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

CONTRACT

UNIT PRICE
6,000.00 LS
30,000.00 LS

0.32 SF

1.00 SF

2.50 SF

0.75 LF
1,450.00 EA
115.00 LF
385.00 CY

THIS BILLING TOTAL
LESS RETENTION . . .

AMOUNT DUE

THIS BILLING
AMOUNT

THIS BILLING
6,000.00
30, 000.00
126,400.00
20,000,00
50,000.00
17,550.00
.00
36,800.00
8,470.00
14,761.00
280,459.00

INVOICE

MEMORANDUM
Department of Public Works

DATE: October 14, 2025

TO: Adrian Garcia, Finance Manager

FROM: Mina Mikhael, P.E., Director of Public Works / City Engineer

SUBJECT: 2024-2025 ANNUAL SLURRY SEAL PROJECT

Amount: $295,220.00 Account No.: 24-9806-590010

Purchase Order: 250436

Contractor: ALL AMERICAN ASPHALT CORP.

P.O. Box 2229
Corona, CA 92878

Payment Process Date per City Schedule: October 23, 2025

RECOMMENDATION:

It is recommended that the Finance Officer issue a warrant for the final payment on this contract.

CERTIFICATION:

This is to certify that the subject project has bee n completed satisfactorily. The contractor has submitted the final bill for the completed work and is entitled to payment in the amount of $295,220.00 less 5% retained (attached). Bid items, quantities and prices have been checked through this department and are found to be accurat e in accordance with the contract documents. A copy of the final report is attached for your file. A “Notice of Completion” will be filed by the Public Works upon approval of the City Council, and following the expiration of the 35-day lien period; the 5% retention will be released to the contractor. Final Payment represents 100% completion to date.

C: Hysun Lee, Assistant Engineer
Gloria Hernandez, Account Clerk

October 14, 2025

CONSENT CALENDAR
Item No. 4H.

City Council Agenda Report

LAND USE LICENSE AGREEMENT RENEWAL WITH SOUTHERN CALIFORNIA EDISON FOR THE RIGHT-OF-WAY BETWEEN EL MONTE DRIVE AND VALLEY VIEW STREET (PARKS, RECREATION, AND COMMUNITYGARDENS)

PREPARED BY PRESENTED BY
Aaron Esparza-Almaraz, Assistant Engineer Aaron Esparza-Almaraz, Assistant Engineer

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

RECOMMENDED ACTION
Recommended Action: 1) Approve a ﬁve-year license agreement renewal with Southern California Edison (SCE) for use of its right-of-way between El Monte Drive and Valley View Street for parks and/or recreation space and the community gardens, in the amount of $41,980.55; 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
On June 22, 2021, the City Council approved a five-year license agreement with SCE for the right-of-way located between El Monte Drive and Valley View Street.

DISCUSSION
On June 22, 2021, the City's five-year license agreement with SCE to utilize right-of-way land between El Monte Drive and Valley View Street for park purposes will expire. The area is currently used for the Silverado Trail and Community Gardens. These park amenities have become important green spaces and recreational areas for City residents. Staff recommends approving the proposed five-year license agreement with SCE to continue utilizing the right-of-way for this purpose.

BUDGET IMPACT
This agreement is in the amount of $41,980.55 over a five-year period and will be funded by the Park Facility Maintenance Account (Account No. 11-6240-860810). Funding for this agreement is included in the current budget and will be included in subsequent budgets. Payments include an annual 5% rate increase, as follows:

YEAR TOTAL COST
2026 $7,597.42
2027 $7,977,29
2028 $8,376.16
2029 $8,794.97
2030 $9,234.71

Attachments

9.4081 Licenese Renewal Agreement.pdf
SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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Rev9 2023-03-08 JR – TPD 09.16.2025

CITY OF BUENA PARK

L I C E N S E A G R E E M E N T

I N D E X O F A R T I C L E S

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS MATERIALS AND WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAWS AND REGULATIONS

26. GOVERNING LAW

27. INDEMNIFICATION; ASSUMPTION OF RISK; RELEASE

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS
SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

PARK USE

NON-MOTORIZED BIKING & HIKING TRAILS

TREES/LANDSCAPING

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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LICENSE AGREEMENT

THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF BUENA PARK , a municipal corporation, called "Licensee";

WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain rea l property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor’s Parcel Number 263-432-01, and all of Assessor’s Parcel Numbers 136-093-31, 136- 093-32, 136 -141-09, 263-442-01, 263 -442-02, 263 -442-04, 263 -453-44, 263 -464-18, 263 -464-19, situated in the City of Buena Park , County of Orange, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy

Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal, and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:

● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege, or interest (such as a lease) in the Property or similarly situated parcels.

● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.

● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy, or any other interest in the Property.

● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.

● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases, and relinquishes any and all right(s) to assert any claim of right, privilege, or interest in the Property other than the License.

● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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1. Use: Licensee will use the Property for park and public recreation and community garden purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made, and Licensee is not relying on any such representation, covenant, warranty, or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Article s 28 and/or 30.

2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of July, 2026 and ending on the last day of June, 2031. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.

3. Consideration: Licensee will pay to Licensor the sum of Seven Thousand Five Hundred Ninety-Seven and 42/100 Dollars ($7,597.42) upon the execution and delivery of this Agreement with subsequent annual payments as specified below. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment schedule:

Year Term Yearly
Amount
Payment Due
First Day Of
First Year July 1, 2026 - June 30, 2027 $7,597.42 July 2026 Second Year July 1, 2027 - June 30, 2028 $7,977.29 July 2027 Third Year July 1, 2028 - June 30, 2029 $8,376.16 July 2028 Fourth Year July 1, 2029 - June 30, 2030 $8,794.97 July 2029 Fifth Year July 1, 2030 - June 30, 2031 $9,234.71 July 2030

All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.

Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.

All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.

4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $ 1,000,000.00 each accident, disease/each employee, and d isease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents , and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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(b) Commercial General Liability Insurance , including contractual liability and products liability, with limits not less than $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non -owned and hired vehicles on the Property.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and groun ds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance w ill be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non -payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.

5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property , structures, and/or crops located on the Property , nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.

6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including , but not limited to, grading, lighting, landscaping , grounding, and irrigation plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s propo sed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.

At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes , or additions of any nature whatsoever to the Property and/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.

7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed , or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.

Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licen see’s activities on the Property, including its use and/or removal of Licen see’s personal property. Licensee further ackn owledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time.

(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.

Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party’s personal property.

8. Height Limitations and Vertical Clearances : Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearance s from all overhead electrical conductors as designated in the table below:

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet

All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove or relocate at Licensee’s expense, any tree and/or other planting.

9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writ ing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:

a. A 50-foot-radius around suspension tower legs, H-Frames, and poles and 100-foot radius around dead-end tower legs, H-Frames, and poles. b. A 25-foot-radius around all other poles.

NOTE: Additional clearance may be required by Licensor for structures.

10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish, and debris and in a condition satisfactory to Licensor.

12. Flammables, Waste and Nuisances : Unless permitted by Licensor in writing, Licensee will not, or allow others, to place , use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.

Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise , or other nuisance disturbances.

Licensee will not permit dogs on the Property.

13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County, and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard , and all materials contaminated by such substances, including but not limited to, containers, clothing , and equipment, in the manner prescribed by law.

14. Hazardous Material and Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state , or local laws, rules or regulations pertaining to the use, management, storage, or disposal of waste, including, but not limited to hazardous, toxic, or infectious materials. Unless permitted by Licensor in writing, Licensee will not, or allow others to, place, use, or store any hazardous, toxic , or infectious materials and/or waste on the Property. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.

15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard , or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.

16. Fencing and Existing Fixtures : Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor .

Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish, and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.

18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment, and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair, and replace, if necessary, all irrigation equipment at its own expense.

19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval in accordance with Article 6.

20. Underground Facilities : Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle.

Licensee wil l compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments, or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.

All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.

24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer, or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.

25. Compliance with Laws and Regulations: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders, and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall also comply with the requirements of every addendum attached hereto. Licensee shall hold harmless, defend, and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.

26. Governing Law : The existence, validity, construction, operation , and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.

