C&D) diversion ordinances include an “appeals” section to clarify upfront what the process will be if an applicant chooses to appeal a decision made regarding:
• Granting or denying an exemption.
• Determining an applicant’s level of good faith shown in complying with the ordinance.
• The amount of deposit the compliance oﬀicer determined to be appropriate.

This section would not only give an applicant the right to appeal such a decision, but would also spell out what the process is for making an appeal. Including this section will provide clarity and add flexibility to the ordinance in how applicants and the jurisdiction will handle any special circumstances that occur that make it difficult, or impossible, for an applicant to comply with the ordinance requirements. 8 Case Studies Related to C&D Diversion Ordinances
Several jurisdictions around the state have already gone through a construction and demolition (C&D) diversion ordinance development and adoption process, which may or may not include green building practices. Below are a few examples from different jurisdictions in California. Please keep in mind that this website will be continually updated and we are always looking for new case study examples to add to the list below:
• Alameda County Waste Management Authority (ACWMA) Job Site Case Study. ACWMA staﬀ developed a case studies relating to greenbuilding, as well as tools for purchasing recycled content products and C&D diversion. • Case Studies. Developed by CalRecycle’s C&D program staﬀ on green building and deconstruction projects.
• Excerpts: Best Practices in Waste Reduction Video (Chapters 1 and 6). Below are two chapters in CalRecycle’s 12-chapter Best Practices in Waste Reduction video (Windows Media Video). All chapters are available to watch on YouTube or on our Video Central Training page.
o Chapter 1: Opening Overview: YouTube (00:02:38) | Transcript o Chapter 6: C&D Diversion Ordinances: YouTube (00:04:01)| Transcript Reducing waste can save you money, conserve energy and resources, and reduce air, soil, and water pollution. The Best Practices in Waste Reduction video shows you real options for recycling, reducing, or reusing solid waste products. Helping promote California’s development of markets for recyclable materials is part of our mission. We can help you with technical, financial, and permitting assistance. Please feel free to contact CalRecycle’s Office of Public Affairs for more information. 9 Ordinance Construction
Introduction
Many jurisdictions have adopted one of the sample construction and demolition (C&D) diversion ordinances available on our website, or have adapted one to fit their specific needs. You may choose instead to build your own C&D ordinance using CalRecycle’s model ordinance.

CalRecycle’s model is provided as a tool to assist you in developing an ordinance that best fits your jurisdiction’s needs and conditions. It includes many “fill in the blanks” for those sections that require specificity based on your particular jurisdiction’s conditions. For example, you could choose to include a threshold based on the cost (dollar) or square footage amount that will capture the most common types of projects in your jurisdiction, or on those projects that generate the greatest amount of C&D materials.

Also, as you read through each section of the model, you will be able to click back to the corresponding information for that section on this Information Page.

The sections included in CalRecycle’s model ordinance are those typically found in existing ordinances. Information related to each section is included as guidance when developing your ordinance.
10 Definitions
To facilitate compliance with your ordinance and avoid conflicts over issues such as who is an applicant, what projects are covered under the ordinance, and what counts as diversion, you will want to include a list of definitions to ensure that contractors understand what is required to demonstrate compliance with the ordinance. Below is a list of frequently defined terms in construction and demolition (C&D) diversion ordinances:
• Applicant
• Construction and demolition (C&D) waste, debris, or material • Contractor
• Conversion factor/Conversion rate
• Covered project
• Deconstruction
• Demolition
• Divert/Diversion
• Diversion requirement
• New Construction
• Performance Security/Security Deposit
• Project
• Recycling/Recyclables
• Renovation/remodeling
• Residential
• Reuse
• Salvage
• Waste Management Plan
• Waste Management Plan Compliance Oﬀicial
Below are example definitions that appear in many of the sample ordinances currently on CalRecycle’s Construction and Demolition web page. Some of the definitions are very similar from one to the next, while others are quite varied. When many jurisdictions used the same or a very similar definition, the example provided below is labeled “common definition.” When there was large variation between definitions, multiple example definitions are provided, with the specific jurisdiction noted. 11 CalRecycle’s C&D Waste and Inert Debris Disposal Regulations also contain definitions that may be applicable to a C&D waste diversion ordinance.

Applicant: Any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City/County for the applicable permits to undertake construction, remodeling or demolition project within the City/County. (Common definition)
Construction and demolition (C&D) waste, debris, or material: Of all the sample definitions, this one seemed to have the most variety amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• Discarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project. Non-construction and demolition debris wood scraps. De-minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. (Atherton) • Used or discarded materials resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations. (Santa Rosa)
• Waste building materials resulting from construction, addition, remodeling, repair, alteration, or demolition operations. (Oakland) 12 • Building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. (Santa Monica)
• Includes discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; (2) Remnants of new materials, including but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project; (San Mateo County) • Definition in Construction, Demolition, and Inerts (CDI) regulations Contractor: Any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures within the City/County (common definition).

Conversion factor/conversion rate: The rate set forth in the standardized Conversion Rate Table approved by the City/County/District pursuant to this Article/Chapter/Section for use in estimating the volume or weight of materials identified in the waste management plan. (Common definition) Covered project: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
13 • Shall have the meaning set forth in [the threshold section] • Means and includes any project which consists of one or more of the following:
(1) Demolition work only, as determined by the Building Oﬀicial, or designee; (2) Amended to follow the California Green Building Standards Code. (3) Residential and Non-residential development and new permitted structures, as determined by the Building Oﬀicial, or designee.
(4) Additions and alterations of existing permitted structures as determined by the Building Oﬀicial, or designee. (San Mateo County)
Deconstruction: The careful and systematic dismantling of buildings and structures in order to salvage materials for diversion. (La Habra) Demolition: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• The decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, (wall, fence) whether in whole or in part, whether interior or exterior. (Common definition)
• The deconstructing, destroying, razing, tearing down, or wrecking of any facility including its foundation, covered by this chapter. As used herein, the word “demolition” shall include any partial demolition and any interior demolition aﬀecting more than ten percent of the replacement value of the structure as determined by the Building Oﬀicial. Demolition work includes: (1) proper disposal of recyclables, solid waste, and hazardous materials pursuant to applicable regulations and approved plans, if any, (2) termination of utilities serving the premises including permits and final inspections and approvals, (3) removal of driveways and repair of public sidewalks, as required, and (4) site cleanup and restoration including grading, landscaping, and fencing as required. (Oakland)
Divert/diversion: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
14 • To use material for any purpose other than disposal in a landfill or transformation facility. (Common definition)
• The reuse of construction and demolition debris to avoid disposal in a landfill. (La Habra)
• To use C&D debris for any purpose other than disposal in a landfill, incineration facility, or alternative daily cover. Methods to divert materials from landfills include reuse, salvage, and recycling. (Oakland)
Diversion requirement: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• Construction and Demolition Debris diversion must comply with the most current California Green Building Standards Code (CALGreen) requirement of generated construction materials and any future changes to the diversion rate under that Code, and all inert solids.
• The percentage of construction and demolition waste generated from a covered project by reuse or recycling that must be diverted from landfills, unless the Applicant has been granted an exemption pursuant to Part X of this Article/Chapter/Section. If the Applicant has been granted an exemption, the Diversion Requirement shall be the maximum feasible diversion rate established by the Public Works Director for the Project, Compliance Oﬀicer, or other designated staﬀ in charge of C&D Ordinance oversight. (Common definition)
• The diversion of at least sixty-five (65) percent of the total Construction and Demolition Debris generated by a Project via reuse or recycling, unless the Applicant has been granted an Infeasibility Exemption pursuant to section 5707 of this Chapter, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the waste management plan compliance oﬀicial for the Project. (Castro Valley)
• The diversion of a minimum of 65 percent of the total construction and demolition debris generated by a project, or the lower percentage requirement granted by exception pursuant to section…. (La Habra)
15 • At least sixty-five percent (65 percent) by weight of the total C&D debris is diverted on an aﬀected project. (Oakland)
• The diversion of at least sixty (60) percent of the total Construction and Demolition Material generated by a Project via reuse or recycling, unless the Applicant has been granted an Exemption pursuant to section X in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the waste management plan compliance oﬀicial in relation to the project. (Santa Monica)
Existing Construction: The building, addition, alteration, or repair of any structure or any portion thereof including any tenant improvements to an existing structure. (Common definition)
New Construction: A newly constructed building or structure and does not include additions, alterations or repairs to previously-existing buildings or structures. (Common definition).

Performance security/security deposit: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• Any performance bond, surety bond, money order, letter of credit, or certificate of deposit or similar financial guarantee as approved by the permitting authority submitted to the City/County/District pursuant to Article/Section/Chapter XX of this Article/Section/Chapter. (Common definition) • Cash, certified or cashiers’ check, certificate of deposit, a letter of credit or other security in a form approved by the Director of Public Works. (La Habra).

Project: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• Any activity which requires an application for a building (renovation) or demolition permit or any similar permit from the City/County. (Common definition)
16 • Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that requires a permit form the City of X. (La Habra)
Recycling/recyclables: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (Common definition)
• The process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill; for use as raw material for new, reused, or reconstituted products which meet industry standards. (La Habra)
• Residential, commercial, or industrial materials or by-products which are set aside, handled, packaged, or oﬀered for collection in a manner diﬀerent than solid waste for the purpose of being reused or processed and then returned to the economic mainstream in the form of commodities. (Oakland) • The process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste. (Santa Monica)
• The material will be processed and made into new products or materials. (Contra Costa County)
Renovation/remodeling: Any change, addition or modification in an existing structure. (Common definition)
Residential: For the purposes of CALGreen:
• Low-Rise Residential Building: Any building that is three stories or less. 17 • High Rise Residential Building: Any building that is four stories or greater in height.

Reuse: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• Further or repeated use of construction and demolition debris/waste. (Common definition).
• Recovering material for repeated use in the same form. This includes materials that are reused at the same location as they are generated. (Oakland) • The use, in the same or similar form as it was produced, of a material that might otherwise be discarded. (Santa Monica)
Salvage: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• The controlled removal of construction or demolition waste/material from a permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (Common definition) • The controlled removal of materials from a covered project. (San Mateo County) • The recovering of C&D debris from a building or demolition site for the purpose of recycling, reuse, or proper storage for future recycling or reuse. (Oakland) Waste management plan: A completed waste management plan (WMP) form, approved by the City/County for the purpose of compliance with this Article/Section/Chapter, submitted by the Applicant for any Covered or Non-covered project. (Common definition)
Waste management plan compliance official: This sample definition varied amongst the sample ordinances reviewed, with definitions varying in length and detail. Below are variations of this definition:
• The designated staﬀ person(s) authorized and responsible for implementing this chapter. (Castro Valley/Oakland)
• The administrator of the Refuse Division of the Dept. of Public Works, or his or her designee. (La Habra/Santa Monica)
18 Deposit Required
Many jurisdictions consider deposits to be a positive incentive for complying with their construction and demolition (C&D) diversion ordinances. One thing to consider when deciding whether to include a deposit requirement, however, is the amount of staff time that may be spent on the handling and processing of deposits. Because of limited staffing resources, some jurisdictions therefore opt to forego a deposit, and instead monitor compliance by conducting periodic, impromptu inspections of project work sites.

Alternative Compliance Incentives
Alternative compliance incentives used by jurisdictions include:
• A signed letter of intent to comply with the ordinance. • Onsite monitoring at any given time to verify compliance. • Penalties if a contractor fails to comply with the ordinance.

Deposit Requirement Considerations
When determining what your deposit requirements will be, it is essential that you consider the dynamics of your community and solicit contractor input regarding the requirements, including the basis and procedure for deposit reimbursement. Deposits are generally returned upon submittal of verification that the diversion requirement, or some portion thereof, was met. You may also want to allow a refund in situations when the applicant’s building permit is withdrawn or cancelled before any work has begun.

If you include a deposit program in your ordinance, you will need to establish what the process will be for verifying diversion, and how the refund amount will be determined.

Some jurisdictions require the applicant to file a written request for the refund and to provide supporting documentation; the amount of the refund is usually tied to the amount of substantiated diversion. The refund process should be described in the ordinance.

Deposit Uses
Jurisdictions with a diversion deposit program have used the deposit for payment of diversion deposit refunds, as well as:
19 • Administrative costs associated with the C&D diversion program. • Program costs associated with the C&D diversion program, including infrastructure improvements to facilitate C&D waste diversion.

Deposit Amount
Another important consideration is the deposit amount. If the amount charged is too high for contractors, they may consider not building in your jurisdiction. If the amount is too low, it could be cheaper for the contractor to forfeit their deposit than to comply with the diversion requirement. This would be a good topic to discuss with the stakeholders prior to adopting your ordinance. You could also explore what amount works best with other jurisdictions in surrounding areas that are implementing C&D diversion ordinances that have a deposit requirement.

Deposit amounts can be based on:
• Cost of the project.
• Size or square footage of the project.
• A fixed amount to be determined by the jurisdiction.
• Type of project.
• Deposit amounts may vary with the following types of projects:
o Construction, demolition, remodeling, and grading.
o Residential or nonresidential buildings.

Legal Considerations
It is important to note, however, that if your jurisdiction is a general law city or county, you should consult with your city attorney’s office or county counsel’s office before including a deposit section in your ordinance, as general law cities and counties may have some limitations on their use of this kind of enforcement mechanism. If you do include a deposit section in your ordinance, you may want to allow deposits to be paid in the form of cash, letter of credit, performance or surety bond, or money order. 20 Diversion Requirement
The diversion requirement section of an ordinance sets the diversion rate (or rates) determined by the jurisdiction as the minimum required percentage(s) of construction and demolition (C&D) waste diversion a contractor must attain per project that falls under the ordinance. Percentage amounts vary between jurisdictions, and are usually based on their C&D recycling infrastructure, most common project types, or sometimes on a material type basis. For example, some ordinances set a higher diversion rate for asphalt/concrete from demolition projects than for new construction. Half of the materials generated, or 50 percent, is the most common diversion rate set when only one rate is required. Senate Bill 1374 required CalRecycle’s model ordinance to have a diversion rate requirement of 50 percent to 75 percent.

To minimize confusion over which activity will count as diversion, you should consider including a definition of the types of activities that would contribute toward achieving the diversion goal (for example, source reduction in new building construction, reuse or salvaging of materials in demolition projects, recycling or composting materials.) In regard to clean inert debris sent to engineered fills and whether or how those materials are included in the diversion rate calculation, jurisdictions should be aware of how that waste type is treated in CalRecycle’s Construction and Demolition and Inerts Debris Recycling Regulations. CalRecycle’s regulations state that clean inerts taken to engineered fills do not count as either disposal or diversion for a jurisdiction’s AB 939 diversion rate requirement.

You may also want to include a section in your ordinance that addresses how the project applicant will be required or allowed to demonstrate diversion rate achievement. An example can be seen in Alameda County’s model ordinance. Please refer to “Section XX-7 Compliance with WMP.”
Some jurisdictions also allow for deconstruction or salvaging operations prior to demolition or construction to count toward the diversion requirement. For example, the City of Santa Monica includes in its C&D diversion ordinance the following language:
“In preparing the WMP, applicants for demolition permits involving the removal of all or part of an existing structure shall consider deconstruction… to the maximum extent feasible, and shall make the materials generated thereby available for salvage 21 prior to landfilling. Deconstruction can be used to meet the sixty (60) percent diversion requirement provided it is accounted for in the WMP.” Another example is from San Mateo County’s ordinance:
a. “Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition.
b. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this chapter. ”
Diversion requirements can be set in several ways. For example, the rate can be:
• A set or fixed rate for all projects (for example, 50 percent). • Set at diﬀerent percentage rates based on material type generated by a project. • Based on the project type, for example, a higher diversion rate could be set for demolition projects than for new construction projects. The amount of diversion that is feasible to attain, however, will depend on the material in the building being demolished. For example, a concrete building may have a higher percentage of recyclable material than an older building that contains lead- based painted wood, asbestos acoustic tiles, etc.

Additionally, you may find, as has the City of San Jose, that certifying C&D recycling facilities can simplify verification of compliance with your ordinance’s diversion requirement. For more information on certifying C&D recycling facilities, please refer to “Know Your Infrastructure.” San Jose included a section on “certified recycling facilities” in its ordinance. Select the PDF file “CDDD Ordinance 26219;” see section “9.10.2460 Certified Facilities” for sample language.
22 Plan for Education and Outreach Activities
Jurisdictions have found that it helps to have a phase-in period before implementing a construction and demolition (C&D) diversion ordinance to provide time to educate your staff on how to implement the ordinance (if you haven’t already done so), and to inform contractors about the ordinance and its requirements. This can help to facilitate greater compliance with diversion requirements and a smoother implementation of your overall C&D ordinance. The San Jose ordinance is one example of a program that has a phase-in period. Providing handouts on available diversion facilities, cost comparisons of recycling facilities versus disposal, etc., at this time would also be helpful.

Staff Training
The kind of education and training you will need to provide staff will depend on what sections you include in the ordinance. For example:
• If you require a deposit, you will need to develop a procedure for handling deposits, and you will need to decide what form of payment will be acceptable (e.g., cash, certificate of deposit, surety bond, etc.). You will also need to establish procedures for returning deposits, and for handling any appeals should a non-returned deposit be contested.
• If you require a particular diversion rate but also allow for a reduced rate based on the feasibility of attaining that rate, you will need to establish criteria and train the person reviewing applications for a reduced diversion requirement on how to evaluate such applications. For example, they will need to be trained to recognize which projects are likely to result in non-divertable hazardous materials, like lead-based painted wood.
• If you require that estimates of anticipated materials to be generated, disposed or diverted be included in a waste management plan (WMP) as a condition of a permit, you will also need to train the person who will be reviewing WMPs on how to evaluate the estimates. Estimates can vary from jurisdiction to jurisdiction, depending on size and project type. Consult with your local construction companies for accurate estimations of C&D waste generated by project type/size.
23 • If you require weight tickets to demonstrate compliance with a particular diversion rate, you could simplify the process by establishing a recycling facility certification program. The City of San Jose has developed a certification process for the C&D diversion facilities in their area, which is explained on their Construction and Demolition Recycling web page. Basically, a contractor only has to document taking their waste material to one of the facilities that the City has already certified recycles incoming C&D materials at a particular rate. • If you establish thresholds for determining which projects would fall under the ordinance, you will need to train the staﬀ person responsible for reviewing the project proposals to be able to evaluate the accuracy of a project’s estimated cost and or/square footage, and the anticipated amount of C&D materials associated with a project of that size, whether its a demolition, new construction, or renovation project.
24 Diversion Requirement Exemption
There are times when an applicant for a covered project anticipates circumstances that will make it more difficult, if not impossible, to comply with the construction and demolition (C&D) diversion requirement. This possibility is often provided for in a C&D ordinance, and would include a description of the process an applicant would use to request an exemption or reduction in the required diversion rate. Usually the applicant and compliance official negotiate a more feasible and reduced diversion rate, and that reduced rate is included in the waste management plan (WMP). There are different ways to provide for exemptions in your ordinance:
• If you have both a diversion requirement and a deposit requirement in your ordinance, include a section that exempts a project from both the diversion requirement and the deposit requirement. If a project were exempt from one, it could automatically be exempt from the other.
• Include a section that allows for either a partial or complete exemption from the diversion requirement.
• Include a section that allows for either a partial or complete exemption from the deposit requirement; the Alameda sample ordinance provides a good example of deposit exemptions.
• Include a section that lists projects that are exempt from the ordinance itself (or include such a list in a “threshold” or “covered project” section).

Example circumstances that could be considered a basis for exempting a project from the diversion requirement, and/or a deposit requirement, because they could lower the feasibility of achieving the diversion rate, include:
• Lack of storage space onsite.
• Contamination by hazardous substances.
• Low recyclability of specific materials.
25 Frequently Asked Questions
This section contains construction and demolition (C&D) waste diversion related questions frequently asked by stake holders involved in the C&D diversion process (e.g. cities, counties, contractors, recyclers, etc). This section will be updated regularly, so if you have any C&D diversion-related questions that you would like addressed, please send them to [email protected].

California Green Building Standards Code
California’s Green Building Standards Code (CALGreen) requires the diversion of at least 65 percent of the construction waste generated during most “new construction” projects (CALGreen Sections 4.408 and 5.408). Please see this table to see what the current requirements are. Please remember, this does not represent a complete list of requirements and contact your local building department for more information. For more information on CALGreen, see the following questions.

C&D Waste Diversion Ordinance
The following are questions most frequently posed to CalRecycle by local government solid waste officials during the development of their own C&D waste diversion ordinance.

California Green Building Code
Where can I find a copy of the code?
The California Green Building Standards Code (CALGreen) is part 11 of Title 24, California Code of Regulations. The CALGreen code is published by the International Code Council (ICC) and is available on its website, along with other parts of the California Building Standards Code. The applicable sections for residential construction can be found in Section 4.408 and in Section 5.408 for most non- residential new construction. Sections 301.1.1 and 301.3 addresses additions and alterations diversion requirements.

What are the code’s waste diversion requirements?
Covered occupancies are required to divert 65 percent of the construction waste materials generated during the project. The code also allows a disposal reduction option that can be met when the project’s disposal rate is 2 lbs. per square foot or less 26 for non-residential and high rise residential or 3.4 lbs. per square foot or less for low- rise residential.

Which types of construction occupancies are covered under CALGreen? The code applies to various occupancies and types. Please see this table for general requirements for each type. For specifics on the code’s scope, see Section 101.3. Also see Section 101.11 for a list of steps that can be used to determine which sections apply to each type of occupancy.

What changes does the 2019 update make to CALGreen?
No changes were made to the construction waste management requirements. Please see this table for a summary of the 2016 & 2019 waste management requirements.

Who is responsible for enforcing CALGreen?
Agencies currently enforcing building codes for the covered occupancies are responsible for applicable enforcement of CALGreen.

If city/county building departments are responsible for implementing the updated California Green Building Standards Code, please explain the level of involvement required by recycling coordinators?
CALGreen does not address the level of involvement required by recycling coordinators. It is up to each jurisdiction to determine what programs are available to divert at least 65 percent of waste from covered construction projects. Building departments, building owners, and builders are strongly encouraged to work with their jurisdiction’s recycling coordinator or solid waste staff because they are the local recycling market and infrastructure experts. Recycling coordinators are encouraged to report how their city/county is implementing the code for inclusion in the AB 939 Annual Report.

What flexibility does a jurisdiction have when applying CALGreen? The code includes exceptions to the requirements of Sections 4.408 and 5.408. The exceptions generally apply if adequate diversion facilities do not exist (exception 2 to sections §4.408.1 and 5.408.1.1, 5.408.1.2, 5.713.8.1.1, and 5.713.8.1.2). Each of these exceptions allows a reduced or alternate compliance requirement. There is an exception for demolition waste diversion in consideration of local recycling facilities and markets for non-residential occupancies (Exception 3 to 5.408.1.1 and 5.408.1.2). 27 CalRecycle recommends that the recycling coordinator collaborate with their building departments/ inspectors to develop any appropriate exemptions. This will also provide the recycling coordinator information they can include in the AB 939 Annual Report to CalRecycle.

Does CALGreen apply to both demolition permits and construction permits? CALGreen applies to new construction, demolition associated with the construction permit, and to some additions and alterations, please see this table to determine which additions or alterations are covered.

What if our local ordinance has a higher diversion requirement than 65 percent? CALGreen allows for either a 65 percent diversion requirement or the local requirements, whichever are more stringent. CALGreen does not require jurisdictions to adopt a local C&D ordinance.

Is there is a minimum size project to which the code applies? Yes and No.
• CALGreen’s waste diversion requirement applies to projects that require a construction or building permit from a local agency. It also applies to residential additions and alteration of existing buildings where the building’s conditioned area, volume, or size increases.

