Agenda packet, regular meeting — Buena Park City Council, August 12, 2025 (part 3 of 4)

(c) The City Council has considered the Department Policy as an open session agenda item during a regular meeting and has allowed for public comment on the item in accordance with the Brown Act; and

(d) All other legal prerequisites to the City Council’s consideration and approval of the Department Policy by way of this Ordinance have been duly performed.

Section 2: Based on staff reports, presentations, public comments, and all other evidence presented to the City Council in connection with consideration of this matter, and in compliance with subsection (d)(1) of Section 7071 of the California Government Code, the City Council finds and declares that:

(a) The military equipment identified in the Department Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

(b) The Department Policy and military equipment identified therein will safeguard the public’s welfare, safety, civil rights, and civil liberties;

(c) To the extent the Department Policy provides for the purchase of military equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and,

(d) Prior military equipment use by the Department complied with the military equipment use policy that was in effect at the time, or to the extent prior uses did not comply with the accompanying military equipment use policy then in effect, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

(e) As a result of the foregoing, the City of Buena Park and Department have satisfied the conditions precedent under AB 481 to the City Council’s consideration and approval of the Department Policy by way of this Ordinance.

Section 3: Based on the findings and determinations set forth above, the City Council hereby approves the Department Policy as attached hereto, and in connection therewith the City Council directs and orders as follows:

(a) The Department Policy shall be made publicly available on the internet website of the Department for as long as the military equipment is available for use;

(b) The Department shall prepare and submit the annual military equipment report required by Section 7072 of the California Government Code to the City Council within one (1) year from the date of this Ordinance, and thereafter annually for as long as the military equipment is available for use;

(c) The City Council shall review this Ordinance at least once per calendar year at a regular meeting held pursuant to the Brown Act, at which time the City Council will consider the determinations required by subsection (e)(2) of Section 7071 of the California Government Code and vote on whether to renew this Ordinance.

Section 4: This Ordinance supersedes and replaces Ordinance No. 1707 and the military use policy attached thereto.

ORDINANCE NO. _______

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Section 5: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the Guidelines for the California Environmental Quality Act (“Guidelines”), in that it is an ordinance of general policy and procedure and does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”), and it has no potential for resulting in either a direct or reasonably foreseeable indirect physical charge in the environment.

Section 6: Severability. This City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action or competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

Section 7: Effective Date; Certification. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law.

PASS AND ADOPTED this __ day of August, 2025, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

___________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk 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 August 2025.

___________________________________
City Clerk

ORDINANCE NO. 1706

AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF

BUENA PARK, CALIFORNIA, ADOPTING A MILITARY

EQUIPMENT USE POLICY FOR THE BUENA PARK POLICE
DEPARTMENT IN COMPLIANCE WITH ASSEMBLY BILL 481
A. RECITALS
i) On September 30, 2021, California Governor Gavin Newsom signed into law Assembly Bill 481 ( " AB 481") relating to the use of military equipment by law enforcement agencies in the State of California;
ii) AB 481 ( codified at California Government Code sections 7070 through 7075) requires law enforcementagencies to obtain approvalfrom the applicable governingbody of a military equipment use policy as a condition precedent to taking certain actions relating to the funding, acquisition, or use of " military equipment," as the term " military equipment" is defined in California Government Code section 7070; and
iii) A legislative body approval of a military use policy must occur by ordinancethat is adopted at a regular meeting of the governing body held pursuant to Ralph M. Brown Act Government Code § 54950 et seq., the "Brown Act').

B. ORDINANCE

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

Section 1. Based on staff reports, presentations, public comments, and all other evidence presented to the City Council in connection with this consideration of this matter, the City Council finds and declares that:
a) Buena Park Police Department' s Policy 409 — Military Equipment Use ( the Department Policy ") attached hereto as Exhibit " A" meets and satisfies the requirements of subsection ( d) of Section 7070 of the Government Code; b) The City Council is the governing legislative body of the Buena Park Police Department ( " Department "), and the Department commenced the process for seeking the City Council's approvalof the DepartmentPolicyby submittinga proposedcopy thereofto the City CouncilduringitspublicmeetingheldonApril26, 2022, andthe proposedDepartmentPolicyhas been made available for public review and inspection on the Department' s internet website since April 27, 2022;
c) The City Council has considered the Department Policy as an open session agenda item during a regular meeting and has allowed for public comment on the item in accordance with the Brown Act; and
d) All other legal prerequisites to the City Council' s consideration and approval of the Department Policy by way of this Ordinance have been duly performed.

ORDINANCE NO. 1706

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Section 2. Based on staff reports, presentations, public comments, and all other evidence presented to the City Council in connection with this consideration of this matter, and in compliancewith subsection (d)(1) of Section7071of the GovernmentCode, the City Councilfinds and declares that:
a) The military equipment identified in the Department Policy is necessary because thereis noreasonablealternativethatcanachievethe sameobjectiveof officerandciviliansafety; b) The Department Policy and military equipment identified therein will safeguard the public' s welfare, safety, civil rights, and civil liberties; c) To the extent the Department Policy provides for the purchase of military equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and d) Prior military equipment use by the Department complied with the military equipmentuse policythat was in effectat the time, or to the extentprior uses did not complywith the accompanying military equipment use policy then in effect, corrective action has been taken to remedy nonconforming uses and ensure future compliance. e) As a result of the foregoing, the City of Buena Park and Department have satisfied the conditions precedent under AB 481 to the City Council' s consideration and approval of the Department Policy by way of this Ordinance.

Section 3. Based on the findings and determines set forth above, the City Council herebyapprovesthe DepartmentPolicyas attached hereto, and in connectiontherewiththe City Council directs and orders as follows:
a) The Department Policy shall be made publicly available on the internet website of the Department for as long as the military equipment is available for use; b) The Department shall prepare and submit the annual military equipment report required by Section 7072 to the City Council within one ( 1) year from the date of this Ordinance, and thereafter annually for so long as the military equipment is available for use; c) The City Council shall review this Ordinance at least once per calendar year at a regular meeting held pursuant to the Brown Act, at which time the City Council will consider the determinations required by subsection ( e)(2) of Section 7071 of the Government Code and vote on whether to renew this Ordinance.

Section 4. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the Guidelines for the California Environmental Quality Act ( " Guidelines "), in that it is an ordinance of general policy and procedure and does not constitute a "project" within the meaning of the California Environmental Quality Act ( " CEQA "), and it has no potential for resulting in either a direct or reasonably foreseeable indirect physical charge in the environment.

Section 5. SEVERABILITY. This City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by anyfinal court action or competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

ORDINANCE NO. 1706

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Section 6. EFFECTIVE DATE; CERTIFICATION. This Ordinance shall take effect 30 daysafteris passageandadoptionpursuantto GovernmentCodesection36937. TheCityClerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law.

PASSAND ADOPTEDthis 14thday of June, 2022, by the following calledvote:

AYES: COUNCILMEMBERS: Brown, Traut, Sonne, Swift, Park
I, AdriaM. Jimenez, MMC, CityClerkof the Cityof BuenaPark, California, do hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meetingof the City Councilof the City of BuenaPark heldon the 14thday of June2022.

City Clerk
CATEGORY 1: UNMANNED, REMOTELY PILOTED AERIAL OR

GROUND VEHICLES

The Buena Park Police Department utilizes small unmanned aerial systems (UAS) and unmanned ground vehicles to enhance the Department’s mission of protecting lives and property.

Unmanned Aerial Systems (UAS)
Description: Unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, including the attached systems that are designed for gathering information through imaging, recording, or by any other means.

Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to major collision investigations, search for missing persons, natural disaster management, crime scene photography, Special Weapons and Tactics (SWAT) Team deployments, tactical or other public safety and life preservation missions, or in response to specific requests from local, state or federal fire authorities for fire response and/or prevention
Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the below-listed UAS equipment during approved missions.

Training: The Federal Aviation Administration licenses all Department UAS operators for UAS operation. In addition, each operator must attend ongoing monthly training.

Legal and Procedural Rules: Use is established under BPPD Policy § 460 and FAA Regulation 14 CFR Part 107. It is the Department’s policy to use UAS only for official law enforcement purposes and in a manner that respects the privacy of our community

DJI Matrice 350 RTK
Manufacturer: DJI
Description: The DJI Matrice 350 RTK offers a H30T 34x optical zoom / 400x digital zoom / 1280x712 radiometric thermal / 3000 - meter laser range finder/night vision. Speed: 53 MPH, weighs 3.77 kg with approximately 55 minutes of flight time.

Quantity: 1
Cost: $30,000 per unit
Annual Maintenance: $650 per unit
Lifespan: 3-5 years
(Photo and description source: www.DJI.com)

CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 08/08/2023 10/02/2024 10/02/2025

BUENA PARK POLICE DEPARTMENT GENERAL ORDERS

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GO 409 – Military Equipment Use 1

POLICY 409 MILITARY EQUIPMENT USE

409.1 PURPOSE AND SCOPE
This policy establishes guidelines for the acquisition, funding, use , and reporting of “military equipment,” as the term is defined in California Government Code (CGC) § 7070. This policy fulfills the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.

409.1.1 ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 4.1.4, 4.3.1, 41.1.3

409.1.2 DEFINITIONS
Governing Body: The elected or appointed entity that oversees the Buena Park Police Department, in this case, the City Council.

Military Equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long -range acoustic devices (LRADs).
• Kinetic energy weapons and munitions, including specialty impact munition (SIM) weapons. • Any other equipment as determined by a governing body or a state agency to require

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1 08/08/2023 10/02/2024 10/02/2025

BUENA PARK POLICE DEPARTMENT GENERAL ORDERS

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GO 409 – Military Equipment Use 2

additional oversight.

409.2 POLICY
It is the policy of the Buena Park Police Department that there are in place legally enforceable safeguards, including transparency, oversight, and accountability measures, to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

409.3 PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may affect the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should seriously consider the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.

409.4 PROCEDURE
The Department shall obtain approval of the City Council (the governing body) annually prior to engaging in any of the following activities:

a) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
b) Seeking funds, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers of military equipment.
c) Acquiring military equipment, either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the Buena Park city limits.
e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council pursuant to Department policy. f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

In seeking the City Council’s approval, the Department shall submit a proposed military equipment use policy, or subsequent amendments, directly to the City Council , and to the public via the Department’s public website, at least 30 days prior to any public hearing concerning the military equipment at issue.

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1 08/08/2023 10/02/2024 10/02/2025

BUENA PARK POLICE DEPARTMENT GENERAL ORDERS

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GO 409 – Military Equipment Use 3

409.4.1 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:

a) Necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety.
b) Reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Department employee s shall use m ilitary equipment only after completing applicable training, including any course required by the Commission on Peace Officer Standards and Training (POST), unless exigent circumstances arise.

409.4.2 MILITARY EQUIPMENT REPORTING MANDATES
The military equipment use reporting procedure is as follows:

a) When any “Military Equipment” is used as defined by CGC § 7070, subsections (c)(1) through (c)(16), the officer using the equipment shall report the use to a sergeant. b) The sergeant is required to complete a “Military Equipment Use” form and forward it to the Watch Commander.
c) The Watch Commander shall review the form, scan it, then forward it to the Professional Standards Sergeant.
d) The Professional Standards Sergeant shall compile all uses of military equipment and forward to the SWAT Commander on a quarterly basis.
e) The SWAT Commander shall write a quarterly memorandum and forward it up the chain of command detailing the number of uses and type of equipment used.

The Department shall submit an annual military equipment report to the City Council that addresses each type of military equipment possessed by the Department.

The Department shall also make each annual military equipment report publicly available on its website for as long as the military equipment is available for use.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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GO 409 – Military Equipment Use 4

e) The quantity of each type of military equipment the Department possesses. f) Whether the Department intends to acquire additional military equipment, and the quantity and type of equipment sought.
g) Within 30 days of deploying any new equipment, the Department shall publicly release an updated military equipment use policy.
h) The Department shall hold at least one well -publicized and conveniently located community engagement meeting at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.

409.4.3 CATALOGING OF MILITARY USE EQUIPMENT
The Department shall catalog a ll applicable on-hand military equipment in a way that addresses each of the following requirements:

a) The manufacturer’s description of the equipment
b) The capabilities of the equipment
c) The purposes and authorized uses for which the Department proposes to use the equipment
d) The expected lifespan of the equipment
e) The fiscal impact of the equipment, both initially and for ongoing maintenance f) The quantity of the equipment, whether maintained or sought

Attachment 1 contains an example of such a catalog.

409.4.4 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department’s needs. When approved by the Chief of Police or designee, the Department is authorized to acquire additional stock s of items listed here from other law enforcement agencies or the California Governor’s Office of Emergency Services during an emergency.

409.4.5 MILITARY EQUIPMENT USE BY OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their re spective military equipment use policies in rendering mutual aid.

409.5 COMPLIANCE
The Department Inspections and Standards Team (IST) will ensure that all Department members comply with this policy. The IST will conduct an annual audit with the assistance of the Professional

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GO 409 – Military Equipment Use 5

Standards Unit. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit for review. All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Department’s Professional Standards Unit. The Department shall complete a response to the question or concern in a timely manner.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with BPPD Policy § 1020, Personnel Complaints.

409.6 FUNDING
The Department shall seek City Council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.

The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable.

409.7 MILITARY USE EQUIPMENT
Attachment 1 lists all military equipment (as defined by CGC § 7070) owned or used by the Department.

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1 08/08/2023 10/02/2024 10/02/2025

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GO 409 – Military Equipment Use 6

Attachments

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1 08/08/2023 10/02/2024 10/02/2025

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GO 409 – Military Equipment Use 7

ATTACHMENT 1: MILITARY EQUIPMENT

Unmanned Aircraft System (UAS) . An unmanned aircraft along with the associated equipment necessary to control it remotely.

a) Description:

1. DJI Mavic Mini. Cost: $500 each. Quantity: 2. Capable of video recording. Miniature UAS weighs approximately 249 grams with approximately 30 minutes of flight time.

2. DJI Avata. Cost: $ 1,500 each. Quantity: 2. Compact and lightweight, the UAS is able to access tight spaces. Weighs 410 grams with approximately 18 minutes of flight time.

3. DJI Mavic 2 Zoom. Cost: $2,000 each. Quantity: 1. UAS with a single-color camera, zoom capabilities, speaker, and spotlight. Capable of video recording . Weighs approx. Weighs 899 grams with approximately 30 minutes of flight time.

4. DJI Mavic 2 Enterprise Dual. Cost: $2,000 each. Quantity: 1. UAS has a color and infrared camera as well as an audible speaker and spotlight. Capable of video recording. Weighs 899 grams with approximately 30 minutes of flight time.

5. DJI Mavic 2 Enterprise Advanced. Cost: $7,000 each. Quantity: 2. UAS offers infrared and visible light imaging simultaneously. Weighs 909 grams with approximately 31 minutes of flight time.

6. DJI Matrice 350 RTK. Cost: Approximately $30,000 each. Quantity: 1. UAS offers an H30T 34x optical zoom / 400x digital zoom / 1280x712 radiometric thermal / 3000-meter laser range finder / night vision. Speed: 53 MPH, weight of 3.77 kg and a 55-minute flight time.
b) Purpose: To be deployed when an aerial viewpoint would assist officers or incident commanders during various situations, which include but are not limited to:

1. Major collision investigations

2. Search for missing persons

3. Disaster management

4. Crime scene photography

5. SWAT, tactical or public safety, and life preservation missions

6. In response to specific requests from local, state, or federal fire authorities for fi re response and/or preservation

7. Fully antonymous flights without visual observer(s)

8. Improve response times

9. Situational awareness

10. Assist with and/or clear calls for service for patrol personnel

c) Authorized Use: Only assigned operators who have completed the required training may operate any UAS during approved missions.

d) Expected Life Span: 3-5 years.

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1 08/08/2023 10/02/2024 10/02/2025

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GO 409 – Military Equipment Use 8

e) Fiscal Impact: Annual maintenance and battery replacement are approximately $5,600 for current inventory , with the exception of the Matrice M350 RTK (16 batteries and maintenance is included in DFR package, annually).

f) Training: The Federal Aviation Administration licenses all Department UAS operators for UAS operation. In addition, each operator must attend ongoing bi-monthly training.

g) Legal and Procedural Rules : Use is established under BPPD Policy § 460 and FAA Regulation 14 CFR Part 107. It is the Department’s policy to use UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Armored Vehicles. The armored vehicle is equipped to respond to critical incidents in which the need for additional armor and/or immediate rescue exists.

a) Description:

1. Lenco Bearcat G2. Cost: $250,304.00. Quantity: 1. The Lenco Bearcat G2 is an armored vehicle that seats 10 -12 personnel with an open floor plan that allows for rescue of downed personnel. It can stop various projectiles, providing greater safety to community members and officers beyond the protection level of a shield and personal body armor.

b) Purpose: Used to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

c) Authorized Use: The SWAT Commander, a Watch Commander, or Field Supervisor may authorize use of the armored vehicle during emergency situations. The SWAT Team is the armored vehicle’s primary user; however, it is available for all sworn peace officers to use.

Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

d) Lifespan: Lenco Bearcat model G2 lifespan is approximately 25 years.

e) Fiscal Impact: Annual maintenance is approximately $1,500.

f) Training: Training will be provided to all sworn Department officers, covering tactics and safety involved with deploying the armored vehicle.

Legal and Procedural Rules : Use is established under BPPD Policy § 707.6.2. It is the Department’s policy to use the armored vehicle only for official law enforcement purposes and pursuant to state and federal law.

SWAT Truck: The SWAT truck is equipped to respond to critical incidents where the need for the SWAT Team exists or where additional police resources are needed. The SWAT truck is primarily

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1 08/08/2023 10/02/2024 10/02/2025

BUENA PARK POLICE DEPARTMENT GENERAL ORDERS

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GO 409 – Military Equipment Use 9

used by the SWAT Team; however, it is available for all sworn peace officers to use.

a) Description:

1. 1999 Ford F350. Cost: $30,000. Quantity: 1. The SWAT Truck is used primarily as a cargo vehicle to carry a variety of equipment to assist officers in the field with critical, unusual, or extended incidents.

b) Purpose: The SWAT Truck is used primarily as a cargo vehicle to carry a variety of equipment to assist officers in the field with critical, unusual, or extended incidents. A list of all items stored on the SWAT truck is maintained in the vehicle. The SWAT truck shall not be used as a pursuit vehicle.

c) Authorized Use: All sworn peace officers are permitted to operate the SWAT truck. All other Department employees shall receive authorization from the SWAT Commander, Watch Commander, or Field Supervisor to operate the SWAT truck. While on location, a Department employee shall staff the SWAT truck at all times to provide vehicle security.

d) Lifespan: The SWAT Truck has a lifespan of approximately 100,000 miles.

e) Fiscal Impact: Annual maintenance cost is approximately $1,000.

f) Training: The SWAT Commander, or his/her designee, shall have the primary responsibility of ensuring that sworn peace officers are familiar with the operation of the SWAT truck and the equipment carried on the truck. Training is not specialized.

g) Legal and Procedural Rules: It is the responsibility of the SWAT truck driver to operate the vehicle safely, with due regard for other vehicles, obstructions, and pedestrians at all times.

The vehicle shall be operated in accordance with the California Vehicle Code at all times.

It is the responsibility of the driver to report any damage or equipment malfunction to the SWAT Commander.

Mobile Command Post Vehicle ( MCP). A vehicle -based mobile office that provides shelter, access to Department computer systems, radios, maps, and a power supply.

a) Description:

1. 2016 Chevrolet Suburban. Cost: $100,000. Quantity: 1. The MCP Vehicle can also be u sed for SWAT/ Crisis Negotiating Team ( CNT) and other critical incidents, planned large events, searching for missing persons, natural disasters, and community events.

b) Purpose: To be used based on the specific circumstances of a given critical incident, large event, disaster, or community event. The MCP is specially equipped as a command post for field operations and special events. It brings a number of resources to the scene , including but not limited to radios, satellite telephone, electronics, forms, etc.

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GO 409 – Military Equipment Use 10

c) Authorized Use: The Watch Commander may authorize the use of the MCP for emergency situations. The Watch Commander shall be the primary contact for the deployment of the MCP on non-emergency field operations and special events.

d) Lifespan: The MCP has a 10-year lifespan on chassis and vehicle structure.

e) Fiscal Impact: Annual maintenance cost is approximate $2,000.

f) Training: A sergeant knowledgeable in the operation of the MCP will be assigned responsibility for the vehicle as a collateral duty. The sergeant shall have the primary responsibility of ensuring that supervisors are familiar with the equipment. Training is not specialized.

g) Legal and Procedural Rules : Use is established under BPPD Policy § 707.5. It is the Department’s policy to use the MCP only for law enforcement purposes and in accordance with California state law regarding the operation of motor vehicles.

Rapid Response Vehicle (RRV) : The Rapid Response Vehicle is a modified patrol vehicle designed to respond to an incident where the need for specialized tactical equipment exists. The RRV is part of the patrol vehicle fleet, equipped with a single -prisoner transport enclosure and various tactical equipment commonly used by SWAT.

a) Description: 2020 Ford Explorer. Cost: $60,000. Quantity: 1. The RRV can be utilized for a standardized patrol and SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

b) Purpose: To be used based on the specific circumstances of a critical incident, large event, disaster, or community event. The RRV is specially equipped with the ability to carry various tools and equipment used in SWAT operations and other incidents. It brings a number of resources to the scene, including but not limited to radio, computers, lethal and less-than-lethal weapons platforms, breaching equipment, protective gear, etc.

c) Authorized Use: The RRV should be strategically assigned to patrol personnel to ensure optimal availability. In all instances, SWAT personnel should be the primary operators of the RRV for routine patrol.

d) Lifespan: The RRV has a 5-year lifespan on the chassis and vehicle structure.

e) Fiscal Impact: Annual maintenance cost is approximately $3,500.

f) Training: SWAT personnel proficient in the operation of the RRV shall have the primary responsibility of ensuring that sworn peace officers are familiar with the vehicle and supporting equipment. Training will be provided to sworn personnel on the additional tactical equipment along with deployment considerations.

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g) Legal and Procedural Rules: It is the Department’s policy that the driver is responsible for operating the vehicle safely, with due regard for other vehicles, obstructions, and pedestrians at all times. The vehicle shall be operated in accordance with the California Vehicle Code at all times.