27. Indemnification; Assumption of Risk; Release: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.

Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any kind, which may affect the Property, any improvements constructed or installed thereon by Licensee, Licensee’s use of the Property, or exercise of the rights granted herein. Licensee releases and waives all claims against Licensor and each of the indemnified parties for loss or damage caused by, arising ou t of, or in any way connected with Licensor’s or Licensee’s use of the Property or the exercise of the rights granted herein.

28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing . Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non -payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term , to the extent such fees exceed any offset claimed by Licensor under the Agreement

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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29. Events of Default : In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:

(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due.

(b) The abandonment or vacating of the Property by Licensee.

(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation, or other rule of any governmental agency applicable to Licensee’s activities under this Agreement.

(e) Any attempt to exclude Licensor from the licensed premises.

(f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days.

(g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.

(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.

(i) With respect to items not otherwise listed in Article 29.a -h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After prov iding initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.

30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.

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31. Licensee’s Personal Property Upon Termination or Expiration : In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.

If Licensee fails o r refuses to remove any of Licen see’s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.

Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor’s initial use of the Property.

Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S), THE TOTAL LIABILITY OF LICENSOR SHALL NOT

EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 32 SHALL EXPR ESSLY SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.

34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.

35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69 -C, this Licens e is made conditional upon the right of the Licensor either on order of the Pub lic Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.

Licensee agrees to comply with all federal, state, and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title, and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.

36. Electric and Magnetic Fields (“EMF”): There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long -term exposures to EMF and certain diseases is based on this scientific research and public concerns.

While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.

Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.

37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.

Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, dam age, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting fro m or connected to Induced Voltages on or related to the Structures.

38. Notices: All notices required to be given by either party shall be made in writing and shall be deemed to have been given and received (a) when personally delivered, or delivered by same - day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid, return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service (e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written confirmation by the receiving party. Notices shall be addressed as follows:

To Licensor: Southern California Edison Company
Real Properties and Permitting
Land Management – Southern Region
3 Innovation Way
Pomona, CA 91768
Email: [email protected]

To Licensee: City of Buena Park
6955 Aragon Circle
Buena Park, CA 90620
Email: [email protected]

Business Telephone No. (714) 562-3854

Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an integral part hereof . This Agreement may not be modified, amended, contradicted, supplemented , or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties. In case any provision in this Agreement shall be deemed invalid, illegal , or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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41. Signature Authority : Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

(THIS SPACE INTENTIONALLY LEFT BLANK)

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.

LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY

By___________________________________________

CAROLINA BEDOLLA
Real Estate & Facilities Specialist
Land Management – Southern Region
Real Properties and Permitting

_____________________
Date

LICENSEE:

CITY OF BUENA PARK, a municipal corporation

By___________________________________________
Aaron France, City Manager

_____________________
Date

By___________________________________________
Adria M. Jimenez, MMC, City Clerk

_____________________
Date

By___________________________________________
Christopher G. Cardinale, City Attorney

_____________________
Date

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APPENDIX

Guidelines for Standard Licensee Improvements

The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.

Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.

The plan must show the locations of all “Licensor” towers and poles, 16-foot-wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only.
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer.
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non -flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)

1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials

GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipes must be plastic Schedule 40 or better.

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 -foot radius around suspension tower legs, H-Frames, and poles SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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c. 100-foot radius around dead-end tower legs, H-Frames, and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way.

5. Suitable identification markers will be required on main controllers and valves.

6. Locations of main shut off valve will be provided and shown on a plot plan.

7. Underground facilities must have a minimum cover of three feet.

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the area directly located under the outer circumference of the overhead conductors, which is commonly known as the “drip line.”

2. Trees must have slow to moderate growth and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet.

3. Placement of large rocks (boulders) must be approved in writing by Licensor.

4. Any mounds or change of grade must be approved in writing by Licensor.

5. No cactus or thorny shrubs will be permitted.

6. Retaining walls, planters, etc. may be considered on a case-by-case basis and must be approved in writing by Licensor.

7. No crushed or freshly laid asphalt will be permitted.

TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered : Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet

2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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e. Under or within 10 feet of the conductor “drip lines”

3. Sewer or gas lines to trailers must be approved in writing by Licensor.

4. Location of all electrical and telephone lines must be approved in writing by Licensor.

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes.