Our C&D diversion ordinance requires recycling on all new construction with a specific cost and/or square footage threshold. Does our jurisdiction still need to implement CALGreen?
Yes, the requirements of CALGreen may be more (or less) restrictive than a current local C&D ordinance. Jurisdictions shall enforce their own more restrictive requirements (local ordinance) or the CALGreen Code, regardless of cost or size triggers. Jurisdictions can choose to amend its ordinance or inform stakeholders in some manner, e.g., when they apply for their building permit. A jurisdiction might also include information on its website. It could also include a note on its existing ordinance about CALGreen and how it affects new construction.

If my jurisdiction does not have an ordinance or policy, then must we still implement CALGreen?
28 Yes, CALGreen applies on a statewide basis, and the waste diversion and planning are required unless the exemptions (see response to question RE: jurisdiction flexibility) from those requirements apply.

If the jurisdiction is required to use the 65 percent number, can we implement some sort of review of projects that don’t report 65 percent and grant “good faith effort” compliance for builders who implement a recycling program but just didn’t generate enough recyclable materials to hit the 65 percent? CALGreen requires builders/owners to divert 65 percent of the waste from covered projects. This can be met through three methods: 1) develop and submit a waste management plan to the jurisdiction’s enforcement agency which identifies materials and facilities to be used and document diversion, 2) use a waste management company, approved by the enforcing agency, that can document 65 percent diversion, or 3) use the disposal reduction alternative, as appropriate for the type of project. If the waste management plan option is used, the plan should be developed before construction begins, and project managers should use the project’s planning phase to estimate materials that will be generated and identify diversion strategies for those materials. The code provides for exceptions (see response to question above) and the project’s planning phase would be an appropriate time to work with the jurisdiction’s enforcement agency and recycling coordinator to establish the best route to compliance or to determine if an exception is warranted. All covered projects should be able to divert 65 percent non-hazardous waste.

The Building Standards Commission has developed “Guide to the (Non-Residential) California Green Building Standards Code” to provide information on CALGreen. The California Department of Housing and Community Development (HCD) has developed suggested methods and compliance forms as options for residential builders and owners to demonstrate compliance with the 65 percent or greater construction waste reduction requirement. These methods are currently available in HCD’s “A Guide to the California Green Building Standards Code.” Additional methods will be added as they are developed. Some projects may not generate significant amounts of waste materials. To address these situations, CALGreen includes methods to demonstrate compliance based upon disposal reduction. CALGreen Guidebooks and reference materials are available on the CALGreen website.

Does our jurisdiction have the flexibility to exempt projects such as pool construction or installation of small, prefabricated buildings? 29 The California Building Code provides permit exemptions in Chapter 1, Administration, Section 105.2 Work Exempt from Permit, which may be further modified by your city or county. (Similar exemptions are in Section R105.2 of the California Residential Code.) One example from this list includes, “one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).” Pool construction, if constructed as part of a new building, may be covered by this code. An existing building with a new pool would not be regulated. HCD’s CALGreen provisions for “low- rise residential” apply to buildings and do not apply to swimming pools or detached accessory structures. Always check with your local code enforcement office to determine specific requirements.

How does CALGreen apply to residential re-roofs?
Under the strict scope of CALGreen, a normal re-roof that neither increases the building’s conditioned area, volume, nor size, would not be subject to the requirements of the code. Some jurisdictions may, however, include such projects in local ordinances or adopted codes. It is always best to check with the local enforcing agency.

Does CALGreen apply to school or hospital construction projects? Yes and no.

Hospitals, skilled nursing facilities, licensed clinics and correctional treatment centers that are regulated by the Office of Statewide Health Planning & Development (OSHPD) are covered by the CALGreen sections adopted by that agency. Currently, OSHPD has not adopted any mandatory CALGreen measures relating to construction or demolition waste management.

The Division of the State Architect (DSA) has enforcement authority for all public elementary and secondary schools (K-12) and public Community Colleges. DSA has adopted sections 5.408.1 through 5.408.3 as mandatory.

To review all the requirements, view the CALGreen Construction Waste Management Requirements Table.

C&D Waste Diversion Ordinance
30 Are cities mandated by SB 1374 to adopt CalRecycle’s Model C&D Waste Diversion Ordinance?
No, CalRecycle’s C&D model ordinance was developed as a tool for jurisdictional use.

In earlier versions of SB 1374, jurisdictions were mandated to adopt the model C&D diversion ordinance. However, in the final chaptered bill, this requirement was taken out.

How can a city determine a threshold for its C&D Ordinance? A threshold is a set ‘target’ for a city. The threshold will list projects that must comply with the C&D diversion ordinance. A city can choose which project to target. Projects can be targeted by project cost or type. To get the largest amount of C&D debris out of the waste stream, jurisdictions could look at building permits and determine what types of projects, or what project cost amounts generate the most waste. Once the highest and/or most frequently occurring projects generating C&D waste have been identified, a city then could set its threshold in a way that captures the most C&D waste and target these projects for diversion.

Could a city that is looking to adopt a C&D ordinance save time by just finding another city of similar size and conditions that has already adopted an ordinance, and adopt it?
Every city is different, and each waste stream is different. If a city is considering adoption of a C&D ordinance, while it may benefit by knowing about how C&D ordinances are working in neighboring or similar jurisdictions, it should base their ordinance on conditions specific to the city. The city should identify its infrastructure and know its own waste stream and then tailor the ordinance to its diversion needs.

How is a diversion rate set in an ordinance?
A diversion rate can be set for C&D materials overall, or by material type. CalRecycle’s model ordinance recommends 65 percent and above for overall C&D diversion, but a city has the option to set the rate as long as it complies with CALGreen’s construction waste management requirements.
31 Fines and Penalties
The most common “penalty” for construction and demolition (C&D) noncompliance is forfeiture of the deposit. Some jurisdictions have additional enforcement mechanisms in their ordinance in the form of fines and/or penalties. Jurisdictions that have included fines or penalties in their C&D ordinance have found these enforcement methods to be very useful in ensuring compliance with their ordinance.

Some jurisdictions that have implemented ordinances without stipulating penalties for noncompliance have included an “option to revise” section in their ordinance. This gives a jurisdiction the opportunity to evaluate the effectiveness of the ordinance after a specified time period to determine if it should be revised to include additional requirements, such as the assessment of penalties for noncompliance. Alternatively, you may want to put the mechanism for fines or penalties in place, but not enforce those until after a specified time period to enable you to evaluate the effectiveness of the ordinance without those additional fines or penalties.

Alternatives to establishing a fine or penalty for noncompliance include:
• Focusing time and resources on increased technical support. • Verbal warnings.

Types of fines or penalties that may be included in an ordinance are:
• Forfeiting deposit. Lack of compliance could mean deposit is forfeited to the jurisdiction.
• Three strikes policy. You could establish an increasing fine for successive violations on noncompliance, for example, $100 for first time violation, $200 for the second, and $500 for each time thereafter.
• Fines. Civil action for misdemeanor violation. Failure to comply could result in a misdemeanor violation, a certain amount of jail time, or a set dollar amount for a fine, or both.
• Penalties. Lack of compliance could also result in encumbering or hindering any future building permits.

Listed below are additional ways to encourage compliance with your C&D ordinance:
• Provide grant money to certified recycling facilities. 32 • Return deposits for compliance with ordinance.
• Link issuance of Certificate of Occupancy to C&D ordinance compliance. • Provide free pick up of recyclable materials (usually for projects that fall below the ordinance’ s threshold level).

It is important to note that if your jurisdiction is a general law city or county, you should consult with your city attorney’s office or county counsel’s office before including a fines/penalties section in your ordinance, as general law cities and counties may have some limitations on their use of this kind of enforcement mechanism.
33 Develop Ordinance Implementation Processes
During the ordinance implementation phase, you will want to provide ongoing education for new staff implementing the ordinance as well as contractors who will need to comply with the ordinance. You will also want to monitor the effectiveness of the ordinance (e.g., any increase in diversion of construction and demolition (C&D) material, or decrease in the amount being landfilled), and to enforce compliance with the ordinance. The amount of staff time (and on-going training) you will need to implement your ordinance will depend on the sections you include. For example, if you:
• Require a waste management plan (WMP), you will need to develop a template for contractors to use, and you may also need to provide training for how to complete a WMP . Some jurisdictions provide such training and examples of a completed WMP on their building department’s webpage. The City of Oakland has a webpage that contains various sample forms, including an example of their WMP .
• Have a diversion requirement, you will need to train staﬀ on what are reasonable estimates for anticipated diversion/disposal per project and/or material type.
• Have penalties and/or fines (other than forfeiture of deposit), you will need to develop procedures for implementing the penalty/fines, and train staﬀ accordingly.
• Require a deposit, you will need staﬀ to handle the deposits (taking in and returning), as well as to evaluate compliance with the requirements that allow deposits to be returned, and to handle any related disputes or appeals. If you don’t have a deposit requirement and instead require onsite source separation and diversion, you will need to have staﬀ to monitor onsite compliance.

Encouraging/Enforcing Compliance
Below are ways for a jurisdiction to encourage/enforce compliance with their C&D ordinance:
• Provide technical assistance and education for contractors. • Provide education/training for staﬀ.
34 • Require security (or performance) deposits.
• Require proof of compliance through weight tickets and receipts from diversion facilities.
• Tie issuance of project permits to meeting ordinance requirements; for example, submittal of a complete waste management plan . • Conduct field inspections of onsite practices.
• Tie final approval of projects to compliance with the C&D ordinance; for example, a jurisdiction may choose to only release the certificate of occupancy when the project applicant is found to be in compliance with the ordinance. 35 Know Your Infrastructure
Central to the success of any construction and demolition (C&D) diversion ordinance is having adequate C&D recycling facilities in place and to know if the recycling facilities and markets that are currently in place will be able to handle the amount of C&D waste and the types of projects that you hope to target. If the existing facilities in your area do not currently have the capacity to handle this amount or this type of waste, you should address this issue prior to adopting and implementing your ordinance.

Also, it is important to identify markets for this C&D debris to help ensure its diversion from disposal.

Once you have identified the C&D recycling facilities in your jurisdiction or area, it may facilitate compliance with your ordinance if you have “certified” which of the facilities are known to divert at least the minimum percentage of C&D material that you require in your ordinance. Some jurisdictions have developed a process for certifying recycling facilities that handle C&D material—a good example is the City of San Jose. In the certification process, a jurisdiction verifies the diversion rate at a particular facility, and if the facility meets certain criteria, like meeting the diversion rate or rates required in the jurisdiction’s ordinance, they will be added to the jurisdiction’s “certified facilities” list.

A certified facilities list can facilitate compliance with the ordinance by allowing contractors to simply verify that they took their C&D materials to one or more of those facilities, instead of having to produce individual weight tickets from the various facilities they may have used. Such a list should be included in the educational material you provide to contractors about how they can comply with your ordinance.

The City of San Jose has an example list of certified facilities and deconstruction, recovery, and reuse listings.
36 Methods to Encourage C&D Diversion
There are several methods a jurisdiction can use to encourage the diversion of construction and demolition (C&D) waste from landfills. These include providing information on the following topics:
• C&D Waste Management Plan. A Waste Management Plan is essentially a form that estimates how much C&D debris will be generated by the project and describes how the materials will be managed. This requires the building contractor to estimate how much C&D material will be generated and to consider how, where, and how much they will divert.
• Educational Outreach. Inform contractors about alternatives to landfill disposal of their C&D waste.
• Policy. How to implement a policy for diverting C&D waste. • Specifications. Incorporate specifications into local building projects. • Building Green. How to use of recovered and recycled C&D materials. • Incentive Programs for Waste Haulers. Encourage waste haulers to increase diversion of C&D materials.
• C&D Diversion Ordinance. How to develop, adopt, and implement a C&D diversion ordinance.

C&D Waste Management Plan
Most C&D diversion ordinances include a requirement that a waste management plan (WMP) be completed and submitted prior to the beginning of a project. A WMP is essentially a plan that estimates how much C&D debris will be generated by the project and describes how the materials will be managed. This requires a project applicant to estimate how much C&D material will be generated and to consider how, where, and how much they will divert. For samples and more information on what a WMP entails, visit the C&D Guide’s Waste Management Plan page.

The California Green Building Standards Code (CALGreen) instructs local jurisdictions to require contractors to develop and maintain a waste management plan, among other things, to verify a minimum 65 percent waste diversion. CALGreen further specifies for the WMP to be updated as necessary and shall be available for examination during construction. Sample WMP is provided in the actual CALGreen code publication under the Compliance Forms and Worksheets section. The California 37 Department of Housing and Development’s website also provides sample WMP for residential C&D projects.

Educational Outreach
A simple method to help divert C&D waste is to provide general contractors with educational material and information about alternative facilities that take C&D waste.

This could be as simple as providing a brochure listing the C&D diversion facilities in the region, with hours, location, cost (if any), and material types accepted.

Information on building green could also be included in your educational material.

You might also consider adding a page or more to your website regarding C&D diversion that includes a list of C&D diversion facilities in your region. An example web page is the City of San Jose Environmental Services website that includes a list of certified C&D diversion facilities.

Providing information on reuse opportunities, such as exchange programs, can also be useful. Below are links to exchange programs and other information on C&D materials that you could include on your web page or in a brochure with general information regarding C&D waste diversion:

U.S. EPA
The U.S. EPA’s C&D Debris website provides information and links to extensive resources and organizations covering the characterization, reduction, reuse, recycling and management of C&D debris.

Oregon Metro
The Oregon Metro is a regulatory agency that helps protect the quality of Oregon’s environment, including managing the proper disposal of hazardous and solid wastes.

Oregon Metro’s Construction and Demolition Debris Salvage Program web page provides information and tool kit on C&D Salvage programs.

Alameda County Waste Management Authority (ACWMA)
The ACWMA provides information on:
• Jobsite Recycling Case Study
• County Model Ordinance
38 • Information on Green Building
• New Construction, and Home Remodeling Downloadable Guides • Downloadable Builder’s Guide to Reuse and Recycling
Policy
A C&D diversion policy is an informal advisory document or a program that strongly encourages the diversion of C&D materials, but does not provide a local jurisdiction with the same level of enforcement authority as an ordinance. Such policies or resolutions do not have the force of law within a jurisdiction but are simply expressions of opinion or preferences. In this context, the purpose of a policy would be to encourage C&D diversion without actually requiring it.

A policy can:
• Serve as a viable alternative to an ordinance when a jurisdiction does not have the time and resources necessary to fully implement an ordinance. • Be used as a “stepping stone” in the ordinance process. While there may be a need to establish some kind of a C&D diversion program, a jurisdiction may first want to try alternatives to an ordinance. A policy can be a useful tool in “testing the waters” if used as a first step in establishing a C&D diversion program. Once a policy is in place and a C&D diversion program is established, a jurisdiction can determine over time if an ordinance would be more eﬀective, or if a policy is adequately achieving diversion of C&D waste.
• Also provide a jurisdiction with more flexibility than an ordinance, since ordinances require a more formal process to revise.

Model Deconstruction Policy
Minnesota Pollution Control Agency works to improve our environment through partnerships, technology transfer, technical assistance, education, research, and matching grants. Their website illustrates an example of a resolution establishing a model deconstruction policyPDF download.

Specifications
Another method for encouraging C&D waste diversion is to include C&D waste diversion requirements/procedures into project specifications. Because specifications are a major communication tool to convey the requirements of a construction or 39 demolition project, specifications that contractors are required to follow could also include the conditions and requirements for diverting C&D materials. If the conditions are not met, the contractor could be held accountable.

Sample specifications are available from several resources, some of which are listed below.

CalRecycle Specifications
• Model C&D Diversion Specifications
• CalRecycle’s Green Project Specifications. At the bottom of the Green Project Specifications web page, is a list of sample specifications. • CalRecycle’s Green Building Guidelines. This site provides a list of external websites with green building guidelines.

King County in Washington State
In Washington State, King County’s Construction Recycling website includes information on:
• Preventing Jobsite Waste
• Design Specifications and Waste Management Plans
• Commingled vs. Source-Separated Materials
• Cost-Eﬀectiveness of Jobsite Recycling
Triangle J Council of Governments in North Carolina
The Triangle J Council of Governments in North Carolina website has a free, downloadable document regarding building specifications for reference: “WasteSpec:

Model Specifications for Construction Waste Reduction, Reuse, and RecyclingPDF download.”
Building Green
To generate demand and promote the reuse of C&D materials in their present and recycled form, you may want to require the use of recovered and recycled C&D materials. Useful links to building green information include:
• CalRecycle’s Green Building and Construction web page contains information on issues such as economic benefits of building green, occupant safety in green buildings, programs and partnerships, and case studies. 40 • U.S. Green Building Council A coalition of leaders from across the building industry working to promote buildings that are environmentally responsible, profitable and healthy places to live and work.
• Alameda County Waste Management Authority (ACWMA) oﬀers building green information including resources for C&D reuse and recycling.

Incentive Programs for Waste Haulers
You may want to investigate the possibility of establishing an incentive program that would encourage waste haulers in your jurisdiction to increase their diversion of C&D material. This could include establishing a franchise agreement with the C&D material haulers in your area, and providing incentives for C&D diversion through commensurate franchise fee decreases or rebates (or establish disincentives with commensurate fee increases for disposal versus recycling of C&D waste). It is important to note, however, that contractors in your area may prefer to not be limited to the hauling services provided by a franchise hauler.

Many local jurisdictions currently require their municipal solid waste (MSW) haulers to secure a franchise agreement as a condition of their hauling permit. Sometimes, C&D material (hauled in roll-off boxes) is included within a larger exclusive refuse hauling franchise, while at other times C&D is included in multiple, nonexclusive franchises or not regulated at all. If C&D haulers are not currently included within the scope of the permit/franchise requirement, the solid waste code and/or ordinance can be amended to embrace them, as well. The franchises, in turn, can contain an incentive program that will encourage the diversion of C&D material.

Providing such an incentive could also work in a jurisdiction that has open market competition, and nonexclusive commercial and residential franchises. A C&D hauler can execute the commercial refuse services franchise but commit to providing only C&D roll-off services.

However, there is a “budget” caveat with a franchise rebate alternative—when establishing a franchise rebate program, you must carefully project anticipated franchise revenues and calculate the amount thereof that you would need to fund the cost of your budgeted solid waste programs. This will allow you to know exactly how much rebate you could afford to pay back to the haulers.

Also, Monterey Unincorporated offers increased revenue if haulers exceed their preset minimum diversion requirements, so each year there is a certain percentage for the 41 diversion requirement. If haulers exceed the requirement, they can get paid more.

C&D is part of the materials that are recycled. Also, the converse is true. If the diversion requirement is not met, haulers are subject to decreased revenue. Language is for all divertible materials, including C&D. Monterey Unincorporated language can easily be adapted to cite C&D only.

C&D Diversion Ordinance
Ordinance description and C&D diversion ordinance issues to be considered are located in the Developing a C&D Ordinance section.
42 CALGreen Construction Waste Management Requirements
Waste Diversion
CALGreen requires covered projects to recycle and/or salvage for reuse a minimum 65% of the nonhazardous construction and demolition waste or meet a local construction and demolition waste management ordinance, whichever is more stringent.

The code applies to various occupancies and types. Please see this table for general requirements for each type. For specifics on the code’s scope, see Section 101.3. Also see Section 101.11 for a list of steps that can be used to determine which sections apply to each type of occupancy.

Methods of Compliance
• Enforcing agencies can require contractors to develop and maintain a waste management plan and document diversion and disposal. OR • Utilize a waste management company that can provide verifiable documentation that it meets 65% waste diversion. OR
• Use a waste stream reduction alternative:
o Non-residential new construction and residential high rise (4 stories or more) projects with a total disposal weight of ≤ 2 lbs/ft2 meets the 65% waste diversion requirement.
o Residential low rise (3 stories or less) with new construction disposal of ≤

3.4 lbs/ft2 meets the 65% waste diversion requirement.

Recycling by Occupants (Space for Recycling)
Newly constructed non-residential buildings, certain non-residential additions and multi-family housing with ≥ 5 units should provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non- hazardous materials for recycling, including (at minimum) paper, corrugated cardboard, glass, plastics, organic waste and metals.
43 Senate Bill 1374 (2002)
Introduction
Chapter 501, Statutes of 2002 (Kuehl, SB 1374) seeks to assist jurisdictions with diverting their construction and demolition (C&D) waste material with a primary focus on CalRecycle developing and adopting a model C&D diversion ordinance by March 1, 2004, for voluntary use by California jurisdictions. CalRecycle adopted such a model ordinance at its March 16, 2004 meeting (Agenda Item No. 13).

Below is an explanation of this chapter and its requirements for local governments and for CalRecycle. Chanpter 501 added the following requirements to the Public Resources Code (PRC).

Annual Reporting Requirements (PRC Section 41821)
This section was amended to explicitly require that a jurisdiction include in its annual report:

A summary of progress made in diversion of construction and demolition of waste material, including information on programs and ordinances implemented by the local government, and quantitative data, where available. [PRC section 41821(b)(4)] Jurisdictions have been reporting annually to CalRecycle since 1996 on their progress in implementing diversion programs to achieve the diversion goals of AB 939. This new requirement simply makes it explicit that jurisdictions are to also report their progress in implementing C&D waste-related diversion programs in their annual report. If you have any questions on how to report your implementation of C&D diversion programs, contact your Local assistance staff representative.

Enforcement Through Fines (PRC Section 41850)
This section was amended to add another circumstance for CalRecycle to consider when deciding whether to fine a jurisdiction that has failed to meet a compliance order it has been issued. Specifically, subsection (c)(4) was added to include the consideration:

Whether a local jurisdiction has provided information to CalRecycle concerning whether construction and demolition waste material is at least a moderately significant portion of the waste stream, and if so, whether the local jurisdiction has adopted an ordinance for diversion of construction and demolition waste materials 44 from solid waste disposal facilities, has adopted a model ordinance pursuant to subdivision (a) of section 42912 [i.e., CalRecycle’s model ordinance] for diversion of construction and demolition waste materials from solid waste facilities, or has implemented another program to encourage or require diversion of construction and demolition waste materials from solid waste disposal facilities.

CalRecycle Requirements (PRC Section 42912)
This section requires CalRecycle to develop and adopt a model C&D ordinance by March 1, 2004. Specifically, CalRecycle is required to:

Adopt one or more model ordinances, suitable for modification by a local agency, that the local agency may adopt that will require a range of diversion rates of construction and demolition waste materials from 50 to 75 percent, as determined by CalRecycle, and as measured by weight.

As specified in this section, CalRecycle was required to develop a model ordinance as a tool for jurisdictions, and to solicit public comments on the model ordinance prior to CalRecycle adoption. CalRecycle distributed a draft model for public review and comment from December 23, 2003, through January 31, 2004, and adopted the final model ordinance at its March 16, 2004 meeting.

This same section also requires CalRecycle to compile a report on programs that jurisdictions can implement and methods general contractors can use to divert C&D waste from disposal. CalRecycle is further directed to post that information on its website. These “Local Government Construction and Demolition Diversion Information” web pages, and the contractor information provided on CalRecycle’s C&D website, fulfills this requirement.

CalRecycle currently maintains a valuable web page dedicated to C&D debris recycling that provides the public with C&D-related information, including:
• Publications (e.g., case studies, fact sheets).
• C&D recyclers (e.g., a C&D debris recyclers data base). • Recycled building products.
• Sustainable building.
• Other C&D links.
• C&D diversion ordinances.
45 CalRecycle staff based the model ordinance on existing ordinances currently being implemented, as well as on input from local government, the League of California Cities and California State Association of Counties, private and public waste services, the building construction materials industry and construction management personnel, to ensure that the model will be a useful and effective tool for jurisdictions and general contractors.
46 Threshold
Most jurisdictions with construction and demolition (C&D) ordinances set a threshold for projects that would fall under the ordinance, with the intent of targeting those projects that generate the majority of C&D waste in their jurisdiction. For some jurisdictions, most of their building permits are for small construction projects, so they would set a low threshold to cover those types of projects.