Crisis Negotiation Team (CNT) Vehicle . Vehicle used as a mobile office and workspace that provides shelter and access to the Police Department computer system s and storage of CNT equipment.

a) Description:

1. 2005 Black Chevrolet Tahoe. Cost: $35,000.00. Quantity: 1. The CNT vehicle can be used with SWAT/CNT callouts.

b) Purpose: This vehicle is used for critical incident callouts.

c) Authorized Use: The vehicle is used by officers assigned to the CNT team and have been trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s license.

d) Lifespan: The CNT vehicle has a lifespan of approximately 100,000 miles.

e) Fiscal impact: Annual maintenance cost is $1,000.

f) Training: Quarterly SWAT training days and SWAT callouts.

g) Legal and Procedural Rules: It is the Department’s policy to use the command post vehicle only for law enforcement purposes and in accordance with California state law regarding the operation of motor vehicles.

40mm Tactical Launchers. Department personnel use 40mm launchers as a less -lethal tool to launch impact rounds.

a) Description:

1. Combined Systems 40mm Single-Shot Launcher, #L140-1. Cost: $1,058. Quantity:
up to 2, designed for riot and tactical situations.

2. Combined Systems 40mm Tactical 6 -Shot Launcher , #L640 -1. Cost: $3,300.

Quantity: up to 2, designed for riot and tactical situations.

b) Purpose: To deliver less-lethal munitions and chemical agents during high-risk operations.

c) Authorized Use : 40mm Tactical Launchers shall only be used by trained officers in a manner consistent with Department policy and training.

d) Training: Sworn members using 40mm less-lethal chemical agents or impact rounds are trained in their use by POST-certified less-lethal and chemical-agents instructors.

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e) Lifespan:

1. Combined Systems #L140: 25 years.

2. Combined Systems #L640: 15 years.

f) Fiscal Impact: Annual maintenance is approximately $30 for each launcher.

g) Legal and Procedural Rules : Use is established under BPPD Policy § 308. It is the Department’s policy to use the 40mm launcher only for official law enforcement purposes pursuant to state and federal law, including those regarding the use of force.

40mm Rounds. Department personnel use 40mm less-lethal and chemical agents.

a) Description:

1. Defense Technology 40mm Exact Impact Sponge , #6325. Cost: $23. Quantity: up to 200. Lightweight, high-speed projectile consisting of a plastic body and sponge nose.

2. Defense Technology 40mm Direct Impact OC Crushable Foam Sponge, #6320.

Cost: $23. Quantity: up to 20. Extended range round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload area holds inert OC powder.

3. Defense Technology 40mm Direct Impact Marking Crushable Foam Sponge, #6326.

Cost: $23 Quantity: up to 20. Extended range round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload area holds inert marking powder.

4. Defense Technology 40mm Skat Shell CS Multiple Projectile Round, #6172. Cost:
$35. Quantity: up to 15 Skat Shell munitions launch multiple small pyrotechnic projectiles to allow CS agents to be deployed in multiple locations.

5. Defense Technology Ferrett 40mm Liqui d Barricade Penetrator Round, #1 262.

Cost: $25. Quantity: up to 50. A less-lethal 40mm round used to penetrate barriers, such as windows, hollow-core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

6. Defense Technology Ferrett 40mm Practice Round, #1263. Cost: $26. Quantity:
up to 30. 40mm inert round for training.

7. Defense Technology Spede -Heat CS 40mm Long -Range Munition, #6182. Cost:
$27. Quantity: up to 35. Pyrotechnic round designed for outdoor use in crowd-control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds from a single source.

b) Purpose: To deliver less-lethal munitions and chemical agents during high-risk operations.

c) Authorized Use: 40mm tactical munitions shall only be used by trained officers in a manner consistent with Department policy and training.

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d) Training: Sworn members using 40mm less -lethal chemical agents or impact rounds are trained in their use by POST-certified instructors.

e) Lifespan: Up to 5 years.

f) Fiscal Impact: Annual costs varies based on the number of rounds needed.

Less Lethal Shotgun: The Less-Lethal Shotgun is used to deploy the less-lethal 12-Gauge Drag- Stabilized Less-Lethal Round.

a) Description:

1. Remington 870 Less -Lethal Shotgun. Cost: $600, Annual maintenance: $20 per shotgun. Quantity: 35. The Remington 870 pump-action shotgun manufactured by Remington Arms Company, LLC. The shotgun is specifically marked with gray - colored butt stocks and forends in a manner that makes them readily identifiable as less-lethal weapons.

2. Combined Tactical Systems 12-Gauge Super-Sock Beanbag Round, #2581. Cost:
$7. Quantity: up to 200. The Super-Sock is in its deployed state immediately upon exiting the barrel. An aerodynamic projectile that is accurate with an effective range of 75 feet.

b) Purpose: Kinetic energy projectile launcher for 12 gauge less-lethal ammunition.

c) Authorized Use : The less -lethal shotgun can assist officers in controlling a violent or potentially violent individual with less likelihood of serious injury to both the subject and involved officers.

d) Lifespan

1. Remington 870 Less-Lethal Shotgun: 25 years.

2. 12-Gauge Drag-Stabilized Round: 5 years.

3. 12-Gauge Super-Sock Round: 5 years.

e) Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.

f) Training: All officers undergo in-service training in the 12-gauge less-lethal shotgun as a force option by POST-certified less-lethal instructors.

g) Legal and Procedural Rules: Use is established under BPPD Policies § 300 and 312. It is the Department’s policy to u se the less -lethal shotgun only for official law enforcement purposes pursuant to state and federal law, including those regarding the use of force.

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Specialty Impact Munitions (SIM). A non-lethal training ammunition used by law enforcement agencies worldwide to deliver more realistic firearms training.

a) Description:
1) Force on Force Simunition 5.56mm Marking Cartridges. Cost: $ 1. Quantity: up to 1,000. Force on Force marker rounds boast superior performance, signature marking and reliable ballistics.
2) Force on Force Simunition 9mm Marking Cartridges. Cost: $ 1. Quantity: up to 500.

Force on Force marker rounds boast superior performance, signature marking and reliable ballistics.

b) Purpose: The cartridges meet the need for a force-on-force training system that is realistic, effective, inexpensive, adaptable, and fully portable.

c) Authorized Use: Cartridges shall be used by officers trained in its deployment and in a manner consistent with Department policy and training.

d) Lifespan: Indefinite.

e) Fiscal Impact: Annual maintenance: $0

f) Training: Cartridges shall be used by officers trained in its deployment and in a manner consistent with Department policy and training.

Legal and Procedural Rules: The Department will only use specialty impact munition (SIM) weapons for official law enforcement purposes and pursuant to State, Federal law, and applicable Department policy.

Light, Sound, and Diversionary Device. A device that produces a high amount of light and sound when deployed.

a) Description:

1. Combined Tactical Systems 7290-2 Flash-Bang. Cost: $72.00. Quantity: up to 12.

This device is a noise flash diversionary device (NFDD). This NFDD is a non - bursting, non-fragmenting multi-bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

2. Combined Tactical Systems 7290M Mini Flash-Bang. Cost: $50.00. Quantity: up to

6. The Model 7290M Flash -Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. This device is a noise flash diversionary device (NFDD). This NFDD is a non -bursting, non-fragmenting multi- bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, roo m entry, or other high-risk arrest situations.

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b) Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short -term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

c) Authorized Use: Diversionary devices shall only be used:

1. By officers who have been trained in their proper use.

2. In hostage and barricaded subject situations.

3. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

4. During other high-risk situations where their use would enhance officer safety.

5. During training exercises.

d) Lifespan: Until used.

e) Fiscal Impact: No annual maintenance.

f) Training: Prior to use, officers must attend divisionary device training conducted by POST- certified instructors.

g) Legal and Procedural Rules : Use is established under BPPD Policy § 300. It is the Department’s policy to u se diversion devices only for official law enforcement purposes pursuant to state and federal law regarding the use of force.

Rifles: Firearms that are fired from shoulder level, having a long, spiral-grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

a) Description:

1. Remington Model 700, Cost: $1,100.00. Quantity: 2; Bell and Carlson M40 Tactical Stock, Aluminum bedding block for added accuracy, bolt action, 26” heavy contour barrel with a stainless finish, perfectly matched to its high-velocity caliber offerings, .308 Caliber Ammunition. It is a long -barreled rifle that allows a specifically trained officer the ability to accurately fire a lethal option from a greater distance than any standard rifle. Used and maintained by specifically trained Individuals on the Special weapons and tactics team.

2. Sig Sauer 716 Designated Marksman rifle. Cost: $1,600.00. Quantity: 2; Telescopic stock, 18-inch heavy match barrel, .308 caliber ammunition. The Sig Sauer 716 is a long-barreled rifle that allows a specifically trained officer to accurately fire a lethal option from a greater distance than any standard rifle. Used and maintained by specifically trained SWAT individuals.

3. Colt Model M4, 5.56MM, 10.5” barrel. Cost: $1,250.00 Quantity: 17. The M4 can be comfortably carried, yet be instantly available to provide the level of firepower, dependability, and accuracy of a 5.56mm rifle . The Colt M4 is the only 5.56mm carbine in the world today that is manufactured to meet or exceed the stringent performance specifications (MILSPEC) required for acceptance and use by the U.S.

Armed Forces.

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4. Colt Model AR-15, 5.56MM, 16.1” Barrel, Cost: $1500.00. Quantity: 54, The Colt® AR-15 Tactical Carbine fires an intermediate-power cartridge (.223 Remington/5.56 NATO) which is more powerful than a standard pistol but less powerful than a standard rifle. It is a medium -barreled rifle that allows a specifically trained officer better control inside and outside of structures and armored/patrol vehicles with greater accuracy than a handgun.

5. Heckler & Koch MP-5 9mm Rifle, Cost: $1,000. Quantity: 5, a standard submachine gun with a fixed stock, small composition of 10” in length, 8.85” barrel which fires a 9mm pistol round. This weapon system is more powerful than a standard pistol but less powerful than a standard rifle. It is a short -barreled, short weapon system that allows a specifically trained officer better control inside of structures and armored vehicles with greater accuracy than a handgun.

6. Heckler & Koch MR223A3 Semi-Auto Rifle, Cost: $1200.00. Quantity: 4, 14.5” rifle that fires an intermediate -power cartridge (.223 Remington/5.56 NATO) which is more powerful than a standard pistol but less powerful than a standard rifle. It is a medium-barreled rifle that allows a specifically trained officer better control outside of structures and armored vehicles with greater accuracy than a handgun and a short-barreled rifle.

7. Glock 20 10mm a utomatic pistol. Cost: $600.00. Quantity: 1. fires a gas -powered (10mm) which is comparable to a 40 caliber round. This firearm is specifically designed for full auto capability firing 15 rounds per magazine. It is a firearm that allows a specifically trained Swat operator the capability of caring a full auto handgun while carrying a semi -auto capable rifle for specific situations such as Hostage Rescue, Active Shooter, etc.

b) Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances as a handgun, if present and feasible.

c) Authorized Use: Only POST-certified employees are authorized to use a rifle.

d) Lifespan

1. Remington Model 700 – 15 years.

2. Sig Sauer 716 DMR - 15 years.

3. Colt M-4 Carbine Rifle - 15 years.

4. Colt AR-15 Carbine Rifle – 15 years

5. Heckler & Koch MP-5 - 15 years.

6. Heckler & Koch MR223A3: 20 years.

7. Glock 20 10mm Auto - 15 years.

e) Fiscal Impact: Annual maintenance is approximately $50 for each rifle.

f) Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

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g) Legal and Procedural Rules: Use is established under General Order 312.3. It is the policy of the BPPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

a) Description:

1. Defense Technology Triple-Chaser Separating CS Canister , #1026. Cost: $52.00.

Quantity: up to 10. The Triple -Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart , allowing increased area coverage. This canister can be hand -thrown or launched from a fired delivery system. The canister is 6.5” by 2.7” and holds approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

2. Defense Technology Flameless Tri -Chamber CS Grenade , #1032. Cost: $35.00.

Quantity: up to 20 (phasing out). The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a ba rricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The CS Grenade can be used in crowd co ntrol as well as tactical deployment situations by law enforcement and corrections personnel but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the CS Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The CS Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.

3. Combined Tactical Systems CS Baffled Canister Grenade, #5230b. C ost: $ 49.

Quantity: up to 10. The pyrotechnic grenade is designed for indoor use delivering a maximum amount of CS (2 -chlorobenzylidene malononitrile) irritant smoke throughout multiple rooms with minimal risk of fire.

4. Defense Technology Maximum HC Black Smoke Military-Style Canister , #1083 .

Cost: $ 52.00. Quantity: up to 10. The military-style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade. It is a slow-burning, high- volume, continuous -discharge grenade designed for outdoor use in crowd management situations. Emits grey -white smoke only for approximately 1.5 to 2 minutes.

5. Defense Technology Military -Style Saf -Smoke Grenade, #1063. Cost: $ 32.

Quantity: up to 4. Saf-Smoke Grenade was designed for training. The formulation is considered to be less toxic than Hexachloroethane (HC) smoke . Emits Saf - Smoke for only 20-4- Seconds.

6. Defense Technology Triple -Chaser Separating Saf -Smoke, #1027. Cost: $ 52.

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Quantity: up to 8. The Triple-Chaser Saf-Smoke consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart , allowing increased area coverage. This canister can be hand -thrown or launched from a fired delivery system. The canister is 6.5” by 2.7” and holds approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

7. Defense Technology Pocket Tactical Saf-Smoke, #1017. Cost: $ 28. Quantity: up to 15. Pocket Tactical Saf -Smoke is small, and lightweight. It is normally used as a signaling or covering device. It is slightly over 4 inches and has an approximate burn time of 20-40 seconds.

8. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, #1072.

Cost: $33.00. Quantity: up to 10. The Spede-Heat™ CS Grenade is a high-volume continuous burn that expels its payload in approximately 20 -40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 ” by 2.62” and holds approximately 2.9 oz. of the active agent.

9. Defense Technology CS Pocket Tactical Grenade , #1016, Cost: $28.00, Quantity:
up to 20. The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

10. Defense Technology CS Instaneous Blast #1042, Cost: $28.00. Quantity: up to 8.

The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined grooves on the outside surface.

This device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind to the advantage. This 6.12 in. by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent.

b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

c) Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
d) Training: Sworn members utilizing chemical agent canisters are certified by POST less - lethal and chemical-agents instructors.

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e) Lifespan: 5 years from manufacturing date.

f) Fiscal Impact: No annual maintenance.

g) Legal and Procedural Rules: Use is established under the BPPD Policy § 308.6. It is the Department’s policy to u se chemical agents only for official law enforcement purposes pursuant to state and federal law, including those regarding the use of force.

Breaching Tools: Tools used to gain access to an objective through an obstruction.

a) Description:

1. Royal Remington 870 Breaching Shotgun . Cost: $500. Quantity: 1. This weapon allows for breachers to safely u se shotgun breaching rounds to defeat deadbolts, locks, and hinges. The standoff that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. A less -lethal 2.7 ” 12-gauge shotgun round firing a frangible compressed zinc slug at a velocity of 270-290 fps.

2. Defense Technology 12 Gauge 375 Grain Zinc Frangible Breaching Round , Cost:
$7 per cartridge, Quantity: up to 50. The round is fired from a breaching shotgun and is used to defeat deadbolts, locks, and hinges.

b) Purpose: To safely gain entry into a structure.

c) Authorized Use: Breaching may only occur after authorization by the SWAT Team Leader in the field and training exercises. Additionally, the breaching operator must be trained on assigned equipment.

d) Lifespan:

1. Breaching Shotgun: 25 years.

2. Defense Technology #22TKO frangible rounds: 5 years.

e) Fiscal Impact: Annual maintenance is approximately $30.

f) Training: All operators who use breaching tools shall attend a 40 -hour breaching school and additionally receive monthly training.

g) Legal and Procedural Rules: It is the Department’s policy to use breaching tools only for official law enforcement purposes pursuant to state and federal law.

PepperBall Launcher: A device that discharges irritant projectiles.

a) Description:

1. PepperBall VKS Carbine. Cost: $1,300. Quantity: 1. The Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a dual-feed system that offers the

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ability to quickly switch between hopper mode and magazine mode for optimum versatility.

2. PepperBall FTC. Cost: $1,100. Quantity: 2. FTC is a high-capacity, semi-automatic launcher designed for crowd management and mobile field force operations.

Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

3. PepperBall Live-X Projectile. Cost: $3 per projectile . Quantity: 1000. The Live projectile contains a concentrated amount of PAVA pepper powder. One round of Exhibit A Live-X contains the equivalent to 10 PepperBall rounds. Discharged from a PepperBall launcher, the projectile has a velocity of 280 -350 fps. The projectile has a direct impact of 60 feet and an area of saturation of 150+ feet. The projectile contains 5% PAVA powder.

4. PepperBall VXR Live-X Projectile. Cost: $3 per projectile . Quantity: 50. The VXR Live-X Projectile is a non -lethal round. The projectile contains approximately 10 times the PAVA of the VXR Live projectile. This projectile is best for direct impact or area saturation. Discharged from a PepperBall launcher, the projectile has a velocity of 280 -425 fps. The projectile has a direct impact of 150 feet and an area of saturation of 390+ feet. The projectile contains 2.5% PAVA powder.

1. Self-destructive, dangerous, and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

c) Authorized Use : Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.

d) Training: PepperBall projectiles are only deployed by police officers who have successfully graduated from a California POST -certified police academy. Additionally, those officers have been assigned to the department's SWAT team and have received formalized training in their use.

e) Fiscal Impact: Annual maintenance is approximately $30.

f) Lifespan:

1. PepperBall VKS Carbine: 20 years.

2. PepperBall FTC Launcher: 20 years

3. PepperBall Live-X Projectile: 3 years.

4. PepperBall VXR Live-X Projectile: 3 years.

g) Fiscal impact: Annual maintenance is approximately $50 for each PepperBall launcher.

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h) Legal and Procedural Rules : Use is established under BPPD Policy § 409. It is the Department’s policy to use PepperBall only for official law enforcement purposes pursuant to state and federal law, including those regarding the use of force.

August 12, 2025

NEW BUSINESS
Item No. 5A.

City Council Agenda Report
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 25-02 WITH STANTEC CONSULTINGSERVICES INC., FOR DESIGN SERVICES FOR THE DALE/WHITAKER COMPLETE STREETS PROJECT ANDPSA NO. 25-20 WITH STANTEC CONSULTING SERVICES INC., FOR DESIGN SERVICES FOR THEWHITAKER STREET REHABILITATION PROJECT

PREPARED BY PRESENTED BY
Norm Wray, Senior Engineering Technician Norm Wray, Senior Engineering Technician

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Aaron France, City Manager Aaron France, City Manager

RECOMMENDED ACTION
1) Approve Amendment No. 1 to a Professional Services Agreement with Stantec Consulting Services Inc., for design services for the Dale/Whitaker Complete Streets Project; 2) Approve PSA No. 25-20 with Stantec Consulting Services Inc., for design services for the Whitaker Street Pavement Rehabilitation Project; 3) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreements; 4) Authorize the City Manager and City Clerk to execute the agreements; and, 5) Authorize a budget allocation in the amount of $20,000 from the undesignated Gas Tax Fund balance for the Dale/Whitaker Complete Streets Project.

PREVIOUS CITY COUNCIL ACTION
City Council awarded PSA 25-02 to Stantec Consulting Services Inc., on January 14, 2025. The PSA is for the development of Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project.

DISCUSSION
Stantec Consulting Services Inc. (Stantec) has been working with staff on the creation of the Plans, Speciﬁcations, and Estimates (PS&E) for the Dale/Whitaker Complete Streets Project since the contract was awarded (“Complete Streets Project”). The Complete Streets Project consists of construction of Class IV and Class II bikeways, continental crosswalks, enhanced pavement markings, traﬃc calming features, and upgraded bus stop amenities.

In working through the project design, staff identiﬁed two additional elements required for successful project completion that were not included in the original scope:

1. Integration of a bus turnout on Dale Street adjacent to Whitaker School; and

2. Evaluation of existing catch basins on Whitaker Street.

Stantec has provided a proposal to add the two items into the plans and speciﬁcations, and the total cost for this change is $22,281 (Amendment No. 1).

In addition, the current ﬁscal year budget has allocated $1,200,000 for the design and construction of the Whitaker Street Pavement Rehabilitation Project. This project is for the rehabilitation of Whitaker Street from Stanton Avenue to the East City Limits (ECL). This area overlaps with the Complete Streets Project.

Earlier this year, staff requested proposals from three consultants to create a complete PS&E for the Whitaker Street Pavement Rehabilitation. The low bidder of those proposals was Willdan at $95,971. Staff also reached out to Stantec to request a proposal for design of the Whitaker Street Pavement Rehabilitation Project given their involvement and existing work on the same roadway section with the Complete Streets Project. Stantec’s proposal came in lower at $87,151, as they were able to conserve costs and build on their existing plans and speciﬁcations for the Complete Streets Project.

To reduce costs, streamline construction, and minimize contractor conﬂicts, staff recommends approving a Professional Services Agreement with Stantec to perform design services on the Whitaker Street Rehabilitation Project. This approach improves project coordination and will likely result in better bid pricing, simpliﬁed project delivery, and avoid duplication of efforts. The procurement is also consistent with the City’s procurement process for purchases of less than $100,000, which may be awarded after soliciting proposals from different service providers. Staff anticipates this also allowing both projects to be delivered under a single construction contract resulting in additional cost savings.

Staff recommends amending PSA 25-02 with Stantec. Amendment No. 1 would incorporate necessary changes for the Dale/Whitaker Complete Streets Project. Staff also recommends approving PSA 25-20 with Stantec. This agreement will provide for the design of the Whitaker Street Pavement Rehabilitation Project and incorporate the construction plans into one bid package with the Dale/Whitaker Complete Streets Project.

The City Attorney has reviewed the proposed amendment and new professional services agreement.

BUDGET IMPACT
PSA No. 25-02 Amendment No. 1 – $22,281
Funded through Gas Tax (Account No. 21-9806-599793)
A $20,000 allocation from unallocated Gas Tax Fund balance is requested for the project.

Costs are eligible for 100% reimbursement through the Active Transportation Program (ATP) Grant.

PSA No. 25-20 – $87,151
Funded through Gas Tax Fund (Account No. 24-9806-590193) This is a Capital Improvement Program (CIP) account dedicated to the Whitaker Street Pavement Rehabilitation Project.