7. Toxic or flammable materials will not be permitted in trailers.

8. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer.

PARKING AREAS

Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way.

3. No toxic or flammable materials will be permitted.

4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 - foot radius around suspension tower legs, H-Frames, and poles c. 100 - foot radius around dead-end tower legs, H-Frames, and poles d. 25 feet from anchors/guy wires, poles, and wood poles

5. Storage of materials not to exceed a maximum height of 15 feet.

6. No storage of gasoline, diesel or any other type of fuel will be permitted.

7. Any fencing around the storage areas must have Licensor’s prior written approval.

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A D D E N D U M

PARK USE

A. Licensee must obtain the prior written approval from Licensor for the installation of any improvements, including any subsequent modifications. Licensee will maintain all improvements in a safe condition satisfactory to Licensor.

B. At any time, Licensor may require the removal, modification, or relocation of any portion of the improvements. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.

C. Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, that identify all existing and proposed improvements.

D. At Licensee’s expense, Licensee will post signs at all access points to the Property that read: “No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV’s or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead.”
E. At Licensee’s expense, Licensee will post signs at all access points of the Property that read: “No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted.” F. At Licensee’s expense, Licensee will post signs at all access points of the Property that read:
“Dogs are required to be on leash at all times.”
G. Licensee must close the park at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor’s facilities. If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property.

H. At Licensee’s expense, Licensee will install removable post -type barriers designed to accommodate Licensor’s locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off-road vehicles, and “all-terrain” vehicles.

I. Trespass discouragers shall be installed on Licensor’s towers. The discourager installation will be performed by Licensor. Licensee shall pay Licensor in advance, for all Licensor’s direct and indirect costs associated with the engineering, purchase, and installation of the discouragers.

All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers. Such signs shall be placed and arranged so that they may be read from the four corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground.

J. Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.

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A D D E N D U M

NON-MOTORIZED BIKING & HIKING TRAILS

A. Licensee must obtain the prior written approval from Licensor for the installation of any non- motorized biking and hiking trails, including any subsequent modifications. Licensee will maintain the non-motorized biking and hiking trails at all times in a safe condition satisfactory to Licensor.

B. At any time, Licensor may require the removal, modification, or relocation of any portion of the non-motorized biking and hiking trails. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.

C. At Licensee’s expense, Licensee will post signs at all access points to the Property that read:
“Non-motorized Biking and Hiking Only. No Other Use Permitted.” D. At Licensee’s expense, Licensee will post signs at all access points to the Property that read: “No Kite Flying, Model Airplanes, unmanned aerial vehicles (UAV’s or Drones), or Metallic Balloons Permitted, High Voltage Wires Overhead.”
E. At Licensee’s expense, Licensee will post signs at all access points of the Property that read:
“Dogs are required to be on leash at all times.”
F. Licensee must close the non-motorized biking and hiking trails at any time Licensor deems it necessary for the safety of the general public or for maintenance of Licensor’s facilities . If it is necessary to close the non-motorized biking and hiking trails for more than three days, Licensee will notify the general public of the closure by posting at all access points to the Property.

G. At Licensee’s expense, Licensee will install removable post -type barriers designed to accommodate Licensor’s locks to prevent unauthorized vehicular use or parking on the Property, including but not limited to, motorcycles, off-road vehicles, and “all-terrain” vehicles.

H. Licensee is responsible for all erosion control in connection with the construction, operation, maintenance, and use of the non-motorized biking and hiking trails, including but not limited to, water flowing onto lands of others. Licensee will perform any work deemed necessary by Licensor to correct any damage to the Property of the land of others.

I. Use of the Property is a joint use with Licensor and other tenants of Licensor. Licensor may use the biking and hiking trails for access to its facilities.

SCE Doc. 56067, 56873, and 199595 Att. Contract No. 9.4081

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A D D E N D U M

TREES/LANDSCAPING

A. Existing landscaping improvements (trees, plants, and shrubs) have been inspected and approved by Licensor. This written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

B. At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without any compensation from Licensor.

C. Licensee agrees and accepts full responsibility for the maintenance and/or removal of all trees, plants, and shrubs (vegetation) located on the property. All costs associated with the maintenance and/or removal of trees/vegetation will be the sole burden of Licensee.