Other jurisdictions find that it is really only the largest projects that generate the majority of C&D waste in their jurisdiction, so they choose to set a higher threshold.

Part of your decision on what threshold to set will also depend on your staffing resources, and how many projects they can handle (for example, reviewing waste management plants, determining ordinance compliance, handling deposits, etc.).

Prior to setting a threshold, it is recommended you identify which type of construction and demolition projects generate the most C&D debris in your area. Some jurisdictions, like the City of San Jose, have identified their most commonly disposed C&D material types and the largest or most frequent generator of C&D materials by conducting surveys at local solid waste facilities.

It is also recommended that you consider setting a different threshold for a construction or renovation project than for a demolition project, because demolition projects often generate more C&D waste than construction or renovation projects of the same size or cost. You could therefore potentially exclude some demolition projects from your C&D diversion program if you set too high of a threshold based only on project cost if you have not differentiated thresholds for construction versus demolition projects.

Specific project types to consider when identifying a threshold include:
• Residential
• Non-residential
• New construction
• Renovation
• Demolition
• Land Clearing (for example, grading)
Thresholds can be established based on:
47 • Project size (for example, in square feet or dollar amount, or both). • Project type (for example, large public buildings, multifamily construction, commercial buildings, home construction, or remodels).
• Construction projects only, demolition projects only, or both.

You many also want to include a list of specific types of projects that would be exempt from the ordinance. Some common exemptions are listed below:
• Emergency situations to protect the public health and safety (for example, debris removal after disasters such as floods, fires, earthquakes, etc.). • Seismic tie-down projects.
• Pools and spas.
• Non-structural.
• Work for which a building or demolition permit is not required. • New construction projects below a certain dollar amount or below a certain number of units.
• New nonresidential construction projects below a certain dollar or square footage amount.
• Residential or nonresidential remodeling or renovation projects below a certain dollar or square footage amount.
• Roofing projects that do not include removal of an existing roof. • Work for which only a plumbing, only an electrical, or only a mechanical permit is required.
• Projects where no foundation or other structural building modifications are required.

Progressive Threshold
If you are not sure if your existing recycling infrastructure could handle a sudden large increase in C&D debris that could result from implementing a C&D diversion ordinance, you may want to consider establishing a progressive threshold that would allow you to:
• Target certain projects first and allow markets to develop for the recovered material.
48 • Then expand the ordinance to include more projects as markets for recovered C&D debris grow.

For example, a jurisdiction may choose to:
• First target only large commercial projects, allow the C&D markets to develop for the material types generated, and then expand to include large residential projects.
• Gradually decrease the square footage threshold of projects to which the ordinance applies. For example:
o Year One—40,000 square feet.
o Year Two—20,000 square feet.
o Year Three—10,000 square feet.
o Year Four—5,000 square feet.
49 Know Your Waste Stream
An important first step in the development phase of a construction and demolition (C&D) diversion ordinance is identifying the types and quantities of projects in your area that generate C&D material, and how that material is currently being managed.

Asking these questions in the beginning of the ordinance process will allow you to focus your ordinance on those types of projects that generate the most C&D material, and that are typically landfilled, instead of being diverted. Targeting these projects should help you to achieve a higher level of C&D diversion. The following questions are a good starting point in discovering this valuable planning information.

Demolition or Construction?
Is most of the waste generated from demolition projects, or is it also being generated from construction projects? Is the waste generated from these projects typically diverted, or being disposed in a landfill?
Note: there is usually more C&D debris and inert debris generated from demolition projects than construction projects of similar square footage or cost, although it is often easier to divert demolition debris if it consists mostly of asphalt/concrete.

Project Types
What types of C& D projects (and what percentage of each) are occurring in your area:
1) large commercial/industrial buildings, 2) new home construction (including multifamily complexes), or 3) small-scale remodels? Renovation projects may generate less waste than a demolition project, but more than new construction? Knowing what types of C&D projects are predominant in your jurisdiction will also help you determine which projects you would want to target in your ordinance and enable you to determine the adequacy of your existing infrastructure for handling the C&D debris generated from those projects.

Most Permitted Projects
What kinds of projects (e.g., based on square footage, dollar value, or types of waste material generated) are most frequently permitted in your jurisdiction? Small Project Diversion
50 In some jurisdictions, most of the C&D waste is related to small residential projects. If that is the case, while each individual project may be small, the cumulative impact on the jurisdiction’s total annual disposal rate may be significant if efforts are not made to encourage or require diversion of this material. For other jurisdictions, small projects like home remodels produce less significant tonnage when compared to larger building construction and demolition projects, but they are still included in the jurisdiction’s overall C&D diversion program.

Other jurisdictions have opted not to target small generators in their C&D diversion ordinances, but have instead encouraged them to divert their C&D waste material by:
• Providing them with a list of C&D recyclers in the area. • Providing educational materials on C&D diversion.
• Requesting they divert at least 50 percent of their C&D materials. • Oﬀering free pickup of these materials.

The cities of San Jose and Alameda both have C&D diversion ordinances that are good examples of how a jurisdiction could address C&D waste from small generators. These cities’ C&D diversion ordinances are available on CalRecycle’s C&D Ordinances Web page.
51 Waste Management Plan
Most construction and demolition (C&D) diversion ordinances include a requirement that a waste management plan (WMP) or waste management form (WMF) be completed and submitted prior to the beginning of a project. A WMP or WMF is essentially a plan that estimates how much C&D debris will be generated by the project and describes how the materials will be managed. This will require a project applicant to estimate how much C&D material will be generated and to consider how, where, and how much they will divert.

Time Period
A jurisdiction can designate a set time period for an applicant to complete and submit the WMP prior to starting a project, as well as a set time period that a WMP official has to approve or disapprove a WMP. Jurisdictions can also look at the option of granting approval of the WMP by default in the event that the compliance official fails to take action on a WMP within that specified time period.

Job Permit Number
If a WMP is required for a permitted project, you may want to consider including the job permit number in the WMP, as well as requiring that any documentation provided to demonstrate diversion compliance include the job permit number to avoid fraudulent use of invoices or receipts from previous projects. You would also want to ask for details on how the waste generated for any given project will be diverted, as well as what specific types of material will be targeted for diversion.

Demolition Projects
For demolition projects, the WMP could also include the applicant’s plans for deconstruction and salvaging activities prior to demolition, since many demolition projects are potential sources of C&D debris that could be recovered by deconstruction and salvaging activities prior to demolition. Sufficient time would have to be allowed in the project’s specifications, however, to allow for diversion activities to take place prior to demolition (for example, time for deconstruction) or prior to construction (or example, time for salvaging after demolition).

The City of Castro Valley includes the following language related to deconstruction in the WMP section of its C&D diversion ordinance:
52 “Deconstruction: In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage, prior to recycling or land-filling. This can also include the sale or donation of these items.”
Also, any recovered or salvaged C&D debris from a demolition, remodel, renovation, or new construction project could also be included in the calculation for meeting the ordinance’s diversion requirement.

Types of Information in a WMP
Types of information listed in a WMP could include:
• Project name and address.
• Job permit number.
• Date(s).
• Building type.
• Project cost.
• Size (square feet).
• Applicant’s name and contact information including address. • Type of permit or project (construction, demolition, renovation, deconstruction, land clearing and grading).
• Calculation of deposit [for size or cost, etc.].
• List of materials and estimate of amounts to be generated for each material type.*
• Estimate of amount diverted (can separate into reuse & recycling categories) vs. amount to be landfilled.*
• Recycling facilities receiving materials.
• Disposal facilities.
• Hauling company.
• Signed statement of intent to divert.
• Application signature.
*Not all jurisdictions may have the resources to evaluate the accuracy of an estimated amount of materials to be generated by each project and/or for each material type for 53 each project. It may also be difficult and time consuming for permit applicants to be able to estimate these amounts with any accuracy if the jurisdiction does not have standard conversion factors. An alternative to requiring estimates is to require that the applicant identify in the WMP which materials they will target, and where they will take their material.

Certification Program
Another alternative to requiring diversion estimates and confirmation that those estimates have been attained is to have a certification program for the C&D recycling facilities in the surrounding area. This will simplify the process of determining compliance, as it allows a project applicant to simply provide documentation that they used a particular diversion facility that has been certified to divert a particular percentage of incoming material. That eliminates the need for the applicant to obtain and submit weight tickets from the diversion facilities they used to show compliance with the ordinance. The City of San Jose has a good example program.

Final Report
In addition to a WMP or WMF, a final report is often required prior to the return of the applicant’s deposit. Final reports may also be required for the receipt of a final inspection and Certificate of Occupancy. A final report is very similar to the WMP or WMF, except that it reflects actual tonnage amounts in place of estimates, and provides backup documentation to support the amounts of claimed diversion tonnage.

The final report may include the following as supporting documentation:
• Job permit number.
• Weight tags.
• Gate receipts.
• Invoices at all points of materials movement (i.e. generation, recycling, reuse and disposal).
• Invoices directly from the recycling facility or service provider. • Documentation from Certified Recycling facility (i.e., a jurisdiction-approved facility).

Oakland City WMP Example

Encroachment Permit Conditions Page | 1 Updated: 2025-05-18 Department of Public Works

WASTE DISPOSAL CONDITIONS FOR PERMIT NO. ____________

Conditions Governing Permit Issued, Subject to the Provisions of the Buena Park Municipal Code

The City of Buena Park has an Agreement for the Collection and Disposal of Refuse, Rubbish, Garbage and Waste Materials, herein after referred to as the “Franchise Agreement.” This agreement is with the EDCO company (https://buena-park.edcodisposal.com/
). Per the terms of this agreement, EDCO has
a sole franchise agreement for waste disposal for all waste services within the City of Buena Park. This excludes all other contractors, persons, corporations, or entities from picking up trash and garbage from commercial, industrial, residences, and apartment homes. There are only two exceptions to this agreement, as follows:

1. Any hazardous materials that EDCO does not dispose of, such as (but not limited to) paints, e- waste, asbestos, etc.

2. Any construction project in which the prime contractor has their own waste disposal bins AND their own vehicles to haul and/or remove their waste disposal bins. A contractor who has their own bins but does not have their own vehicles to haul/remove said bins must use EDCO services for waste disposal.

Any contractor found to be using waste disposal services that are not through EDCO, and not in compliance with the two exceptions noted above, is subject to having their waste bins impounded and a stop-work notice being issued for their project.

In the event that the prime contractor meets either of the two exceptions above, said contractor must meet the following Construction and Demolition Waste Recycling Requirements.

CONSTRUCTION AND DEMOLITION WASTE RECYCLING REQUIREMENTS:

Per the 2022 California Green Building Standards Code, Title 24, Part 11 (CALGreen) Section 5. 408, which was adopted into the City’s Municipal Code in 2022 ( §15.70.010), 65% of the nonhazardous construction and demolition (C&D) waste materials and organics must be recycled, salvaged, or diverted from the landfill. To meet compliance, construction companies, contractors, and developers must prove the amount that was diverted from their projects by keeping a record of delivery receipts and weight tickets.

To house and organize this required information, the City utilizes the online reporting system developed by Green Halo at WasteTracking.com/city/BuenaPark . Through
WasteTracking.com/city/BuenaPark, construction companies, contractors, and developers are able to upload their hauled and self -hauled weight tickets. For CALGreen compliance, the City will refer to WasteTracking.com/city/BuenaPark and review the provided reports regarding the diversion rate of construction sites prior to issuing final approval.

What is Construction and Demolition (C&D) Debris?

Common C&D materials are non-hazardous waste that include lumber, drywall, metals, masonry (brick, concrete, etc.), carpet, plastic, pipe, rocks, dirt, paper, cardboard, or green waste related to land development.

Encroachment Permit Conditions Page | 2 Updated: 2025-05-18

What Projects Need to Use Green Halo?

• Demolition: All projects
• Residential: All new buildings and residential additions or alterations that increase the building’s conditioned area, volume, or size, and roofing permits • Non-Residential: All projects
• Capital Improvement Projects: all projects that generate C&D Debris • Encroachment Permits: all projects that generate C&D Debris

How to Comply:

1. Obtain City approval (e.g., building permit, demolition permit, or encroachment permit) for work being performed and pay the non-refundable permit application fee.

2. Complete and submit a Construction Waste Management Plan online at Buena Park’s Green Halo site: http://www.WasteTracking.com/city/BuenaPark. a. A step-by-step instruction manual is included for reference. b. Identify which authorized recycling / transfer facility you will be using and what materials will be generated.
i. Options for Recycling and Disposal:

1. Preferred Method: order a “Construction 10 or 40-Yard Bin” though the City’s exclusive hauler: EDCO Park Disposal

2. Self-haul with the following requirements:
a. Must own the vehicle used to haul materials
b. Must NOT hire a company to drop off a dumpster
c. Must use City approved recycling facilities

3. Pay the refundable waste and recycling deposit.
a. The recycling deposit will be 3% of the project valuation. The minimum deposit is $200.00, and the maximum amount is $10,000.
b. Save your deposit receipts, which are required for obtaining your refund.

4. Submit the completed Construction Waste Management Application online (Green Halo) when plans have been approved, and the permit is being issued.

5. Keep a copy of the approved Construction Waste Management Plan on the job site for the duration of the project.

6. Every time waste is hauled to an authorized location, you will receive a weight ticket. Save all weight tickets for the duration of the project.

7. Prior to calling in Building final or project closeout, upload all weight tickets on the online system (Green Halo) to generate a waste tracking report for City staff’s review. Upon approval, applicant can proceed to Building final and/or project closeout.

8. The waste and recycling deposit refund will be issued once all recycled materials demonstrate compliance and includes the following information:
a. Information about the facility
b. Tonnage amounts (weight tickets)
c. Appropriate coding to indicate the material was recycled or disposed of. It is incumbent upon the Contractor/Owner to ask scale house attendant at Mixed Waste C&D facilities for processing waste as Construction & Demolition, NOT green waste or MSW/Trash and review tickets.

Encroachment Permit Conditions Page | 3 Updated: 2025-05-18

9. It will take approximately 6-8 weeks from the date all required documents were submitted and deemed as “complete” to receive the security deposit refund. Failure to submit required documents and/or not meeting required diversion rate (65%) will result in security deposit forfeiture.

ACKNOWLEDGEMENT

I (We) the undersigned hereby acknowledge that I (We) have received these Conditions to the encroachment permit issued by the City of Buena Park and that all permit conditions specified herein will be adhered to by the Contractor/Developer on this project.

Applicant Name (print) Date Contractor Name (print) Date

Applicant Signature Contractor Signature

Create Your Debris Recovery Plan

SUBMITTING A CONSTRUCTION WASTE MANAGEMENT PLAN USING GREEN HALO http://www.WasteTracking.com/city/BuenaPark
Follow the instructions in this manual to create a Construction Waste Management Plan using Green Halo for the City of Buena Park.

There is no fee to use the Green Halo system for any projects within the City.

A waste and recycling deposit will be refunded after waste tickets are uploaded into Green Halo and
all requirements are met.

Please contact the Building Division at 714-XXX-XXXX or Public Works at 714-562-3670 for any questions regarding Buena Park’s Waste Management Plan –Green Halo. 1CITY OF BUENA PARK - GREEN HALO

INSTRUCTION MANUAL

STEP-BY-STEP GUIDE
After receiving City approval (for Building Permits, CIP’s, or Encroachment Permits), you can create a Waste Management Plan using Green Halo:

DRAFT
Select the FREE plan;
your plan is free if your project is in Buena Park.

Click NEXT STEP.
2CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
Enter the following information:

Project Name, Project Address, Project Zip Code
Click on New Account if this is your first time using Green Halo.

Click on Existing Account if you’ve used Green Halo before.

DRAFT
Enter your account and user profile information.

Click NEXT STEP.
3CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Confirm the accuracy of your information.

Click CONFIRM.
4CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
You will next land on this page.

Confirm your account by verifying it in your email from Green Halo Systems. 5CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
You can now start using Green Halo to enter your project. 6CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Add a Project.
7CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Enter your project’s info and click ADD PROJECT. NOTE: if your project involves multiple locations (common for CIP’s), use 6650 Beach Blvd as your project street address 8CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Click VERIFY to confirm your project is located in Buena Park. 9CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Enter the required
information, including your
project number into the
“permit” box.
10CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
NOTE: If your project involves
multiple permits from
different departments, use
the permit number from the
department that collected
your C&D waste permit
deposit
DRAFT
Enter the Project Manager’s information. Then, click NEXT STEP. 11CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
If you are the project manager who created the account, your information will already be an option to be selected.

Click SAVE SELECTED PROJECT MANAGER.
12CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Step 2. Create and submit a Construction Waste Management Plan (CWMP).

For most projects, you will check “Mixed C&D”. If you plan to separate materials, click on the materials under the “Source Separated Materials” section and select “Reuse” or “Recycled”.

When finished, click NEXT STEP.
13CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Select your hauling method (roll off service or self-haul).

For Debris Box/Roll-Off Service, only one hauler, Park Disposal (EDCO), can provide this service.
*If you will be Self-Hauling, you will need to meet the following criteria: 1) must own your own vehicle, 2) must not use another company to drop off a dumpster, 3) must take materials to a City-approved recycler.
14CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
For Debris Box/Roll-Off Service, only one hauler, Park Disposal (EDCO), can provide this service.

If using Debris Box/Roll-Off Services, click the box for Park Disposal. 15CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
For self-haul, only City authorized facilities can be used. Select from the list provided. Each type of material must be accounted for by choosing a facility. You can choose multiple locations for various types of materials.
16CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
After reviewing the terms and conditions, check the box.

Then type in your name and select your title.

Once finished, click SUBMIT PROJECT FOR APPROVAL. This does not mean that your project is approved and completed; this means that the project has been sent to the Building or Public Works Department for their approval. After staff verifies your project, you will receive an alert and can start uploading weight tickets.
17CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
To upload a waste ticket / receipt, continue to the home page and click on ACTIVE AND APPROVED WASTE MANAGEMENT PLANS.
18CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
After your Green Halo account is created and your project is “approved” on Green Halo, you can add your weight tickets. You can upload your tickets as you receive them or wait until you have all tickets and submit them at one time.

DRAFT
Your approved plan will be moved to the Approved section.

After your job is completed, upload weight tickets for final review by clicking ADD TICKETS. 19CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Fill in all the required information.

Upload the ticket image.

Then click SUBMIT TICKET.
20CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT
Tickets must have the following:

1. Facility Information Listed

2. Tonnage

3. Origin – B uena Park

4. Construction & Demolition (C&D, CDP)
Example of a weight ticket to be uploaded onto Green Halo 21CITY OF BUENA PARK - GREEN HALO

INSTRUCTIONS
DRAFT

CITY OF BUENA PARK - GREEN HALO
INSTRUCTIONS 22
Example of
unapproved final
project because
recovery rate of
65% was not
met.

After all tickets have been entered and is approved, click on SUBMIT FOR FINAL. City staff will review your tickets and when approved, you will receive an email confirmation from Green Halo.

Example of
approved final
project because
recovery rate of
65% was met.

DRAFT
City of Buena Park
City Council Regular Meeting Agenda Report
B. PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE

ORANGETHORPE AVENUE COMPLETE STREETS PLANNING STUDY
Meeting
Tuesday, May 27, 2025, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B.

Prepared By
Jaden Miller, Associate Engineer
Department Head Approval
Mina Mikhael, Director of Public Works/City Engineer
Presented By
Jaden Miller, Associate Engineer

RECOMMENDED ACTION
1) Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $349,928.77 for the Orangethorpe Avenue Complete Streets Planning Study; 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 transfer in the amount of $350,000 from the undesignated Gas Tax Fund balance for this purpose.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
In 2024, City staff applied for, and was awarded, a Surface Transportation Block Grant (STBG) for the Orangethorpe Avenue Complete Streets Planning Study. The Project aims to develop a comprehensive plan for serving multi- modal travel needs in alignment with recent and future housing developments along the 2.3-mile portion of Orangethorpe Avenue from Valley View Street to Kass Drive. Orangethorpe Avenue is a prominent corridor within the City that provides access to a variety of land uses including residential, commercial, educational, oﬃce, and institutional uses. The Project will include robust engagement activities to gain input from community stakeholders, including disadvantaged groups, to envision an Orangethorpe Avenue that better serves multi-modal travel needs. This collaboration will inform customized community solutions to address corridor challenges for access, safety, and reliability of bicycle, pedestrian, and transit modes while still addressing current automobile and goods movement demands.

Identiﬁed focus areas would aim to include, but are not limited to:

Development of new bikeways;

Implementation of traﬃc calming measures and new traﬃc controls; Upgrades to enhanced pedestrian facilities and transit stops; Improved access to destinations such as schools, major retail centers, and employment hubs; and Enhanced connectivity to existing and future housing developments.

The Project will be funded through federal STBG funds administered by the California Department of Transportation (Caltrans). The grant will contribute $308,000, supplemented by a required local match of $42,000 from the City.

On April 17, 2025, staff issued a Request for Proposals (RFP) to retain a consultant to provide professional services for the project. Four (4) proposals were received on May 8, 2025, and were thoroughly evaluated by staff.

Following the evaluation, staff determined that Kimley-Horn and Associates, Inc. ("Kimley-Horn") is the most qualiﬁed ﬁrm to suit the City’s needs based on their understanding of the scope of work, project approach, project schedule, and relevant experience. Kimley-Horn has previously worked with the City on several projects, including the Buena Park Complete Streets Master Plan, which was adopted in 2017. Kimberly-Horn is currently assisting with the development of our Safe Routes to School (SRTS) Plan.

Staff recommends entering into an agreement with Kimley-Horn for professional services, including engineering design, transportation planning, administrative tasks, and engagement activities. The planning phase is scheduled to commence in June 2025 and is anticipated to be completed by April 2027.

The City Attorney has reviewed the proposed draft agreement.

BUDGET IMPACT
This agreement is in the amount of $349,928.77. The project is not included in the Capital Improvements Program (CIP) budget due to uncertainty surrounding the availability of federal funds under new government directives.

To proceed, staff recommends a budget transfer to the Project Account in the amount of $350,000 from the undesignated Gas Tax Fund balance for this purpose. As the project is funded through the Surface Transportation Block Grant (STBG) program, the City will be required to front-load the full project cost and seek reimbursement for a substantial amount of $308,000 upon completion of eligible work. The City’s ﬁnal share of the project cost will be $41,928.77.

Attachments
Att. 2 of 2 - PSA - Orangethorpe Study.pdf
Att. 1 of 2 - RFP - Orangethorpe Study.pdf

PAGE 1 OF 37

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

DATE: May 28, 2025

SERVICES: Professional Services

PROJECT: Orangethorpe Avenue Complete Streets Planning Study

PARTIES TO THE AGREEMENT:

“CITY”: City of Buena Park, a California Municipal Corporation

City Representative: Name: Mina Mikhael
Title: Director of Public Works/
City Engineer
Tel.: (714) 562-3672
Email: [email protected]

“CONSULTANT”: Kimley-Horn and Associates, Inc., a California Corporation

Consultant
Representative:

Name: Sowmya Chandrasekhar
Title: Project Manager
Tel.: (213) 354-9400
Email: sowmya.chandrasekhar@k
imley-horn.com
SUMMARY OF TERMS:

Start Date: May 28, 2025

End Date: June 30, 2027

Contract Value: $349,928.77

Services a “Public Work”: NO [ ] YES [ X ] (add “PW Exhibit”)

Community Workforce Agreement: NO [ X ] YES [ ] (add “CWA Exhibit”)

Insurance Approved By Risk Management: NO [ ] YES [ ]

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)

PAGE 2 OF 37

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

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“ Agreement”) is dated as o f May 28, 2025, between the City of Buena Park, a California charter city (“ CITY”), and Kimley-Horn and Associates, 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 May 28, 2025 and shall remain in full force and effect until CONSULTANT’s full and complete performance of the Services within the time specified in the Schedule of Performance, all to CITY’s reasonable satisfaction, 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 $349,928.77 (“Compensation”). Subject to the total maximum Compensation, CONSULTANT will be paid for hours worked at the hourly rates specified in Exhibit A. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY of itemized invoices in duplicate. 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.