Attachments
Dale-Whitaker PSA - Att 1 of 2 Amendment 1.pdf
Dale-Whitaker PSA - Att 2 of 2 PSA 25-20.pdf
PAGE 3 OF 3

CITY OF BUENA PARK
Department of Public Works

Amendment No. 1 to Professional Services Agreement (PSA) No. 25-02

PROJECT NAME: PLANS, SPECIFICATIONS, AND ESTIMATE FOR THE DALE/WHITAKER

COMPLETE STREETS PROJECT

SCOPE OF WORK: City-wide, extraordinary traffic signal maintenance services

CONTRACTOR: Stantec Consulting Services Inc.
38 Technology Drive, Suite 200
Irvine, CA 92618-5310

DATE: August 12, 2025

WHEREAS, the City of Buena Park (“CITY”) and Stantec Consulting Services Inc. (“CONSULTANT”), previously entered into that certain Professional Services Agreement No. 25-02, dated as of January 14, 2025 (the “Original Agreement”), pursuant to which CITY contracted with CONSULTANT to provide plans, specifications, and estimate (PS&E) for the Dale/Whitaker Complete Streets Project (“PROJECT”), as the specific “Services” provided are described further in the Original PSA;

WHEREAS, the Parties now desire to amend the Agreement to add additional services, increase the compensation to be paid CONSULTANT in consideration for the additional services, and extend the term of the Agreement and timeline for CONSULTANT to perform .

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. RECITALS. The foregoing recitals are true and correct and incorporated as a material part of this Amendment No. 1 to the Agreement (“First Amendment”).

2. TERM. Section 1.0 of the Agreement is amended to read as follows:

1. TERM. The term of this Agreement shall commence on January 14, 2025 and shall remain in full force and effect until May 31, 2026, unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of this Agreement (“Term”). .

3. ADDITIONAL SERVICES. In addition to the Services to be provided by CONSULTANT under the Agreement, CONSULTANT shall provide to CITY those additional services that are described Exhibit “1” to this Amendment.

4. COMPENSATION. Section 4 of the Agreement (Compensation) is amended to read as follows:

4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services and Additional Services, including any authorized reimbursable expenses, shall NOT EXCEED the total maximum sum of $317,089.00 (“Compensation”). CONSULTANT shall be paid for performing the Services and Additional at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement or Exhibit “ 1” to t he First Amendment (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and Additional Services, and may only be increased by formal amendment to this Agreement.

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

CITY OF BUENA PARK Stantec Consulting Services Inc.

A California Municipal Corporation A California Corporation

BY: BY:

Aaron France, City Manager Jeff Wilkerson, Project Manager

ATTEST: BY:

David Elwell, Vice President

BY:

Adria Jimenez, MMC, City Clerk

APPROVE AS TO FORM:

BY:

Christopher Cardinale, City Attorney

PAGE 3 OF 3

EXHIBIT “1”

Attach Consultant’s Proposal dated July 20, 2025 Behind This Page

Stantec Consulting Services Inc.
38 Technology Drive, Suite 200
Irvine CA 92618 -5310
July 30, 2025
Norm Way - Senior Engineering Technician/GIS Specialist City of Buena Park – Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621

Reference: Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project – Change Order #1
Dear Mr. Way,
This letter is a change order request (Change Order #1) for additional professional services for the Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets (Project) in the City of Buena Park (City).

The additional work includes adding a task for hydrology and hydraulic calculations for the inlet modifications at Whitaker Street and Indiana Avenue and updating the bid package to accommodate the newly constructed drop-off adjacent to the Whitaker Elementary School.

This proposal includes a scope of services, a schedule for the new tasks and our proposed fees. The total amount of this request is $22,281 and we assume the hourly billing rates will be per our current agreement. We appreciate the opportunity to submit this change order. Should you have questions regarding this proposal, please feel free to contact me at the phone number or email below.

Regards,
Stantec Consulting Services Inc.

Jeff Wilkerson , P.E.

Senior Associate
Phone: (949) 923-1449
[email protected]
Sherry Weinmeier, PE
Principal
(949) 584-7231
[email protected]

Attachment: Exhibit “A”
July 30, 2025
Norm Way

Page 2 of 3 ends

Reference: Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project – Change Order #1

A. SCOPE OF SERVICES

1. Revisions to Improvement Plans for New School Dr op-off Our current scope of work assumed minimal revisions to the previously prepared improvement plans along Dale Street from Auto Center Drive to Commonwealth Avenue. Recently, a new school drop-off was constructed at the Whitaker Elementary School. This task is to provide additional design survey to update the existing topo and to update the previously prepared improvement plans (street improvement, signing and striping, irrigation, and planting) and estimates to accommodate this existing condition.

2. Drainage Memorandum
It was originally assumed that two impacted inlets at Whitaker Street and Indiana Avenue were in sump conditions. Based on this, we assumed hydrology and hydraulic calculations were not required and excluded them from our current scope of work. After review of the field survey data, we have determined that these inlets are on grade, and the addition of the bulb-outs changes the catch basin configurations from flow-by to localized sump conditions. In accordance with the OCFCD Local Drainage Manual, the design basis for catch basins and storm drains in sump condition shall be the 25-year storm event. Therefore, we are recommending hydrology and hydraulic calculations to size the proposed inlets and confirm that the new and existing storm drain pipe laterals have the required capacity.

As part of this task, we will perform data collection activities, hydrologic evaluation including approximate delineation based on OCFCD Facility Maps, simplified Rational Method studies to determine time of concentration and peak runoff, and hydraulic calculations in support of the proposed storm drain modifications. The results, including rational method study, street flow/open lane assessment, inlet sizing, and storm drain capacity, will be summarized in a Drainage Memorandum. This task allows for two (2) submittals to the City, including one round of minor comment incorporation and resubmittal to gain final approval.

This task assumes that the proposed City street and storm drain lateral modifications do not change total tributary runoff to the existing City mainline in Indiana Avenue (SD-159) or OCFCD Facility (A03) or Coyote Creek (A01) in such a way that would require OCFCD or LACFCD review.

July 30, 2025
Norm Way

Page 3 of 3 ends

Reference: Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project – Change Order #1

B. FEES
The following is our estimated fees. A detailed estimated fees and expenses spreadsheet showing man- hours per task is provided as Exhibit “A” to this proposal.

1. Revisions to Improvement Plans Due to New School Drop-off ................................................... $ 9,886

2. Drainage Memorandum ............................ ................................................................................ $ 12,395

TOTAL FEES ...................................................................................................................................... $ 22,281

C. SCHEDULE
The following is the proposed schedule for the Drainage Memorandum. • Drainage Memorandum – 3 weeks after NTP.

Principal /
QAQC
Sr. Project /
Task
Manager
Task
Manager
Surv. / Sr.

Eng / Land
Architect
Project
Engineer /
Designer
Landscape
Architect
Design
Engineer /
Admin
2-Man
Survey Crew
$278 $269 $244 $230 $219 $198 $176 $345
1 Revisions to Improvement Plans Due to New School D rop-off 6 12 4 4 14 4 44 $9,886 2 Drainage Memorandum 1 1 14 16 28 60 $12,395
1 7 14 12 20 4 42 4 104
$278 $1,883 $3,416 $2,760 $4,380 $792 $7,392 $1,380 $22,281

CITY OF BUENA PARK
PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) FOR THE DALE/WHITAKER COMPLETE STREETS PROJECT - CHANGE ORDER 1

TOTAL HOURS

TOTAL FEES

ESTIMATED FEES & EXPENSES
Tasks Description Total
Exhibit "A"

PAGE 1 OF 16

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

DATE: 08/12/2025

SERVICES: PLANS, SPECIFICATIONS, AND ESTIMATE FOR THE

WHITAKER STREET PAVEMENT REHABILITATION

PROJECT

PARTIES TO THE AGREEMENT:

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

City Representative: Name: Mina Mikhael, P.E.

Title: Director of Public Works
Tel.: (714) 562-3670
Email: [email protected]

“CONSULTANT”: Stantec Consulting Services Inc., a California Corporation

Consultant
Representative:

Name: Jeff Wilkerson, P.E.

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

SUMMARY OF TERMS:

Start Date: 08/12/2025

End Date: 05/31/2026

Contract Value: $87,151.00

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

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

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

APPROVED BY: (___) Department Head (___) City Manager (select one) Contract Value ≤ $10,000 Contract Value ≤ $80,000

(X) City Council
Contract Value > $80,000
(“Levine Act Exhibit” Required)

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

PAGE 2 OF 16

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“ Agreement”) is dated as of August 12, 2025 , between the City of Buena Park, a California charter city (“ CITY”), and Stantec Consulting Services Inc., a California Corporation ("CONSULTANT"). CITY and CONSULTANT are at times referred to herein jointly as “Parties” and individually as a “Party.”

1. TERM. The term of this Agreement shall commence on August 12, 2025 and shall remain in full force and effect until May 31, 2026 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 Perform ance (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 $87,151.00 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.

5. PAYMENT.

5.1 Invoices. Each calendar month after CITY’s issuance of the Notice to Proceed, CONSULTANT shall submit an invoice to CITY for the Services performed and any authorized reimbursable expenses incurred in the immediately preceding calendar month. (Ex: invoices for Services rendered in January should be submitted in February ). The invoices shall describe in detail the S ervices 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

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thirty (30) calendar days after receipt . CITY shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.

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

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

8. ADMINISTRATION.

8.1 City’s Representative. The City Representative identified on the cover page of this Agreement shall have authority to administ er 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

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CONSULTANT and to act, bind, and approve all matters relating to this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced without the advance consent of CITY, which consent shall not be unreasonably withheld.

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

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

10. INDEMNIFICATION AND HOLD HARMLESS.

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

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

10.3 Indemnification for Services. Other than in the performance of design professional services by a design professional, as covered by Section 10 .2 above, to the fullest extent permitted by law CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, except for Claims arising from the negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.

10.4 Taxes, Assessments, Workers Compensation. CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold

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CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws.

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

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

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

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

.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.

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

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

.4 Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. If such insurance policy is written on a claims -made form, the retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.

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

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.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 e xcess insurance policy(ies) to meet the “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies) required by this Section 11.

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

11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:

.1 Except with respect to Employer’s Liability or P rofessional Liability/E&O policies required by this S ection 11, CITY and City Indemnitees shall be named as additional insureds (collectively “Additional Insureds”). Additional Insured e ndorsements 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 prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.

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

.4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.

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

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

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

11.9 Other Insurance Provisions.

.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of the insurance coverage.

.2 Requirements of specific coverage features or limits contained in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

.3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.

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

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.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.

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 S ervices required under this Agreement.

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

12.2 Ownership.

.1 All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files or other media whatsoever, created or developed by CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without r estriction 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.

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

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

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

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

15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights unde r this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and

PAGE 10 OF 16

“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.

16. SUSPENSION AND TERMINATION.

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

16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT . If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:

.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.

.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing is cumulat ive and does not affect any right or remedy that CITY may have in law or equity.

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

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

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

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

PAGE 11 OF 16

19. MISCELLANEOUS TERMS.

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

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

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

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

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

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

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

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

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

PAGE 12 OF 16

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

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

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

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

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

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

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

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

Name of Business

Signature

Name: Aaron France Name: Jeff Wilkerson
Title: City Manager Title: Project Manager

PAGE 13 OF 16

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

Signature

Name:

David Elwell

Title:

Vice President

ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

PAGE 14 OF 16

EXHIBIT A

1) SERVICES. CONSULTANT shall provide to CITY the following Services

2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Services in compliance with the following Schedule of Performance:

3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the follow rates and times:

All services as described in the CONSULTANT’s Proposal for Professional Services for the professional engineering design and surveying services for the Whitaker Street Pavement Rehabilitation Project (the “PROPOSAL”), attached as “Exhibit B.”
The schedule attached as “Exhibit C.”
Not to exceed $87151.00, as shown on pages 6 through 7 of the fee schedule contained in CONSULTANT’s PROPOSAL, attached as “Exhibit B.”

PAGE 15 OF 16

EXHIBIT B

[attach Consultant’s Proposal dated July 30, 2024, behind this page]

Reference: Whitaker Street Pavement Rehabilitation Project Dear Mr. Way,
Thank you for providing Stantec Consulting Services, Inc. (Stantec) with the opportunity to submit this proposal to the City of Buena Park (City) to provide professional engineering design and surveying services for the Whitaker Street Pavement Rehabilitation Project (Project).

The scope of work includes providing pavement rehabilitation along Whitaker Street from Stanton Avenue to the Eastern City Limits (Approximately 900-feet east of Dale Street), a distance of approximately 3,600 lineal feet. Our assumption for this proposal is that the plans, specifications, and estimates for these improvements will be incorporated in the Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Complete Streets Project’s bid package and no separate bid package will be prepared.

This proposal includes a scope of services, a schedule, and our proposed fees. The total amount of this request is $87,151. We appreciate the opportunity to submit this change order. Should you have questions regarding this proposal, please feel free to contact me at the phone number or email below.

Regards,
Stantec Consulting Services Inc.

Jeff Wilkerson , P.E.

Senior Associate
Phone: (949) 923-1449
[email protected]
Sherry Weinmeier, PE
Principal
(949) 584-7231
[email protected]

Attachment: Exhibit “A”
July 30, 2025
Norm Way

Page 2 of 6 ends

Reference: Whitaker Street Pavement Rehabilitation Project

A. SCOPE OF SERVICES

1. Additional Design Surveying for Whitaker Street
Our surveyors will establish horizontal and vertical survey control and provide design survey cross sections at 50-foot internals along Whitaker Street from Stanton Avenue to Eastern City Limits (Approximately 900-feet east of Dale Street), a distance of approximately 3,600-feet. The field survey will also extend to the BCR/ECR of all intersecting streets. The cross sections will include the top of curbs, flowlines, edge of gutters, lane lines, and any other grade breaks found in the pavement. The existing parkways will not be surveyed.

2. Calculation of Traffic Index (TI) for Whitaker S treet We will prepare traffic index (TI) calculations for up to three (3) segments of Whitaker Street.

Weekday 24-hour, two-way traffic counts, including truck and bus volumes by number of axles, will be conducted for each segment. We will use this data for each subject roadway segment to determine an appropriate design life TI based on Caltrans equivalent single axle load (ESAL) factors for each large vehicle type. The pavement design life will be confirmed with the City and/ or we can provide multiple TI calculations for your consideration based on alternative pavement design life.

3. Pavement Report for Whitaker Street
GMU Pavement Engineering (GMU) will provide the subsurface exploration and Pavement Report for the pavement design recommendations for Whitaker Street.

3.1 Document Review, Dig Alert Coordination, and Encroa chment Permit GMU Pavement Engineering (GMU) will conduct a document review of existing relevant records provided by the City. The information obtained from this review, including construction as-built plans, specifications, existing section thicknesses, and dates of previous pavement improvements, will be considered in the engineering analysis. GMU will then perform a limited pavement surface condition assessment to identify the type, extent, and severity levels of the pavement distresses in general accordance with ASTM D 6433.

The proposed pavement coring locations will be painted and Dig Alert (Underground Service Alert) will be notified to identify potential conflicts with known underground utilities before proceeding with pavement coring.

GMU will then apply for a City of Buena Park no-fee Encroachment Permit (EP), with support from the City’s Project Manager prior to proceeding with the field exploration tasks.

They anticipate submitting an encroachment permit application to the City’s Project Manager, along with required location maps, certificate of insurance, and business license.

Pavement coring will be carried out by a Class “C” contractor, with their license number provided in the application. The budget assumes that the city will issue one round of review comments, which GMU will address in that same round. It is assumed that no additional permits from other agencies will be required.

July 30, 2025
Norm Way

Page 3 of 6 ends

Reference: Whitaker Street Pavement Rehabilitation Project

3.2 Subsurface Exploration
GMU will conduct a total of 6 to 8 pavement corings distributed throughout the project limits.

Their budget assumes one (1) day of pavement corings will be performed between the hours of 8 AM and 5 PM.

Subsurface exploration will be conducted to a maximum depth of four (4) feet below the top of the existing asphalt surface using an electric-powered core drill. Sampling and excavation beneath the asphalt concrete (AC) section will be done manually with hand tools. The thickness of the existing AC and aggregate base (AB), if present, will be documented.

Paving fabric, underlying Portland Cement Concrete (PCC), and/or Macadam layers will be logged, if encountered. Bulk samples of the subgrade soil will be collected. After sampling, core holes will be backfilled with soil cuttings or other appropriate materials and capped with Perma Patch.

Traffic control will involve single-lane closures in accordance with the WATCH, using cones and arrow boards to direct vehicles around the work zone. It is assumed that formal traffic control plans will not be required, and as such, the costs associated with preparing or stamping these plans are not included in the fee.

3.3 Laboratory Testing
GMU will perform laboratory testing on the samples collected from the pavement corings in their in-house Caltrans-certified pavement materials laboratory. Testing may include:
• R-value testing
• Maximum density and optimum moisture content
• Laboratory soil classification (Atterberg Limits and Perce nt Passing No. 200 Sieve) • In-place moisture content
Note that the type and quantity of tests will be determined based on the conditions encountered in the field. Additionally, the proposed testing program does not include laboratory tests to develop mix design recommendations, such as those for cold in-place recycled AC or full-depth reclamation with cement treatment. If these pavement improvement strategies are recommended later, mix design laboratory testing services can be offered under a separate proposal.

3.4 Engineering Analysis
Pavement engineering analysis will be performed per the Caltrans Highway Design Manual, 6th Edition. Caltrans methodology considers the relationship between the traffic index (TI), subgrade soil strength (through R-value testing), and the gravel factors of the various pavement layers, to allow us to calculate the required replacement pavement thicknesses.

Based on the information gathered from the previous tasks, pavement engineering analysis will be performed to develop cost-effective and viable pavement improvement recommendations. The subgrade soil condition, in-place structural section, traffic conditions, depth of cracking, construction costs of different repair methods, and more will be considered when developing the pavement improvement recommendations.

July 30, 2025
Norm Way

Page 4 of 6 ends

Reference: Whitaker Street Pavement Rehabilitation Project

3.5 Identification of Isolated AC Repair Locations
A GMU Pavement Engineer will identify isolated AC repair locations (patches) in collaboration with Stantec staff, based on a combination of factors such as:
• Type and severity of the pavement surface distress type (i.e., medium- or high- severity load-related distresses such as alligator cracking or depressions) • Coring data (i.e., areas with inadequately thick in-pl ace pavement) • Laboratory data (i.e., areas with high subgrade moist ure content) The budget accounts for one (1) day of walking survey to identify the isolated AC repair locations (patches).

3.6 Pavement Evaluation and Design Recommendations Repo rt GMU will summarize the work, findings, conclusions, and recommendations into a single report. The report will include the following information:
• Summary of information gathered from the document re view, if any; • Project location and project limits map;
• Subsurface exploration (coring) location map;
• Pavement coring information summary table (asphalt con crete thickness, fabric, aggregate base thickness, subgrade soil type, underlying PCC, etc.); • Select photographs of the pavement surface condition; • Laboratory testing results;
• Results of our limited feasibility level infiltration testing; • Pavement improvement recommendations to achieve the r equested design life; and • Pavement thicknesses recommendations for new pavemen t areas.

Cost-effective pavement improvement strategies may include:
• Localized AC repairs (patches) followed by mill-and-over lay repair using conventional AC or rubberized AC pavement;
• Fiber-reinforced asphalt concrete (FRAC) to improve re flective cracking resistance and/or reduce required AC thickness;
• Rubberized hot-mix asphalt (RHMA or ARHM overlays);
• Geogrid/geotextiles to reduce required aggregate base thickness or to stabilize The following pavement improvement strategies are excluded but can be offered under a separate proposal:
• Cold in-place (CIR) or cold central plant recycled (CCPR ) asphalt concrete (AC) pavement;
• Cement stabilized pulverized base (CSPB) as part of t he pavement structural section;
• Cement- or lime-stabilized soils (CSS or LSB) for subgr ade stabilization and/or as part of the pavement structural section;
The final report will be signed and stamped by a California registered civil engineer.

Deflection Testing and Analysis to assess the in-place strength and structural adequacy of the roadway and Ground-Penetrating Radar (GPR) Testing and Analysis to obtain the approximate thickness of the underlying asphalt concrete and aggregate base layers are excluded, but can be offered under a separate proposal.

July 30, 2025
Norm Way

Page 5 of 6 ends

Reference: Whitaker Street Pavement Rehabilitation Project

4. Additional Research, Field Visits, and Utility C oordination We will research available street improvement plans to specifically identify the existing pavement sections along Whitaker Street for use in the Pavement Report.

Our design team will also provide two additional field visits. The first field visit will be to assist GMU staff on obtaining the localized pavement repairs and to also confirm utility adjustments in the pavement. The second field visit will be to check that the proposed localized pavement repairs and utility adjustments have been incorporated into the improvement plans.

Finally, additional utility coordinated will be required, since there may be additional utility adjustments to coordinate with the various utility companies who own facilities along Whitaker Street.

5. Roadway Plan and Profile Sheets along Whitaker S treet (1” = 40’) Roadway plan and profile sheets will be prepared using a 1” = 40’ horizontal scale and 1” = 4’ vertical scale. Each sheet will contain a north arrow, scale, match lines, and construction and disposition notes for all improvements shown on the sheet. The profile views will show the existing and proposed profiles for any crown lines and the tops of curb or edges of pavement.

The roadway improvements will include removals; pavement rehabilitation improvements; locations for new and reconstructed curbs, gutters, sidewalks, driveways, and curb ramps; and existing utilities and utility adjustments/relocations. The plans will clearly show the City right-of- way lines and the construction notes will reference the Standard Plans for Public Work Construction (SPPWC) or Caltrans Standard Plans. The roadway plans will also include all horizontal and vertical control required to stake and construct the new improvements.

Our assumption is that the pavement rehabilitation improvements will be shown on the same plans as the Dale/Whitaker Complete Streets Project’s improvements.

6. Roadway Design Sections Along Whitaker Street
We will build a three-dimensional model of the existing and new roadway improvements in Civil 3D and plot design sections from this model. The design sections will show the existing surface, proposed surface, proposed pavement section thicknesses, the existing and proposed top of curb and/or pavement elevations, and the existing and proposed cross slopes.

The design sections will help us identify and correct typical roadway design issues, such as flat or excessively steep cross slopes, proper pavement transitions, and areas where we may be significantly reducing the cover over existing utilities. Since the design sections will be linked to the design model, they will consistently be up to date.

7. Additional Project Management and Coordination
We will continue to communicate with the City as necessary and attend meetings or conference calls with the City to discuss the project, critical project related issues, and schedule. An additional 20 hours of Project Management time has been assumed for this task for project management and coordination efforts related to the additional work.

July 30, 2025
Norm Way

Page 6 of 6 ends

Reference: Whitaker Street Pavement Rehabilitation Project

B. FEES
The following is our estimated fees. A detailed estimated fees and expenses spreadsheet showing man- hours per task is provided as Exhibit “A” to this proposal.