D. Periodically, the P roperty will be inspected by Licensor, and upon determination that any tree/vegetation requires trimming or removal, Licensee will be notified by Licensor. Failure by Licensee to trim or remove said tree/vegetation in the time allotted, that results in Licensor’s contractor performing the work, Licensee will be billed by Licensor for the contractor’s expense; and Licensee may be subject to termination under t he terms and conditions of the Permit or License.

E. Trees/vegetation must be slow growing and maintained by Licensee to not exceed fifteen (15) feet in height.

F. Failure by Licensee to maintain all permit or license clearance requirements will require removal at Licensee’s expense.

G. Unless authorized in writing by Licensor, Licensee agrees not to plant any additional trees , plants, or shrubs within the Property. If additional authorization is requested by Licensee and prior written authorization is received by Licensor, no tree or plant species that is protected by federal or state law shall be planted within Licensor’s land and no cactus or thorny shrubs/plants will be permitted.

H. Any improvements or alterations, including retaining walls, planters, placement of large rocks, etc. and any mounds or changes of grade, require prior written approval by Licensor.

I. Licensee will keep the P roperty clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor.

J. Upon permit or license termination, Licensee agrees to remove all trees/vegetation an d improvements and restore the Property to a condition satisfactory to Licensor, at the sole expense of Licensee.

October 14, 2025

CONSENT CALENDAR
Item No. 4I.

City Council Agenda Report

AGREEMENT WITH FLOCK SAFETY TO LEASE AUTOMATED LICENSE PLATE READERS AND DATASTORAGE

PREPARED BY PRESENTED BY
John T. Bailey, Lieutenant Nghia Nguyen, Police Captain

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Frank Nunes, Chief of Police Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a two-year lease agreement with Flock Safety for eight (8) automated license plate readers (ALPR) and data storage services for a total cost of $79,400; 2) Authorize the City Manager and City Attorney to make anynecessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute theagreement; and, 4) Authorize the Police Department to continue expanding existing Flock Safety ALPR locations.

PREVIOUS CITY COUNCIL ACTION
Flock Safety has been a strategic partner with the Buena Park Police Department, offering ALPR services since2021. The Police Department previously used a combination of the Edward Byrne Memorial Justice AssistanceGrant (JAG) and the general fund to pay for existing Flock Safety ALPRs.

DISCUSSION
Automated license plate readers are a proven, technology-driven solution that enhances public safety in ourcommunity. ALPRs provide the Buena Park Police Department with real-time, actionable intelligence on vehicle-related crimes. Flock Safety deploys solar-powered, wireless cameras that capture license plates, vehiclemake/model/color, and timestamps without recording faces or identifiable individuals. ALPR technology fills criticalevidence gaps, enabling faster case clearance and disrupting crime patterns. Flock Safety technology and datafacilitate the tracking of cross-jurisdictional movements of suspects, aiding investigators in solving crimes.

This agreement expands the City’s existing Flock Safety services for a two-year term, with the option to renew foradditional two-year periods at $39,700 each. The agreement has been reviewed and approved by the CityAttorney.

BUDGET IMPACT
The two-year agreement is $79,400, with each additional two-year term costing $39,700. The agreement will befunded with Measure R funds (Account No. 13-650701-6240)

Attachments
Flock Safety ALPR Agreement 2025 with Attestation and Approval.pdf Existing Master Service Agreement with Flock Safety (License Plate Readers).pdf Flock COI 2025.pdf

Flock Safety + CA - Buena Park PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Larry Barsocchini
[email protected]
408.317.8617

ORDER FORM

This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”)

Customer: CA - Buena Park PD Initial Term: 24 Months
Legal Entity Name: CA - Buena Park PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 6640 Beach Blvd Buena Park, California
90621
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 365 Days

Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $39,700.00
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 3 Included
Solar Long-Range LPR, fka Solar Falcon LR Included 5 Included Flock Safety Platform Add Ons
Extended data retention (Up to 1 Year) Included 19 Included

<# <<# <
Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $0.00 5 $0.00
Professional Services - Standard Implementation Fee $0.00 3 $0.00 Subtotal Year 1: $39,700.00
Annual Recurring Subtotal: $39,700.00

Discounts: $2,700.00
Estimated Tax: $0.00
Contract Total: $79,400.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires self- installation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Special Terms:
• Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost.

Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $39,700.00
Annual Recurring after Year 1 $39,700.00
Contract Total $79,400.00
*Tax not included

Discounts

Discounts Applied Amount (USD)
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $2,700.00

Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Extended data retention (Up to 1
Year) Extended data retention for up to 1 year for 1 Law Enforcement grade LPR camera.

Solar Long-Range LPR, fka Solar
Falcon LR
Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE. Solar Power only Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Buena Park PD
By:
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By:
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Name:
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Name:
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Title:
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Title:
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Date:
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Date:
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PO Number:

ATTEST:

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

BY: ________________________________
Christopher Cardinale, City Attorney
DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 8/4/2023
General Counsel
Mark Smith
DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6 DocuSign Envelope ID: 23BDD1E4-9F89-4DA8-9C10-A12A6D97B7D6

October 14, 2025

NEW BUSINESS
Item No. 5A.

City Council Agenda Report
PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC., FOR DESIGN SERVICES OFTHE JOHN BEAT PARK, CARL BRENNER PARK (CONCEPTS) AND DISTRICT 2 POCKET PARK (CONCEPT& DESIGN) IMPROVEMENTS 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 RJM Design Group, Inc., in the amount of $292,450 for design services for the John Beat Park, Carl Brenner Park (Concepts) and District 2 Pocket Park (Concept & Design) Improvements 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 seeks to retain a qualified and experienced consultant to support planned improvements at three park sites: John Beat Park, Carl Brenner Park, and District 2 Pocket Park. The selected consultant will be responsible for:

John Beat Park & Carl Brenner Park:

Development of concept plans, renderings, and cost estimates to guide future park improvements.

District 2 Pocket Park:

Development of full design documents, including plans, specifications, and a cost estimate suitable forconstruction bidding and permitting.

On August 26, 2025, staff issued a Request for Proposals (RFP) to retain a consultant to provide professional design services for the Project. Six (6) proposals were received on September 18, 2025, and were thoroughly evaluated by staff. The proposals ranged from $159,480 to $428,561.

Although proposals ranged from $159,480 to $428,561, staff selected RJM Design Group, Inc. based on their demonstrated understanding of the scope, proposed schedule, cost-effectiveness over the project lifecycle, and strong track record with similar projects for the City.

Staff recommends executing an agreement with RJM Design Group, Inc. for professional design services, including concepts, renderings, plans, specifications, cost estimates, and construction support. The design phase is scheduled to commence in October 2025 and is anticipated to be completed by April 2026.

The City Attorney has reviewed and approved the proposed agreement.

BUDGET IMPACT
The total agreement amount of $292,450 will be fully funded through Measure R revenues. The necessary funds have been allocated in the FY 2025–26 Capital Improvement Program (CIP) budget under the following accounts:

John Beat Park (Account No. 13-9806-190304)
Carl Brenner Park (Account No. 13-9806-190305)
District 2 Pocket Park (Account No. 13-9806-190306)

Attachments
Att. 1 of 2 - RFP Parks.pdf
Att. 2 of 2 - PSA Parks.pdf

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

Proposal Due Date: SEPTEMBER 18, 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: AUGUST 26, 2025

REQUEST FOR PROPOSAL (RFP)

JOHN BEAT PARK/CARL BRENNER PARK (CONCEPT)
AND DISTRICT 2 POCKET PARK (CONCEPT & DESIGN)

IMPROVEMENTS PROJECT

INTRODUCTION

The City of Buena Park (City) is seeking an experienced engineering consultant (Consultant) to assist with the planning and design improvements at three park sites. The selected Consultant will be responsible for preparing conceptual design plans and cost estimates for John Beat Park and Carl Brenner Park, as well as conceptual and complete Plans, Specifications, and Estimates (PS&E) for the development of District 2 Pocket Park . A topographic survey is also required as part of the design effort for District 2 Pocket Park. In addition, the Consultant shall conduct a soils investigation, if necessary, to obtain geotechnical data and soil properties for the park’s design and construction.