PAGE 3 OF 37

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 thirty (30) calendar days after receipt . CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the Agreement, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of CITY as to the designation of tasks to be performed and the results to be accomplished.

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. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby

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indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

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 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.

9.1 CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

9.2 Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonabl y necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

9.3 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 result ing from its operations. CONSULTANT shall immediately report to CITY any hazardous condition noted by CONSULTANT.

9.4 Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

10. INDEMNIFICATION AND HOLD HARMLESS.

10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys ’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of t his Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City

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Indemnitees. CONSULTANT acknowledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.

10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent 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, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness , or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of the Services, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of CITY.

10.3 Indemnification for Services. Other than in the performance of design professional services by a 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, including CONSULTANT’s active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by the agreement of the Par ties.

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 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’ comp ensation 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.

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CONSULTANT any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement or indemnification arising under this Section 10.

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

11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:

.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial 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:

.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

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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 ret entions 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:

.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.
.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 appli cable 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.

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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 th e term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. CITY may require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONSULTANT shall provide complete copies of policies to CITY upon request.

11.9 Other Insurance Provisions.

.1 All insurance coverage and limits 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.

.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 subcont ractor, 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.

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12. WORK PRODUCT.

12.1 Deliverables. CONSULTANT shall submit progress reports at least once a month.

The report should be sufficiently detailed for the City Representative to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. The Consultant Representative shall meet with the City Representative, as needed, to discuss progress on the Agreement.

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.

.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, i deas 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 Ag reement.

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 cont inue 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 li sts, 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

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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/AUDITS. For the purpose of determining compliance with Gov. Code section 8546.7, the CONSULTANT and Subconsultants shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all r easonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CIT Y, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and docum ents of the CONSULTANT and Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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 “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 op eration 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.

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.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 b y CONSULTANT. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.

17. COST PRICIPLES AND ADMINISTRATIVE REQUIREMENTS

17.1 The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

17.2 The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

17.3 Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to CITY.

17.4 When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply

18. AUDIT REVIEW PROCEDURES

18.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by CITY’s Finance Director.

18.2 Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing.

18.3 Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this Agreement.

18.4 CONSULTANT and subconsultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by the City Representative to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or rev iew recommendations, or to ensure that the federal, CITY or local governments have access to CPA

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work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

18.5 CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the City Representative to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTA NT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

.1 During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) complia nt ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:

a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph 18.5.1 above, IOAI may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accep ted ICR that was established upon initial rejection of the ICR and set forth in paragraph 18.5.1 above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and,

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(3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

19. SUBCONTRACTING

19.1 Nothing contained in this Agreement or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obl igation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

19.2 The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Representative, except that which is expressly identif ied in the CONSULTANT’s approved Cost Proposal.

19.3 Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.

19.4 CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

19.5 Any substitution of Subconsultants must be approved in writing by the City Representative in advance of assigning work to a substitute Subconsultant.

19.6 Prompt Progress Payment. CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subco nsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

19.7 Prompt Payment of Withheld Funds to Subconsultants. The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these p rovisions shall

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subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

19.8 Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

20. CONFLICTS OF INTEREST.

20.1 During the term of this Agreement, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing CITY construction project which will follow.

20.2 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.

20.3 CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

20.4 The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.

20.5 The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

21. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. The CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such re bate, kickback or other unlawful consideration.

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22. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.

22.1 The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
.1 No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United State s Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

22.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

22.3 The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

23. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

23.1 The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

23.2 During the performance of this Agreement, CONSULTANT and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of 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, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of 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. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

23.3 CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5,

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and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

23.4 CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

23.5 CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

23.6 CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

23.7 The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.).

Title VI provides that the recipients of federal assistance will implement and m aintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

23.8 The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT s hall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

23.9 CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

24. DEBARMENT AND SUSPENSION CERTIFICATION

24.1 The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

.1 Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

.2 Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

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.3 Does not have a proposed debarment pending; and

.4 Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

24.2 Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

24.3 Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

25. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.

CONSULTANT or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract as described further in Exhibit “__” (49 CFR 26).

26. FUNDING REQUIREMENTS.

26.1 It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

26.2 This Agreement is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this Agreement in any manner.

26.3 It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

26.4 CITY has the option to terminate the Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

27. 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.

28. DISPUTES. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty -five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other

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28.1 Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City Representative and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

28.2 Not later than thirty (30) calendar days after completion of all work under the Agreement, CONSULTANT may request review by the City Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

28.3 Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

29. INSPECTION OF WORK. CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.

30. NATIONAL LABOR RELATIONS BOARD CERTIFICATION. In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

31. EVALUATION OF CONSULTANT . CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the Agreement record.

32. MISCELLANEOUS TERMS.

32.1 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.

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

32.3 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.

32.4 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.

32.5 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

PAGE 19 OF 37

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 interpret ing 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.

32.6 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.

32.7 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.

32.8 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.

32.9 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.

32.10 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.

32.11 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.

32.12 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.

32.13 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.

32.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement and listed below , constitutes the final, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect

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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. Exhibits attached to this Agreement are the following

Exhibit A – Scope of Services, Schedule, & Compensation Exhibit B – Public Works Exhibit
Exhibit C – DBE Participation
Exhibit D – Title VI Assurances
Exhibit E – Levine Act Disclosure

32.15 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.

[signatures of parties on follow page]

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CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*

Kimley-Horn and Associates, Inc.

Name of Business

Signature

Name: Name:

Title: Title:

Signature

Name:

Title:

ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

PAGE 22 OF 37

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 Orangethorpe Avenue Complete Streets Planning Study (the “PROPOSAL”), attached as “Exhibit A-1”.

CONSULTANT shall provide the Services within the times and deadlines set forth in the Project Schedule that is included on Page 20 of the PROPOSAL.

Consultant shall be paid by labor hours and in a total not to exceed amount of $349,928.77, as described in Fee Schedule and DBE Commitment Exhibit 10-O2 form, attached as “Exhibit A-2”.

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EXHIBIT A-1

[Consultant’s Proposal dated May 8, 2025, behind this page]

ORANGETHORPE AVENUE
Federal Project No.

STPLNI-5310(046)
City of
Buena Park
Prepared for:

Proposal for the
Complete Streets
Planning Study
Prepared by:

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 i
Table of Contents
A. Cover Letter .......................................................................................................................................1 B.

Executive Summary

............................................................................................................................3 C. Scope of Work

....................................................................................................................................4 D. Consultant’s Representative

.............................................................................................................14 E. Project Team

.....................................................................................................................................14 F. References

........................................................................................................................................16 G. Subconsultants .................................................................................................................................19 H. Project Schedule

..............................................................................................................................20 I. DBE Commitment

............................................................................................................................ A-1 J. Fee Schedule (SEPARATE)

............................................................................................................... A-7 Appendix - Addendum Acknowledgement
........................................................................................... A-7 Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
? 1100 W Town & Country Road
Suite 700
Orange, CA 92868
TEL 714.939.1030
City of Buena Park – Public Works Department  TRCALAD007649.2025 1 A. COVER LETTER
May 8, 2025
Jaden Miller, PE, Associate Engineer
City of Buena Park – Public Works
6650 Beach Boulevard,
Buena Park, CA 90621
RE: Proposal for the Orangethorpe Avenue Complete Streets Planning Study Dear Mr. Miller and Members of the Selection Committee:

The City of Buena Park (City) is looking to better align multimodal transportation needs with upcoming site development through the development of a comprehensive complete streets plan spanning a 2.3-mile portion of Orangethorpe Avenue. To deliver this plan, the City needs a trusted, collaborative consultant partner who brings the right blend of active transportation and safety experience paired with innovative solutions to address existing challenges related to access, safety, and reliability. Kimley-Horn is that partner. Proposed project manager Sowmya Chandrasekhar, PE, TE, PTOE and the Kimley-Horn team are committed to carrying forward the goals of the approved Surface Transportation Block Grant (STBG), working side by side with the City to successfully deliver this important, transformative project.

A Unique and Empassioned Understanding of the City’s Goals and Needs.

Having previously served for three years as the City’s on-call traffic engineer, Sowmya truly cares for and is invested in the success of Buena Park. This personal connection has only been strengthened by her continued work on City projects at Kimley-Horn, including her ongoing management of the City’s Safe Routes to School Plan. Paired with her passion for active transportation and safety improvements, Sowmya’s intimate knowledge of the City makes her uniquely suited to once again partner with you as project manager on the Orangethorpe Avenue Complete Streets Planning Study.

A Collaborative and Inclusive Public Engagement Program.

Our aim is to provide the public with timely and transparent information while also prioritizing their voices and input for this project. Kimley-Horn’s ultimate objective for public engagement is to effectively reach all segments of the City’s diverse community so that every member is aware of the various ways they can participate. We are committed to connecting with individuals through their preferred method, be it in-person, online, virtual, one-on-one, or in English, Spanish, or Korean.

Implementation-Focused Approach Paired with Grant Funding Success.

We want to develop a comprehensive study that is practical, implementation-focused, and well positioned for grant funding to help deliver the City’s vision. Sowmya and the Kimley-Horn team’s active transportation experts have planning, design, and construction experience, offering the City a core team who can see everything through the lens of implementation. In addition, Kimley-Horn has diverse experience completing regional, state, and federal grant applications and securing grant funding for clients throughout California. In fact, our grant writing experience has helped our clients in California secure more than $1 billion over the past 10 years through various funding programs.

Orangethorpe Avenue Complete Streets Planning Study
Proposal for the
City of Buena Park – Public Works Department  TRCALAD007649.2025 2 Thank you for your consideration of our proposal. Should you have any questions about our proposal or require any additional information, please contact project manager/primary representative Sowmya Chandrasekhar, PE, TE, PTOE or principal-in- charge/alternate representative Sri Chakravarthy, PE, TE using their respective contact information provided below.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Sowmya Chandrasekhar, PE, TE, PTOE Sri Chakravarthy, PE, TE* Project Manager Principal-in-Charge
Required Statements:

Sri Chakravarthy, PE, TE is authorized to
negotiate on behalf of Kimley-Horn.

Kimley-Horn is a California C Corporation, founded
February 10, 1967 in North Carolina.

Kimley-Horn acknowledges receipt of Addendum No. 1,
dated April 28, 2025. A signed copy of this addendum
has been included as an Appendix.

Sowmya Chandrasekhar, PE, TE, PTOE
Project Manager/Primary Representative
[email protected]
213.354.9400
Sri Chakravarthy, PE, TE
Principal-in-Charge/Alternate Representative
213.261.4037
[email protected]
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 3 B. EXECUTIVE SUMMARY
Project Understanding
Orangethorpe Avenue is a prominent corridor within the City of Buena Park, providing the community with access to various land uses including residential, commercial, industrial, educational, and institutional areas, as shown in Exhibit 1. The City envisions a “Complete Streets” corridor that better serves the multimodal transportation needs of the community—particularly the disadvantaged—by supporting growth, new housing opportunities, and redevelopment. It aims to be reliable, comfortable, and accessible for all users, including pedestrians, bicyclists, and transit users. This project extends along a 2.3-mile stretch of Orangethorpe Avenue between Valley View Street and Kass Drive.

Exhibit 1: Study Corridor Land Uses
Through our previous work on the City’s Complete Streets Master Plan (2017) and ongoing work on the City’s Safe Routes to School (SRTS) Plan, we understand that the City is committed to establishing a sustainable, multimodal transportation network throughout its jurisdiction. The City also recently adopted their Active Transportation Plan (ATP , 2024) and is currently working on the Dale-Whitaker Complete Streets project—a pivotal project in reducing vehicular speeds along Dale Street and Whitaker Street and enhancing the bicycle network in the City by narrowing travel lanes, proposing curb bulb-outs, and implementing Class II bike lanes. The Complete Streets Master Plan focused primarily on the incorporation of Complete Streets concepts and design where feasible and appropriate throughout the City. The ATP provides a roadmap outlining how the bicycle and pedestrian networks throughout the City can be improved to enhance safety, connectivity, and mobility access. The Complete Streets Master Plan and ATP have both identified Orangethorpe Avenue as an ideal candidate to incorporate a future bike path. To build a successful, well-interconnected multimodal transportation network that can also be leveraged in future grant applications, it is important to weave in and integrate elements from these existing plans.

Orangethorpe Avenue is a key arterial within the City, facilitating the movement of people and various goods within and beyond the City. Through collaboration and experience with the City, we are aware that the City is not looking to reduce the number or width of existing travel lanes, especially due to the trucks and heavy vehicles this corridor serves. There is a significant volume of commercial and vehicular traffic along Orangethorpe Avenue and its major cross-streets, with vehicular and truck volumes increasing as we travel west towards Knott Avenue. Traffic pattern assessment is crucial in the planning phase of this project to provide a realistic and holistic concept plan that serves the various aspects and needs of this corridor. The study corridor currently serves Orange County (OC) Bus Local Route 30, which connects Cerritos to Anaheim and has a frequency of approximately 30 minutes. Any potential improvements to the corridor would need to account for bus-bike interactions at bus stops. It is noted that OC Bus Local Route 30 provides a critical connection to Fullerton Park-and-Ride facility and other key crossing corridor routes such as Local Route 29 Bravo Route 529, and Metro 460 along Beach Boulevard. It is understood that Orange County Transportation Authority (OCTA) is considering a possible future upgrade of Route 30 to Bravo Route 530 with higher frequency. The design, especially the lane configuration at intersections, will need to be comprehensively assessed at specific locations along the corridor to ensure the needs of the entire multimodal network are actively being considered and that solutions are identified.

? Source: City General Plan
N.T.S.

Project Corridor
Legend:

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 4 Based on data obtained from UC Berkeley’s Transportation Injury Mapping System (TIMS), a total of 117 collisions occurred along the corridor of Orangethorpe Avenue between Valley View Street and Kass Drive during the 5-year period from January 1, 2018 to December 31, 2022. A total of 12 collisions involved a bicyclist or a pedestrian, and a total of one (1) collision resulted in a fatality.

Most of the pedestrian and bicyclist collisions were observed at major intersections including Knott Avenue, Western Avenue, and Beach Boulevard—as shown in Exhibit 2. This will be an important consideration for the Complete Streets project as these locations are also “pinchpoints” along the corridor, where the travel way is limited at the intersection approaches.

Exhibit 2: Collisions – Years 2018 to 2022
Through the Buena Park SRTS Plan, the Kimley-Horn team has extensive knowledge of the Buena Park schools located along and local to the project corridor. These include Buena Park Middle School (located on the corridor) as well as Mabel L. Pendleton Elementary School and Buena Park High School (located in close proximity to the corridor). In addition, the enrollment boundary for Arthur F. Corey extends north of Orangethorpe Avenue, including the residential area northeast of Holder Street/Orangethorpe Avenue. As part of the Buena Park SRTS Plan, we are working with the City to evaluate the need for pedestrian connectivity at Holder Street across Orangethorpe Avenue.

In addition to planning and designing for complete streets that supports the multimodal network along the project corridor, further assessments are needed for the intersections to improve future connectivity to land uses both north and south of the corridor. Similar to the ongoing Buena Park SRTS plan, we will incorporate an extensive community outreach in this project to better align with the vision of the City and its residents.

We envision the following project goals:
\ Incorporate innov
ative features and design elements proposed through the lens of pedestrians, cyclists, and transit riders while considering the various conditions and needs specific to those who access schools, homes, retail, and more along Orangethorpe Avenue.
\ Identify constraints/potential conflicts of interest and provide inno vative solutions that support the entire
multimodal network of this corridor.
\ Receive critical feedback on project elements thorough planning and extensive public outreach ef forts.
\ Provide cost-effective solutions and an implementable strateg y to receive funding to construct this project.

C. SCOPE OF WORK
Project Approach/Methodology
Kimley-Horn has assembled a diverse team of accomplished roadway, safety, and active transportation design professionals to develop the Orangethorpe Avenue Planning Study and recommended alternatives for which the City can pursue design-phase funding.
?
Source: UC Berkeley’s TIMS
Kimley-Horn’s key approach
to the project will be through
three focus areas:

1. Coordination

2. Planning

3. Implementation
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 5 Coordination
Coordination will be an essential part in delivering this project successfully to meet the needs of the stakeholders and the community. Our project manager, Sowmya Chandrasekhar, PE, TE, PTOE, has a hands-on and proactive approach and will be the City’s lead point of contact for all project elements.

Sowmya will provide continuous dialogue and updates to the City through meetings, phone conversations, email, schedule updates, and a deliverables tracking matrix. Our intent is to keep the City informed of the project status at all times.

Monthly PDT meetings will be held to share status with stakeholders and make design decisions. To maximize the efficiency of these meetings and maintain schedule, we hold focus meetings in between PDT meetings to coordinate and resolve any anticipated issues.

Our internal team is comprised of Kimley-Horn staff
and subconsultants with recent experience working
together on similar projects. We will hold weekly internal all-hands meetings as needed throughout the project. We will also hold internal workshops with key personnel to address each technical discipline and provide innovative, cost-saving solutions.

Planning
We understand the importance of complete and detailed base documents to aid in the Project’s planning phase. Our team will perform a field survey to document the Project corridor’s existing conditions, which can also help identify existing conditions that may impact the Project implementation.

Stakeholder and community outreach is critical to any planning study put forth by the City. For this purpose, Kimley-Horn will develop a layered map to show the street network, signalized and unsignalized intersections, attendance zones, major land uses, collisions, demographics, and other pertinent information to determine the project stakeholders. We will also incorporate the data collected through the community outreach process. The objective is to understand and analyze the interaction of these different elements on school travel, work commutes, retail trips, and community trips along the corridor. In addition to the feedback through meetings, we will use Kimley-Horn’s interactive mapping software, PublicCoordinate, which provides a sophisticated online interactive process to solicit feedback from the public. This tool offers enhanced capabilities such as comment input, multiple languages, toggling between multiple base maps, Americans with Disabilities Act (ADA) web accessibility, custom branding, survey integration, and so much more. Its online platform is user-friendly, making it easy for the public to provide input and visualize what their communities would look like with proposed transit, roadway, development, or infrastructure improvements.

Kimley-Horn is an in-person consultant firm, which
helps improve communication and collaboration with
each other. With local offices in Orange, Long Beach,
and Downtown Los Angeles, we can respond quickly
to any needs that may arise at the City!
Click/Scan here to see
PublicCoordinate
in action on another
complete streets project
PublicCoordinate
Page from Buena
Park's SRTS Project

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 6 Implementation
The Kimley-Horn team’s implementation approach will build on the coordination and planning efforts, using these early-stage efforts to understand the existing conditions, physical constraints, design opportunities, and stakeholder priorities. With the existing conditions assessment and input from key stakeholders and community meetings, we will draw from our extensive active transportation, complete streets, and transit project experience to develop implementable alternatives. We know gaining consensus on the alternatives is key to a successful project and maintaining the project schedule. We will re-seek input from key stakeholders and the community to coordinate their input with the City to move finalize the recommended alternative.

COMPLETE STREETS IMPLEMENTATION CONSTRAINTS
Due to the diverse land uses and corridor characteristics, some conditions must be further assessed and considered:
\ EXISTING RIGHT
-OF-WAY
• All improvements need to be within the existing right-of-way and mostl y limited to the existing travel way.
• Major intersections are anticipated to be
“Pinchpoints” at the approaches.
\ ON-STREET P
ARKING
• There is existing parking for three dif
ferent segments along Orangethorpe Avenue:
» Timed parking f
or
Buena Park Middle School
» Retail parking between
Oslo Circle
and Western Avenue
» Residential parking between
Indiana A
venue and Kass Drive
• Parking demand for existing and future developments must be anal yzed and assessed. Communication and outreach,
especially regarding parking, will be a factor in determining the alternatives. \ HEAVY VEHICLE AND TR

UCK ROUTE
• Existing lane widths cannot be reduced less than 11 feet. • Curb extension options limited to accommodate larger turning vehicles.

COMPLETE STREETS IMPLEMENTATION OPPORTUNITIES
The key to our approach to complete streets design is controlling conflict points and delineation of travel patterns:
\ PROTECTED INTERSECTION TREA
TMENTS
Protected intersection treatments can significantly improve safety for cyclists by reducing conflicts with motor vehicle traffic and providing clear guidance on how to navigate through intersections. These treatments are becoming increasingly popular in urban areas and are seen as a best practice for designing bike-friendly infrastructure. \ DEDICA

TED BICYCLE SIGNAL PHASES
Dedicated signal phases can give cyclists a separate green signal to cross intersections, providing dedicated time to navigate through the intersection without motor vehicle traffic conflicts. \ PHYSIC

AL SEPARATION
Physical barriers (e.g., curbs, medians, bollards, or parking lanes) may be used to separate the bike lanes or “bike boxes” from motor vehicle lanes. This helps prevent vehicle encroachment into the bike lane while also providing a better line of sight at the intersection. \ BICYCLE PAVEMENT MARKINGS APPROACHING INTERSECTIONS, THROUGH INTERSECTIONS, AND CONFLICT ZONES Bicycle pa
vement markings provide a clear boundary to guide bicyclists safely as they approach and travel through intersections and conflict zones (locations where vehicles can cross into the bikeway - e.g., intersection turns, bus pull-in, etc.). When approaching intersections, appropriate treatment for right-turn only lanes will be to place a bike lane pocket (box) between the right-turn lane and the right-most through lane. Alternatively, in cases where there is insufficient roadway space to accommodate a bike lane box, the bike lane may need to be dropped, and shared lines (sharrows) may need to be provided for marking a bikeway through an intersection. These markings raise awareness for both bicyclists and motorists to potential conflict areas, guide bicyclists through an intersection in a straight and direct path, and relieve bicyclist stress by delineating clear travel paths.

We will draw from our
extensive active transportation,
complete streets, and transit
project experience to develop
implementable alternatives.

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 7 Buena Park Buena Park
High SchoolHigh School
Arthur F. Corey Arthur F. Corey
Elementary SchoolElementary School
Dysinger Elementary SchoolDysinger Elementary School
Mabel L. Pendleton Mabel L. Pendleton
Elementary SchoolElementary School
Fullerton Park & RideFullerton Park & Ride
James A. Whitaker James A. Whitaker
Elementary SchoolElementary School
Valley View StValley View St
Hermosa CirHermosa Cir
Aragon CirAragon Cir
Emerson DrEmerson Dr
Sandburg DrSandburg DrWhitman DrWhitman Dr
Knott AveKnott Ave
Oslo CirOslo Cir
Oran CirOran Cir
Western AveWestern Ave
Orangethorpe AveOrangethorpe Ave
Beach BlvdBeach Blvd
Brenner AveBrenner AveStanton AveStanton Ave Oregon StOregon St Indiana AveIndiana Ave
5 Oriole DrOriole Dr
Pelican DrPelican Dr
Holder StHolder St
McNeil LnMcNeil Ln
91 Kass DrKass Dr
William Peak ParkWilliam Peak Park
Brenner ParkBrenner Park
Boisserance ParkBoisserance Park
George George
Bellis ParkBellis Park
City HallCity Hall
The The
SourceSource
IDENTITY AND COMMUNITY:

Establish an overall identity and connectivity between communities along Orangethorpe Avenue with bus stop amenities, pedestrian lighting, landscaping, and bikeways.