1. Additional Design Surveying for Whitaker Street ...................................................................... $ 15,502

2. Calculation of Traffic Index (TI) for Whitaker S treet .................................................................... $ 2,956

3. Pavement Report for Whitaker Street ............ ........................................................................... $ 33,751

4. Additional Research, Field Visits, and Utility C oordination .......................................................... $ 7,390

5. Roadway Plan and Profile Sheets along Whitaker S treet (1” = 40’) .......................................... $ 16,170

6. Roadway Design Sections Along Whitaker Street .. ..................................................................... $ 5,287

7. Additional Project Management and Coordination . ..................................................................... $ 5,280 Additional Reimbursables ......................... ..................................................................................... $ 815

TOTAL FEES ...................................................................................................................................... $ 87,151 .

C. SCHEDULE
The following is the proposed schedule for the pavement report and improvement plans. • Pavement Report – 8 to 10 weeks following NTP.
• Roadway Plan and Profile Sheets Along Whitaker Street – Preparation of 65% plans completed 3 weeks after approval of Pavement Report and selection of preferred pavement section.

Subsequent submittals to be completed with the rest of improvement plans.

Principal /
QAQC
Sr. Project /
Task
Manager
Task
Manager
Surv. / Sr.

Eng
Project
Engineer /
Designer
Design
Engineer /
Admin
2-Man
Survey
Crew
$278 $269 $244 $230 $219 $176 $345 Hours Fees Fees Fees 1 Additional Design Surveying for Whitaker Street --- 2 14 4 32 52 $15,502 52 $15,502 2 Calculation of Traffic Index (TI) for Whitaker Str eet --- 4 6 10 $2,456 $500 10 $2,956 3 Pavement Report for Whitaker Street --- 8 8 $2,152 $31,599 8 $33,751 4 Additional Research, Field Visits, and Utility Coo rdination --- 2 12 24 38 $7,390 38 $7,390 5 Roadway Plan and Profile Sheets along Whitaker Str eet (1” = 40’) 4 4 8 30 36 78 $16,170 78 $16,170 6 Roadway Design Sections Along Whitaker Street 4 1 1 12 12 26 $5,287 26 $5,287 9 Additional Project Management and Coordination --- 16 4 20 $5,280 20 $5,280 5 41 4 20 54 76 32 232 232
$1,390 $11,029 $976 $4,600 $11,826 $13,376 $11,040 $54,237 $31,599 $500 $86,336 $815
232 $87,151

CITY OF BUENA PARK

WHITAKER STREET PAVEMENT REHABILITATION PROJECT

TOTAL HOURS

TOTAL FEES
REIMBURSABLES BUDGET (Includes: Printing, Copying, Deliveries)

TOTAL (INCLUDING REIMBURSABLES)

ESTIMATED FEES & EXPENSES
Tasks Description No. of
Drawings

STANTEC GMU TRAFFIC
COUNTS Total
Exhibit "A"
SCHEDULE OF BILLING RATES – 2024
Billing
Level
Hourly
Rate Description
3 4
5 $117
$128
$146
Junior Level position
❑ Independently carries out assignments of limited scope using stan dard procedures, methods, and techniques
❑ Assists senior staff in carrying out more advanced procedures ❑ Completed work is reviewed for feasibility and soundness of judgment ❑ Graduate from an appropriate post -secondary program or equivalent ❑ Generally, one to three years’ experience
6 7
8 $150
$160
$170
Fully Qualified Professional Position
❑ Carries out assignments requiring general familiarity within a broad field of the respective profession ❑ Makes decisions by using a combination of standard methods and t echniques ❑ Actively participates in planning to ensure the achievement of objectives ❑ Works independently to interpret information and resolve difficulties ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, three to six years’ experience
9 10
11 $176
$182
$198
First Level Supervisor or first complete Level of Specialization ❑ Provides applied professional knowledge and initiative in planning and coordinating work programs ❑ Adapts established guidelines as necessary t o address unusual issues ❑ Decisions accepted as technical ly accurate, however may on occasion be reviewed for soundness of judgment
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, five to nine years’ experie nce
12 13
14 $208
$219
$230
Highly Specialized Technical Professional or Supervisor of groups of professionals ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Participates in short- and long-range planning to ensure the achievement of objectives ❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures
❑ Reviews and evaluates technical work
❑ Graduate from an appropr iate post-secondary program, with credentials or equivalent ❑ Generally, ten to fifteen years’ experience with extensive, broad experience 15 16
17 $244
$269
$278
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qu alifications of significant value ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems for investigation ❑ Participates in discussions to ensure the achievement of program and/or project objectives ❑ Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, more than twelve years’ experience with extensive experience

18 19
20 21

$284
$295
$306
$324

Senior Level Management under review by Vice President or higher ❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Responsible for long range planning within a specific area of pr actice or region ❑ Makes decisions which are far reaching and limited only by objectives and policies of the organization ❑ Plans/approves projects requiring significant human resources or capital invest ment ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, fifteen years’ experience with extensive professional and management experience

Survey Crews
Crew Size
1-Person
2-Person
3-Person
Regular Rate
$220
$345
$470
Overtime Rate
$275
$455
$635
Expert Witness Services carry a 50% premium on labor. Overtime may be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase .

T-2 2024 CA

ID Task Name Duration Start Finish
1 Notice to Proceed 1 day Wed 2/5/25 Wed 2/5/25
2 Project Management, Coordination, and Meetings 68 wks Mon 2/10/25 Fri 5/29/26 3 Preliminary Design 232 days Thu 2/6/25 Fri 12/26/25
4 Kick Off Meeting 1 day Thu 2/6/25 Thu 2/6/25
5 Records Research and Field Visits 2 wks Mon 2/10/25 Fri 2/21/25 6 Design Survey and Base Mapping 3 wks Mon 2/10/25 Fri 2/28/25 7 Utility Coordination and Potholing 46 wks Mon 2/10/25 Fri 12/26/25 8 Water Quality Management Plan 4 wks Mon 4/7/25 Fri 5/2/25 9 Pavement Rep. Drainage Study, Add'l Field Survey 10 wks Mon 8/18/25 Fri 10/24/25 10 Final Design 225 days Mon 2/17/25 Fri 12/26/25
11 65% Plans and Estimate 28 wks Mon 2/17/25 Fri 8/29/25 12 City Review of 65% Submittal 3 wks Mon 9/1/25 Fri 9/19/25 13 95% PS&E Submittal 3 wks Mon 10/27/25 Fri 11/14/25
14 City Review of 95% PS&E Submittal 3 wks Mon 11/17/25 Fri 12/5/25 15 100% PS&E Submittal 2 wks Mon 12/8/25 Fri 12/19/25
16 City Review/Approval of 100% Submittal 1 wk Mon 12/22/25 Fri 12/26/25 17 Permitting 80 days Mon 11/17/25 Fri 3/6/26
18 City of Fullerton Encroachment Permiting 4 mons Mon 11/17/25 Fri 3/6/26 19 Orange County Flood Control District EP 4 mons Mon 11/17/25 Fri 3/6/26 20 OCTA / SCRRA Encroachment Permits 4 mons Mon 11/17/25 Fri 3/6/26 21 ATP Grant Funding Administration Services 235 days Mon 4/28/25 Fri 3/20/26 22 Request Extension for RW & CON Allocation 1 day Mon 4/28/25 Mon 4/28/25 23 Notice of Exemption (Provided by City) 1 day Fri 5/16/25 Fri 5/16/25 24 Right of Way Allocation Request Submittal 2 wks Mon 5/19/25 Fri 5/30/25 25 Construction Allocation Request Submittal 2 wks Mon 3/9/26 Fri 3/20/26 26 CTC Meetings 232 days Fri 6/27/25 Mon 5/18/26
27 Request Extension for ROW / CON Allocation 1 day Fri 6/27/25 Fri 6/27/25 28 Right of Way Allocation Request 1 day Fri 8/15/25 Fri 8/15/25 29 Construction Allocation Request (By 12/31/26) 1 day Mon 5/18/26 Mon 5/18/26 2/25 3/25 4/25 5/25 6/25 7/25 8/25 9/25 10/2511/2512/25 1/26 2/26 3/26 4/26 5/26 6/26 Task Milestone
Plans, Specifications, and Estimate (PS&E) for the Dale/Whitaker Completes Streets Project Project Schedule
Wed 7/30/25
Exhibit "C"

PAGE 16 OF 16

EXHIBIT D

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

LEVINE ACT DISCLOSURE STATEMENT

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

LEVINE ACT DISCLOSURES:

1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposal s leading to the contract?

YES ___ NO ___

If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $250 to any member of the Buena Park City Council after the date of the iss uance of the request for proposals, or in the 12 months after the City Council’s decision on the contract?

YES ___ NO ___

If yes, please identify the Councilmember(s):

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

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

_______________________ _____________________________________

DATE SIGNATURE OF AUTHORIZED OFFICIAL

_______________________ _____________________________________

NAME OF COMPANY NAME, TITLE
August 12, 2025

NEW BUSINESS
Item No. 5B.

City Council Agenda Report
PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA,INC. (ERSC) FOR DESIGN SERVICES OF THE KNOTT AVENUE (CRESCENT AVENUE TO ARTESIABOULEVARD) AND 8TH STREET REHABILITATION PROJECT

PREPARED BY PRESENTED BY
Jaden Miller, Associate Engineer Jaden Miller, Associate Engineer

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) in the amount of $280,385 for design services for the Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project; 2) Authorize the City Manager and City Attorney to make any necessary, non- monetary changes to the agreement; and 3) Authorize the City Manager and City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City is seeking an experienced engineering consultant to prepare plans, specifications, and estimate (PS&E) for the Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project. The project spans approximately 2.5 miles and will involve various improvements, including asphalt pavement rehabilitation, the removal and replacement of damaged curb and gutter, cross gutters, sidewalks, ADA ramps (if not compliant with current ADA standards), utility adjustments, signing and striping, traffic control plans, any additional signage required by the California Manual on Uniform Traffic Control Devices (MUTCD), and other incidentals as necessary to complete the project in its entirety.

On June 26, 2025, staff issued a Request for Proposals (RFP) to retain a consultant to provide professional design services for the Project. Six proposals were received on July 24, 2025, and were thoroughly evaluated by staff. The proposals ranged from $149,975 to $568,792.

Following the evaluation, staff determined that ERSC is the most qualified firm to suit the City’s needs based on their understanding of the scope of work, project schedule, cost-effectiveness, and relevant experience. ERSC has successfully delivered similar design projects for other agencies, including the Rehabilitation of Pacific Park Drive for the City of Aliso Viejo and the Street Rehabilitation Project of Foothill Boulevard for the City of Fontana.

Staff recommends executing an agreement with ERSC for professional design services, including plans, specifications, cost estimates, and construction support. The design phase is scheduled to commence in August 2025 and is anticipated to be complete by January 2026.

The City Attorney has reviewed the proposed agreement.

BUDGET IMPACT
This agreement is in the amount of $280,385 and will be funded by Measure R revenues (Account No. 24-9806- 590185). This project was included in the adopted FY 25-26 budget.

Attachments
Att. 1 of 2 - RFP - Knott Ave Rehab.pdf
Att. 2 of 2 - PSA - Knott Ave Rehab.pdf

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

Proposal Due Date: JULY 24, 2025 BY 3:00 PM

RFP Administrator: Jaden Miller, P.E., Associate Engineer City of Buena Park - Public Works
6650 Beach Blvd,
Buena Park, CA 90621
T: (714) 562-3685
[email protected]

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

ISSUED: JUNE 26, 2025
AMENDED AND REINSTATED RFP: JULY 14, 2025

REQUEST FOR PROPOSAL (RFP)

KNOTT AVENUE (CRESCENT AVENUE TO ARTESIA
BOULEVARD) AND 8TH STREET

REHABILITATION PROJECT

PLANS, SPECIFICATIONS, AND ESTIMATE

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INTRODUCTION

The City of Buena Park (City) is seeking an experienced engineering Consultant (Consultant) to prepare plans, specifications, and estimate (PS&E) for the Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8 th Street Rehabilitation Project . The City encourages Consultants to review this document completely. A topographic survey is also required for the design of this project. An engineering soils report will be provided by the City once a Consultant has been chosen for the project.

Each prospective Proposer is responsible for thoroughly reviewing and comprehending all the terms and conditions outlined in this Request for Proposals (RFP), including the attached documents, and conducting independent background research on the Project.

Each proposer is solely responsible for the expenses incurred in preparing and submitting their Proposal in response to this RFP. The City explicitly disclaims any responsibility for assumptions made by Proposers based on the presence or absence of informa tion provided by the City in any form. The City may, at its sole discretion, amend this RFP by issuing written addenda. It is the sole responsibility of each Proposer to regularly monitor the project posting for any addenda related to this RFP.

The City's issuance of this RFP or acceptance of Proposals does not imply a commitment to award or enter into an Agreement. The City reserves the right to reject any or all Proposals at its discretion and may request new Proposals if deemed necessary for the best interests of the City. Furthermore, the City reserves the right to cancel, modify, or postpone this RFP at any time, and may waive any procedural irregularities or informalities that may arise during the RFP process.

Also included is a draft Professional Services Agreement (PSA) for your information that will be used between the City and the Consultant. This RFP will be evaluated based on the Consultant’s qualifications and City selection. Please note, this is a prevailing wage job and needs to be reflected in your proposal , as required.

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PROJECT BACKGROUND

The project site is located on Knott Avenue from Crescent Avenue to Artesia Boulevard and 8th Street west of Knott Avenue (See Location Map, Exhibit A). The project spans approximately 2.5 miles and will involve various improvements, including asphalt pavement rehabilitation, the removal and replacement of damaged curb and gutter, cross gutters, sidewalks, and ADA ramps (if not compliant with current ADA standards), utility adjustments, signing and striping, traffic control plans, any additional signage required by the CA MUTCD, and other incidentals as necessary to complete the project in its entirety.

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QUALIFICATIONS

MINIMUM QUALIFICATIONS

• Valid California Professional Civil Engineer License;

• Satisfactory completion of a minimum of three (3) street rehabilitation PS&E within the last 5 years, and provide references;

• Understanding of Knott Avenue and 8 th Street parking needs , surrounding land use, traffic circulation, and operational needs;

• Ability to provide deliverables consistent with the latest City-adopted formats and software; and

• Familiarity with City of Buena Park standards, provisions, and practices.

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SCOPE OF SERVICES

The scope of work shall include the following:

1. Project Management and Coordination

a. Project Management

A kick-off meeting with the City of Buena Park staff and the Consultant will be held prior to beginning work to review and refine the work program and schedule, identify critical milestones, and determine appropriate paths of communication. Consultant shall produce a baseline schedule of work and conduct periodic meetings (phone conference and coordination meetings) with the City to discuss progress.

Deliverables

• Schedule of work - updated biweekly
• Meeting minutes for all design meetings

b. Project Coordination

Consultant shall coordinate major design requests and changes with the City, agencies , and other constituents that may provide design input, suggestions or restrictions for the project. Design may be altered through additional coordination efforts.

2. Detailed Design

The Consultant shall deliver all necessary professional services, including engineering, and office engineering for the preparation of project Plans, Specifications and Estimates (PS&E) for the project. The Consultant’s design responsibilities shall include, but not be limited to the following:

a. Research and review of the existing right-of-way maps, record maps, surveys, assessor maps, improvement plans, “as -built” plans, drainage conditions, grading, traffic issues, coordination, engineering site visits , and other characteristics to support project completion.
b. Identify existing utilities on contract drawings and perform potholing for existing utilities potentially affected by proposed improvements.
c. Prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Water Quality Management Plan (WQMP), if applicable, and incorporate all necessary temporary and permanent storm water quality control measures.
d. Prepare 60%, 90%, and 100% PS&E submittals to the City covering existing centerline, curb & gutter, sidewalk, parkway, curb ramps, cross gutters, spandrels, driveways, trees, signing and striping , and existing utilities (wet and dry). Plans must include profiles of existing and proposed roadway elevations, removal and replacement of hardscape to meet City standards, and all other elements needed to complete the 100% bid -ready PS&E package.

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e. The Consultant shall identify portions of curb & gutter, sidewalk, spandrels, cross gutters, curb ramps, and any other items that need to be replaced due to poor conditions or non- compliant with current ADA standards.
f. New curb ramps and cross gutters shall have a separate detail with a detailed design showing elevations and grades.
g. Survey monuments and benchmarks shall be identified on the plans to reset, adjust to grade, or protect in place.
h. The Consultant shall review the engineering soils report and work closely with the City to decide on the type of rehabilitation to implement based on available funding. i. The plan set shall includ e a Title Sheet, Typical Sections, Street Improvement Plan and Profile sheets, Signing and Striping Plan, Traffic Control Plans, and any other plans and/or details needed to complete the 100% bid set of Plans, Specifications and Estimate (PS&E). j. Review and incorporate all applicable comments from the City of Buena Park, Caltrans, and all other involved agencies.
k. Prepare Contract Drawings with sufficient details for construction in accordance with the latest Caltrans, City Standards, SPPWC, CA MUTCD, and any other applicable regulations. l. Provide support services to City during bidding phase including , but not limited to , responding to Requests for Information (RFI) from bidders. m. Provide support services to City during construction phase including , but not limited to , responding to Requests for Information (RFI) from the Contractor. n. Prepare and submit as-built drawings upon completion of the construction phase of the project, accurately reflecting all modifications and changes made during construction. o. The City will provide environmental approval through the California Environmental Quality Act (CEQA).
p. Ensure project documents are in compliance with Caltrans requirements for project areas within Caltrans right of way.

Deliverables

• 60% Design Drawings (Plan & Profiles, Sections, Signing & Striping) and Estimate • 90% Design Drawings (Plan & Profiles, Sections, Details, Signing & Striping, Traffic Control Plans), Specifications, and Estimate
• 100% Contract Drawings, Specifications, Estimate (Bid Set), and all associated CAD files • List of standard and non-standard design features

3. Permitting and Regulations

The Consultant shall be responsible for developing and managing the approval process for all required project plans. This includes coordinating with relevant agencies and stakeholders to ensure timely and complete approvals.

The Consultant shall comply with all applicable laws, rules, and regulations related to encroachment permitting. The scope of professional services encompasses all tasks necessary to advance the project through the development and permitting phases, ensuring it is fully prepared to proceed to the construction phase.

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Under the terms of the Freeway Maintenance Agreement with Caltrans, the City is responsible for maintaining the roadway section on Knott Avenue near the SR-91 freeway. All maintenance activities in this area shall be performed at the City's expense.

a. Obtain all necessary permits from Caltrans.
b. Obtain all necessary permits from Union Pacific Railroad.

4. Survey

The Consultant shall provide a topographic survey at 25-foot intervals including, but not limited to CL, EG, TC, FL, and BW for the project site. The Consultant’s survey efforts shall include but not be limited to the following:

a. All existing sidewalk, curb ramps, cross gutters, spandrels, drive approaches, utility boxes, manholes, valves, power poles, traffic signals, cabinets, fire hydrants, trees, signing and striping along with any other visible features within the right -of-way. At intersections, include survey for a minimum of 10’ beyond existing curb radius. The survey shall include enough record survey control monuments to accurate map the right-of-way limits in the project location per available county record maps.
b. Inventory and verification of existing survey monuments within the project limits.

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PROJECT MANAGEMENT - SCHEDULE

PROJECT MANAGEMENT:

Consultant shall organize, schedule, and chair all meetings. Meeting agendas shall be prepared and distributed two (2) days prior to the meetings. Meeting minutes shall be prepared within three (3) days after the meeting. Assume two (2) 1-hour long face-to-face project development meetings with various City staff. In addition, communication between Consultant and City staff via email and telephone will be on going throughout project.

• Consultant shall submit a Draft 60% Plans & Estimate submittal and allow two (2) weeks for the City of Buena Park’s review.
• All comments shall be addressed prior to submitting the Draft 90% Plans, Specs, and Estimate (PS&E) submittal.
• Consultant shall allow an additional two (2) weeks for City of Buena Park’s review of the Draft 90% submittal.
• Comments from the Draft 90% submittal shall be incorporated in the Final Contract PS&E submittal for bidding purposes.

SCHEDULE:

Consultant shall prepare a detailed schedule showing times of completion and milestones for each task. The City desires to meet the following milestones (tentative):

• RFP Issued June 26, 2025
• RFP Amended and Reinstated July 14, 2025
• Proposal Due Date/ Submission Deadline July 24, 2025 • City Council Award Date August 12, 2025
• Project Kick-Off Meeting August 25, 2025
• 60% PS&E Submittal October 2025
• 90% PS&E Submittal December 2025
• 100% (Final) Contract PS&E (Bid Set) January 2026

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INSTRUCTIONS

REGISTRATION:

All interested Proposers shall register with the RFP Administrator through the City’s portal on PlanetBids at: https://vendors.planetbids.com/portal/39485/bo/bo-search

PROPOSAL FORMAT:

Proposals must be:
• Typed on standard 8-1/2" x 11" paper. Minimum font size is to be 12. Drawings are not limited to the 8-1/2" x 11" size.
• Be as brief as possible and not include any unnecessary promotional material. • The Proposals are not to exceed fifteen (15) one-sided pages including all responses, reference work, and information about the firm and individuals assigned to the Project. The following items are not included as part of the 15-page total requirement: title page, table of content, cost proposal, resumes, drawings, and dividers.

Proposals shall be submitted to the RFP Administrator. Please note that part of the evaluation criteria takes Consultant’s proposal responsiveness into consideration. Proposals missing the required components listed will be evaluated accordingly.

A. SCOPE OF WORK: Detailed scope of work and methodology that comprehensively defines and describes the individual tasks. The scope of work may be used as a basis for contract negotiations.

Scope of work shall be based upon, but is not limited to, the information contain ed in this Request for Proposal (RFP).

B. CONSULTANT’S REPRESENTATIVE: Identification of the primary representative and an alternate to perform the services described in the scope of work. Each representative shall be identified in the proposal. The Consultant’s representatives shall be California Licensed Professional Engineers and remain in responsible charge of all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative shall become the primary representative upon the City’s approval.

C. PROJECT TEAM: Identification of the project team, including organizational chart and resumes of each team member. Specific responsibilities of each team member, including subconsultants, along with their anticipated total effort in the project, shall be detailed in a matrix of total hours of work for each task versus each job classification on the project.

D. REFERENCES: Description of the project team's past record of performance on similar projects for which your firm has provided services. The proposal shall include client references that may be contacted by the City.

E. SCHEDULE: Provide a work plan and schedule for the development and implementation of the project. Include a list of work tasks and/or milestones necessary to complete the services and their descriptions based on the aforementioned proposed schedule.