1. Assess feasibility for enhanced landscaping and shade trees f or
pedestrian,
while considering existing right-of-way.

2. Incorporate corridor branding/identity into street including City- branded sidewalk and bus shelters.

3. Upgrade bus stop amenities and add real-time arrival information.

TRANSIT OPERATIONS:

Enhance transit amenities and minimize bus-bike conflicts.

1. Evaluate intersection treatments including feasibility of separated bike paths next to bus stops with at-grade or raised bike paths.

2. Evaluate bus boarding islands with consideration to existing traffic volumes, frequency of buses, and City’s preference for retaining existing number of lanes of travel.

MULTIMODAL CONNECTIVITY:

Improve connections to destinations, such as a number of Buena Park schools, religious institutions, City parks, and other key destinations, with enhanced multimodal infrastructure for pedestrians, bicyclists, and bus riders.

1. Enhance bicyclist comfort by providing a Class IV bikeway.

2. Provide multimodal options for the diverse community that Orangethorpe Avenue serves.

USER COMFORT:

Enhance comfort for pedestrians, bicyclists, and transit riders to promote the use of active transportation.

1. Assess enhanced safety improvements.

2. Incorporate and assess the feasibility for a protected bikeway.

3. Consider enhanced pedestrian lighting along corridor.

True Light True Light
Christian ChurchChristian Church
Buena Park Buena Park School DistrictSchool District
Buena Park Buena Park Middle SchoolMiddle School
Thanksgiving ChurchThanksgiving Church
St. Pius V Catholic St. Pius V Catholic
Church & SchoolChurch & School
Buena Park Buena Park
ChurchChurch
2 3
1 2
12 1
45 40
45 Future Class II Bike Path
On-street Parking
Signalized Intersection
b CORRIDOR CHARACTERISTICS
• Six-lane roadway divided by a raised median or a
two-wa
y left-turn lane
• Dual left-turn lanes at each of the 5 major
signalized intersections
• 23 bus stops (each direction)
• 120 feet right-of-way along majority of corridor
• 104 feet of curb to curb roadway width
• 10-12 feet travel lanes
• 4-15 feet sidewalk
• On-street parking
for:
» Buena Park Middle School
» Retail and residential parking between Oslo Circle
and W
estern Avenue (both sides)
» Residential parking between Indiana Avenue
and Kass Drive
LEGEND
T
ruck Route
Project Corridor
Bus Stop
Pinchpoint due to limited
travel way width
On-street parking
Caltrans ROW
1 2
3 Constraints by location:

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 8 Scope of Services
Task 1 – Project Initiation
Task 1.1: Project Kick-Off Meeting
Upon notice to proceed, we will coordinate with the City project manager to schedule an in-person kick-off meeting within two weeks after the commencement of work. The Kimley-Horn project manager will prepare a meeting agenda that includes team member introductions, project visioning and goal setting, project scope, schedule and budget, critical milestones, data needs, and determine appropriate communication preferences. Kimley-Horn will establish a project task and deliverable tracking sheet that will be used to monitor project progress throughout that can be used as a standing agenda and note progress as well.

Meeting agendas shall be prepared and distributed two days prior to the meetings. Meeting minutes shall be prepared within three days after the meeting.

Deliverables:
) Project kick-of
f meeting agenda
) Project kick-of
f meeting notes and list of attendees
) Project action and delivera
ble tracking sheet
Task 1.2: Project Administration and Development Team Meetings Kimley-Horn will establish a recurring monthly meeting for the project management team (PDT) to update on project progress and to get input and direction on upcoming tasks. The Kimley-Horn project manager will maintain the project action list and deliverable tracker ahead of each meeting, and that tracker will serve as the meeting agenda and depository for meeting notes and action items.

Kimley-Horn will develop monthly invoices and progress reports to document project progress and expenditures.

Deliverables:
) Upda
ted deliverable tracking sheet for up to 22 PDT meetings ) Meeting ma
terials, including agendas or any handouts
) Monthl
y Invoices and Progress Reports
Task 1.3: Existing Conditions
Literature Review
The Kimley-Horn team will work with City staff to collect existing plans, policies, programs, and data. Existing plans will likely include, but not be limited to:
\ Buena Park Complete Streets Master Plan
\ City General Plan - Mobility and Implementa
tion Elements
\ Buena Park
Active Transportation Plan (ATP)
\ OC Active
Report
\ Southern Calif
ornia Association of Governments’
(SCAG) Connect SoCal
\ Caltrans District 12’
s Caltrans Active Transportation Plan
\ OC T
ransit Vision Master Plan
Multimodal Data Collection
Our team will gather existing condition information that includes current mode share, description of land use and destinations, existing bicycle and pedestrian counts, bus routes and ridership data, existing wayfinding, existing lane configurations/signal timing, collisions (including near misses), traffic volumes by vehicle classification, posted speed limits, and street lighting. We will work with the City to identify and obtain any existing sources of data for purposes of identifying gaps in data.

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 9 Prior to beginning the data collection, the Kimley-Horn team will work with City staff to identify the count locations and duration.

We propose collecting 4-hour intersection turning movement counts during AM (7 to 9 AM) and PM (4 to 6 PM) peak periods, which will include vehicles, pedestrian and bicyclist counts at the five (5) signalized intersections. In addition, we will collect vehicle classification and pedestrian/bicyclist screen line counts at three (3) locations along the corridor .

Other pertinent information, such as existing land uses, current and projected housing and land use development, population characteristics, and travel projections will be gathered to assess travel demand, parking needs, and safety needs. Relevant school information will also be obtained for Buena Park Middle School, Buena Park High School, Mabel L. Pendleton Elementary School, James A Whitaker Elementary School, Arthur F. Corey Elementary School, and Saint Pius V Catholic School. Information such as enrollment boundaries, yellow school bus routes and ridership, and crossing guard locations have been obtained by Kimley-Horn for the Buena Park SRTS Plan (project) and will be documented as well.

As part of this task, we will also work with the City to identify and define the project’s purpose and need statement. We will summarize our findings in a draft Existing Conditions Report that will be submitted to City for review. Upon receipt of one set of consolidated comments from the City, we will revise and submit the final Existing Conditions Report.

Deliverables:
)
Draft and Final Existing Conditions Report
Task 2 – Stakeholder and Public Engagement
Task 2.1: Outreach and Engagement Plan
The Kimley-Horn team, with input from the City, will prepare a detailed Outreach and Engagement Plan that will include school and community engagement tools and events to be used throughout the development of the Orangethorpe Avenue Complete Streets Planning Study. The plan will reflect the unique needs of the City and will serve as a strategic roadmap and identify engagement objectives, key stakeholders, strategies to solicit feedback from the entire community, including underserved neighborhoods, timeline and responsible parties. The Plan will also include strategies for engaging with stakeholders virtually, where appropriate, considering the diverse group of stakeholders for this project.

The plan will consist of a strategy to fully engage disadvantaged communities, including outreach in English, Spanish, and Korean, and reach out to groups that may not participate in traditional planning events. The project team will strategically identify outreach events to reach the Buena Park community and maximize participants.

Effective engagement will be based on three core principles:

1. Requesting input from
project stakeholders

2. Engaging with and listening
to the community

3. Actively demonstrating how their
input informs this planning study
Deliverables:
) Outreach and Engagement Plan
Task 2.2: Stakeholder Team Engagement
The Kimley-Horn team will work closely with the City to compile a comprehensive list of invitees to join the Orangethorpe Avenue Complete Streets Stakeholder team. The list will include, but is not limited to:
\ Residents
\ Business owners and organizations
\ Community-based organizations
\ HOA
\ City of La Palma
\ City of Fullerton
\ Buena Park Middle School
\ Buena Park High School
\ Mabel L. Pendleton Elementar
y School
\ James A. Whitaker Elementar
y School
\ Arthur F. Core
y Elementary School
\ Saint Pius V Catholic School
\ Buena Park School District
\ Caltrans
\ Regional Planning Agencies
\ Public Safety
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 10 Considering the broad and diverse group of key stakeholders, Kimley-Horn will prepare intentional outreach through a combination of stakeholder meetings, interviews, focus groups, surveys, and social media engagement. Our project team will prepare an interview guide – outlining goals, key questions, and timing – for City approval. We will conduct up to four (4) small group interviews with up to four (4) key stakeholders per group to identify potential issues, challenges, and opportunities.

Deliverables:
) Stakeholder Interview Discussion Guide
) Small Group Stakeholder Interviews (up to 4)
) Stakeholder Interview Notes (up to 4)
) Stakeholder Interviews Memorandum
Task 2.3: Corridor Advisory Team Engagement
Our project team has extensive experience working on projects engaging multiple jurisdictions, such as cities and counties, local transit agencies, and other regional stakeholders. With input from the City, we will form an advisory team that includes representatives from other City departments including the police department, Buena Park Traf fic and Transportation
Commission members, the cities of La Palma and Fullerton, and/or OCTA staff.

Deliverables:
) Corridor Advisory T
eam Recruitment Letter
) Advisory T
eam Spreadsheet Tracker
) Advisory
Team Meetings (up to 4)
) Corridor Advisor
y Team Meeting Summaries (up to 4)

2.4: School and Student Outreach Activities
St. Pius V Catholic School and Buena Park Middle School are located directly along Orangethorpe Avenue, and four other schools are located within 0.5 miles of the corridor. To garner engagement for the project and develop a corridor design that is supported by the community, the team will bring awareness to the project through engagement events and activities. The project team will collaborate with a local school to prepare and lead one (1) workshop for school staff, students, and the community to introduce the project, gather feedback, and promote active transportation and the City’s vision and plans for building a stronger bike network. This workshop will be followed by engagement activities such as creating one’s “ideal Orangethorpe Avenue” using streetmix cards. We will also coordinate one (1) interactive booth at a school event, such as school open house, and schedule one-on-one meetings with school administrators as needed. Additionally, we will conduct one (1) art contest to draw in and engage students who might not have otherwise been aware of this project. Our project team has experience with hosting a virtual art contest for the LA County Transit-Oriented District (TOD) Guidelines project.

Our project team has extensive experience partnering with schools and soliciting community feedback through the City of Buena Park, City of Lancaster, and City of Santa Ana Safe Routes to School Plans. Kimley-Horn has previously obtained contacts and has had active discussions and communications with the schools local to Orangethorpe Avenue as part of the development of the City’s SRTS Plan.

Deliverables:
) Local student engagement activities (up to 3)
) One workshop (including powerpoint presentation,
display boards (2), and activities)
) Interactive booth at a school event
) One hosted art contest
Active Transportation Improvements Project (ATIP)

MONITOR STREET SCHOOL CORRIDOR
CONTACT: Gavin Grimes, P .E. | Civil Engineer III, Advanced Project Delivery, Public Works Department | City of Bakersfield | [email protected]

SHARE YOUR

THOUGHTSTHOUGHTS

PROJECT DESIGN OPTIONS
WHAT WOULD YOU LIKE TO SEE ALONG MONITOR STREET?
¿QUÉ TE GUSTARÍA VER A LO LARGO DE MONITOR STREET?
One-Way Protected Bike Lane
Carril de bicicletas protegido de un solo sentido
Rectangular Rapid Flashing Beacon (RRFB)
Luz intermitente de aviso
Curb Bulb-Outs
Extension de bordillo
Pinchpoint
Puntos de estrechamiento
Bus Bulbs
Bordillo para buses
Raised Intersection (Only applies to locations north of White Lane) Intersecciones elevadas (solo se aplica a ubicaciones al norte de White Lane) Bus Stop Improvements
Mejoras en las paradas de autobús
Midblock Crosswalks
Cruces peatonales a mitad de cuadra
Pedestrian Hybrid Beacon (PHB)
Luz intermitente de aviso de peatones
Two-Way Cycle Track
Carril de bicicletas de doble sentido
Pedestrian Lighting
Iluminación peatonal
Ribbon Sidewalk
Acera de cinta
Put a sticker on what you like
(Pon una pegatina en lo que te gusta)
Click/scan here for a
look at the art contest
conducted for LA
County Public Works!

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 11 Task 2.5: Online Outreach and Community Engagement
The Kimley-Horn team proposes to use our online mapping tool, PublicCoordinate, to collect input from residents. This mapping tool can be embedded on project flyers and readily shared through social media sites to boost public participation. Residents, stakeholders, and community members will be able to use this interactive, user-friendly tool to highlight specific intersections and locations with concerns and draw segments where they would like pedestrian and bicycle facilities added or upgraded.

This mapping tool will identify current barriers and recommendations for suggested improvements around a given school site.

Our team will also create a project flyer that provides project information such as vision and timeline, a link to PublicCoordinate, and a graphic of our next community event. Display boards such as an existing conditions map and a project design options board will be used at community events to introduce the community to the project and solicit feedback. To reach the diverse community, events will be promoted in advance by distributing flyers to schools, as well as directly to residents and businesses along and local to Orangethorpe Avenue. Our team has conducted door-to-door outreach to distribute materials and encourage participation. We have also coordinated attention-grabbing postcard mailings to local businesses, directing them to project input websites and inviting them to public meetings. In order to reach the broader community, we will request the City to promote these events on their social media platforms and will collaborate with schools to distribute flyers to parents and school staff.

The project team will prepare material for and conduct up to two (2) community meetings/open houses and up to four (4) “pop-up” outreach events in collaboration with City-hosted events to maximize engagement among the broader community.

As we enter the recommendations development phase of
this project, we will also present preliminary concepts and image renderings to the public to seek further input. Some relevant City events for pop-up booths include the Buena Park Culture Fest (September 2025) and Saturday Farmers’ Markets.

Following the completion of this task, our project team will outline findings from stakeholder meetings, community outreach events, and our online public engagement platform in a comprehensive public engagement summary. This document will summarize community concerns and determine priorities.

Deliverables:
) Multilingual project flyers
) Project displa
y boards (2) and activity material
) Interactive online enga
gement map and survey
) Community meetings/open houses (up to 2)
) Pop-up events (up to 4)
) Public enga
gement summary

THE CITY OF BUENA PARK IS DEVELOPING ITS FIRST

COMPREHENSIVE SAFE ROUTES TO SCHOOL PLAN,
WE NEED YOUR INPUT!
WHAT IS SAFE ROUTES TO SCHOOL (SRTS)?
SRTS is a nationally recognized planning initiative to encourage safe walking and bicycling to and from schools. Through this SRTS Plan, the City intends to develop implementable recommendations to create more safer and comfortable walking and bicycling options for Buena Park students, their families, and residents near 14 public schools. With your input and feedback, this Plan will allow the City to:

X Improve safety for children commuting to school
X Identify gaps in pedestrian and bicycle infrastructure X Develop infrastructure improvement recommendations local to each Buena Park school

STOP BY OUR BOOTH AT THE
Spring EGGstravaganza
SATURDAY , APRIL 19, 2025
WHERE: BOISSERANC PARK
WHEN: 9:00 AM - 11:00 PM

PROJECT TIMELINE
FOR QUESTIONS, CONTACT: Norm Wray, Project Manager
City of Buena Park | [email protected]

VISIT OUR
WEBPAGE!

SCAN HERE
to learn more about
the Plan and
upcoming events!
bit.ly/BuenaParkSRTS

SCAN QR CODE
for Interactive Map
Log into our multi-
language interactive map!
Show us exactly where the
problems are along your
route to school, and where
you want solutions!
WE
ARE
HERE
NOV
2024
FEB
2025

DATA COLLECTION RECOMMENDATIONS

AND PRIORITIZATION

DRAFT AND FINAL SRTS PLAN

PUBLIC OUTREACH
M AY
2025
AUG
2025
JUN
2025
DEC
2025

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 12 Task 3 – Equity and Displacement Analysis
The area to the north of the entire
project corridor and area to the
south between Valley View Street
and Holder Street fall under Priority
Equity Community Boundaries as
identified by the City. In addition,
the area to north of the entire
project corridor and the area to the
south between Holder Street and
Western Avenue falls under the SB
535 Disadvantaged Communities
(DAC). We will prepare maps within
a buffer of 0.5 miles on either side
of the corridor.

These maps will be presented showing key statistics such as schools with free and reduce price meal program eligibility, population composition by race/ethnicity, median household income, percentage of households with limited English, and health statistics. Kimley-Horn has successfully used such maps to have targeted outreach as well as in securing grant applications for projects tying equity to transit, bicycle, and pedestrian needs. These maps will also be used to analyze and assess the impacts of potential project improvements as well as identifying mitigations to reduce those impacts.

We will pull together the summary of the project impact and benefits in a draft technical memorandum for City review. Upon receipt of one set of consolidated comments from the City, we will revise and submit the final technical memorandum.

Deliverables:
) Sta
te and Federal DAC Definition Maps
) Displacement
Analysis and Mitigations
) Project Impact and Benefits Summar
y – Draft and Final Technical Memorandum

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 13 Task 4 – Recommendations Development
Through the planning phase, our team will develop an opportunities, constraints, benefits, and risks matrix for Orangethorpe Avenue. Once the this matrix is finalized, Kimley-Horn will work with the City to identify and screen implementable strategies along the corridor. After conducting the existing conditions analysis and gathering initial community input, Kimley-Horn will develop a list of recommended solutions, up to two (2) preliminary concept alternatives and image renderings. These concepts may include the following, but will be refined during the planning phase of the project:
\ Crosswalk/intersection improvements such as enhanced pa ving
\ T
ransit improvements such as benches, shelters, real-time updates \ Bicycle improvements,
such as implementation of a protected bike path (where feasible) that physically separates truck and vehicular traffic from bicyclists
\ Street furnishings
These preliminar
y concepts and image renderings will be presented to the public at outreach events (Task 2.5) to seek further input. In collaboration with the City, a design alternative will be selected. For the selected alternative, Kimley-Horn will prepare the following:
\ Overall illustra
tive key map/site plan
\ Conceptual-level detail plans f
or key elements such as intersections and bus details
\ One (1) draft and final concept plan
Deliverables:
) Opportunities,
Constraints, Benefits and Risks Matrix
) Stra
tegies Screening
) Recommended Solutions and Draft (up to 2)
Alternatives
) Recommended Final
Alternative – Draft and Final
Task 5 – Implementation Strategy
Based on the selected final alternative, Kimley-Horn will prepare concept-level cost estimates. In addition, our team will assess available grant funding opportunities for the selected alternative based on how the improvements align with grant goals and requirements. This task includes an assessment of readily available upcoming local, state, and federal grant funding opportunities and their application requirements. The team will create a matrix documenting grants that align with the project goals and objectives, the application requirements and timeline, and the estimated support costs to complete each application.

We will create an Implementation Strategy Technical Memorandum that documents and details the steps necessary to implement the plan, as well as describing the reporting process that will be used to keep the adopting agency and community informed of the progress being made in implementing the plan. The Implementation Strategy will include the determination of a pilot project before full project implementation, the need for additional or future outreach, funding opportunities, required coordination with other agencies (cost sharing, agreements, Memorandums of Understanding), CEQA needs, maintenance considerations, project update method, and a proposed timeline for implementation.

Deliverables:
) Cost estima
tes – Draft and Final
) Grant identifica
tion matrix
) Implementa
tion Strategy Technical Memorandum
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 14 Task 6 – Summary Report
Task 6.1: Draft and Final Summary Report
As part of this task, Kimley-Horn will detail the findings obtained from Task 1 to Task 5 in a draft report for City staff review. The draft report will summarize the outreach and stakeholder feedback received and will detail the design decisions made in proposing the concept alternatives. The final report will be prepared with public consumption in mind and be easily followed by non-technical readers. Based on one set of consolidated comments from the City, Kimley-Horn will revise the draft report and provide a final report.

Deliverables:
) Draft Summar
y Report ) Final Summar
y Report

6.2: City Council Presentation
In collaboration with the City, Kimley-Horn will prepare the agenda report and present at the City Council meeting outlining the study and its conclusions. We will work with City staff to respond to and resolve any critical issues, so that City Council can adopt the final Orangethorpe Avenue Complete Streets Planning Study.

Deliverables:
) City Council
Agenda Report
) City Council Presenta
tion
) Documenta
tion of City Council Approval
D. CONSULTANT’S REPRESENTATIVE
Sowmya Chandrasekhar, PE, TE, PTOE and Sri Chakravarthy, PE, TE will serve as the Kimley-Horn team’s primary and alternate representatives, respectively. These individuals are able to negotiate on behalf of Kimley-Horn. We acknowledge that, hould Sowmya become unable to continue with the project, Sri will become the primary representative upon approval by the City.

E. PROJECT TEAM
The members of our project team were selected using two criteria: (1) their experience with executing tasks on similar contracts with similar and/or local agencies, and (2) their availability to assume major technical responsibilities within project schedules. With this, we are committed to your success in all stages of this project. Our team, responsible for delivering the high-quality of service the City expects, will be led by Sowmya Chandrasekhar, PE, TE, PTOE a results-focused project manager and a practical problem-solver with more than 20 years of transportation engineering and public works experience across Los Angeles County. Sowmya will be the primary contact with the City during the project and will be supported by a core team of key personnel, including principal-in-charge, Sri Chakravarthy, PE, TE and Quality Control/Quality Assurance (QC/QA) Manager, Darryl dePencier, AICP , GISP , RSP 2B, both of
whom have extensive experience working on active transportation and safety projects with agencies throughout Los Angeles County.

Primary
Representative
Sowmya Chandrasekhar, PE, TE, PTOE
Ó sowm
[email protected]
213.354.9400
Alternate
Representative
Sri Chakravarthy, PE, TE
Ó sri.chakra
[email protected]
213.261.4037
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 15 In addition to Sowmya, Sri, and Darryl, our team includes other local engineers, planners, and analysts who have successfully collaborated with each other on a variety of similar complete streets efforts, as shown in the organization chart below. We have also bolstered our in-house Kimley-Horn staff with three key subconsultant partners—AimTD, Avant-Garde, and Katherine Padilla & Associates—has been provided in Section G. Subconsultants.

Organizational Chart
Kimley-Horn Labor Allocation Table
The matrix below shows the total hours of work for each task versus each job classification on the project.

Existing Conditions Analysis
Matt Stewart, PE, TE
Charis Ahn, PE
Vanessa Wong, EIT
Principal-in-Charge
Sri Chakravarthy, PE, TE
QC/QA Manager
Darryl dePencier, AICP , GISP , RSP2B
Project Manager
Sowmya Chandrasekhar, PE, TE, PTOE
Subconsultants:

1. Aim Traffic Data (AimTD)

2. Avant-Garde

3. Katherine Padilla & Associates
Bold = Key Team Members
City of
Buena Park
Multimodal Data Collection
Edward Polunin 1
Javier Correa 1
Literature Review
Angelo Pastelin, PE
Stakeholder and Public Outreach
Tatiana Lundstrom, PE
Katherine Padilla Otañez 3
Jessica Padilla Bowen, APR 3
Fabian Campos
Jack Park
GIS
Pam Turner, GISP
Equity and Displacement Analysis
Molly Tremblay
Summary Report
Ryan Calad, PE, TE
Adam Malietzke, AICP
Implementation Strategy, Estimates, and
Identification of Grant Pursuits
Nicole Dias, PE
Kevin Chang, EIT
Lissette Montoya 2
Keith LeNoue 2
Recommendations and Alternatives
Laura Forinash, PE, TE
Ruben Becerra, PE
Active Transportation Experts
Fluent in Spanish
Fluent in Korean
196.54% Overhead% Name
195.57% Overhead% w/o FCCM
Category/Title
Task 1 52 10 2 20 10 112 20 226

1.1 2 2 2 6

1.2 30 4 30 20 84

1.3 20 6 20 10 80 136
Task 2 54 7 20 60 141

2.1 6 2 4 10 22

2.2 12 1 4 10 27

2.3 12 1 4 10 27

2.4 12 1 4 10 27

2.5 12 2 4 20 38
Task 3 6 4 12 24 46

3.1 6 4 12 24 46
Task 4 25 10 56 24 24 90 100 329

4.1 25 10 56 24 24 90 100 329
Task 5 25 10 32 40 20 127

5.1 25 10 32 40 20 127
Task 6 34 14 36 18 92 60 20 274

6.1 24 12 36 18 80 60 20 250

6.2 10 2 12 24
196 51 130 20 94 54 374 184 40 1,143

CITY OF BUENA PARK
Orangethorpe Avenue Complete Streets Planning Study
Kimley-Horn and Associates, Inc.

Project
Manager
QC/QA
Manager
Principal-in-
Charge
Sr.

Profes-
sional III
Sr.

Profes-
sional II
Sr.

Profes-
sional I
Profes-
sional III
Profes-
sional II
Profes-
sional I
Analyst
II
Analyst
I
Project
Support TOTAL
HOURS
Project Initiation
Project Kick-Off Meeting
Project Administration and Development Team Meetings
Existing Conditions
Stakeholder and Public Engagement
Outreach and Engagement Plan
Stakeholder Team Engagement
Corridor Advisory Team Engagement
School and Student Outreach Activities
Online Outreach and Community Engagement
Equity and Displacement Analysis
Equity and Displacement Analysis
Recommendations Development
Recommendations Development
Implementation Strategy
Implementation Strategy
Summary Report
Draft and Final Summary Report
City Council Presentation

TOTAL HOURS
*Subconsultant hours included in Other Direct Costs
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-1
Resumes. Resumes for our proposed project team members are provided starting below.

Sowmya Chandrasekhar, PE, TE, PTOE
Project Manager
Sowmya has more than 16 years of professional experience as a transportation engineer. She is experienced in SRTS, ATP , safety studies, corridor operational analyses, traffic impact analyses, traffic signal designs, illumination designs, temporary/permanent traffic control plans, traffic control warrant analyses, parking studies, pedestrian studies, crash analyses, and innovative intersection improvements. Sowmya is well versed in grant funding and application development, specifically related to ATP and corridor safety projects.

Having previously served for three years as the City’s on-call traffic engineer , Sowmya not only brings a unique understanding of the goals and concerns of the City and the community, but she also truly cares for and is invested in the success of Buena Park! This personal connection has only been strengthened by her continued work on City projects at Kimley-Horn, including her ongoing management of the City’s Safe Routes to School Plan. Paired with her passion for active transportation and safety improvements, Sowmya’s intimate knowledge of the City makes her uniquely suited to once again partner with you as project manager on the Orangethorpe Avenue Complete Streets Planning Study.

RELEVANT EXPERIENCE
◢ City of Buena P ark, Safe Routes to School Plan, Buena Park, CA – Project Manager ◢ City of Buena P
ark, On-Call Transportation Engineering Services, Buena Park, CA – Project Manager* ◢ Caltrans,
Complete Intersections: A Guide to Reconstructing Intersections and Interchanges for Bicyclists and Pedestrians, CA – Project Manager
◢ City of Los Angeles,
Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Manager
◢ City of Los Angeles,
Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Senior Design Engineer
◢ City of Bakersfield,
Monitor Street School Corridor Active Transportation Improvements, Bakersfield, CA – Project Manager
◢ City of Bakersfield,
Niles and Monterey Complete Streets, Bakersfield, CA – Senior Engineer ◢ City of Lancaster
, Caltrans ATP Before and After Pedestrian and Bicycle User Counts, Lancaster, CA – Project Manager
◢ City of Lancaster
, Pedestrian Gap Closures and Street Lighting, Lancaster, CA – Senior Engineer ◢ City of Santa Ana,
South Main Street Corridor Improvements, Santa Ana, CA – QC/QA Reviewer ◢ OCT
A, Traffic Signal Synchronization Master Plan 2021 Update, Orange County, CA – Deputy Project Manager ◢ LA Metro,
North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Pasadena, CA – Senior Project Engineer
◢ City of Norwalk,
Norwalk Boulevard Traffic Signal and Interconnect Improvements, Norwalk, CA – QC/QA Reviewer ◢ City of Cerritos,
Del Amo Boulevard Bridge Replacement and Signal Enhancement Project, Cerritos, CA – Senior Project Engineer
*Performed prior to joining Kimley-Horn
Professional Credentials
⬗ Master of Science,
Civil Engineering,
Missouri University of
Science & Technology
⬗ Bachelor of Science,
Civil
Engineering, Visvesvaraya
National Institute of
Technology, India
⬗ Professional Eng
ineer in
California #83100
⬗ T
raffic Engineer in
California #2760
⬗ Professional
Traffic
Operations Engineer #3323
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-2
Sri Chakravarthy, PE, TE
Principal-in-Charge
Sri has over 20 years of multifaceted transportation engineering and public works experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has led a wide variety of active transportation projects, corridor studies, green streets, neighborhood corridor improvements, traffic calming, safety studies, and related traffic engineering services. Sri is a strong, hands-on project manager who brings demonstrated experience delivering unique, effective solutions to local streets across Southern California.

Directly applicable to this endeavor , Sri has successfully managed many active transportation projects and is known for his practical problem-solving approach, which is informed by more than 20 years of public works experience.

RELEVANT EXPERIENCE
◢ City of Santa Ana, South Main Street Corridor Improvements, Santa Ana, CA – Traffic Engineer ◢ City of Los Angeles, Broadway-Manchester ATP Cycle 4 Equity Project, Los Angeles, CA – Senior Design Lead ◢ City of Los Angeles, Mission Mile Sepulveda ATP Cycle 5: Visioning for a Safe and Active Community Project, Los Angeles, CA – Principal In-Charge
◢ City of Los Angeles, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Principal In-Charge
◢ County of Los Angeles, Bicycle Master Plan Update, Los Angeles County, CA – Project Manager ◢ City of Fullerton, Nutwood Avenue Bicycle and Pedestrian Mobility Improvements Project ATP Cycle 6, Fullerton, CA – Principal-in-Charge
◢ County of Orange Public Works, ADA Transition Plan Phase 2 Programming and Implementation, Orange County, CA – Project Manager
◢ OCTA, Santa Ana Transit Cooperative Study, Santa Ana, CA – Traffic Engineer ◢ City of Irvine, Protected Intersections Study and Conceptual Design for Various Locations, Irvine, CA – Project Manager
◢ City of Ventura, Westside Community Wide Active Transportation Improvements, Ventura, CA – Project Manager ◢ City of Ventura, Ventura River Trail Improvements Project, Ventura, CA – Principal-in-Charge ◢ City of Malibu, Caltrans Route 1 Pacific Coast Highway Bicycle Route Safety Improvements, Malibu, CA – Project Manager
◢ City of Malibu, Pacific Coast Highway Safety and Mobility Improvements at Various Locations, Malibu, CA – Project Manager
◢ City of Agoura Hills, Kanan Agoura Roundabout and Intersection Safety Improvements, Agoura Hills, CA – Project Manager
◢ City of Lancaster, ATP Cycle 2 Pedestrian and Bicycle Gap Closure Improvements at 36 Locations, Lancaster, CA – Senior Design Lead
◢ City of Lancaster, Safe Routes to School Master Plan, Lancaster, CA – Principal-in-Charge ◢ City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes, Thousand Oaks, CA – Project Engineer Professional Credentials
⬗ Master of Science, Civil
Engineering, Louisiana
State University
⬗ Bachelor of Science, Civil
Engineering, Kakatiya
University, India
⬗ Professional Engineer in
California #73629
⬗ Professional Traffic Engineer
in California #2531
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-3
Darryl dePencier, AICP , GISP , RSP2B
QC/QA Manager
Darryl has been leading transportation safety and active transportation projects for more than 17 years, including more than 40 recent SRTS, SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes.

His experience ranges from establishing safety policy language, network screening, crash site engineering reviews, and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual (HSM), the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the statewide, regional, local, and site-specific levels that incorporate all of the four Safety Es (Engineering, Education, Enforcement, and Emergency Medical Services).

As one of Kimley-Horn’s safety practice leaders, Darryl has led safety analysis efforts across the state, including several recent studies in Orange County. He is also highly skilled in GIS and other analytical software systems to create robust and user-friendly products that help decision-makers and the public make the best use of plans and studies.

RELEVANT EXPERIENCE
◢ City of Artesia, Active Transportation Plan, Artesia, CA – Project Planner ◢ City of Artesia, Local Roadway Safety Plan, Artesia, CA – Project Manager ◢ City of Bakersfield, Bakersfield Active Transportation Plan, Bakersfield, CA – Project Manager ◢ City of Los Angeles, On-Call Services for Transportation and Mobility Planning, Los Angeles, CA – Multimodal Transportation Planning Team Lead
◢ City of Lancaster, SRTS Master Plan, Lancaster, CA – Project Planner ◢ City of Lancaster, Systemic Safety Analysis Report Program, Lancaster, CA – Project Planner ◢ Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Manager ◢ OCTA, Santa Ana Transit Cooperative Study, Santa Ana, CA – Project Planner ◢ City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Project Manager ◢ City of Costa Mesa, Local Roadway Safety Plan, Costa Mesa, CA – Project Manager ◢ City of Anaheim, Local Roadway Safety Plan, Anaheim, CA – Project Planner ◢ City of Seal Beach, Local Roadway Safety Plan, Seal Beach, CA – Project Planner ◢ City of San Clemente, Local Roadway Safety Plan, San Clemente, CA – Project Manager ◢ City of Palm Desert, Safe Streets for All Grant, Palm Desert, CA – Project Planner ◢ Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA – Project Manager ◢ Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA – Project Planner ◢ SCCRTC, Unified Corridor Investment Study, Santa Cruz County, CA – Project Planner ◢ SCAG, On-Call Services: REAP Program Grant Writing and Program Administration, Southern CA – Project Planner ◢ SANDAG, San Vicente Comprehensive Multimodal Corridor Plan, San Diego, CA – Project Planner Professional Credentials
⬗ Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
⬗ Bachelor of Arts, Geography,
Carleton University
⬗ Certificate of Geographic
Information Systems,
Algonquin College
⬗ American Institute of Certified
Planners #026552
⬗ Geographic
Information Systems
Professional #59317
⬗ Road Safety
Professional 1 #279
⬗ Road Safety
Professional 2B #17
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-4
Matt Stewart, PE, TE
Existing Conditions Analysis Lead
Matt has experience in transportation planning, traffic engineering, and traffic safety analysis. His experience includes preparation of pedestrian and bicycle master plans, safety studies, development of intersection and roadway design guidelines, traffic impact analyses, and stakeholder engagement. He has recently worked on active transportation projects including the Broadway-Manchester Active Transportation Project, Griffith Park Safety and Active Transportation Project, the Lancaster Safe Routes to School Master Plan, and the Costa Mesa Safe Routes to School Action Plan.

Matt has recently worked on numerous traffic safety and transit projects in Orange County and Los Angeles County, giving him insight into local standards and best practices for active transportation improvements. He also brings extensive experience partnering with OCTA on various signal synchronization program projects, lending him vital connections with this key project stakeholder .

RELEVANT EXPERIENCE
◢ Caltrans, Complete Intersections Design Guide, Statewide, CA – Deputy Project Manager ◢ City of Los Angeles, Broadway-Manchester Active Transportation Project, Los Angeles, CA – Project Engineer ◢ City of Los Angeles, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Engineer
◢ County of Los Angeles, Bicycle Master Plan, Los Angeles County, CA – Project Manager ◢ City of Malibu, Pacific Coast Highway Mobility Improvements at Various Locations, Malibu, CA – Project Engineer ◢ City of Malibu, Pacific Coast Highway Signal System Improvements Project, Malibu, CA – Project Engineer ◢ City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Project Engineer ◢ OCTA, Triennial Transit Operations Performance Audit, Orange County, CA – Project Engineer ◢ OCTA, El Toro Road Regional Traffic Signal Synchronization Project, Orange County, CA – Project Engineer ◢ OCTA, Chapman Avenue Traffic Signal Synchronization Project, Orange County, CA – Project Engineer ◢ OCTA, Aliso Creek Road Regional Traffic Signal Synchronization Program, Orange County, CA – Project Engineer ◢ OCTA, Bake Parkway and Rockfield Boulevard, Crown Valley Parkway, and Moulton Parkway RTSSP , Orange County, CA – Project Engineer
◢ County of Orange, ADA Transition Plan, Orange County, CA – Project Manager ◢ City of Irvine, Pedestrian Module Field Review, Irvine, CA – Project Manager ◢ City of Lancaster, SRTS Master Plan, Lancaster, CA – Project Engineer ◢ Orange County Public Works, ADA Transition Plan, Orange County, CA – Project Manager ◢ City of Agoura Hills, On-Call Traffic Engineering and SRTS Services, Agoura Hills, CA – Project Engineer Professional Credentials
⬗ Master of Science,
Transportation
Engineering, University of
California, Berkeley
⬗ Bachelor of Science,
Civil and Environmental
Engineering, University of
California, Los Angeles
⬗ Professional Engineer in
California #90465
⬗ Professional Traffic Engineer
in California #3063
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-5
Angelo Pastelin, PE
Literature Review Lead
Angelo is a licensed professional engineer with experience across a variety of municipal projects including pavement rehabilitation, intersection improvements, signal synchronization, traffic calming, and safety studies. During his five year tenure at Kimley-Horn, he has supported a diverse range of design, analysis, and operations projects, including fiber design, traffic signal design, signing and striping design, and temporary traffic control design. Angelo has also led the design and data collection for traffic signal synchronization projects across Los Angeles, Ventura, and Orange counties.

Angelo has experience in working with the public to provide education on transportation safety and planning opportunities. He has previously assisted with projects that benefit local communities and worked with the public to incorporate feedback.

RELEVANT EXPERIENCE
◢ City of Los Angeles, Broadway-Manchester Active Transportation Project, Los Angeles, CA – Project Analyst ◢ City of Lomita, Traffic Calming Toolkit, Lomita, CA – Project Lead/Analyst ◢ City of Hawthorne, SS4A Action Plan, Hawthorne, CA – Project Lead/Analyst ◢ City of Lancaster, SRTS Master Plan, Lancaster, CA – Project Analyst ◢ City of Lancaster, At-Grade Rail Crossing Improvements (Avenue K, J, M, G), Lancaster, CA – Project Analyst ◢ City of Ventura, Design of Traffic Signal Communicaiton System Upgrade Project Phase I, Ventura, CA – Project Analyst
◢ City of Norwalk, Design Services for Local Streets Rehabilitation Program Phase I, Norwalk, CA – Project Engineer
◢ City of Oxnard, Oxnard Boulevard & Saviers Road Signal Improvements, Oxnard, CA – Project Analyst ◢ City of Hawthorne, Various Traffic Engineering Services , Hawthorne, CA – Project Analyst ◢ City of Irvine, Barranca Parkway Regional Traffic Signal Synchronization Program, Irvine, CA – Analyst ◢ City of Rancho Cucamonga, Advanced Traffic Management System Phase II, Rancho Cucamonga, CA – Project Manager
◢ City of Rancho Cucamonga, Banyan Street Pavement Rehabilitation, Rancho Cucamonga, CA – Project Manager ◢ City of Rancho Cucamonga, Traffic Signal Design and Flashing Yellow Arrow Modifications, Rancho Cucamonga, CA – Project Engineer
Professional Credentials
⬗ Bachelor of Science, Civil
Engineering, University of
California, Irvine
⬗ Professional Engineer in
California #96423
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-6
Tatiana Lundstrom, PE
Stakeholder and Public Outreach Lead
Tatiana has more than seven years of experience on a variety of transportation projects from the perspective of both design and outreach. As an outreach coordinator, she has been able to marry her engineering background with her passion for public engagement. Projects she has worked on as a designer include bicycle and pedestrian facilities, intersections, signing and pavement marking, roundabouts, and other safety improvements. Tatiana has led school walk audits, safe school outreach activities, project workshops with the public, canvassing at community events, and scheduling, planning, and coordination for Active Transportation Plans (ATPs) and Transportation Safety Action Plans. Tatiana has also organized multiple summits and outreach events, while emphasizing equity and accessibility. Tatiana’s excellent written and verbal communication skills— combined with her ambition and passion for the industry as well as her drive to develop creative solutions— have allowed her to produce numerous quality products in a timely manner.

As public outreach lead, Tatiana is able to marry her engineering background with her passion for public engagement. Her unique background enables her to communicate complex engineering ideas to diverse audiences in a manner that achieves consensus and support. Her excellent written and verbal communication skills—combined with her ambition and mpassion for the industry as well as her drive to develop creative solutions—have allowed her to produce numerous quality products in a timely manner .

RELEVANT EXPERIENCE
◢ City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Public Outreach Lead ◢ City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Stakeholder Engagement Lead ◢ City of San Marcos, Active Transportation Plan, San Marcos, CA – Public Outreach Lead ◢ Caltrans, Statewide Vulnerable Road Users Safety Assessment, Statewide, CA – Outreach Coordinator ◢ City of San Diego, La Jolla Active Transportation Plan Feasibility Study, San Diego, CA – Outreach Coordinator ◢ SANDAG, Orange Bikeway Final Design, San Diego, CA – Outreach Coordinator ◢ Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA – Deputy Project Manager
◢ Caltrans, I-5 North Coast - PA&ED, PS&E, Staff Augmentation I-5 HOV Extension PS&E, and San Elijio Lagoon Bridge, San Diego, CA – Project Analyst
◢ Jamul Indian Village, SR 94 Improvements - NEPA, EIR, PA/ED, and PS&E, Jamul, CA – Project Analyst Professional Credentials
⬗ Bachelor of Science,
Civil Engineering,
Clemson University
⬗ Bachelor of Arts,
Modern Languages,
Clemson University
⬗ Professional Engineer in
California #95416
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-7
Molly Tremblay
Equity and Displacement Analysis Lead
Molly has a passion for projects that benefit communities through safety, equity, and active transportation focused design. Molly has more than six years of experience in multidisciplinary municipal and transit projects as well as private site developments. She has been involved in a range of projects, including planning and final design of bikeways, bicycle and pedestrian facility intersection designs, complete streets, roundabouts, roadway alignments, curb extensions, and parks. Her work with these projects includes horizontal and vertical design, ADA accessible grading, wet and dry utility plans, and collaboration with clients and local agencies to develop innovative solutions that effectively address design challenges.

With a minor in literature, Molly has excellent written and verbal communication skills and a passion for communicating complex design issues to community members and writing successful grant applications for agencies throughout California.

RELEVANT EXPERIENCE
◢ City of Oceanside, Coast Highway Corridor Design, Oceanside, CA – Analyst and Grant Support ◢ City of National City, Euclid Avenue Pedestrian and Bicycle Enhancements, National City, CA – Analyst ◢ City of San Diego, Central Avenue Bikeway, San Diego, CA – Analyst ◢ City of Salinas, Williams Road Safe Street Corridor Project PA&ED, Salinas, CA – Project Analyst & Funding Lead ◢ City of King, San Antonio Drive Path & Safe Routes to Schools PA&ED, King City, CA – Project Analyst & Funding Lead
◢ City of King, US 101 and San Antonio Drive Roundabout Improvements Project – HSIP and RSTP Grant Applications, PA&ED and PS&E Design Services, King City, CA – Analyst and Grant Writer ◢ City of Vista, Emerald Drive Complete Street Improvements, Vista, CA – Project Analyst ◢ City of Seaside, Broadway Avenue Complete Street Corridor PS&E, Seaside, CA – Project Analyst and Funding Lead ◢ City of Rocklin, Rocklin Road/Pacific Street Roundabout Design and Right-of-Way Services, Rocklin, CA – Analyst
◢ City of Salinas, Bardin Road Safe Route to School Enhancement (Improvements), Salinas, CA – Analyst ◢ City of Folsom, ICE (Roundabouts-11 Intersections), Folsom, CA – Project Analyst ◢ City of West Sacramento, Grant Writing Services On-Call, West Sacramento, CA – Project Manager Professional Credentials
⬗ Bachelor of Science,
Structural Engineering,
University of
California, San Diego
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-8
Ryan Calad, PE, TE
Summary Report
Ryan has more than 18 years of experience and is a recognized leader in the transportation and public works field. He has served as a project manager on various engineering projects and completed extensive work for bicycle and pedestrian improvements, roadway improvement plans, assessments, and signal operations projects. He has also served as the engineering lead for several active transportation, bike, pedestrian, and SRTS projects. He has an extensive planning and design background and is effective at anticipating and resolving problems and issues on concurrent project task orders involving multidisciplined project teams, agencies, and subconsultants.

Ryan brings a depth of active transportation project experience working with bike, pedestrian, transit, and vehicle improvements, specifically navigating unique traffic control/protection for all users. He has in-depth experience working with bike/pedestrian progressive agencies like the cities of Long Beach, Santa Monica, and Culver City, pairing Class II and Class IV bikes through tight urban settings with protected bike treatments and complex traffic signal controller operations/phasing.

RELEVANT EXPERIENCE
◢ City of Fullerton, Nutwood Avenue Bicycle and Pedestrian Mobility Improvements Project, Fullerton, CA – Traffic Engineering Lead
◢ City of Newport Beach, 32nd Street Class II Bike Lane Signing and Striping Plan, Newport Beach, CA – Project Manager*
◢ City of Newport Beach, Bike Corridor Improvement Program Striping PS&E, Newport Beach, CA – Project Manager* ◢ City of Irvine, Strategic Active Transportation Plan, Irvine, CA – Engineering/ITS Task Leader* ◢ Caltrans, Coast Highway Intersection Improvement PS&E, Laguna Beach, CA – Project Manager* ◢ Caltrans, Coast Highway Intersection Improvement Feasibility Study, Laguna Beach, CA – Project Manager* ◢ City of Seal Beach, Seal Beach Boulevard TSSP , Seal Beach, CA – Project Manager* ◢ City of Bakersfield, Monitor Street SRTS Improvements, Bakersfield, CA – Project Engineer ◢ City of Long Beach, Daisy-Myrtle Bike Boulevard, Long Beach, CA – Senior Engineer* ◢ City of Long Beach, 3rd Street and Broadway Cycletrack PS&E, Long Beach, CA – Senior Engineer* ◢ City of Long Beach, Studebaker Road Complete Streets/ITS Project, Long Beach, CA – Task Manager* ◢ City of Culver City, Culver Boulevard Class IV Bike Lane Gap Closure, Culver City, CA – Project Manager* ◢ LACDPW, Willowbrook 2 (Affordable Housing and Sustainable Communities) Complete Streets Project, Los Angeles County, CA – Project Manager*
◢ City of Santa Monica, Wilshire Boulevard & 3rd Street and Wilshire Boulevard & 4th Street Traffic Signal Modification Plans, Santa Monica, CA – Project Manager* ◢ City of Santa Monica, Ocean Avenue and Colorado Avenue Traffic Signal Modification, Santa Monica, CA – Project Manager*
◢ City of Santa Monica, Signal Synchronization, Santa Monica, CA – Project Manager* *Performed prior to joining Kimley-Horn
Professional Credentials
⬗ Bachelor of Science, Ecology,
University of California, Irvine
⬗ Professional Engineer in
California #91422
⬗ Professional Traffic Engineer
in California #2692
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-9
Nicole Dias, PE
Implementation Strategy, Estimates, and Identification of Grant Pursuits Nicole has been leading and supporting the design of multidisciplinary roadway and active transportation projects across Southern California for more than 13 years. She has worked on a wide range of projects, from local roadway improvements to major interchange projects, and from feasibility studies to final design and construction phase services. Nicole has a passion for active transportation, multimodal design, and safety improvements, having most recently served as the project manager on both the Mission Mile Sepulveda Project PA&ED and the Broadway-Manchester Active Transportation Project for the City of Los Angeles.