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F. DESIGN BUDGET: Provide a breakdown of the estimated hours for each individual for each project task defined in the scope of work. Billing rates for each individual as well as the total design fee proposal shall be submitted in a separate sealed envelope. Proposal shall also include a cost estimate of all reimbursable costs, indirect costs, and incidentals.

G. SUBCONSULTANT: If sub-consultants are utilized, they shall be identified in the scope of work together with the services performed. Tasks shall be identified in the breakdown of estimated hours. Sub-consultants shall be directed and compensated by Consultant.

SUBMITTAL INFORMATION:

Proposals are due by 3:00 PM on JULY 24, 2025 to the RFP Administrator at the City of Buena Park Public Works counter. Postmarks will not be accepted.

RFP Administrator: Jaden Miller, P.E., Associate Engineer City of Buena Park – Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
T: (714) 562-3685
Email: [email protected]

Four hard copies (3 bound, 1 unbound) and an electronic copy of the proposal shall be submitted. Please mark all submittals as “KNOTT AVENUE (CRESCENT AVENUE TO ARTESIA BOULEVARD) AND 8TH STREET REHABILITATION PROJECT”.

It is the responsibility of each Proposer to ensure their proposal is received before the stated deadline.

The Public Works Department may be reached at (714) 562 -3670 to verify receipt of proposals. If the required information is not provided, a proposal may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and will be rejected. Submittal of additional information after the due date is not permitted.

QUESTIONS, ANSWERS, AND ADDENDA TO RFP:

Prior to the RFP submission deadline, questions may arise regarding the technical and scope of work.

Any verbal communications will not be considered or responded to. All questions must be submitted (via PlanetBids) to the RFP Administrator by Thursday, July 17, 2025 at 3:00 PM. Changes to the RFP itself shall only be made by the City via a written addenda. All addenda shall become part of the RFP document requiring response by the proposer where indicated.

PROPOSAL EVALUATION CRITERIA:

Proposals will be evaluated based on the response to all provisions of this RFP. The City may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criteria and percentage of score as deemed appropriate prior to the commencement of evaluation.

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POTENTIAL PROPOSAL EVALUATION CRITERION
Qualifications and Experience - The qualifications and experience of the proposing Consulting firm and team with preparing pavement rehabilitation plans, specifications, and estimates. Quality of key individuals. Client references. Familiarity with City standards, provisions, policies, and operations.

30%
Project Approach - The Consultants response in developing a comprehensive plan while meeting requirements and the City’s specific needs. Consultant’s ability to deploy the appropriate resources to promptly meet requested work.

The Consultant’s ability to self-perform the desired work, or form a quality team of subconsultants.

30%
Compliance with RFP - The ability of the Consultant to comply with all instructions set forth under this RFP as well as the Consultants ability to agree to all of the terms and conditions of the attached PSA.

20%
Schedule - Proposal for completing the project in a timely manner within the desired timeframe, inclusive of the proposer’s ability to identify critical paths.

10%
Fee Proposal - Submitted fee proposal in a separate sealed envelope.

10%

The City is under no obligation to award this project to the Consultant offering the lowest fee proposal.

Evaluation criteria expressed in this RFP solicitation may be used in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications of the Consultants and whether the proposals comply with the prescribed requirements. The size and 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 meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any/all proposals.

SELECTION PROCESS:

All Proposals received as specified will be evaluated by City staff in accordance with the above criteria.

During the evaluation period, the City may do any or all of the following: generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business; conduct negotiations with the most qualified candidate(s). Consultants should be aware that an award can be made without consultant visits, interviews, or further discussion or negotiations.

DRAFT AGREEMENT:

A standard draft template of the City’s Professional Services Agreement is attached for review. Please note that general provisions and insurance requirements are not subject to change. If your firm is selected following the RFP process, a final agreement will be prepared for 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 RFP and Draft Agreement, 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 RFP are hereby incorporated into the terms and conditions of this RFP. In the event of a conflict of terms and conditions between the RFP 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 consideration by the City, such proposals and materials shall become the property of the City of Buena Park. Proposals may be subject to public inspection and disclosure pursuant to state and federal law after the award of a contract for this project. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorize d representative of the Consultant by written notice to the RFP 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 RFP 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 through this RFP or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amend ed to this written RFP document.

Errors and Omissions
This RFP 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 of the general areas identified in the scope of work and to include in their proposals all materials, equipment, required tasks and subt asks, personnel commitments, staff - hours, labor, direct and indirect costs, etc. Consultant shall not take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications submitted with their proposals. Where 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.

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Right of Rejection
The City reserves the right to: (1) Accept or reject any and all proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request clarification of any information contained in a proposal; (3) Solicit new proposals on the same project, or on a modified project, which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non -conforming, non -responsive, or conditional proposals, (5) Reject the response of any Consultant who does not p ass 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) Negotiate 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 is waived by the City.

During the 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 of the RFP and/or Draft Agreement. All exceptions shall be clearly 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 desc ription 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 responsiveness of any/all proposals. For proposals containing exceptions to specifications and/or requirements, the 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 RFP. 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 product(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.

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Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the prima ry point of contact for all matters pertaining to this RFP and project. Consultant shall not contact any City personnel or entities , other than the RFP Administrator, for 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, including attorney fees, and release in advance and hold harmless the City, its elected officials, officer s, employees, and agents, with respect to any and all claims and liabilities of any nature or kind arising out of or incu rred in connection with Consultant’s participation in this RFP process including: (i) submittal of a proposal; (ii) selection of a different Consultant; and/or (iii) Consultant’s provision of services if Consultant is selected and enters an agreement with the City pursuant to this RFP.

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 RFP solicitation.

Compliance with All Applicable Laws
Consultant declares that it shall comply with all licenses, statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, including, but not limited to, ap propriate state licensing and business licensing.

Compliance with California Labor Code
The work required pursuant to this RFP 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 Cit y prior to performing on any particular project, the Consultant shall comply with all applicable requirements of the California Labor Code including Sections 1720 through 1861 which require payment of prevailing wages, registering with the Department of Industrial Relations prior to execution of an agreeme nt with the City, and m aintaining certified payroll records, all as more fully set forth in Section 15.12 of the Draft Agreement.

Fee Schedule
Fee Schedule shall include any/ all applicable licenses, insurance 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 RFP. City will not be responsible for reimbursing the Consultant for any charges not included in the proposal pricing that are incurred in securing these requirements.

Sub-consultant/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 sub -consultant, this must be

15 | P a g e

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 sub -consultant(s) significantly affects the ability of the Consultant to function as lead on the awarded agreement. The lead Consultant will, at all times, be responsible for the acts and errors or omissions of its sub -consultants or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a Consultant’s request to use sub-consultants is at the sole discretion of the City.

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ATTACHMENTS

• Attachment A – Location Map
• Attachment B – Freeway Maintenance Agreement
• Attachment C – Draft Professional Services Agreement (PSA)

17 | P a g e

Attachment A

Location Map

67856735
66807011 690069807025
6971 68056959 6735
6680
763176417661
7011 690069807025
6971 68056959
74647476
6941
74887489750075017561 7012
7005
7050742174337445746574777422743474467044 7033704570327044703370457032 7651
70207021 751375257537754970337045 75127524753675487560702170207021 699669866976757575817591 7531
70297017700591 KNOTT AVECALTRANS R/W

CALTRANS R/W
7013782070367037702470257012
7661
701070227000700170027065
79907990
799579056981
702470367048
6991
702370357047
6992 8011800180228012800269826992
70487047704870477048 70367035703670357036 70247023702470237024 699169926991 698169828361
70367048 7035
699169926991699269916992 698169826981698269816982697169816972 7047
69826971
70237035
6982699269816991
7024
6971697569816991
7023703570478510 703470487758

KNOTT AVE
66646570 7000
63636475
64406540
7051 70256550
70526664 6550
70526570 7000
63636475
64406540
7051 7025
5KNOTT AVE

CITY OFBUENA PARK

CITY OFLA MIRADAUNION PACIFICRAILROAD
690169116363
6880690064756910
6767678168816725
6700678068006820
690169116363
6880690064756910
6767678168816725
6700678068006820
8TH ST
KNOTT AVENUE AND 8TH STREET PAVEMENT REHABILITATION
DRAWN BY:DATE:

E:\Projects\Street\Active\Knott Ave - Pavement Rehab\CAD\SupportFiles\Exhibit - Design.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.AKNOTT AVE FROMCRESCENT AVE TO ARTESIA BLVDAND 8TH STREETJDM07/2025 MATCHLINE A -SEE LOWER LEFT

MATCHLINE A -SEE UPPER RIGHT

MATCHLINE B -SEE LOWER LEFT

MATCHLINE B -SEE UPPER RIGHT
MATCHLINE C -(8TH ST)

LA PALMA AVE

ORANGETHORPE AVE

ARTESIA BLVD

LA PALMA AVE

ORANGETHORPE AVE
ARTESIA BLVD8TH ST

CABALLERO BLVDN N
MATCHLINE C -(8TH ST)N
N

CRESCENT AVE

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Attachment B

Freeway Maintenance Agreement

19 | P a g e

Attachment C

Draft Professional Services Agreement (PSA)

PAGE 1 OF 17

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

PSA XX-XX

DATE:

SERVICES: Professional Engineering Services

PROJECT: Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project

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

Consultant
Representative:

Name:

Title:

Tel.:

Email:

SUMMARY OF TERMS:

Start Date:

End Date:

Contract Value: $___________

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

(___) City Council
Contract Value > $80,000
(“Levine Act Exhibit” Required)

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

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“Agreement”) is dated as of [_________ ], between the City of Buena Park, a California charter city (“ CITY”), and [NAME OF CONSULTANT], a [ BUSINESS ENTITY] ("CONSULTANT"). CITY and CONSULTANT a re at times referred to herein jointly as “Parties” and individually as a “Party.”

1. TERM. The term of this Agreement shall commence on [_________ ] and shall remain in full force and effect until [_________ ] 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.

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 $ _________________ (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.

5. PAYMENT.

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

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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 shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.

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

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

7.2 In the event that CONSULTANT, or any of its employee s, agent s, 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.

8. ADMINISTRATION.

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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.

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

10. INDEMNIFICATION AND HOLD HARMLESS.

10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys ’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City Indemnitees. CONSULTANT acknow ledges 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 DRAFT

PAGE 5 OF 17

CITY, as determined by final arbitration or court decision or by the agreement of the Parties.

CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense.

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

10.4 Taxes, Assessments, Workers Compensation . CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold 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 statu tory immunity under such statutes or laws as to the CITY or City Indemnitees.

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

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

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

.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).

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

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

.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease.

.4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.

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

11.4 Deductibles and Self-insured Retentions: CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self -insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured 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:

.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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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. CO NSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

.4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.

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

.3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.

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

12. WORK PRODUCT.

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

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

12.2 Ownership.

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

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.3 CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, 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 1 2.2 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 without the prior written consent of CITY. In addition, CONSULTANT shall comply with all CITY policies governing the use of CITY network and technology systems. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

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

15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and DRAFT

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16. SUSPENSION AND TERMINATION.

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

16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT. If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:

.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.

.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render b y CONSULTANT. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.

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

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19. MISCELLANEOUS TERMS.

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

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

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19.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement, constitutes the final, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agreements of the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agree ment. 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:

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PAGE 13 OF 17

Signature

Name:

Title:

ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

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PAGE 14 OF 17

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
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EXHIBIT ___ (if applicable)

PUBLIC WORKS - CALIFORNIA LABOR CODE REQUIREMENTS
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)

If the Services, in whole or in part, constitute “public works” as defined by California law, then CONSULTANT shall comply with the terms and conditions set forth in this PUBLIC WORKS EXHIBIT.

“Public works” include, but is not limited to the following: BOUNDARY SURVEY WORK,

TOPOGRAPHICAL SURVEY WORK, RELOCATION WORK, CONSTRUCTION INSPECTION,

TESTING AND OVERSIGHT SERVICES, SITE ASSEMBLY WORK, PRECONSTRUCTION

TESTING AND INSPECTION SERVICES, INSTALLATION AND REMOVAL OF TEMPORARY

FENCING AT PROJECT SITES, OR GEOTECHNICAL WORK (INCLUDING SOIL AND

COMPACTION TESTING, FIELD TECHNICIAN OBSERVATION OF ALL TRENCHING AND

BACKFILL OPERATIONS, AND FIELD TECHNICIAN INSTALLATION OF MONITORING DEVICES).

As to any portion of the Services that are “public works,” CONSULTANT shall comply in all respects with all applicable provisions of the California Labor Code, including the following:

1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and CITY and CONSULTANT agree to be bound by all the provisions thereof as though set forth fully in this Agreement.

2. CONSULTANT shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to CITY prior to the Effective Date of this Agreement.

3. CONSULTANT agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at:

http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

Applicable prevailing wage determinations are also are on file with CITY and are available to any interested party upon request. CONSULTANT shall, as a penalty to CITY, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by CONSULTANT or by any subcontractor.

4. Pursuant to California Labor Code Section 1771.4, CONSULTANT’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

CONSULTANT shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

DRAFT

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5. CONSULTANT shall comply with the provisions of California Labor Code Section 1776 which, among other things, require CONSULTANT and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform CITY of the location of the records.

CONSULTANT is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. CONSULTANT shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONSULTANT is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. CONSULTANT shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONSULTANT hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

DRAFT

PAGE 17 OF 17

EXHIBIT __ (if applicable)

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

LEVINE ACT DISCLOSURE STATEMENT

California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency from making, participating in, or in any way attempting to influence the awarding of a contract by the agency if the officer receives any political contributions totaling more than $500 in the 12 months preceding the contract award, during the proceeding leading to the contract award, and for 12 months following the final decision on the contract , when the contribution is from any person that has a financing interest in the contract. This prohibition applies to contributions made directly to the officer , received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of any such contributions to be made by a party to be awarded a contract by the local agency. The Levine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.

LEVINE ACT DISCLOSURES:

1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $500 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposal s leading to the contract?

YES ___ NO ___

If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $500 to any member of the Buena Park City Council after the date of the issuance of the request for proposals, or in the 12 months after the City Council’s decision on the contract?

YES ___ NO ___

If yes, please identify the Councilmember(s):

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

_______________________ _____________________________________

DATE SIGNATURE OF AUTHORIZED OFFICIAL

_______________________ _____________________________________

NAME OF COMPANY NAME, TITLE
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PAGE 1 OF 19

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-21

DATE: August 13, 2025

SERVICES: Professional Engineering Services

PROJECT: Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project

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”: Engineering Resources of Southern California, Inc. (ERSC), a California Corporation

Consultant
Representative:

Name: Lori Askew
Title: Director of Engineering
Tel.: (909) 890-1255
Email: [email protected]
SUMMARY OF TERMS:

Start Date: August 13, 2025

End Date: July 31, 2026

Contract Value: $280,385.00

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)

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 o f August 13, 2025, between the City of Buena Park, a California charter city (“CITY”), and Engineering Resources of Southern California, Inc. (ERSC) , 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 August 13, 2025 and shall remain in full force and effect for the duration of the Schedule of Performance and until CONSULTANT’s full and complete performance of the Services to the 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.

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 $280,385.00 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.

5. PAYMENT.

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

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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.

7.2 In the event that CONSULTANT, or any of its employee s, agent s, 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.

8. ADMINISTRATION.

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

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

10. INDEMNIFICATION AND HOLD HARMLESS.

10.2 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 Parties.

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

10.5 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 statu tory immunity under such statutes or laws as to the CITY or City Indemnitees.

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

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

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

.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

PAGE 6 OF 19

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:

.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease.

.4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.

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

11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:

.1 Except with respect to Employer’s Liability or Professional Liability/E&O policies required by this Section 11, CITY and City Indemnitees shall be named as additional insureds (collectively “ Additional Insureds”). Additional Insured endorsements shall not: (a) be limited to “Ongoing Operations”; (b) exclude “Contractual Operations”; (c) restrict coverage to the “Sole” liability of CONSULTANT; or (d) contain any other exclusion contrary to this Agreement.

.2 For any claims related to this Agreement or the Services performed under this Agreement, CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by Additional Insureds . Any insurance or self -insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.
.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

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require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

.4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.

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

.3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.

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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 contrac t used by any subcontractor, or contract CONSULTANT enters into on behalf of CITY, shall reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT shall, upon request, submit to CITY for review, all agreements with subcontractors or others with whom CONSULTANT contracts with on behalf of CITY, and all certificates of insurance obtained in compliance with Section 11.8.

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

12. WORK PRODUCT.

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

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

12.2 Ownership.

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

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indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names , licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.

In the event any the use of any of the Work Product or other deliverables hereunder by CI TY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. CONSULTANT’s covenants under this Section 12.2 shall survive th e 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 without the prior written consent of CITY. In addition, CONSULTANT shall comply with all CITY policies governing the use of CITY network and technology systems. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

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

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

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transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.

16. SUSPENSION AND TERMINATION.

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

16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT. If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:

.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.

.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing i s cumulative and does not affect any right or remedy that CITY may have in law or equity.

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

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19. MISCELLANEOUS TERMS.

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

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

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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.

[signatures of parties on follow page]

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CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*

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 14 OF 19

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 Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8 th St Rehabilitation Project (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 14 of the PROPOSAL.

Consultant shall be paid by labor hours and in a total not-to-exceed amount of $280,385.00 for full and complete performance of the Services, as described in the CONSULTANT’s Design Budget, attached as “Exhibit A-2”. No additional compensation will be authorized unless agreed to by both parties as detailed within this professional services agreement.

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EXHIBIT A-1

[Consultant’s Proposal dated July 24, 2025, behind this page]

SERVICES PROPOSAL
Knott Avenue (Crescent Avenue
to Artesia Boulevard) and 8th
Street Rehabilitation Project
Submitted: July 24, 2025
1861 W . Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Local Office:
1861 W. Redlands Blvd.

Redlands, CA 92373
(909) 890-1255, [email protected]
Evaluation Period Contact:

Lori Askew
Project Manager
(909) 890-1255
[email protected]
RE: Services Proposal - Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project Plans, Specifications, and Estimate
Dear Mr. Miller:

Engineering Resources of Southern California, Inc. (ERSC) is pleased to have the opportunity to submit our qualifications to the City of Buena Park (City) as qualified and experienced consultants to provide Professional Civil Engineering Services for the subject project.

Based on our review of the RFP , knowledge of civil engineering, consultation of available supporting documents, and observation of the project site, we have developed a thorough understanding of the scope of services in order to provide outstanding service to the City.

John M. Brudin, P .E. - Principal-in-Charge
John “Matt” Brudin will serve as ERSC’s Principal-in-Charge during the term of a potential agreement with the City. Mr. Brudin brings over 30 years of civil engineering experience in complex planning, design, and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant, ensuring that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines, including site development, streets and roads, grading and drainage, and flood control facilities. Matt will provide design guidance, QA/QC, and industry expertise to the ERSC team.

Lori Askew, Project Manager
Lori Askew will serve as ERSC’s Project Manager during the term of a potential agreement with the City. She has over 30 years of Civil Engineering design and management experience in Public Works projects. She spent 20 of those years as a municipal employee, so she understands the intricacies of working in a local agency. The City can be confident that this project will be executed under the supervision and guidance of highly trained professionals under Lori’s leadership.

ERSC understands that the City wants to select the firm that best fits its goals. In selecting ERSC, the City will benefit from the following:
• Familiarity – ERSC has served numerous municipal agencies, and our Project Manager has served as a department head in three cities so she understands the workings of a municipality. • Experience – ERSC’s project library includes all civil engineering disciplines. Our firm focuses solely on the public sector and public works projects. We have prepared numerous pavement rehabilitation plans for several cities throughout southern California.

By selecting ERSC, the City will benefit from the wealth of knowledge and experience that our team possesses, and we are confident in our abilities to go above and beyond to deliver exceptional service to the City.

I have read, understood, and agree to all statements in this Request for Proposal and acknowledge receipt of all addendum/amendments and Q & A, as well as to the terms, conditions, and attachments referenced. This proposal shall be valid for a period of not less than 180 calendar days from the closing date and time of the Request for Proposal.

We look forward to the possibility of working with the City and thank you for the opportunity to submit this proposal. If you have any questions or require additional information, please contact me at [email protected] or (909) 890-1255, ext. 103, or Ms. Askew at ext. 110.

Respectfully submitted,
John M. Brudin, PE Lori Ask ew
President Dir ector of Engineering – Project Manager
July 24, 2025
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
Attn: Jaden Miller, P .E., Associate Engineer

T able of Contents
1 7
10 13
15 Scope of Work
Firm Background and Personnel
References
Schedule
Appendix
Resumes
Work Samples
Scope of Work
1 <Section Title>Scope of Work
Project Understanding
It is understood that the City of Buena Park (City) desires to have nearly two miles of roadway asphalt pavement rehabilitated, along with the removal and replacement of damaged curb and gutter, cross-gutters, sidewalks, and non-compliant ADA ramps on Knott Avenue. Additionally, utility adjustments will be designated as necessary, and signing and striping plans will be generated. Traffic control plans will also be prepared for use during construction. The Project is budgeted in the City’s CIP , with funding sources including the Gas Tax, Road Maintenance & Rehabilitation Account (SB1), and Orange County’s Measure M2.

Review of the City’s General Plan, Mobility Element Section Exhibit M-1, Existing Circulation Plan identifies Knott Avenue as Primary Highway. 8th Street is not shown on this Exhibit, so it is assumed to be a Local Street. According to Table M-1, Functional Classifications and Roadway Characteristics, the Primary Arterial Classification is defined as a roadway with a curb-to-curb width of 84 feet, including a 14 foot median. Local Street dimensions are not listed in Table M-1. Record plans downloaded from the City’s Portal identify 8th Street with a 64 foot right of way and 52 foot curb-to-curb dimension.

The improvements for this Project will be along Knott Avenue from Crescent Avenue to Artesia Boulevard; and 8th Street west of Knott Avenue through the cul-de-sac. It is understood that the City will provide a soils report, which will provide recommended pavement rehabilitation methods for the various segments along Knott Avenue and 8th Street.

While the Project itself is not complicated in design, it will pose challenges in a few areas. The pavement along Knott Avenue will require the joining of pavement within Caltrans’ right-of-way for the on- and off-ramps of SR-91. Detailed traffic control plans will be required by Caltrans when construction is adjacent to their right-of-way or affects the movement of traffic seeking to enter or exit the freeways (SR 91 and I-5). Additionally, coordination with UPRR will be necessary when construction activities occur near and adjacent to the tracks along Artesia Blvd. The demolition of existing pavement and construction of new pavement will require coordination of construction equipment, particularly when staging near the tracks or moving back and forth over them, as well as the joining of sidewalk, curb, and gutter with those improvements located in the UPRR right of way. Traffic control plans may require flaggers when work is near the tracks.

ERSC is currently working on completing similar pavement design services for the Cities of Hemet, Fontana, and Jurupa Valley. Hemet’s Project consists of nearly one mile of pavement rehabilitation along two 4-lane divided streets – State Street and Stetson Avenue.

Fontana’s Project encompasses nearly 1.2 miles of roadway rehabilitation, in addition to design for the reconstruction of 24 ADA ramps for local, collector, and major highway classification streets. And finally, the Jurupa Valley project includes more than 3.6 miles of pavement rehabilitation and the reconstruction of 32 ADA ramps along various classifications of streets, including collector and local roads.

Scope of Work
TASK 1. - PROJECT MANAGEMENT AND COORDINATION
Project Management
ERSC will work with the City to schedule a project kick-off meeting. The intent of this meeting will be to introduce both sides of the Team and understand the varying roles of team members. This meeting will allow our Team to review any changes in the project scope, ask and answer questions that either side may have on the Project, and understand any special requirements the City may request as a part of the Project. This task also includes attendance at monthly progress/milestone meetings, whether held in the field, office, or via teleconference, as directed by the City, occurring throughout the project design. In addition, this task will include the management of the Project for ERSC’s design services, including but not limited to invoicing, filing, schedule updates, and various administrative tasks.

Deliverables:
• Meeting Agenda and Minutes
• Monthly Invoices with Progress Reports
• Schedule Updates
Project Coordination
ERSC shall coordinate the project efforts of producing Plans, Specifications, and Cost Estimates. This shall include coordinating design changes by the City, affected agencies, and other stakeholders that may provide input, suggestions, and/or restrictions for the Project.

These will include Caltrans for coordination of right-of-way limits where Knott Avenue goes under the 91 Freeway, Union Pacific Railroad, where the tracks near Artesia Boulevard cross Knott Avenue, and the Orange County Transportation Authority for bus turnouts along Knott Avenue. ERSC will work with all affected parties to accommodate their requests and requirements to the maximum extent possible. Should revisions related to requests by any stakeholder result in major redesign of work already completed, ERSC will prepare a revised scope and budget for the City’s review and concurrence.

TASK 2. – DETAILED DESIGN
As-Built Research, Investigation & Review
ERSC will research all available record data, including as-built documents, traffic data, and any other available record data, by requesting this information from City staff. Our Team will coordinate with the City to obtain any record drawings for the project area, including, but not limited to, Street Improvements, Signing and Striping, Street Lights, Storm Drainage, Water, Sewer, Traffic Signals, and other Utilities. Our Team will utilize this data in the design of the Project and will incorporate it into the project drawings for record purposes. 2 <Section Title>Scope of Work
Utility Coordination, Research & Notification
ERSC will conduct utility research by obtaining all utility information within the project limits, and notify Dig Alert to get a list of utility providers. It is anticipated this will include, but not be limited to, Spectrum, AT&T, Time Warner Cable, Southern California Gas, and Southern California Edison. Several of these utilities have visible appurtenances located within the current street right-of-way. Our Team will perform an initial notice via email (with return receipt) or certified mail return receipt, depending on the organization.

Correspondence is recommended to be on City letterhead, sent from a City email account to avoid fees from the various carriers, and documented and filed in the project files. Record and Atlas maps received will be used to show utility locations on the plans.

ERSC will conduct further field investigations to locate, identify, and verify the locations of existing utilities and determine their status.

In addition, our Team will obtain and review all applicable base map plans, atlas maps, substructure maps, specifications, reports, and record data for all existing utilities, agencies, and companies involved in the project area. All utility research shall be incorporated into plan and profile drawings, along with applicable details. Should any of the utilities conflict with the proposed improvements, ERSC will discuss the matter with City staff to determine the preferred solution, taking into account whether the Utility has prior rights.

Utility potholing for this Project will occur once all utilities have been mapped, the site has been verified at the surface, and they have been included in the base plans. The proposed design generated on the Street Improvement Plan will identify areas of conflict. Besides looking for physical conflicts, grade change will be looked at to see if minimum/maximum cover criteria for the various Utilities are compromised. Once areas of conflict are determined, a map will be generated for pothole location and submitted to at least three Pothole companies to obtain competitive bids. ERSC will work with the pothole contractor to pull a City No-Fee Encroachment Permit.

Our fee estimate includes a lump sum cost for potholing work by a utility pothole company and/or contractor. To locate existing utilities, which is based upon 10 pothole locations being required. Should additional conflicts be identified that require potholing, ERSC will discuss with the City an extra service authorization to perform this work.

Upon completion of the final design drawings and approval by the City, ERSC will provide all affected utility agencies with final plans and a construction schedule, if available.

Deliverables:
• Copies of all correspondence/notices with affected utility agencies • Copies of maps and record data provided by the affected utility agencies. • Pothole Map and Final Report
Street Improvement Plans
With information gathered in prior tasks, ERSC will create base maps on which to design the proposed pavement rehabilitation plans.

The record drawings obtained from the City and Utility information received will be meshed with the contours from the aerial survey and surface items obtained from the topographic survey to create a comprehensive base plan for preparing demolition and improvement plans. It is anticipated that all to-scale plans will be prepared at a scale of 1” = 20’ or 40’, as per City preference. Details will be prepared on a larger scale as necessary to provide clarity.

Street improvement plans will provide a plan and profile. The plan will display both sides of the street, including right-of-way lines, and all existing surface and below-grade topography. Profiles will be shown for all streets as indicated in the RFP . Existing profiles will be displayed for the centerline and either the TC or edge of the gutter on either side of the roadway. Depending upon the pavement rehabilitation method, proposed profiles may be generated. If the treatment method is slurry seal or grind and overlay, then no new profiles will be generated unless overlay is requested to a greater thickness than what was ground off. For pavement rehabilitation involving removal and replacement, proposed profiles will be generated. It is assumed that all pavement rehabilitation will be between the existing curb and gutter, with the joining of pavement at the edge of the gutter or raised medians where they occur. Traffic loops will be identified for removal and replacement in all pavement rehabilitation locations. It is understood there may be sections of curb and gutter, cross-gutter, and sidewalk that require removal and replacement. These locations will be depicted in plan, and appropriate profiles will be generated. Joining the existing ground surface at the back of the walk is anticipated for all sidewalk rehabilitation projects. Minor grading may be performed to ensure a clean and smooth transition from the back of the walk to the right of way. It is not anticipated that any road widening will be part of this Project.

Survey will have picked up all curb return elevations and they will be reviewed for ADA compliance with current requirements. ERSC will review and discuss with the City any potential challenges associated with the reconstruction of new ADA ramps that may impact adjacent properties. Where necessary to show or clarify modifications, ramps will be detailed at a 1” = 10’ scale. Clearance and ramp dimensions, as well as slopes and spot elevations to confirm slopes, will be provided.

Sheets containing cross-sections at 25 or 50-foot intervals shall be generated for use in design and City review, but will only be incorporated into the project plans if requested.

Signing and Striping Plans
ERSC will prepare the signing and striping plans at a scale of 1” = 20’ or 40’. The plans will include full geometry of Knott Avenue and 8th Street. The plans will show existing signing, striping, pavement, and curb markings, required removals, required signs to be protected in place, and proposed improvements. It is assumed that all existing pavement markings will need to be replaced as part of the full pavement rehabilitation. If streets Sample ADA Ramp Detail
3 <Section Title>Scope of Work
are only to be slurry sealed, existing markings will be removed by sandblasting or other City-approved method. It is assumed that all pavement markings will be replaced in-kind unless the City requests a different marking configuration. New pavement delineation may include appropriate turn pocket lengths based on available City-supplied traffic counts and/or queuing analysis, with transitional areas to join existing lanes. This may also include crosswalk striping, STOP bars, and legends, as well as other markings deemed necessary.

Plans will identify the location and type of all existing/proposed signs by CAMUTCD sign code and will include provisions to remove and replace existing signs with new and improved signs to meet the latest retro-reflectivity requirements as needed.

Traffic Control Plans
ERSC’s team will prepare a Traffic Control Plan (TCP) to be used during the construction phase of the Project. The TCP will adhere to the CAMUTCD, current version, and all other applicable State and local standards. The traffic control plans will be provided at the 90% and final submittals. The plans will provide detailed traffic control directions, assuming that out-of-area tourists will seek access to tourist venues such as Knott’s Berry Farm. Additionally, the TCP will need to be coordinated with Caltrans when pavement work is adjacent to the on- and off-ramps for SR-91. Traffic control in the form of warning signs may be required within Caltrans’ right of way at the end of the southbound off-ramp of the Santa Ana Freeway, indicating left and right turns only, when Knott Avenue is under construction.

Construction Cost Estimate & Specifications
ERSC will prepare the Technical Provisions of the Specifications and the Bidding Schedule, which will identify all Civil Engineering-related bid items for the Project for incorporation into the General Provisions part of the Specifications, which is assumed to be supplied by the City of Buena Park. Specifications will be prepared based on the latest edition of the Greenbook and Caltrans guidelines, in Word format. The Engineer’s Estimate will be prepared in Excel format unless otherwise requested.

All submittals shall include electronic versions of the documents in a format acceptable to the City.

Deliverables:
• 60% Design Drawings (Plan & Profile, Sections, Signing & Striping) and Estimate • 90% Design Drawings (Plan & Profile, Sections, Details, Signing & Striping, Traffic Control Plans) Specifications, and Estimate • 100% Contract Drawings, Specifications, Estimate (Bid Set) and all associated CAD files • List of standard and non-standard design features
Storm Water Pollution Prevention Plan
The General Construction Permit defines “routine maintenance for road and highway projects as the replacement of the structural section, but not when the activity exposes the underlying soil or erodible subgrade. The road surface and base are not part of the subgrade. As such, those portions of a project that remove the paved road surface and base down to the erodible subgrade and /or underlying soil would not be considered routine maintenance.” ERSC will prepare a SWPPP for the Knott Avenue and/or 8th Street pending the pavement rehabilitation method and location. If a SWPPP is determined to be required, as street design plans are prepared for 60% submittal, ERSC will prepare a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan (SWPPP) for the project and submit a draft version for the City to review. Comments will be incorporated into the plan for final submittal to the Regional Water Quality Control Board.

ERSC will prepare the SWPPP Permit Registration Documents (PRD) and upload to the State Water Board’s Stormwater Multiple Application and Report Tracking System (SMARTS). The task of preparing the SWPPP includes the preparation of the Notice of Intent, the plan document, location map, GIS-based mapping, erosion control plans, post-construction BMP requirements, and other associated graphics, specified exhibits, and appendices.

The final SWPPP includes discussions of the purpose and objectives, source identification, potential pollutants and sources, structural and non-structural Best Management Practices (BMPs), erosion and sediment control maintenance procedures, inspection and repair, related permits, and monitoring and reporting.

SWPPP Documents prepared by ERSC will, as specified in the General Permit, address and fulfill the following objectives and requirements:
• All pollutants and their sources, including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity, are controlled; • Where not otherwise required to be under a Regional Water Board permit, all non-stormwater discharges are identified and either eliminated, controlled or treated;
• Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non- stormwater discharges from control activity to the BAT/BCT standard; • Calculations and design details, as well as BMP controls for site run-on, are complete and correct, and; • Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed.

To demonstrate compliance with the requirements of the General Permit, the QSD shall include information in the SWPPP that supports the conclusions, selections, use, and maintenance of BMPs.

Following issuance of the Waste Discharge Identification Number (WDID) by the State Water Resource Control Board (SWRCB) and onset of construction, if the City desires, services by the ERSC team may then include weekly site inspection services, monitoring of contractor’s erosion control devices installation and maintenance, provide visual observation of non-stormwater discharges, 4 <Section Title>Scope of Work
prepare required documentation, sample run-off water and test for quality during qualified wet weather events, and preparation of all documentation and paperwork required. After construction, ERSC will prepare a Notice of Termination (NOT) to the SWRCB, certifying compliance with the General Permit or a letter describing items that need to be resolved. NOT documents will be uploaded to SMARTS.

Services included in this task are limited to the preparation and upload of the SWPPP . Construction inspections and NOT services are not included but may be negotiated separately if the City desires.

Deliverables:
• Notice of Intent
• Storm Water Pollution Prevention Plan (Draft and Final) Water Quality Management Plan (WQMP)
The City of Buena Park falls wholly within the jurisdiction of the Santa Ana Region Water Quality Control Board. ERSC shall prepare a WQMP for the subject Project following the WQMP Template provided by the City. Based upon criteria identified in Section 7-II-1.5 Public Agency Projects of the Model Water Quality Management Plan (Model WQMP) it appears a WQMP will be required for this Project as Priority Project Categories include “Streets, roads, highways, and freeways….which include any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles and other vehicles.” Since this project does not propose any improvements, such as widening the street, but only pavement rehabilitation and replacement of damaged curb, gutter, and sidewalk, it will most likely be cost-prohibitive to install BMPs other than full Trash Capture. This will be thoroughly reviewed and discussed with the City.

Deliverables:
• Draft and Final WQMP
Geotechnical Investigation
The RFP indicated an engineering soils report will be provided to the selected Consultant. ERSC shall review this report for pavement rehabilitation recommendations. A matrix of pavement rehabilitation methods for the various street segments will be generated, with area and rough cost estimates to be determined early in the Project. This will be shared with the City to determine if the estimated construction cost is within the Construction Budget. ERSC will have one or two pavement rehabilitation alternatives along with the associated street segments prepared in anticipation of budget challenges.

Bidding Support Phase
Our Project Manager and key personnel shall attend Pre-Bid Construction Meetings and other office and field meetings as necessary to clarify any design questions raised and identified in the plans before the commencement of construction. ERSC will work closely with City staff to respond to all bid inquiries and questions relating to the plans and specifications during the bid period. Should addenda be required, our team will assist the City with their preparation. All written responses to Contractor inquiries will be provided within two (2) working days of receipt of the Contractor’s request. Along with this support, we will also be available to attend the bid opening. If requested, our staff will conduct a review of the bids and supporting documentation to confirm the lowest responsive and responsible bidder. Once this review is complete, we will make a recommendation and assist the City with the acceptance and award of the project, or with a rebid if necessary.

Deliverables:
• Written responses to all inquiries and questions within two (2) working days • Preparation and assistance in Bid Addenda
Construction Support Phase
ERSC’s Project Manager and key personnel will provide review of shop drawings and materials/product submittals for conformance with the plans and specifications prior to and during construction. In addition, our staff will be available to review and respond to Contractor’s Requests for Information (RFIs), review any change orders (COs), and provide clarification of design intent when necessary.

ERSC will also assist in the preparation of addenda and any plan revisions due to construction changes.

Deliverables:
• Review and written approval of materials/product submittals • Written responses to RFIs and COs
• Preparation of addenda
Record/As-Built Drawings
When the project construction is completed, ERSC will prepare the As-Built plans. ERSC will revise the necessary construction plans to incorporate plan revisions due to construction changes. Within thirty (30) days following the completion and acceptance of the Project, ERSC will furnish a complete set of As-Builts on Bond paper to the City. Revisions will be solely based upon as-built information provided to the City and ERSC by the City's Construction Manager and the Contractor. Upon approval of the bond copy of plans by the City, ERSC will plot the As-Builts on Mylar for submittal to the City for their records.

Deliverables:
• Final "as-built" drawings reflecting construction changes Environmental
The RFP indicated the City will provide the required environmental approval through the California Environmental Quality Act (CEQA). 5 <Section Title>Scope of Work
TASK 3. – PERMITTING & REGULATIONS
Caltrans Encroachment Permit
ERSC will approach Caltrans for an encroachment permit for construction and traffic control within their right-of-way. In previous projects ERSC has worked on with Caltrans coordination, Caltrans has required highly detailed design for each pedestrian ramp and will have an extensive review process for traffic control and pavement improvement plans. Caltrans has also previously required a different pavement design in their right of way. ERSC will put forward an earnest effort to get a timely Caltrans permit review, but experience suggests there will likely be multiple iterations. Lessons learned from previous projects will be applied to streamline this process.

Deliverables:
• Caltrans Encroachment Permit
Railroad Coordination
It is anticipated that no permits will be required to be obtained from Union Pacific Railroad (UPRR) as all work associated with this Project will end before entering the UPRR right of way. However, it is assumed that there will be coordination efforts between the City’s Project and UPRR, such as providing UPRR with the improvement plans near their right-of-way for review and continued coordination during construction. There may be various minor requests from UPRR that may require incorporation into the plans, with the City’s concurrence.

TASK 4. - SURVEY
ERSC will provide the aerial targets required for Inland Aerial Surveys, Inc., who will fly the Project and produce the survey at a 1” = 40’ scale with a 1’ contour interval. ERSC will research available record information about the project area, including Tract Maps, Records of Survey, Parcel Maps, and right-of-way maps, to prepare the base maps on which the street design will be based. The project site will be flown to have a survey provided that extends minimally 10 feet beyond the project limits and width of right-of-way to right-of-way.

ERSC will perform the office work and field work required to prepare the background for the design. Staff will research and review available survey records at the County of Orange and the City of Buena Park. Survey control will be established to confirm horizontal and vertical control. ERSC will perform a field topographic survey of the project limits, identifying all surface topography as shown in the aerial and collecting elevations for such topography.

Aerial survey will depict both sides of the street. A survey for surface topography will be conducted to locate right-of-way, curb, gutter, sidewalk, edge of pavement, trees, streetlights, signage, and surface utilities, with the specific intention of identifying obstructions in the way of installing street improvements and constructing curb, gutter, and sidewalk. Data will be collected to enable plotting cross sections at 25-foot intervals or closer, as needed, to depict accurate conditions. At intersections, topographic survey will be obtained a minimum of 10 feet beyond the existing curb radius on both sides of the street. Elevations at all proposed join points will be obtained, and all existing ADA ramps will be checked to confirm they meet current standards.

Deliverables:
• Topographic Base Map at 40' scale with 1' contour intervals (Autocad format) • Digital Terrain Model (DTM surface)
• Survey Control Plan
• Inventory of Existing Survey Monuments
Exclusions
This proposal does not include preparation of Environmental Documents, Hydrology/Hydraulic Analysis or Reports. 6 Firm Background
and Personnel
7 <Section Title>Firm Background and Personnel
ERSC Background
Engineering Resources of Southern California, Inc. (ERSC) was formed in 1996 with the asset purchase of NBS/Lowry, Inc. Since formation, ERSC has been committed to serving Special Districts, Regional Agencies, and Municipalities in Southern California’s public sector. Our team provides a comprehensive set of professional services and solutions for the life of any potential project.

ERSC Reliability
Our 29-year service record is a testimony to the quality of services we provide. Many of our clients continue to seek our services, and have done so since our first year of business. ERSC has also developed significant financial resources and organizational efficiencies that allow us to consistently exceed client expectations.

Consultant’s Representatives
John M. Brudin, PE - Principal in Charge - Primary Representative Over the past 29 years, Mr. Brudin has been at the helm of ERSC and involved in a number of complex planning, design and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. He has broad experience in various disciplines including water resources, site development, streets and roads, grading and drainage and flood control facilities. Mr. Brudin served as a District Engineer for the Lake Hemet Municipal Water District, City Engineer for the City of Hemet, and as a Project Manager for professional engineering and plan check services for several cities in the Orange, Riverside and San Bernardino County areas.

Seth Jenison, PE, TE, PTOE - Alternate Representative
Seth brings a decade of diverse and hands-on experience in the traffic and transportation engineering field, gained from both private consulting and direct employment within municipal agencies. Seth will serve as the Alternate Representative for this project if Mr.

Brudin is not available to perform the services described in the scope of work Project Team
ERSC’s project team is comprised of professionals who offer the familiarity, experience, and merit in completed tasks and projects similar to those described in the RFP . ERSC understands that we are an extension of your team, therefore we make our engineers, engineering technicians, construction managers, and administration team easily accessible. ERSC aims to provide a team that will provide not only a complete project, but also the flexibility to meet the requirements and expectations of the City.

Resumes for key staff are also included in the Appendix of this proposal for review of detailed biographies and experience summaries.

Lori Askew - Project Manager
Ms. Askew has over 30 years of experience in design and management of public and private improvement projects, five of those with ERSC. She spent the preceding 20 years as a local municipal employee in Public Works with the last eight years in an executive management position overseeing various levels of staff and consultants. She has managed Capital Improvement Program projects for streets, storm drains, water and sewer in addition to large land development projects with significant grading challenges. She is very knowledgeable in understanding the workings and challenges of local government and comprehends the constraints of various City funding sources. Ms. Askew has been city liaison to Western Riverside Council of Governments (WRCOG), Riverside County Flood Control & Water Conservation District, Caltrans, Riverside County Transportation Commission (RCTC), several water districts and school boards.

John M. Brudin, PE
Principal in Charge
Primary Representative
Project Manager
Lori Askew
Project T eam
T rent Brudin, PE
Project Engineer
Katherine Hernandez
Project Designer
Gabriela Rodriguez
Project Designer
Robert Ollerton, PLS
Principal Surveyor
Professional &
General Liability
$5.0m Per Occurrence;
$5.0m Aggregate
Automobile $1.0m Combined Single Limit
Worker’s Comp Maintained as Required by Law
ERSC Insurance Coverage LevelsVital Information
CA Corporation
29 Y ears in Business
43 Employees
FEIN: 33-0718153
CA DIR: 1000017460
Project Contact
Lori Askew
Director of Engineering
Phone: (909) 890-1255
Fax: (909) 890-0995
[email protected]
Corporate Officers
John M. Brudin, PE - President
Moe Ahmadi, PE - Vice President
T rent Brudin, PE - Secretary
Craig Brudin - T reasurer
Our Locations
San Bernardino County
(Headquarters)
1861 W. Redlands Blvd.

Redlands, CA 92373
Southwest Riverside County
41593 Winchester Rd., Ste. 200
T emecula, CA 92590
Coachella Valley
77-564 Country Club Dr.

Palm Desert, CA 92211
R
T
P
8 DESCRIPTION
Principal in Charge
President
Matt Brudin, PE, QSD
Project Manager
Sr. Principal Engineer
Lori Askew
Project Engineer
Engineer V
Trent Brudin, PE
Project Designer
Engineer III
Katherine Hernandez
Principal Surveyor
Robert Ollerton, PLS
2-Man Survey Crew
Project Designer
Engineer II
Surveyor I

ERSC SUBTOTAL
Inland Aerial Surveys, Inc.