Nicole’s experience delivering large-scale active transportation and safety improvements projects, including gaining approvals on innovative improvements not included in City standards, and navigating Caltrans Local Assistance requirements and deadlines will save the City time and money by reducing risk to schedule delays.

RELEVANT EXPERIENCE
◢ City of Los Angeles, Broadway-Manchester Active Transportation Project, Los Angeles, CA – Project Manager ◢ City of Los Angeles, Mission Mile Sepulveda Project PA&ED, Los Angeles, CA – Project Manager ◢ City of Los Angeles, Telfair Avenue Multimodal Bridge Over Pacoima Wash, Los Angeles, CA – Project Manager ◢ City of Bakersfield, Monitor Street SRTS Improvements, Bakersfield, CA – Contract Manager/ Project Engineer ◢ City of Bakersfield, Niles Street and Monterey Street Complete Streets PS&E, Bakersfield, CA – Contract Manager/Project Manager
◢ City of Fullerton, Nutwood Avenue Bicycle and Pedestrian Mobility Improvements Project, Fullerton, CA – Civil Design Lead
◢ City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Civil Design Lead ◢ City of Lancaster, ATP Cycle 2: Pedestrian and Bicycle Gap Closure Improvements at 36 Locations, Lancaster, CA – Project Engineer
◢ City of Lancaster, Avenue J/SR 14 (SR 138) Interchange PSR-PDS, PA&ED, and PS&E, Lancaster, CA – Project Engineer
◢ City of Lancaster, PS&E for Avenue K & 35th Street Intersection Improvements, Lancaster, CA – Project Engineer ◢ City of Lancaster, Project Management Services for Measure R Highway Equity Funds for Avenue G, Avenue K, Avenue M, and Avenue J Interchanges, Lancaster, CA – Project Engineer ◢ City of Lancaster, Planning Phase Services for Measure R Highway Equity Program for Avenue L Interchange, Lancaster, CA – Project Manager
◢ City of Malibu, Civic Center Way Improvements, Malibu, CA – Project Engineer ◢ City of South Gate, I-710 Firestone Southbound On-Ramp Modification Project, South Gate, CA – Project Engineer ◢ City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes, Thousand Oaks, CA – Project Engineer ◢ City of Thousand Oaks, Transportation Center Bus Parking and Pedestrian Improvements, Thousand Oaks, CA – Project Engineer
◢ County of Riverside, I-10/Sunset Avenue Interchange Railroad Grade Separation, Banning, CA – Design Engineer Professional Credentials
⬗ Bachelor of Science, Civil
Engineering, San Diego
State University
⬗ Professional Engineer in
California #86490
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-10
Laura Forinash, PE, TE
Recommendations and Alternatives
Laura is a professional civil and traffic engineer with over 12 years of transportation engineering and public works experience. Her expertise ranges from small design projects and task orders to large design-build environments and staff augmentation roles. Laura has worked on numerous active transportation projects, from planning and conception—such as bicycle master plans, safety action plans, and local road safety plans (LRSPs)—to the design and construction of bike lanes and pedestrian signals. Laura specializes in traffic analysis, design, simulation, and transportation planning. She is highly knowledgeable in the Highway Capacity Manual (HCM) and CA MUTCD methodologies, and proficient in microsimulation tools like VISSIM, SimTraffic, and ALPS.

As the former City Traffic Engineer for the City of Agoura Hills (2018–2023) and in her staff augmentation roles for the cities of Hawthorne and Laguna Niguel, Laura addresses active transportation issues daily, collaborates with key stakeholders, conducts public outreach, and helps cities implement projects and secure funding. She will be a key technical resource to help develop innovative active transportation design solutions

RELEVANT EXPERIENCE
◢ City of Fullerton, Nutwood Avenue Bicycle and Pedestrian Mobility Improvements Project, Fullerton, CA – Active Transportation
◢ City of Agoura Hills, Bicycle Master Plan, Agoura Hills, CA – Project Manager ◢ City of Agoura Hills, Reyes Adobe Road Pedestrian Signals, Agoura Hills, CA – Project Manager ◢ City of Agoura Hills, Kanan Road and Agoura Road Ultimate Intersection Improvements, Agoura Hills, CA – Project Manager
◢ City of Agoura Hills, School Area Traffic Study Along Kanan Road, Agoura Hills, CA – Project Manager ◢ City of Agoura Hills, Local Roadway Safety Plan, Agoura Hills, CA – Project Manager ◢ City of Agoura Hills, On-Call Traffic Engineering and SRTS Services, Agoura Hills, CA – Project Manager ◢ City of Agoura Hills, Crossing Guard Analysis, Agoura Hills, CA – Project Manager ◢ City of Agoura Hills, Pavement Management Plan Update, Agoura Hills, CA – Project Engineer ◢ City of Laguna Niguel, Heather Ridge Bike Lane Design, Laguna, Niguel, CA – Project Manager ◢ City of Laguna Niguel, Traffic Manual and Neighborhood Traffic Management, Laguna Niguel, CA – Project Manager
◢ City of Laguna Niguel, Forbes Road Rectangular Rapid Flashing Beacons, Laguna Niguel, CA – Project Manager ◢ City of Lomita, Traffic Calming Toolkit, Lomita, CA – Project Manager ◢ City of Hawthorne, Safety Action Plan, Hawthorne, CA – Project Manager ◢ City of Hawthorne, Professional Traffic Engineering Services, Hawthorne, CA – Project Manager (City Traffic Engineer) ◢ City of Diamond Bar, Neighborhood Traffic Management Plan (NTMP) on North Del Sol Lane and Highland Valley Road, Diamond, CA – Project Engineer
◢ City of South Gate, I-710 Firestone Southbound On-Ramp Modification Project, South Gate, CA – Project Engineer Professional Credentials
⬗ Master of Science, Civil
Engineering, Georgia
Institute of Technology
⬗ Bachelor of Science,
Civil Engineering, Georgia
Institute of Technology
⬗ Professional Engineer in
California #93146
⬗ Professional Traffic Engineer
in California #2818
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-11
Charis Ahn, PE
Existing Conditions Analysis
Charis has experience in traffic engineering and ITS design, planning, and analysis projects. Her experience includes traffic signal design, signal interconnect design, street lighting design, signing and striping design, and planning level traffic studies. Charis has worked on a variety of projects during which she was involved with traffic intersection modeling, communication block diagrams and fiber-optic splice diagrams, data collection and field review, preparation of design plans using AutoCAD and MicroStation, cost estimation, and technical specifications preparation.

RELEVANT EXPERIENCE
◢ City of Simi Valley, Local Roadway Safety Plan, Simi Valley, CA – Project Analyst ◢ City of Lancaster, Lancaster Health District Traffic Design, Lancaster, CA – Project Analyst ◢ City of Rancho Cucamonga, Traffic Signal Modification, Rancho Cucamonga, CA – Project Analyst ◢ City of Norwalk, Studebaker Road TSSP , Norwalk, CA – Project Analyst ◢ City of Ventura, Design of Traffic Signal Communication System Upgrade Project Phase I, Ventura, CA – Project Analyst
◢ City of Ventura, Sustainable Transportation Infrastructure and Transportation Related Amenities, Ventura, CA – Project Analyst
Professional Credentials
⬗ Bachelor of Science, Civil
Engineering, University of
California, Los Angeles
⬗ Professional Engineer in
California #96083
Vanessa Wong, EIT
Existing Conditions Analysis
Vanessa has experience in design and traffic operations. Her design experience includestraffic signal design, signal interconnect design, and signing and stripingdesign. Her traffic analysis experiences includes traffic impact studies andsignal timing operations. She has software experience with AutoCAD, Synchro,ArcGIS, and Excel.

RELEVANT EXPERIENCE
◢ City of Buena Park, Safe Routes to School Plan, Buena Park, CA – Project Analyst ◢ City of Los Angeles, Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Project Analyst ◢ City of Los Angeles, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Analyst
◢ City of Irvine, Barranca Parkway Regional Traffic Signal Synchronization Program, Irvine, CA – Project Analyst ◢ City of Norwalk, Norwalk Blvd Final Design Services for Traffic Signal Improvements, Norwalk, CA – Project Analyst ◢ City of Norwalk, Studebaker Road Traffic Signal Synchronization Project (TSSP) and Interconnect Projects, Norwalk, CA – Project Analyst
◢ City of Alhambra, 710 North Arterial and I-10 Interchange Improvements at I-10/Fremont Avenue, I-10/Atlantic Boulevard, and I-10/Garfield Avenue, Alhambra, CA – Project Analyst Professional Credentials
⬗ Bachelor of Science, Civil
Engineering, California
State Polytechnic
University, Pomona
⬗ Engineer-in-Training in
California #174281
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-12
Fabian Campos
Stakeholder and Public Outreach
Fabian works with public and private clients on equitable strategies and implementation, providing nuanced understanding of markets, the federal legislative process, and regulatory environment to plan, design, and develop projects that advance equitable outcomes for underserved communities. With over six years of experience, Fabian has worked on a variety of multimodal transportation projects, zeroemission transition plans, micromobility pilot programs, local, state, and federal grants, and conducted benefit-cost analyses for bridge projects. Fabian’s broader technical experience includes geospatial analyses, land-use planning, transit-oriented communities, community engagement, and research. Fabian is fluent in Spanish and will provide translation services.

RELEVANT EXPERIENCE
◢ City of Buena Park, Safe Routes to School Plan, Buena Park, CA – Project Planner ◢ Southern California Association of Governments (SCAG), Moreno Valley Pedestrian Access Plan, Moreno Valley, CA – Project Planner
◢ LA Metro, Safety Action Plan, Los Angeles County, CA – Project Planner ◢ City of Costa Mesa, Safe Routes to School Action Plan, Costa Mesa, CA – Project Planner ◢ Peninsula Corridor Joint Powers Board, Caltrain Grade Separation Study and Corridor Crossings Strategy, San Carlos, CA – Project Planner
◢ Caltrans District 4, Vision 980: Phase 2 Feasibility Study, West Oakland, CA – Equity Task Lead* ◢ National Park Service (NPS) and Federal Highway Administration (FHWA), Equity Blueprint for Access Communities, US, National – Deputy Project Manager*
*Prior to joining Kimley-Horn
Professional Credentials
⬗ Master of Urban and Regional
Planning, University of
California, Los Angeles
⬗ Bachelor of Science,
Sociology, Grinnell College
Jack Park, CM
Stakeholder and Public Outreach
Jack has served as the primary production analyst responsible for delivering key projects for over 15 airports and in partnership with three state agencies, two metropolitan transportation planning organizations, and a regional transit agency in the Bay Area. Jack has also coordinated with in-house engineers to generate cost estimates and submit grant applications for both federal and state matching funds. Jack’s strongest trait is his proactive approach and ability to see projects through to completion. Jack is fluent in Korean and will provide translation services.

RELEVANT EXPERIENCE
◢ City of Buena Park, Safe Routes to School Plan, Buena Park, CA – Project Analyst ◢ Caltrain, Capital Planning Support Services, CA – Project Analyst ◢ Caltrain, Grade Separation Support and Corridor Crossings Strategy, Bay Area, CA – Project Analyst ◢ City of Milpitas, Citywide Traffic and Safety Study, Milpitas, CA – Project Analyst ◢ City of Hayward, ACIP Development, Grants Administration, and Environmental Clearance, Hayward, CA – Project Analyst
Professional Credentials
⬗ Bachelor of Science,
Aviation, California State
University, San Jose
⬗ American Association of
Airport Executives (AAAE),
CMAAAE License (#295948)
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-13
Pam Turner, GISP
GIS
Pam has 24 years of experience in various aspects of GIS management and analysis. This experience includes using GIS for disaster management applications, including the generation of methodology for hazard mitigation assessments and risk and vulnerability analysis. She also has used her skills to solve geospatial problems in the fields of pandemic health, water resources, environmental applications, and most recently she has worked with the U.S. Navy to maintain and update shore installation infrastructure and asset data. Her background includes implementing data sharing agreements, data model design, implementation of web-based GIS systems, automation of geoprocessing, and conducting user-level GIS training using ESRI software.

RELEVANT EXPERIENCE
◢ City of Buena Park, Safe Routes to School Plan, Buena Park, CA – GIS Specialist ◢ City of Bakersfield, Monitor Street SRTS Improvements, Bakersfield, CA – GIS Specialist ◢ Caltrans, Vulnerable Road User Safety Assessment Development, Sacramento, CA – GIS Specialist ◢ Metropolitan Transportation Commission, Marin County Mobility Hub Plan, Marin County, CA – GIS Specialist ◢ California Public Utilities Commission, Phase 3 Railroad Crossing Inventory, San Jose, CA – GIS Specialist ◢ Confidential Solar Energy Client, GIS Services, Irvine, CA – GIS Specialist/Project Manager Professional Credentials
⬗ Master of Science,
Geographic Information
Systems, Pennsylvania
State University
⬗ Bachelor of Science,
Environmental Science,
Dickinson College
⬗ Geographic
Information Systems
Professional #00064094
Kevin Chang, EIT
Implementation Strategy, Estimates, and Identification of Grant Pursuits Kevin has various civil engineering and transportation and traffic engineering experience. He has prepared signing and striping plans, traffic control plans, and traffic signal plans for projects ranging from a small, single-intersection development to a larger corridor with multiple intersections. He also has developed Traffic Impact Analysis reports and Capacity Analysis reports and provided conceptual geometric plans for public agencies throughout Southern California. Kevin is familiar with the Manual on Uniform Traffic Control Devices (MUTCD) and Caltrans standards and has experience working with various city and county standards.

RELEVANT EXPERIENCE
◢ City of Los Angeles Department of Recreation and Parks, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA – Project Analyst
◢ City of Los Angeles, Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Project Analyst
◢ City of Simi Valley, Madera Road Street Improvement Project, Simi Valley, CA – Project Analyst ◢ City of Norwalk, Studebaker Road TSSP and Interconnect Project, Norwalk, CA – Project Analyst ◢ City of Norwalk, Norwalk Boulevard Final Design Services for Traffic Signal Improvements, Norwalk, CA – Project Analyst
◢ City of Lancaster, Safe Routes to School Master Plan, Lancaster, CA – Project Analyst Professional Credentials
⬗ Bachelor of Science, Civil
Engineering, University of
California, Irvine
⬗ Engineer-in-Training in
California #166527
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-14
Adam Maleitzke, AICP
Summary Report
Adam is a planner and urban designer with more than 17 years of experience leading large-scale transportation, transit-oriented communities (TOC), and land use projects for clients throughout Southern California and beyond, and has worked in the private, public, and non-profit sectors. He is skilled at managing the preparation of master plans, station area plans, active transportation plans, streetscape plans, and feasibility studies, managing large multi- disciplinary teams. Recent projects include station design and planning services for the California High Speed Rail Authority and LA County Metro, station area planning and Specific Plan preparation for emerging TOCs along emerging LRT and commuter rail station areas. Adam excels in leading projects that seamlessly integrate land use and transportation and brings a critical skill set for designing walkable, livable communities that promote equity, mobility, and lead to a climate-resilient future.

RELEVANT EXPERIENCE
◢ City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Project Manager ◢ City of Bakersfield, Active Transportation Plan, Bakersfield, CA – Project Planner ◢ City of Los Angeles, River Valleys Bikeways and Greenways, Los Angeles, CA – Project Manager* ◢ City of Ontario, Multimodal Transportation Center Needs Assessment and Siting Criteria, Ontario, CA – Project Manager* ◢ Omnitrans, West Valley Connector, San Bernardino, CA – Project Manager* ◢ RCTC, Transit-Oriented Communities Strategic Plan, Riverside County, CA – Project Manager* ◢ City of Long Beach, Downtown and TOD Pedestrian Master Plan, Long Beach, CA – Project Manager* *Projects prior to Kimley-Horn
Professional Credentials
⬗ Master of Landscape
Architecture, University of
Minnesota, St. Paul
⬗ Master of Urban and Regional
Planning, University of
Minnesota, St. Paul
⬗ Bachelor of Arts,
Architecture, University of
Minnesota, St. Paul
⬗ American Institute of Certified
Planners #027697
⬗ Urban Land Institute, Member
⬗ American Planning
Association, Member
Ruben Becerra, PE
Recommendations and Alternatives
Ruben has experience in traffic engineering design, transportation planning and streetlighting for both private and public sectors. He has been on the frontlines of some of Southern California’s largest and most notable projects where he was responsible for the ultimate and temporary design of traffic signals, signing and striping and street lighting. He has prepared hundreds of temporary and permanent plans for agencies such as LADOT, LABSL, LACDPW, COBH, COI, POLB,COM, Caltrans and more for design review and plan approval process.

RELEVANT EXPERIENCE
◢ City of Los Angeles, Mission Mile Sepulveda Project PA&ED, Los Angeles, CA– Project Analyst ◢ City of Los Angeles, Broadway-Manchester Active Transportation Equity Project, Los Angeles, CA – Project Analyst
◢ City of Los Angeles, LAX ConRAC Construction Phase Services, Los Angeles, CA – Project Analyst ◢ City of Bakersfield, Niles and Monterey Complete Streets, Bakersfield, CA – Project Analyst ◢ City of Bakersfield, Monitor Street School Corridor Active Transportation Improvements, Bakersfield, CA – Project Analyst
Professional Credentials
⬗ Bachelor of Science, Civil
Engineering, California State
University, Northridge
⬗ Professional Engineer in
California #97712
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-15
Edward Polunin
Multimodal Data Collection
Ed has over 28 years of experience in traffic data
collection and project management. Ed is responsible for operations and project management for different types of counts including intersection turning movement counts.

Ed has directly managed and supervised projects with a combined total of over 20,000 traffic count locations. He served as a project manager for AimTD for 13 years. Ed is a certified radar operator, a certified drone operator, and a member of the Orange County Traffic Engineering Council (OCTEC).

RELEVANT EXPERIENCE
◢ OCTA, 2024 Countywide Signal Synchronization Baseline (CSSB) Turning Movement Counts (1,400 Intersection Counts), Orange, CA – Data Collection Lead
◢ OCTA, 2019 and 2023 Congestion Management Program (CMP) Traffic Data Collection, Orange, CA – Project Manager
◢ LADOT, On-Call Traffic Data Collection (2019 - Ongoing), Los Angeles, CA – Project Manager ◢ City of Pasadena, On-Call Traffic Data Collection (2018 - Ongoing), Pasadena, CA – Project Manager Professional Credentials
⬗ Bachelor of Science,
Business Administration,
DePaul University
⬗ Certified Radar Operator
⬗ Certified Drone Operator
Javier Correa
Multimodal Data Collection
Javier has nearly five years of experience in traffic data collection. Javier is responsible for collecting intersection turning movement counts, average daily traffic counts, speed survey and parking surveys. He has served as a technician for AimTD for 4 years.

RELEVANT EXPERIENCE
◢ OCTA, 2024 Countywide Signal Synchronization Baseline (CSSB) Turning Movement Counts (1,400 Intersection Counts), Orange, CA – Data Collection Technician
◢ OCTA, 2019 and 2023 Congestion Management Program (CMP) Traffic Data Collection, Orange, CA – Data Collection Technician
◢ LADOT, On-Call Traffic Data Collection (2019 - Ongoing), Los Angeles, CA – Data Collection Technician ◢ City of Pasadena, On-Call Traffic Data Collection (2018 - Ongoing), Pasadena, CA – Data Collection Technician Professional Credentials
⬗ High School Diploma,
Roosevelt High School,
Los Angeles, CA
⬗ Certified Radar Operator

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-16
Lissette Montoya
Implementation Strategy, Estimates, and
Identification of Grant Pursuits
Lissette has more than 20 years of experience in project management, analysis, funding management, grant administration, and community outreach programs. Her expertise includes identifying federal and state fund allocation balances, programming funds, and administering long-and-short range programs consistent with the economic capabilities of the City.

Lissette has helped numerous agencies in performing a variety of analyses and studies to identify State and Federal funding options. Additionally, she has experience in grant writing, project monitoring, labor compliance, and funding administration services. Her team has successfully monitored federal and state funding for municipal agencies throughout Southern California and has secured over $560.5 million in funding for government agencies.

RELEVANT EXPERIENCE
◢ OCTA, On-Call Support Services for State and Federal-Aid Project Programming, Orange County, CA – Funding Project Director
◢ California State University Fullerton (CSUF), Funding Administration for Nutwood Pedestrian/Gateway Bridge – Funding Project Director
◢ City of Bell Gardens, Citywide Safety Improvement ATP , Bell Gardens, CA – Grant/Funding Project Director ◢ City of El Monte, Santa Anita Active Transportation CIP , El Monte, CA – Grant/Funding Project Director ◢ City of Monterey Park, ATP Cycle 4, Monterey Park, CA – Grant/Funding Project Director Professional Credentials
⬗ Master of Business
Administration, California
State Polytechnic
University Pomona
⬗ Bachelor of Science,
Business Management,
California State Polytechnic
University Pomona
Keith LeNoue
Implementation Strategy, Estimates, and
Identification of Grant Pursuits
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. He assists clients by identifying federal and state fund allocation balances, assisting in determining eligible projects, and providing advisement of program requirements. 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.

RELEVANT EXPERIENCE
◢ OCTA, On-Call Support Services for State and Federal-Aid Project Programming, Orange County, CA – Funding Program Manager
◢ California State University Fullerton (CSUF), Funding Administration for Nutwood Pedestrian/Gateway Bridge – Funding Program Manager
◢ City of Bell Gardens, Citywide Safety Improvement ATP , Bell Gardens, CA – Grant/Funding Program Manager ◢ City of El Monte, Santa Anita Active Transportation CIP , El Monte, CA – Grant/Funding Program Manager ◢ City of Monterey Park, ATP Cycle 4, City of Monterey Park, CA – Grant/Funding Program Manager ◢ City of Norwalk, Studebaker, Rosecrans, and Cecila HSIP Cycles 6-8, Norwalk, CA – Grant/Funding Program ManagerCity of South Rosemead, Delta Avenue from Mission to Well ATP , Rosemead, CA – Grant and Funding Support Professional Credentials
⬗ Master of Business
Administration, Azusa
Pacific University
⬗ Bachelor of Arts, Business
Management, Azusa
Pacific University

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 R-17
Katherine Padilla Otañez
Stakeholder and Public Outreach
As founder and president of KPA for 30 years, Katherine is a communications strategist and specialist with expertise in organizational development/systems thinking, marketing research and integrated communications strategy, facilitation and mediation, and community and government relations. Other areas of expertise include global logistics, planning, architecture, and engineering. Katherine’s other areas of education and expertise include NEPA Policies, Procedures and Practices, UCLA Extension; CEQA Overview and Policies, Association of Environmental Professionals; and Environmental Justice in Land Use Planning, 2-day American Planning Association Workshop.