Potholing

SUBCONSULTANT SUBTOTAL
TOTAL
P
roject Management 24 0 1 0 1 0 2 - - - 6 4 - - - 6 4 Project Coordination -2 0 1 0 - - - - 3 0 - - - 3 0 SUBTOTAL 26 0 2 0 1 0 2 0 0 0 9 4 0 0 0 9 4
As-Built Research - 2 2 8 - - 8 - 2 0 - - - 2 0
Utility Coordination, Research & Notification - 1 2 8 - 24 16 12 63 - 40 40 103 Street Improvement Plans 1 4 20 40 - - 200 - 265 - - - 265 Signing & Striping Plans 1 2 10 10 - - 60 - 83 - - - 83 Traffic Control Plans - 4 20 10 - - 40 - 74 - - - 74 Construction Cost Estimate & Specifications - 4 20 40 - - 20 - 84 - - - 84 Storm Water Pollution Prevention Plan (SWPPP) 1 2 10 20 - - 20 - 53 - - - 53 Water Quality Management Plan (WQMP) 1 2 20 20 - 20 - 63 - - - 63 Bidding Support Phase -1 8 8 - -1 0 - 27 - - - 27 Construction Support Phase 1 2 16 8 - - 10 - 37 - - - 37 Record/As-Built Drawings 11 2 4 - - 2 0 - 28 - - - 28 SUBTOTAL 6 25 130 176 - 24 424 12 797 0 40 40 837

PERMITTING & REGULATIONS
Caltrans - 5 30 30 - - 10 - 75 - - - 75
Union Pacific Railroad - 2 10 10 - - 10 - 32 - - - 32 SUBTOTAL 0 7 40 40 0 0 20 0 107 0 0 0 107
SURVEY
Survey & Mapping - - - - 40 128 - 168 336 45 - 45 381 SUBTOTAL 0 0 0 0 40 128 0 168 336 45 0 45 381
PROJECT TOTAL HOURS 8 92 190 226 42 152 444 180 1,334 45 40 85 1,419

RESOURCE ALLOCATION MATRIX
City of Buena Park
Engineering Design Services for Knott Avenue (Cresent Avenue to Artesia Boulevard) & 8th Street Rehabilitation Project - P, S & E TASK NO.

Task 1 PROJECT MANAGEMENT & COORDINATION
Task 3
a.
b.

Task 2 DETAILED DESIGN
a.
b.

Task 4
9 References
10 <Section Title>References
Traffic and Transportation Capabilities
ERSC has provided traffic and transportation planning, design, and construction phase services since its inception. Our traffic and transportation clients include municipalities, government agencies, and special districts throughout the region. Many of these clients have extended service agreements to retain our services outside of the original contract period. These clients benefit from the expertise of our team as we have completed thousands of projects throughout our different clients in the region.

We welcome the City of Buena Park to contact our references to attest to the capabilities of our team:

Shawn Matejcek,
Project Coordinator
(909) 350-7649
[email protected]

CITY OF FONTANA, CA
Pavement Rehabilitation and Street Improvement Project - Hot Spot: Under an on- call agreement with the City of Fontana, ERSC was contracted to provide professional engineering services related to pavement rehabilitation and PCC improvements of various streets. Work included preparation of plans, specifications, quantity and cost estimates, suitable for approval by the City for construction of street improvements including pavement rehabilitation and installation of various street items including AC berms, concrete curb and gutter, ADA ramps and sidewalk. Services also included Project Management, Survey, assistance in bidding, limited construction services which will include attendance at the preconstruction meeting, preparation of record plans, and other meetings specific to the project and preparation of Record Drawings. Affected streets included:
• Lime Ave – Randall Ave to Fontana Ave
• Almond Ave – San Bernardino Ave to Valley Blvd
• Hemlock Ave – Valley Blvd to Washington Dr & south to end of cul-de-sac • Elm Ave – San Bernardino Ave to Valley Blvd
• Redwood Ave – Slover Ave to Santa Ana Ave
• Aliso Dr – Cherry Ave to Redwood Ave
• Merrill Ave – Catawba Ave west to City Limits
Street Rehabilitation Project at Foothill Blvd.: Under an on-call agreement with the City of Fontana, ERSC was contracted to provide professional engineering services related to Street Rehabilitation Project at Foothill Boulevard and future locations throughout the City. In its continuing effort to maintain its street asset, the City of Fontana (City) is executing pavement rehabilitation of various street reaches - Foothill Boulevard, from East Avenue to Hemlock Avenue in addition to the streets that are south of Foothill Boulevard to the County Line. In addition, the project includes identifying and remedying ADA deficiencies.

Rehabilitation of Alicia Parkway: The City of Aliso Viejo contracted with ERSC for the rehabilitation of Alicia Parkway from Pacific Park Drive to City limits. Alicia Parkway is classified as a Major Arterial (6-Lanes, Divided) per the City of Aliso Viejo General Plan, Circulation Element. In addition, the Circulation Element calls for a Class II “bike lane” along this segment of roadway. To assist the City of Aliso Viejo in maintaining the condition and riding surface of Alicia Parkway, ERSC prepared all necessary survey, roadway improvement plans and specifications, as well as signing and striping and traffic control plans.

Rehabilitation of Pacific Park Drive: The City of Aliso Viejo contracted with ERSC for the rehabilitation of Pacific Park Drive from Aliso Viejo Parkway to Aliso Creek Road. Pacific Park Drive is classified as a Major Arterial (6-Lanes, Divided) per the City of Aliso Viejo General Plan, Circulation Element. In addition, the Circulation Element calls for a Class II “bike lane” along this segment of roadway. To assist the City of Aliso Viejo in maintaining the condition and riding surface of Pacific Park, ERSC will prepare roadway improvement plans and specifications, as well as signing and striping and traffic control plans for full depth replacement of failed pavement and base, sidewalk improvements, and ADA improvements.

Aliso Creek Road - Wolverine Way to Alicia Parkway: The City of Aliso Viejo contracted with ERSC for the Aliso Creek Road Roadway Improvement Project in the City. The City initiated the project to address the deteriorating roadway between Wolverine Way to Alicia Parkway. The project includes grind/overlay for the six-lane road segment, ADA Ramps, and bus pads along with the associated signing, striping, and traffic signal loop replacements. ERSC’s survey crews performed all field data collecting, control surveys, and base mapping during the project.

ON-CALL ENGINEERING SERVICES, CITY OF ALISO VIEJO, CA
Shaun S. Pelletier, PE,
Public Works Director/City Engineer
(949) 425-2533
[email protected]
ERSC Project Team:

John M. Brudin, PE
Lori Askew
Craig Brudin, QSP ,QSD
Travis Moffatt, EIT
Katherine Hernandez
ERSC Project Team:

John M. Brudin, PE
Trent Brudin, PE
Gabriela Rodriguez
11 <Section Title>References
Carlos Zamano, PE
Assistant Public Works Director
(909) 864-6861
[email protected]

CITY OF HIGHLAND, CA
Tippecanoe Pavement Rehabilitation: ERSC provided professional engineering services related to Cooperative City/County Pavement Rehabilitation Project, involving the pavement rehabilitation of five street reaches covering four streets. For Tippecanoe Avenue, existing AC and native material was pulverized in place, a portion of the pulverized material removed, cement added to the remaining pulverized material, followed by placement of HMA and RHMA for the reach from 3rd to 6th.

Sector E Pavement Rehabilitation: ERSC was retained by the City of Highland to provide engineering services related to the City’s proposed Pavement Management Program, Sector E, Pavement Rehabilitation, str20001. The City has proposed rehabilitation of 15 streets in Sector E, located in the southeast portion of the City in an effort to complete implementation of its comprehensive 5-Year Pavement Management Program (PMP).

The project is funded with SB – 1, local Measure I, and RAC grant funds.

The scope of work will also likely include design for features and/or replacements not yet identified nor quantified to protect the pavement investment from drainage damage and assure ADA compliance. Additionally, formal striping/marking plans are anticipated to be required for the single arterial street, Greenspot Road. A flood channel crossing of Webster Street is located in SBCFCD right-of-way, and therefore may also entail coordination/permitting from that agency.

ERSC will conduct site visits to assess condition/location of the drainage related issues and of ADA compliance issues concerning damaged or missing ramps. To further assist we will contract with a subconsultant geotechnical firm for a visual inspection of all streets and additional subsurface investigation for the single arterial, Greenspot Road. 2018-2019, 2019-2020, & 2020-2021 CDBG Pavement Improvement Projects: ERSC was retained by the City of Highland to provide engineering services for two CDBG-funded projects, for years 2018-19 and 2019-20. Both projects involve site inspection, pavement evaluation, review of drainage and ADA issues and preparation of construction documents for rehabilitation and repair. That for ola2018-2019 involves two streets, Elmwood Road, from Baseline to Fisher Street (1,800 linear feet); and Walker Street from Sterling Avenue to East end, (960 linear feet). Ola 2019-2020 includes two streets also, Del Rosa Avenue from 4th Street to 5th Street (720 linear feet), and Elm Street, from 6th Street to 9th Street (2,040 linear feet).

Funding will be provided by the Community Development Block Grant Program (CDBG) administered by the County of San Bernardino Development and Housing Department.

Specification document, therefore, will include applicable federal requirements. ERSC will coordinate with a subconsultant firm to conduct field investigations and provide recommendations for pavement and rehabilitation methods and costs.+ A preliminary site inspection and recent experience and City practice indicate that rehabilitation is expected to include repair of severely distressed areas by pavement removal and replacement, crack repair/seal, bump grind, edge repair, header cut and cold planing, repair of drainage issues that would compromise new paving, repair of soft or wet subgrade, and HMA overlay.

ERSC is currently providing Engineering and Design services for a street pavement reconstruction, alley, and intersection accessibility project. Initial stages of this work included as-built research, investigation and review, as well as utility research and notification and field survey. Special considerations were paid to concurrent storm drain projects as well as potential impacts from asphalt conditions, existing utilities, and ADA requirements in affected alleyways.

ERSCs team will continue the contract design work by providing Street Improvement Plans as well as an Engineer’s Quality and Cost Estimate. Upon approval, our staff will support the City of Chino by providing plan interpretation and bidding assistance, construction support, contract management, meetings, and coordination. 11TH STREET PAVEMENT REHABILITATION PROJECT , CITY OF CHINO CA Maria Fraser, PE
Public Works CIP Manager
(909) 334-3265
[email protected]
ERSC Project Team:

John M. Brudin, PE
Trent Brudin, PE
Lori Askew
ERSC Project Team:

Lori Askew
Ben Booth, PE
Katherine Hernandez
12 Schedule
13 ID Task Name Duration Start Finish
1 City of Buena Park
2 Knott Ave (Cresent Ave to Artesia Blvd) & 8th St.

Rehabilitation Project - P, S & E
3 4 City of Buena Park - City Council Approval 0 days Tue 8/12/25 Tue 8/12/25 5 NTP/Project Kickoff 0 days Mon 8/25/25 Mon 8/25/25
6 Task - Project Management 297 days Tue 8/26/25 Wed 10/14/26 7 Task 2 - Detailed Design - (PS&E) 102 days Tue 8/26/25 Wed 1/14/26 8 As-Built Research 5 days Tue 8/26/25 Mon 9/1/25
9 Utility Coordination, Research & Notification 30 days Tue 8/26/25 Mon 10/6/25 10 Improvement Plans - 60% Design Drawings (Street
Improvement, Signing & Striping, Estimate), Draft
WQMP
20 days Thu 10/9/25 Wed 11/5/25
11 City Review - 60% Design Drawings 10 days Thu 11/6/25 Wed 11/19/25 12 Improvement Plans - 90% Design Drawings (Street
Improvement, Signing & Striping, Traffic Control,
Specifications & Estimate), Draft SWPPP
15 days Thu 11/20/25 Wed 12/10/25
13 City Review - 90% Design Drawings 10 days Thu 12/11/25 Wed 12/24/25 14 Improvement Plans - 100% Contract Drawings,
Specifications, Estimate, Final SWPPP & WQMP, &
CAD Files
10 days Thu 12/25/25 Wed 1/7/26
15 City Review - 100% Contract Drawings 3 days Thu 1/8/26 Mon 1/12/26 16 Final Submittal 2 days Tue 1/13/26 Wed 1/14/26
17 Bidding Support 25 days Thu 2/19/26 Wed 3/25/26
18 Construction Support 90 days Thu 5/7/26 Wed 9/9/26
19 Record/As-Built Drawings 20 days Thu 9/17/26 Wed 10/14/26 20 Task 3 - Permitting & Regulations 60 days Thu 11/6/25 Wed 1/28/26 21 Task 4 - Survey 40 days Thu 8/28/25 Wed 10/22/25
22 23
8/12
8/25

J A S O N D J F M A M J J A S O
Half 2, 2025 Half 1, 2026 Half 2, 2026
City of Buena Park
Knott Avenue (Cresent Avenue to Artesia Blvd) & 8th Street Rehabilitation Project
Plans, Specifications, & Estimate
14 Appendix
15 Resumes
16 Over the past 28 years, Mr. Brudin has been
involved in a number of complex planning,
design and construction projects. His ability
to effectively communicate with agency
personnel and team members provides
the vital link between client and consultant
and ensures that the goals of each project
are met. Mr. Brudin has a broad base of
experience in various disciplines including
water resources, site development, streets
and roads, grading and drainage and flood
control facilities.

Mr. Brudin has served as a District
Engineer for the Lake Hemet Municipal
Water District, City Engineer for the City
of Hemet, and 1as a Project Manager for
“as-needed” professional engineering
plan check services for several cities in
the Orange, Riverside and San Bernardino
County areas. Under these contracts, he
has managed construction inspection/
administration, development review, and
plan check services for land development
and capital projects, including grading,
water, sewer, drainage, traffic signal and
street improvement plans.

CA, Civil Engineer No. C41836
QSD/QSP No. 00707
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
American Public Works Assc.

Floodplain Management Assc.

Water/Wastewater Engineering
Flood Control Engineering
Project Management
Quality Control
Education
Affiliations
Areas of Expertise
Similar Project Experience:

State Street Gap Closure Project, City of San Bernardino, CA – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Roadway design and environmental clearance for the Street; a vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. 40th Street Widening Project, City of San Bernardino, CA – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. Also included is traffic signal modifications at Electric Ave. and drainage modifications.

Riverside Drive Street Widening, Signal Modifications, Signing and Striping, Lake Elsinore, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Coordinated completion of all CalTrans requirements to facilitate completion of the project.

Washington Street at Fred Waring Drive Triple Left Turn Lanes Project, City of La Quinta, CA – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of intersection modifications incorporating a third left turn lane in each direction to reduce traffic during peak hours. The scope also included CEAQ document preparation, utility coordination and PS&E.

Overland Bridge at Murrieta Creek, CNS Engineers, Temecula, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado at the intersection of Diaz to the west of the creek, with Overland Drive at the intersection of Enterprise Circle to the east of the creek.

Traffic Signal System – Rancho California Road and Tee Drive, City of Temecula, CA – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design and utility coordination for a new traffic signal system, including a new power source. Exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. The proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi-use Trails and Bikeways Master Plan.

Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE.

Florida Avenue Pipeline, Lake Hemet Municipal Water District, Hemet, CA – Project Manager during the development of plans and specifications for the installation of 9,000 linear feet of 12- and 16-inch pipeline along State Route 74 in the western end of the District. Specific services included coordination of utilities, soils and corrosion, coordination of lateral tie overs to commercial properties, Caltrans permit acquisition and oversight during construction.

John M. Brudin, PE | President
17 Similar Project Experience:

State Street Gap Closure Project, San Bernardino, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to provide roadway design and environmental clearance for State Street, a vital transportation corridor that existed in segmented portions throughout the western portion of the City.

The project improved traffic circulation from Baseline Street to SR210 Freeway.

Tippecanoe Pavement Rehabilitation, Highland, CA - Project Manager responsible for day- to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to provide professional engineering services related to Cooperative City/County Pavement Rehabilitation Project, str20003 pavement rehabilitation of five street reaches covering four streets. For Tippecanoe Avenue, existing AC and native material were pulverized in place, a portion of the pulverized material removed, and cement added to the remaining pulverized material, followed by placement of HMA and RHMA for the reach from 3rd to 6th.

Infrastructure and Roadway Improvements for Lake Park Drive, Soboba Band of Luiseño Indians - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment.

Providing civil design services to Soboba Economic Development Corporation (EDC) for the site improvements including design and preparation of plans for onsite infrastructures and also road widening for Lake Park Drive.

Design of the Easton Street Sidewalk Improvements, Rialto, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. Work includes engineering/planning for the construction of Americans with Disabilities Act (ADA) compliant sidewalk and curb ramps along the north and south sides of Easton Street between Acacia Avenue and Sycamore Avenue; to additionally include general sidewalk repair between Sycamore Avenue and E. Highland Avenue and from the southeast corner of Easton Street and Acacia Avenue to approximately 250 feet south.

Murrieta Creek Bridge, CNS Engineers, Temecula, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. As a partner to the CNS Engineers’ team ERSC was contracted to provide engineering design services for the City of Temecula’s Overland/Murrieta Creek Bridge Project that extended Overland Drive through Commerce Center Drive, Enterprise Circle West, over the Murrieta Creek, and connecting to the Avenida Alvarado at the Diaz Road intersection, including the construction of two traffic signals at each of the intersections.

Overland Drive Widening, Temecula, CA - Project Manager responsible for project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to provide professional services to complete plans, specifications, and estimates related to the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive. The widening included a new traffic signal, striping modifications, and new street lighting, including a street light plan.

PW 19-11 Bike Lane and Trail Program, Temecula Creek South Side Trail, Temecula, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. Under an on-call engineering agreement, ERSC compelted preliminary and final engineering services necessary to provide project scoping and final design. Services required to complete the project were provided in two (2) phases, including an investigation and summary of the potential issues affecting the project and the development of contract documents including plans, specifications and estimates.

Arrow Blvd and Cypress Ave Traffic Signal, Fontana, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. Under an on-call agreement, ERSC partnered with STC Traffic to complete a project to fully signalize the intersection of Arrow Blvd. and Cypress Ave. The intersection was reconstructed to its ultimate width; 104-foot right-of-way and 80-foot curb-to-curb for Arrow Blvd; and 64-foot right-of-way and 44-foot curb-to-curb width for Cypress Ave.

Lori Askew | Principal Engineer
Ms. Askew has over 30 years of experience
in design and management of public and
private improvement projects. She has
spent the past 20 years as a local municipal
employee in Public Works with the last
eight years in an executive management
position overseeing various levels of staff
and consultants. She has managed Capital
Improvement Program projects for streets,
storm drains, water and sewer in addition
to large land development projects with
significant grading challenges. She is
very knowledgeable in understanding
the workings and challenges of local
government and comprehends the
constraints of various City funding sources
such as Gas Tax, Measure A and SB1.

Ms. Askew has been city liaison to
Western Riverside Council of Governments
(WRCOG), Riverside County Flood
Control & Water Conservation District,
Caltrans, Riverside County Transportation
Commission (RCTC), several water districts
and school boards.

BS, Civil Engineering, Michigan Technological
University, Houghton, MI
Land Development
Municipal Engineering
Traffic and Transportation
Education
Areas of Expertise
18 Similar Project Experience:

Rehabilitation of Alicia Parkway, City of Aliso Viejo, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to provide professional engineering services for the rehabilitation of Alicia Parkway from Pacific Park Drive to City limits. ERSC prepared all necessary survey, roadway improvement plans and specifications, signing and striping, and traffic control plans.

Street Rehabilitation, Pacific Park Drive, City of Aliso Viejo, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to provide professional engineering services for the rehabilitation of Pacific Park Drive from Aliso Viejo Parkway to Aliso Creek Road. ERSC prepared roadway improvement plans and specifications, as well as signing and striping and traffic control plans for full- depth replacement of failed pavement and base, sidewalk improvements, and ADA improvements.

Aliso Creek Roadway Improvements, City of Aliso Viejo, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC prepared plans, specifications and estimates for the Aliso Creek Road Roadway Improvement Project in the City. The City initiated the project to address the deteriorating roadway between Wolverine Way to Alicia Parkway. The project includes grind/overlay for the six-lane road segment, ADA Ramps, and bus pads along with the associated signing, striping, and traffic signal loop replacements. ERSC’s survey crews performed all field data collecting, control surveys, and base mapping during the project.

Federally Funded Street Rehabilitation, Aliso Creek Road, City of Aliso Viejo, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to prepare roadway improvement plans, signing and striping plans, traffic control plans, specifications, and engineer’s estimate to address the following: full depth replacement of failed pavement and base (if needed), full width pavement grinding, final improvement methods, concrete repairs, pedestrian ramps, bus pads, cross-gutters, asphalt overlay, depth of section, striping and traffic signal loop detection layout, identification of manholes and valves, and Caltrans Encroachment Permit.

Street Rehabilitation, Glenwood Drive - Aliso Creek Road to SR 73 Bridge Dock, City of Aliso Viejo, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to prepare roadway improvement plans, signing and striping plans, traffic control plans, specifications, and engineer’s estimate to address the following: overall pavement rehabilitation, full-depth replacement of failed pavement and base, crack repair, concrete repairs, pedestrian ramps, bus pads, cross-gutters, asphalt overlay and full-depth patching, depth of section per coordination with City, fibers to be added to AC, striping and traffic signal detection loop layout, buffered bike lanes, and identification of manholes and valves.

Colton Ave. Class I Bike Path Improvement Project, City of Colton, CA - Engineer of Record responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC was contracted to provide plans, specifications, and cost estimates for the rehabilitation of an existing Class I bike path totaling approximately 1.2 miles that resides on the north side of Colton Avenue from 10th Street to the east side of the Flood Control Channel which is also the City boundary. The rehabilitation includes striping, signage, landscaping, irrigation, and removal and reconstruction of portions of the concrete path that have cracking or may be lifted due to tree roots or other reason.

PW20-02 Fifth Street Improvements, City of Temecula, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. Under an on-call engineering agreement, ERSC provided survey and engineering services for the preparation of street improvement plans for the north side of Fifth Street from Front Street to the Murrieta Creek. This project was subject to the elements of the Old Town Specific Plan, which required on-street parking, a 12-foot pedestrian mall, and a roundabout.

Trent Brudin, PE, QSP/QSD | Engineer IV
BS, Civil Engineering, Loyola Marymount
University, Los Angeles, CA
Mr. Brudin was introduced to the industry in
2012 as an intern at Lake Hemet Municipal
Water District. Since then, he has held
positions as Assistant Project Engineer and
Project Engineer at C.W. Driver, a general
contracting firm, until shortly after his
graduation in 2015 when he took a position
as Associate Civil Engineer at Parsons
Corporation. Trent joined ERSC as Engineer
II in early 2016.

Trent has become a highly skilled engineer
assisting in the management of a wide
variety of projects at ERSC. Trent regularly
performs complex design level tasks on
water resources, civil site design, and
transportation related projects included
hydrology studies, drainage design, site
grading, geometric site layout, WQMP
and SWPPP documentation, intersection
improvements, traffic signal modifications,
water and wastewater pipeline design, and
water feasibility studies
Site Layout & Geometrics
Hydrology & Drainage
AutoCAD Civil 3D
Traffic and Transportation
Water and Wastewater
SWPPP Compliance
SWPPP Development
Areas of Expertise
Education
CA, Professional Engineer No.90924
AZ, Professional Engineer No. 73812
QSD No. C90924
19 Ms. Hernandez joined the ERSC team as an
Engineer I in 2019, bringing a strong background
in geographic and environmental engineering.

She specializes in addressing environmental,
geographical, and territorial resource issues,
focusing on sustainable development and
territorial planning. Her expertise includes
roadway design rehabilitation, ADA compliance
improvements, geometric design (both
horizontal and vertical), and traffic and
transportation systems. Katherine regularly
performs complex design-level tasks on
civil site design and transportation-related
projects, including civil site grading, drainage
design, geometric site layout, WQMP and
SWPPP documentation, and intersection
improvements.

Spatial Analysis
Data Visualization
Environmental Analysis
Water Resources
Planning
Site Layout & Geometrics
AutoCAD Civil 3D
Traffic & Transportation
Areas of Expertise
BS, Geographic and Environmental
Engineering, University of Applied and
Environmental Sciences (UDCA), Bogotá,
Colombia
Education
Similar Project Experience:

Street Rehabilitation Project, East Ave to Hemlock Ave, City of Fontana, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. Under an on-call agreement, ERSC was contracted to provide professional engineering services related to street rehabilitation at Foothill Boulevard and future locations. The City executed pavement rehabilitation of various street reaches, and the project also included identifying and remedying ADA deficiencies.

Pavement Rehabilitation and Street Improvement Project - Hot Spot, City of Fontana, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. Under an on-call agreement with the City of Fontana, ERSC was contracted to provide professional engineering services related to pavement rehabilitation and PCC improvements of various streets. Work included preparation of plans, specifications, quantity and cost estimates, suitable for approval by the City for construction of street improvements, including pavement rehabilitation and installation of various street items, including AC berms, concrete curb and gutter, ADA ramps, and sidewalk.

State Street Gap Closure Project, City of San Bernardino, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to provide roadway design and environmental clearance for State Street, a vital transportation corridor that existed in segmented portions throughout the western portion of the City. The project improved traffic circulation from Baseline Street to SR210 Freeway.

North Sphere Fire Station Offsite Improvements City of Palm Desert, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to provide street improvement plans, specifications, and estimates prepared for improvements constructed along the south side of Gerald Ford Drive, between Cook Street and Paseo del Corazon. The improvements will consist of roadway widening for the installation of curb, gutter, sidewalk, asphalt pavement, signage, and striping, a new traffic signal at the location of the new Fire Station (FS102), and a raised landscaped median.

Date Elementary School Street Improvements, City of Fontana, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to provide design services to widen the street pavement within the current right-of-way and provide curb and gutter and sidewalk with ADA ramps, in addition to traffic signal modifications with pedestrian crossing amenities. The project improves Fontana Avenue and Merrill Avenue, where no sidewalk exists currently, and pedestrians must walk within vehicular travel lanes or dirt shoulder to reach Date Elementary School.

PW 19-11 Bike Lane and Trail Program, Temecula Creek South Side Trail, City of Temecula, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. Under an on-call engineering agreement, ERSC compelted preliminary and final engineering services necessary to provide project scoping and final design. Services required to complete the project were provided in two (2) phases, including an investigation and summary of the potential issues affecting the project and the development of contract documents including plans, specifications and estimates.

Katherine Hernandez | Engineer III
20 Gabriela Rodriguez | Engineer I
Similar Project Experience:

Mira Loma, Agate & Granite Hill Area Safe Routes to School Project, City of Jurupa Valley, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to design various safety and sidewalk improvements to be constructed near various schools, made possible through the award of Active Transportation Program (ATP) funding of Safe Routes to School (SRTS) grants. Improvements included asphalt pavement, concrete curb and gutter, a 5.5-foot-wide concrete sidewalk, access ramps conforming to current ADA standards, street signing and striping, actuated pedestrian crosswalk flashers, continental thermoplastic crosswalk striping, and solar flashing beacons.

Street Rehabilitation, Glenwood Drive - Aliso Creek Road to SR 73 Bridge Dock, City of Aliso Viejo, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to prepare roadway improvement plans, signing and striping plans, traffic control plans, specifications, and engineer’s estimate to address the following: overall pavement rehabilitation, full-depth replacement of failed pavement and base, crack repair, concrete repairs, pedestrian ramps, bus pads, cross-gutters, asphalt overlay and full-depth patching, depth of section per coordination with City, fibers to be added to AC, striping and traffic signal detection loop layout, buffered bike lanes, and identification of manholes and valves.

Aliso Creek Roadway Improvements, City of Aliso Viejo, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC prepared plans, specifications and estimates for the Aliso Creek Road Roadway Improvement Project in the City. The City initiated the project to address the deteriorating roadway between Wolverine Way to Alicia Parkway. The project includes grind/overlay for the six-lane road segment, ADA Ramps, and bus pads along with the associated signing, striping, and traffic signal loop replacements. ERSC’s survey crews performed all field data collecting, control surveys, and base mapping during the project.

Police Department Investigations Building & Fire Station No. 37, STK Architecture, Inc., City of Desert Hot Springs, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted by STK to provide professional engineering services required to complete contract documents for civil site improvements and water quality documents for a new investigation building and modifications to Fire Station No. 37.

Planned improvements include paving and curb and gutter for parking areas, sidewalk construction for pedestrian circulation, new site access on Pierson Boulevard and West Drive, drainage and water quality improvements, and parking, ramps and signage related to site accessibility.

Line G-3, Structural Calculations, Corman Leigh, San Jacinto, CA - Project Designer responsible for preparation of project documents and completion of computer aided design throughout all phases of the assignment. ERSC was contracted to prepare structural calculations and associated construction drawings for a portion of Master Drainage Plan, Line G in the City of San Jacinto. ERSC provided structural calculations using LABOX, hand calculations, and construction drawings for the various system elements. Structural calculations included verification of the precast box sections as well as the pipe-to-box junction structure at Lyon Avenue.

Gabriela joined ERSC while studying
engineering at CBU in early 2024. She
subsequently graduated and joined our
team as an Engineer I in Spring 2025.

She has taken on multiple projects and
completed various tasks such as drafting,
utility researches, cost estimates, and
obtaining Caltrans Permits.

BS Civil Engineering, California Baptist
University
American Society of Civil Engineers (ASCE) -
Student Member
AutoCAD
MS Office Suite
Education
Affiliations
Areas of Expertise
21 Robert Ollerton, PLS | Principal Surveyor
Similar Project Experience:

Street Improvements, City of Temecula - Managed and performed construction surveying for street improvements along Jefferson Street and Winchester Road.

County of Riverside Winchester Road (Highway 79) Widening - Survey manager for control and topographic surveying of over eight miles of Highway 79/Winchester Road for ultimate widening to six lanes from Domenigoni Parkway to Benton Road.

Widening and Signalization of State Highway 79 at Auld Road - Performed construction surveying for the widening of State Highway 79 and extending improvements towards the Temecula Valley Airport.

On-Call Civil Engineering and Plan Check Services, City of Colton – Principal Surveyor responsible for oversight of review of survey documents during Engineering and Plan Check services in the City. ERSC works closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP , SWPPP , lot line adjustments, and parcel maps. ERSC also provides on-call engineering services, such as the design for the La Cadena and 8th Street Intersection Reconfiguration.

On-Call Plan Check and Construction Inspection Services, City of Highland – Principal Surveyor responsible for oversight of review of survey documents during an on-call professional services agreement with the City of Highland. ERSC provides contract plan check and inspection services for the construction of public works and privately funded improvements, including site improvements, street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provides plan checking services for all parcel and tract maps, as well as hydrology review.

City of Hemet Public Works Department, Hemet, CA - Designed and implemented the City of Hemet’s PMS/GIS link project. The project involved linking the city’s pavement management tabular database with a street centerline shapefile developed by the Thomas Bros. Map Company. The data was used with ArcView to produce a graphical street network depicting the pavement condition of each city street. The PMS/GIS link provided a better method for city staff to evaluate the condition of the streets and analyze the best cost benefits of street maintenance and rehabilitation programs.

On-Call Plan Check Services, City of Lake Elsinore, CA - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions.

Engineering Resources of Southern California, Inc. has provided civil engineering plan check services to the City of Lake Elsinore since 2016. As part of an on-call contract with the City, ERSC reviews improvement plans and documents submitted during land development efforts in the City. During ERSC’s tenure, staff have reviewed over 200 individual plans and studies. ERSC is responsible for the review of Traffic Signal Plans, Improvement Plans, Grading Plans, Final Maps and Parcel Maps, Dedications, Easements, Vacations, Quitclaims, Parcel Mergers, Lot Line Adjustments, WQMP Submittals, Hydrology and Hydraulic Studies, HEC-5 Studies, Traffic Analyses, Soil/Geotechnical Reports, Erosion Control Designs, and Review of Technical Specifications for Proposed Improvements within City Road Rights of Way.

Riverside County Surveyor - Under direction of the County Surveyor, checked tract maps for conformance with the Subdivision Map Act, County ordinances, and development standards. Reviewed records of surveys and corner records for conformance with the Land Surveyor’s Act. Managed on-call field surveying services for aerial mapping, control, topographic and construction surveys.

City Surveyor Services - Currently the acting City Surveyor for the Cities of Rialto, Lake Elsinore and Colton. Supervises the review of subdivision maps, parcel mergers, lot line adjustments, dedications and easements.

Reservoir Site Survey, Riverside Highland Water Company - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment. ERSC provided surveying services at the RHWC Spring Mountain Ranch reservoir site. ERSC survey crews located existing monumentation for the site and searched for existing monuments. it was found that mounuments were destroyed by construction of the Site’s wall and ERSC provided services to replace damaged or missing monuments.

Robert has over 35 years of professional
experience in land surveying for municipal
agencies. He has managed a wide variety of
land survey projects including surveys for
topographic mapping, geodetic control, right
of-way, boundary, and construction projects.

Most recently, Robert’s responsibilities as the
Principal Surveyor include the management and
coordination of construction staking contracts
for civil engineering projects, boundary surveys,
title analysis, topographic mapping, detailed
design surveys, ALTA Surveys and mapping.

Since joining ERSC, Robert’s wide range of skills
and background have enabled ERSC to provide
clients with localized and personalized service,
keeping true to ERSC’s philosophy of dedication
to customer service and satisfaction.

CA, Land Surveyor No. 7731
Civil Engineering & Land Surveying
Coursework, University of California at
Riverside, Riverside, CA
Civil3D
MicroStation
ArcMap
Boundary Surveying
Right-Of-Way & Easements
Construction Surveying
Topographic Mapping
Consulting Surveyor to Municipal Agencies
Education
Areas of Expertise
22 Work Samples
23 FONTANA AVENUE

LEMON STREET
B
C
D
SEE SHEET 8
MATCH LINE STA 9+00.00
MATCH LINE STA 17+80.00
SEE SHEET 10
APN 0193-012-03
APN 0193-012-04
APN 0193-014-23
APN 0193-013-17
APN 0193-013-16
APN 0193-013-15
APN 0193-013-14
APN 0193-013-54 APN 0193-022-02
APN 0193-022-17
APN 0193-022-01
APN 0193-021-21
APN 0193-021-22 APN 0193-021-53
APN 0193-021-52
APN 0193-021-51
APN 0193-021-26
APN 0193-022-13
APN 0193-021-26
SHEET

CITY OF ALISO VIEJO
OF

ALISO CREEK ROAD

OVERLAY IMPROVEMENTS
WOLVERINE WAY TO 175' W/O ALICIA PARKWAY
9 STA 21+50 MATCH LINE

SEE BOTTOM LEFT
STA 21+50 MATCH LINE

SEE TOP RIGHT
STA 30+50 MATCH LINE
SEE SHEET 5 TOP LEFT
Know what's below.

STRIPING PLAN
4 SHEET

CITY OF ALISO VIEJO
OF

ALISO CREEK ROAD

OVERLAY IMPROVEMENTS
WOLVERINE WAY TO 175' W/O ALICIA PARKWAY
9 STA 41+00 MATCH LINESEE MIDDLE LEFT
STA 41+00.00 MATCH LINE

SEE TOP RIGHT
STA 30+50 MATCH LINE
SEE SHEET 8 LOWER RIGHT
STA 51+00 MATCH LINE

SEE BOTTOM LEFT
Know what's below.

R
STA 41+00.00 MATCH LINE

SEE MIDDLE RIGHT

TRAFFIC CONTROL STAGE II
9 x
x

PAGE 16 OF 19

EXHIBIT A-2

[Consultant’s Design Budget dated July 24, 2025, behind this page]

DESIGN BUDGET
Knott Avenue (Crescent Avenue
to Artesia Boulevard) and 8th
Street Rehabilitation Project
Submitted: July 24, 2025
1861 W . Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
Local Office:
1861 W. Redlands Blvd.

Redlands, CA 92373
(909) 890-1255, [email protected]
Evaluation Period Contact:

Lori Askew
Project Manager
(909) 890-1255
[email protected]
RE: Design Budget - Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project Plans, Specifications, and Estimate
Dear Mr. Miller:

Engineering Resources of Southern California (ERSC) is committed to addressing our clients’ needs in a responsive, budget-conscious, focused, and technically sound manner. In response to the City’s Request for Proposal, ERSC hereby submits our fee schedule for Proposal to Provide Professional Services for Knott Avenue (Crescent Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project.

ERSC’s services are based on the enclosed Fee Schedule of Hourly Billing Rates. The rates will remain the same throughout the PSA agreement.

We look forward to the possibility of working with the City of Buena Park and thank you for the opportunity to submit a proposal. If you have any questions or require additional information, please contact me at [email protected] or (909) 890-1255, ext. 103. I am authorized to bind the firm in a potential agreement.

Respectfully submitted,
John M. Brudin, PE Lori Askew
President Director of Engineering – Project Manager July 24, 2025
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
Attn: Jaden Miller, P .E., Associate Engineer

<Section Title>###
<Section Title>Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff
President ........................................................................... $320.00 Vice President ....................................................................$275.00 Sr. Principal Engineer ......................................................... $270.00 Principal Engineer ..............................................................$240.00 Assistant Principal Engineer .............................................. $225.00 Engineer V .........................................................................$205.00 Engineer IV ........................................................................$185.00 Engineer III ........................................................................ $170.00 Engineer II ......................................................................... $155.00 Engineer I .......................................................................... $135.00 Engineering Staff
Principal Engineering Associate .........................................$220.00 Senior Engineering Associate ............................................$200.00 Engineering Associate V .................................................... $175.00 Engineering Associate IV ................................................... $150.00 Engineering Associate III.................................................... $140.00 Engineering Associate II..................................................... $125.00 Engineering Associate I...................................................... $120.00 Engineering Aide II .............................................................. $70.00 Engineering Aide I ............................................................... $65.00 Survey Staff and Services
Principal Surveyor.............................................................. $225.00 Senior Surveyor .................................................................$185.00 Surveyor III ........................................................................ $150.00 Surveyor II ......................................................................... $130.00 Surveyor I .......................................................................... $110.00 2-Man Survey Crew (Std Equipment/Truck) ......................$320.00 1-Man Survey Crew (Std Equipment/Truck) ......................$250.00 3rd Man on Survey Crew ...................................................$140.00 Construction Support Staff
Construction Manager .......................................................$225.00 Chief Construction Inspector .............................................$175.00 Sr. Construction Inspector .................................................$165.00 Construction Inspector ......................................................$150.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $200.00 Inspector Overtime (Hours 12+/Sundays) .........................$235.00 Administrative Staff
Operations Manager ......................................................... $125.00 Operations Specialist .........................................................$105.00 Administrative Assistant II ...................................................$95.00 Administrative Assistant I ....................................................$85.00 Other Direct Expenses
Vehicle Mileage ................................................ $0.70/Mile Subconsultant ...................................................Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent increase in California Consumer Price Index-All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR.

Unless otherwise established by contractual agreement,
payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum).

January 1, 2025

DESCRIPTION
Principal in Charge
President
Matt Brudin, PE, QSD
Project Manager
Sr. Principal Engineer
Lori Askew
Project Engineer
Engineer V
Trent Brudin, PE
Project Designer
Engineer III
Katherine Hernandez
Principal Surveyor
Robert Ollerton, PLS
2-Man Survey Crew
Project Designer
Engineer II
Surveyor I

ERSC SUBTOTAL
Inland Aerial Surveys, Inc.

Potholing

SUBCONSULTANT SUBTOTAL
TOTAL
$320 $270 $205 $170 $225 $320 $155 $110
Project Management 2.00 40 10 10 2 - - 15,640.00 $ - $ - $ - $ 15,640.00$ Project Coordination 20 10 7,450.00$ 7,450.00$ SUBTOTAL 640.00$ 16,200.00$ 4,100.00 $ 1,700.00 $ 450.00 $ - $ - $ - $ 23,090.00$ -$ - $ - $ 23,090.00$ As-Built Research - 2 2 8 - 8 - 3,550.00 $ - $ - $ 3,550.00$ Utility Coordination, Research & Notification - 1 2 8 - 24 16 12 13,520.00 $ 11,500.00 $ 11,500.00 $ 25,020.00 $ Street Improvement Plans 1 4 20 40 - 200 - 43,300.00 $ - $ - $ 43,300.00$ Signing & Striping Plans 1 2 10 10 - 60 - 13,910.00 $ - $ - $ 13,910.00$ Traffic Control Plans - 4 20 10 - 40 - 13,080.00 $ - $ - $ 13,080.00$ Construction Cost Estimate & Specifications - 4 20 40 - 20 - 15,080.00 $ - $ - $ 15,080.00$ Storm Water Pollution Prevention Plan (SWPPP) 1 2 10 20 - 20 - 9,410.00 $ - $ - $ 9,410.00$ Water Quality Management Plan (WQMP) 1 2 20 20 20 11,460.00 $ - $ 11,460.00$ Bidding Support Phase 1 8 8 10 4,820.00 $ - $ 4,820.00$ Construction Support Phase 1 2 16 8 10 7,050.00 $ - $ 7,050.00$ Record/As-Built Drawings 1 1 2 4 20 4,780.00 $ - $ 4,780.00$ SUBTOTAL 1,920.00$ 6,750.00 $ 26,650.00 $ 29,920.00 $ - $ 7,680.00$ 65,720.00 $ 1,320.00 $ 139,960.00$ -$ 11,500.00$ 11,500.00 $ 151,460.00$

PERMITTING & REGULATIONS
Caltrans 5 30 30 10 - 14,150.00 $ - $ - $ - $ 14,150.00$ Union Pacific Railroad 21 01 0 1 0 5 , 8 4 0 . 0 0 $ - $ 5,840.00$ SUBTOTAL -$ 1,890.00$ 8,200.00 $ 6,800.00 $ - $ - $ 3,100.00$ - $ 19,990.00$ -$ - $ -$ 19,990.00$ SURVEY
Survey & Mapping 40 128 168 68,440.00 $ 16,905.00 $ - $ 16,905.00$ 85,345.00 $ SUBTOTAL -$ - $ - $ - $ 9,000.00$ 40,960.00 $ - $ 18,480.00$ 68,440.00$ 16,905.00$ - $ 16,905.00$ 85,345.00 $ 500.00$ -$ -$ -$ 500.00$ 251,980.00$ 16,905.00 $ 11,500.00 $ 28,405.00 $ 280,385.00 $ 280,385.00$
Task 3

FEE SCHEDULE
City of Buena Park
Engineering Design Services for Knott Avenue (Cresent Avenue to Artesia Boulevard) & 8th Street Rehabilitation Project - P, S & E TASK NO.

PROJECT MANAGEMENT & COORDINATIONTask 1
b.
a.

Task 2 DETAILED DESIGN
b.

Task 4
a.

PROJECT TOTAL/NOT - TO - EXCEED
Reimbursable Expenses (Repro, Plotting, Shipping, Mailing and Mileage) TOTALS

ERSC SUBTOTAL
Inland Aerial Surveys, Inc.

Potholing

SUBCONSULTANT SUBTOTAL
TOTAL

Project Management 24 0 1 0 1 0 2 - - - 6 4 - - - 6 4 Project Coordination -2 0 1 0 - - - - 3 0 - - - 3 0 SUBTOTAL 26 0 2 0 1 0 2 0 0 0 9 4 0 0 0 9 4
As-Built Research - 2 2 8 - - 8 - 2 0 - - - 2 0
Utility Coordination, Research & Notification - 1 2 8 - 24 16 12 63 - 40 40 103 Street Improvement Plans 1 4 20 40 - - 200 - 265 - - - 265 Signing & Striping Plans 1 2 10 10 - - 60 - 83 - - - 83 Traffic Control Plans - 4 20 10 - - 40 - 74 - - - 74 Construction Cost Estimate & Specifications - 4 20 40 - - 20 - 84 - - - 84 Storm Water Pollution Prevention Plan (SWPPP) 1 2 10 20 - - 20 - 53 - - - 53 Water Quality Management Plan (WQMP) 1 2 20 20 - 20 - 63 - - - 63 Bidding Support Phase -1 8 8 - -1 0 - 2 7 - - - 2 7 Construction Support Phase 1 2 16 8 - - 10 - 37 - - - 37 Record/As-Built Drawings 11 2 4 - - 2 0 - 2 8 - - - 2 8 SUBTOTAL 6 25 130 176 - 24 424 12 797 0 40 40 837

RESOURCE ALLOCATION MATRIX
City of Buena Park
Engineering Design Services for Knott Avenue (Cresent Avenue to Artesia Boulevard) & 8th Street Rehabilitation Project - P, S & E TASK NO.

Task 1 PROJECT MANAGEMENT & COORDINATION
Task 3
a.
b.

Task 2 DETAILED DESIGN
a.
b.

Task 4

PAGE 17 OF 19