RELEVANT EXPERIENCE
◢ City of Costa, Mesa Pedestrian Master Plan, Costa Mesa, CA – Project Manager/ Managing Principal ◢ City of Santa Ana, Safe Routes to School, Santa Ana, CA – Project Manager/ Managing Principal ◢ City of El Centro, Imperial Avenue Complete Streets Plan, El Centro, CA – Managing Principal ◢ LA Metro, Sepulveda Transit Corridor Project, Los Angeles County, CA – Managing Principal ◢ Imperial County Transportation Commission, Regional Long-Range Transportation Plan Update, Imperial County, CA – Project Manager/Managing Principal
◢ City of Los Angeles, Seventh Street Streetscape Improvement Project, City of Los Angeles, CA – Outreach Lead Project Manager/Managing Principal
Professional Credentials
⬗ Master of Business
Administration, California
State University, Los Angeles.
⬗ Bachelor of Science,
Business Administration,
California State
University, Los Angeles
Jessica Padilla Bowen, APR
Stakeholder and Public Outreach
In addition to her five years of experience at KPA, Jessica brings more than 20 years of experience in government and non-profit communications. She specializes in project management, event coordination, and meeting facilitation. Prior to joining KPA, Jessica spent 15 years with the City of Carlsbad, where she supported multiple departments, including Community & Economic Development and Public Works, and served as a Public Information Officer in the City’s Emergency Operations Center.

RELEVANT EXPERIENCE
◢ City of Costa Mesa, Pedestrian Master Plan, Costa Mesa, CA – Outreach Associate ◢ City of El Centro, Imperial Avenue Complete Streets Plan, El Centro, CA – Outreach Lead Project Manager
◢ City of Glendale, Vision Zero Action Plan, Glendale, CA – Outreach Lead Project Manager ◢ LA Metro, Sepulveda Transit Corridor Project, Los Angeles County, CA – Outreach Associate ◢ City of Los Angeles, Seventh Street Streetscape Improvement Project, Los Angeles, CA – Outreach Associate ◢ LADOT, Safe Routes for Seniors, Los Angeles, CA – Outreach Associate ◢ Ventura County Transportation Commission Comprehensive Transportation Plan, Ventura County – Outreach Lead Project Manager
Professional Credentials
⬗ Master of Public
Administration, San Diego
State University, San Diego.
⬗ Bachelor of Arts, Theater/
Economics, Occidental
College, Los Angeles.
⬗ Certified International
Association of Public
Participation (IAP2)
⬗ Accredited in Public Relations
(APR), Public Relations
Society of America (PRSA)
⬗ Certified Professional
Coach, International
Coaching Federation

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 16 F. REFERENCES
Kimley-Horn values the long-lasting, trusted relationships we have developed with our clients, and much of our success over the last 58 years is directly related to our efforts to provide consistent, high quality, and timely services. As trusted advisors, our firm works diligently on behalf of our clients, as demonstrated by the projects provided on the following pages.

We encourage you to contact our clients directly regarding our team’s work history and quality of service.

City of Buena Park
Safe Routes to School (SRTS) Plan. Kimley-Horn is supporting the City in developing your SRTS Plan, which aims to enhance safety while providing more comfortable multi-modal options for students, families, and residents near 16 schools within five Buena Park school districts. The Plan will result in a broad series of improvements and programs to reduce bike and pedestrian accidents and increase walking and biking mode share between nearby neighborhoods and schools. Kimley-Horn’s services include extensive stakeholder and community outreach, including multilingual support (Spanish, Korean, and sign language) to encourage full participation by a significant portion of the student and parent population.

Client Reference: Norman Wray, Senior Engineering Technician | 714.562.3699 | [email protected]
Complete Streets Master Plan. Kimley-Horn designed the City’s Complete Streets Master Plan (adopted in 2017), which focused primarily on the incorporation of complete streets concepts and design where feasible and appropriate throughout the City. The City looked to base their Master Plan on the Orange County Complete Streets Initiative (OCCSI) and relevant City policy documents, plans, and standards, with the intention of promoting a mobile and healthy lifestyle, encouraging multimodal mobility habits, and allowing residents and visitors of the City to walk or bicycle to their destinations more safely and efficiently.

City of Los Angeles
Broadway and Manchester Avenue Active Transportation
Corridor Planning and Implementation. To improve safety and quality of life for all corridor users, Kimley-Horn is helping the City increase connectivity and use of active modes of transportation, enhance community spaces, reduce the heat island effect, and improve air quality and stormwater capture/reuse along Manchester Avenue and South Broadway. Kimley-Horn is accomplishing this by:
\ Constructing Class IV cycles tracks, curb extensions, HAWK signals, bus islands, street amenities, tree planting, cisterns, and drywells \ Coordinating between multiple agencies (multiple City departments, Los Angeles County, LA Metro, and Caltrans), and grant
funding sources
The project also contains funding from four grant programs and a total of nine local, state, and federal funding sources, requiring strict management and adherence to grant funding requirements.

Client Reference: Gina Liang, Project Manager/Landscape Architect | 213.442.4267 | [email protected] “Kimley-Horn’s experience on
Broadway-Manchester will greatly
benefit the City on future ATP projects.”
- Gina Liang, StreetsLA Project Manager

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 17 Mission Mile Corridor Comprehensive Planning Study. In partnership with StreetsLA, Kimley-Horn successfully completed the PA&ED phase of the Mission Mile Sepulveda Project, which seeks to improve safety and reduce collisions, provide more equitable transportation options, and create a more active and connected community through implementation of pedestrian paths, bike lanes, and pedestrian crossing improvements. Kimley-Horn’s services included:
\ Completion of NEPA and CEQA environmental documents with supporting studies
\ Development of a multi-disciplinary preliminary engineering design with supporting technical studies \ Implementation of a comprehensive stakeholder and community engagement plan \ Coordination with various stakeholders, including LADOT, Bureau of Street Lighting, LA Department of Water and Power, the LA Fire Department, Caltrans, and Council District 7
Kimley-Horn was also selected to continue our partnership with StreetsLA to deliver the PS&E phase of this project! Client Reference: Prashant Konareddy, Advanced Planning Program Manager | 213.887.1097 | [email protected] Griffith Park Safety and Active Transportation Improvements Plan. Kimley- Horn assisted the Los Angeles Department of Recreation and Parks (RAP) in conducting an engineering assessment of Crystal Springs Drive and Griffith Park Drive in Griffith Park, the largest municipal park in the City of Los Angeles. This included an evaluation of existing conditions and preparation of recommendations to calm traffic, reduce cut-through traffic, and improve safety. Kimley-Horn prepared conceptual plans for short-, mid-, and long-term improvements, including Class II and Class IV bicycle facilities, crosswalk improvements, reduction in curb radii at intersections, and speed humps. Kimley-Horn presented the recommendations to several groups of stakeholders and participated in community engagement workshops. Kimley- Horn also provided construction support for all aspects of the project, including the conversion of Griffith Park Drive to an active transportation roadway.

Client Reference: Stefanie Smith, Superintendent of RAP Operations | 323.661.9465 | [email protected] City of Santa Ana
South Main Street Comprehensive Corridor Planning and Implementation. Kimley-Horn helped transform the existing South Main Street into a revitalized corridor by creating solutions for street beautification, traffic safety, walkability, bike circulation, environmental sustainability, security, and neighborhood amenities. The project’s goals included:
\ re-branding the South Main Street Business District with a consistent theme to promote future developments
\ improving street walkable paths with pedestrian safety, curb ramps, crosswalks, and other ADA features
\ encouraging the use of alternative transportation such as walking, biking, and public transit
\ improving accessibility to local businesses by providing on-street parking

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 18 Santa Ana Boulevard and 5th Street Protected Bike Lane.

Kimley-Horn provided engineering design services for two miles of one-way Class IV median protected bike lane facilities and

0.4 miles of two-way Class IV median protected bike facilities, connecting cyclists from the Santa Ana Regional Transportation Center to the City of Santa Ana’s Downtown and Civic Center areas. This project was one of the first protected bike lane projects of this magnitude in Orange County, and it is an important element of the City of Santa Ana’s efforts to promote complete streets with multiple transportation options. The project consisted of bike signals, pedestrian walkway improvements, traffic calming features, ADA improvements, signing/striping, and extensive coordination with stakeholders, including OCTA.

Client Reference: Sean Thomas, Principal Civil Engineer and Construction Services Manager | 714.647.5655 | [email protected]
City of Bakersfield
Monitor Street School Corridor Active Transportation
Improvements. To create a safer corridor for all users along a 3-mile stretch of Monitor Street from South High School to Golden Valley High School, Kimley-Horn is implementing improvements such as traffic calming, enhanced
pedestrian crossings, improved signage and lighting, more resilient pavement markings, ADA modifications, median
modifications, and sidewalk improvements. Following the preliminary study, Kimley-Horn will work with the City of Bakersfield to engage local stakeholders and community members to gather input and feedback on the conceptual designs.

Once outreach and preliminary engineering is complete, our team will identify available grant funding opportunities and compile the information in a report to the City.

Niles and Monterey Complete Streets. Along a 1.2-mile stretch of both Niles Street and Monterey Street in the neighborhood of East Bakersfield, Kimley-Horn is transforming the area into complete streets corridors while reducing travel lane widths and implementing curb extensions to provide a traffic calming effect and enhance pedestrian awareness and safety. To do so, we are implementing improvements such as traffic calming, enhanced pedestrian crossings, improved signage and lighting, more resilient pavement markings, ADA modifications, median modifications, and sidewalk improvements.

Client Reference: Paul Archer, Civil Engineer IV | 661.326.3350 | [email protected] Our experience educating community members on
the trade-offs between travel lanes, parking, and
safety will help inform our approach to outreach
efforts on the Orangethorpe Avenue Complete
Streets Planning Study, with the intent of ensuring
INCREASED SUPPORT for proposed improvements

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 19 G. SUBCONSULTANTS
In an effort to provide the City with the depth of resources necessary to seamlessly deliver services for this project, Kimley- Horn has teamed with three skilled subconsultants to supplement our in-house team. Not only are these firms talented from a technical standpoint, but they are also familiar with the local environment and have strong working relationships with members of the Kimley-Horn team, as they have supported us on other projects.

All three of the following subconsultant firms are registered Disadvantaged Business Enterprises (DBEs). Their DBE registration information has been provided in Section I. DBE Commitment.

Aim Traffic Data – Multimodal Data Collection
Aim Traffic Data (AimTD) has over thirteen years of experience providing accurate traffic data collection with a focus on customer service. AimTD conducts over 10,000 traffic counts annually throughout California, Arizona, and Hawaii and has traffic data collection contracts with many municipalities and private engineering firms. AimTD’s services include intersection turning movement counts, travel time surveys, bicycle and pedestrian counts, traffic gap studies, transit surveys, and more.

Avant-Garde – Implementation Strategy, Estimates, and Identification of Grant Pursuits Avant-Garde brings over 20 years of experience delivering innovative solutions in grant writing, program and funding management, compliance, construction coordination, and community outreach for numerous Southern California public agencies. Their expertise includes securing and administering grants for diverse projects, navigating federal and state requirements, and delivering comprehensive support from project inception to completion. Avant-Garde is currently providing professional services for the City of Buena Park for PS&E phase of the Dale/Whitaker Complete Streets Project.

Katherine Padilla & Associates, Inc. – Stakeholder and Public Outreach Katherine Padilla & Associates (KPA) is a full-service communication firm providing strategic community outreach and public information campaigns, community meetings and workshops online and in-person, community-based research including focus groups and interviews, branding and graphic design, social media management, photography and videography, translation services, and much more. KPA’s diverse team includes members fluent in Spanish. KPA brings a mix of technical expertise, marketing savvy, and exceptional interpersonal skills that uniquely equips them to foster meaningful communication with clients, collaborate effectively with technical teams, and engage with the community.

With three DBE subconsultant partners on our team, Kimley-Horn is committed to EXCEEDING the City’s 22% DBE goal for this project.

Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 20 H. PROJECT SCHEDULE
Our proposed schedule—which details key tasks, including milestone timeframes for primary deliverables—is provided below. This schedule assumes a Notice to Proceed of June 2025 and is anticipated to be completed in by April 2027. Our intent is to review this draft schedule with the City at the start of the project so that all parties are on board with the timeline.

Meetings Community Engagement Event Student Activities Task Progress City Review Draft Deliverable Final Deliverable Task Description
2025 2026 2027
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Task 1 Project Initiation

1.1 Project Kick-Off Meeting

1.2 Project Administration and Development Team Meetings

1.3 Existing Conditions
Task 2 Stakeholder and Public Engagement

2.1 Outreach and Engagement Plan

2.2 Stakeholder Team Engagement

2.3 Corridor Advisory Team Engagement

2.4 School and Student Outreach Activities

2.5 Online Outreach and Community Engagement
Task 3 Equity and Displacement Analysis
Equity and Displacement Analysis
Task 4 Recommendations Development
Recommendations Development
Task 5 Implementation Strategy
Implementation Strategy and Financial Plan
Task 6 Summary Report

6.1 Draft and Final Summary Report

6.2 City Council Presentation
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 A-1
I. DBE COMMITMENT
Per the City’s RFP , we have completed the required forms Exhibit 10-O1 and Exhibit 10-O2 with the appropriate DBE-specific information. With three DBE subconsultants on our team, we are committed to exceeding the City’s 22% DBE goal.

Exhibit 10-O1 is provided starting on the following page.

PLEASE NOTE: Because Exhibit 10-O2 contains cost information—which is required by the City to be submitted in a separate sealed envelope/separate PDF file via PlanetBids—we have submitted our completed Exhibit 10-O2 form as part of our cost proposal submittal rather than within this section of our technical proposal.

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
LPP 18-01 Page 1 of 2
January 2019

EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: City of Buena Park 2. Contract DBE Goal: 22%

3. Project Description: Orangethorpe Avenue Complete Streets Planning Study Federal Project No. STPLNI-5310(046)

4. Project Location: Buena Park, California

5. Consultant's Name: Kimley-Horn and Associates, Inc. 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number

9. DBE Contact Information 10. DBE %
Grant Pursuit Support 36060
Advanced Avant-Garde Corporation
3670 W Temple Ave Ste. 278 Pomona CA 91768
Ms. Ana Marie Lenoue / 909-979-6586

2.85%
Mutli-modal Data Collection 50339

AIMTD LLC
155 N. Riverview Dr. #100 Anaheim, CA 92808
Olga Polunin / 714-253-7888

1.44%
Stakeholder and Public Outreach 31053
Katherine Padilla & Associates (KPA), Inc
787 Merrett Drive Pasadena, CA 91104-3324
Katherine Padilla Otanez / 323-258-5384

24.39%

Local Agency to Complete this Section

11. TOTAL CLAIMED DBE PARTICIPATION 28.69%%

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. Consultant’s Ranking after Evaluation: __________________________

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

May 8, 2025

21. Local Agency Representative's Signature 22. Date

12. Preparer's Signature 13. Date

Srikanth Chakravarthy, PE, TE 213.261.4037

23. Local Agency Representative's Name 24. Phone

14. Preparer's Name

15. Phone

Senior Vice President

25. Local Agency Representative's Title 16. Preparer's Title

DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.

Certified Profile
Print
Business & Contact Information

BUSINESS NAME ADVANCED AVANT-GARDE CORPORATION
OWNER Ms. Ana Marie Lenoue
ADDRESS 3670 W TEMPLE AVE, STE. 278
POMONA, CA 91768 [map]
PHONE 909-979-6586
FAX 909-979-6580
EMAIL [email protected]
WEBSITE http://www.agi.com.co
ETHNICITY Hispanic American
GENDER Female
COUNTY Los Angeles (CA)
Certification Information
CERTIFYING AGENCY City of Los Angeles
CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise

CERTIFIED BUSINESS DESCRIPTION
Commodity Codes
Code Description
CA WCC I7336 COMMERICAL ART AND GRAPHIC DESIGN
CA WCC I8740 MANAGEMENT & PUBLIC RELATIONS
NAICS 541430 Graphic design services
NAICS 541611 Administrative Management and General Management Consulting Services NAICS 541613 Marketing consulting services
Additional Information
WORK DISTRICTS/REGIONS Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Ventura

CUCP PUBLIC DIRECTORY

CERTIFICATION NUMBER
36060
5/7/25, 1:53 PM B2Gnow
https://californiaucp.dbesystem.com 1/2
Certified Profile
Print
Business & Contact Information

BUSINESS NAME AIMTD LLC
OWNER Ms. Olga Polunin
ADDRESS 155 N. Riverview Dr. #100
Anaheim, CA 92808 [map]
PHONE 714-253-7888
EMAIL [email protected]
WEBSITE http://www.aimtd.com
ETHNICITY Caucasian
GENDER Female
COUNTY Orange (CA)
Certification Information
CERTIFYING AGENCY California Department of Transportation CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTIONPASSENGER TRANSPORTATION ARRANGEMENT; All Other Support Activities for Transportation
Commodity Codes
Code Description
CA WCC E4720 PASSENGER TRANSPORTATION ARRANGEMENT
NAICS 488999 All Other Support Activities for Transportation Additional Information
WORK DISTRICTS/REGIONS All work districts/regions

CUCP PUBLIC DIRECTORY

CERTIFICATION NUMBER
50339
This profile was generated on 5/7/2025
5/7/25, 1:52 PM B2Gnow
https://californiaucp.dbesystem.com 1/1
Certified Profile
Print
Business & Contact Information
BUSINESS NAME Katherine Padilla & Associates, (KPA), Inc, DBA Katherine Padilla & Associates (KPA), Inc
OWNER Ms. Katherine Padilla Otanez
ADDRESS 787 Merrett Drive
California
Pasadena, CA 91104-3324 [map]
PHONE 323-258-5384
EMAIL [email protected]
WEBSITE http://www.katherinepadilla.com
ETHNICITY Hispanic American
GENDER Female
COUNTY Los Angeles (CA)
Certification Information
CERTIFYING AGENCY Los Angeles County Metropolitan Transportation Authority CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTIONCommunity Outreach and Marketing Commodity Codes
Code Description
NAICS 541430 Graphic design services
NAICS 541611 Administrative Management and General Management Consulting Services NAICS 541613 Marketing consulting services
NAICS 541820 Public relations agencies
NAICS 541910 Marketing Research and Public Opinion Polling 5/7/25, 1:55 PM B2Gnow
https://californiaucp.dbesystem.com 1/2
Additional Information
WORK DISTRICTS/REGIONS Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Ventura

CUCP PUBLIC DIRECTORY

CERTIFICATION NUMBER
31053
This profile was generated on 5/7/2025
5/7/25, 1:55 PM B2Gnow
https://californiaucp.dbesystem.com 2/2
Proposal for the
Orangethorpe Avenue Complete Streets Planning Study
City of Buena Park – Public Works Department  TRCALAD007649.2025 A-7
J. FEE SCHEDULE (SEPARATE)
Per the City’s RFP , we have provided our fee schedule in a separate sealed envelope and as a separate PDF on PlanetBids.

APPENDIX - ADDENDUM ACKNOWLEDGEMENT
Issued: Monday, April 28, 2025

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

ORANGETHORPE AVENUE COMPELTE STREETS PLANNING STUDY
Note the following notes/changes:
• Request for Proposals (RFP) and Draft Professional Services Agreement (PSA) is amended and reinstated in regards to federal funding requirements and price negotiations. • Revised Online Questions & Answers due date:
o From April 28, 2025 at 3:00PM to May 1, 2025 at 3:00PM 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 Monday, April 28, 2025, and that all changes, additions, deletions, clarifications and corrections specified herein have been incorporated into my bid.

THIS ACKNOWLEDGMENT MUST BE SIGNED BY THE CONSULTANT AND RETURNED WITH THE PROPOSAL.
_______________ ________________________________________ Date: Consultant/Title
Srikanth Chakravarthy, PE, TE, Sr. Vice President
Kimley-Horn and Associates, Inc.May 8, 2025

The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc.,
protected under US copyright law.

Contact

SOWMYA CHANDRASEKHAR, PE, TE, PTOE
[email protected]
213.354.9400
1100 W Town & Country Road
Suite 700
Orange, CA 92868
www.kimley-horn.com

PAGE 24 OF 37

EXHIBIT A-2

[Consultant’s Fee Schedule behind this page]

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12 Prolect Administration and Development Team Meetings 30 4 30 20 84 $ 17,854 40 13 Extsting Conditions 20 B 20 10 80 136 $ 28,553 77
Task2 Stakeholder aml Public Engagemint- 54 7 20 80 141 $ 32,037.56 21 Outreach and Engagement Plan B 2 4 10 22 $ 4,832 37 22 Stakeholder Team Engagement 12 4 10 27 $ 6,281 12
23 Comdor Advisory Team Engagement 12 4 10 27 $ 6,281 12 24 School and Student Outreach Activities 12 4 10 27 $ 6,281 12 25 Online Outreach and Community Engagement 12 2 4 20 38 $ 8,361 84 Task 3 Equity and Displacement Ansilysis 8 4 12 , 24 . 46 $ 9,678.38 31 Equity and Displacement Analysis 6 4 12 24 46 $ 9,578 38 Task 4 Recommendations Development 2t 10 56 24 . 24 90 100 329 '$ 69,001.99 41 Recommendations Development 25 10 56 24 24 90 100 329 $ 69,001 99 Task 5 Implementation.Strategy 25 10 32 40 20 127 $ 31,325.60 51 Implementation Strategy 25 TO 32 40 20 127 $ 31,32560 Task 6 SummaryReport " 34 14 38 , 18 .. 92 60 20 274 $ 57,297.00 61 Drafl and Final Summary Repori 24 12 36 18 80 60 20 250 $ 51,73907 62 City Council Presentation 10 2 12 24 $ 5,557 93
""::Jbbg:'o ' . . . = - '. i.-' [%" yy_ tWWF tF2Y:!'\J";M !..r!M { k- h01l'X: z....,aa- ffl!a)W 4 < ' %, :.m...!ay io=ya.e ff..__..#7. 5. :T';.'aa Subtotal Labor: $85i887.29 }13i388.29 $36,949.40 - $4,782.54 $20,782.81 $10,512.72 $68,017.25 $31 ,260.98 """ '!$!i,6')1A1 ' $ 247,151.17 ffl
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$$ 59,094755 7500
$ 85,356 41
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Outside Printing/Courieir Sennces
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of Buena Park 2. Contract DBE Goal: 22%

3. Project Description: Orangethorpe Avenue Complete Streets Planning Study Federal Proiect No. STPLNI-531 0(046)

4. Project Location: Buena Park, California

5. Consultant's Name: Kimley-Horn and Associates, Inc. 6. Prime Certified DBE: [] 7. Total Contract Award Amount: TBD

8.TotalDollarAmountforALLSubconsultants: $100,377.61 9.TotalNumberofALLSubconsultants: 3

10. Description of Work, Service, or Materials
Supplied
11 . DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Grant Pursuit Support 36060
Advanced Avant-Garde Corporation
3670 W Temple Ave Ste. 278 Pomona CA
91768
Ms. Ana Marie Lenoue / 909-979-6586
$9,975.50
Mutli-modal Data Collection 50339

AIMTD LLC
155 N. Riverview Dr. #1 00 Anaheim, CA 92808
01ga Polunin/714-253-7888
$5,045.70
Stakeholder and Public Outreach 31053
Katherine Padilla & Associates (KPA), Inc
787 Merrett Drive Pasadena, CA 91104-3324
Katherine Padilla Otanez/323-258-5384
$85,356.41
Local Agency to Complete this Section
4 A TJThT AI PI AlaflCn rlOC D ADTlrlDATIJ%l
$100,377.61

20. Local Agency Contract
kli imhehr

21. Federal-Aid Project
Ni imhor ')0 000/_

22. Contract Execution
no+o'
&0.g? /O
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. f,/.-
/,i.
( '! ;""-> "" May 8, 2025

23. Local Agency Representative's Signature 24. Date 15. Pred- Signature 16. Date Srikanth Chakravarthy, PE, TE 213.261.4037

25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Senior Vice President

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency

2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

Page 1 of 2 ends

Buena Park City CouncilMay 27, 2025

Buena Park City Council
May 27, 2025