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. Proposals should identify efforts anticipated for each park as well as separate fee scheduled for each park.

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.

PROJECT BACKGROUND

The project involves improvements at three park sites located within the City of Buena Park - John Beat Park, Carl Brenner Park, and District 2 Pocket Park (Refer to attached exhibits for park locations).

John Beat Park and Carl Brenner Park

The selected Consultant will be responsible for preparing conceptual plans , renderings, and cost estimates for both John Beat Park and Carl Brenner Park. For each park, the conceptual plans must incorporate input gathered from two (2) in-person community outreach meetings ensuring that all feedback is integrated into the design process. Upon completion of the conceptual plans and associated preliminary cost estimates, the Consultant will be required to present the conceptual designs of each park at a City Council meeting for review and approval.

District 2 Pocket Park

The selected Consultant will be responsible for preparing a conceptual plan that will be shared with the community for feedback. The consultant will incorporate changes resulting f rom the meeting and present the conceptual plans , renderings, and cost estimate to City C ouncil for final approval. Upon approval, the consultant will provide design plans, specifications, and a cost estimate (PS&E) for District 2 Pocket Park. The City envisions the park as a welcoming neighborhood space that blends active play opportunities for children with a more serene environment for relaxation and recreation . The park should cater to all age groups via a mix of active and passive elements. Potential amenities may include, but not limited to , cognitive development play features, yoga/meditation area s, meandering walking paths, art sculptures, native drought-tolerant landscaping , educational and interpretive displays, welcome signage, natural boulders and seating elements, lunch areas, and bike racks.

While the initial concept outlines some program elements, the City encourages the Consultant to build upon this foundation and explore additional features or amenities that could enhance the end -user experience and maximize the park’s long -term value to the community. Proposers shall include visual concept alternatives to encourage creative thinking.

QUALIFICATIONS

MINIMUM QUALIFICATIONS

• Valid California Professional Civil Engineer or California Landscape Architect License;

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

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

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

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 confe rence 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. John Beat Park and Carl Brenner Park – Concept Responsibilities

The Consultant shall deliver all necessary professional services, including engineering, planning, and administrative tasks for the preparation of conceptual plans, renderings, and cost estimates for both John Beat Park and Carl Brenner Park.

The Consultant should anticipate participation in the following meetings throughout the course of the project:

• Three (3) Project Development Meetings
• Four (4) In-person Community Outreach Meetings – Two (2) per park • City Council Meeting

Additional management meetings may be scheduled as needed during the course of the project.

The Consultant is expected to incorporate, at a minimum, the following tasks into their proposed scope of services. Consultants are also encouraged to propose additional services based on their professional expertise and understanding of the City’s goals.

a. Conduct comprehensive site assessments for both parks, including evaluation of existing conditions, identification of potential improvements, assessment of parking and traffic issues, and performance of site visits as necessary.

b. Develop conceptual plans and renderings that reflect both existing and proposed improvements in accordance with City standards. Plans must clearly identify elements to be retained, removed, or replaced.
c. Prepare detailed cost estimates that align with the proposed conceptual improvements.

Estimates must include costs for demolition, replacement, and new construction elements.
d. Prepare a complete conceptual plan set for each park that includes, at a minimum, a Title Sheet, Improvement Plan(s), and other supporting plans and/or details as necessary to clearly communicate the design intent and associated estimates. e. Review and incorporate all feedback received from the City of Buena Park and community outreach meetings.
f. Ensure all conceptual plans are prepared in accordance with applicable standards and regulations including, but not limited to, Caltrans, City of Buena Park Standards, SPPWC, CA MUTCD, and any other relevant local, state, or federal regulations. g. Coordinate with City staff to present the final conceptual plans , renderings, and cost estimates for each park to the City Council for review and approval. h. Provide general support services during the planning phase including, but not limited to, responding to Requests for Information (RFIs) and other inquiries from City staff.

Deliverables

• Draft Concept Plans and Estimates for each park
• Final Conceptual Plans, Renderings, and Estimates for each park • All associated CAD files, supporting documentation, and design files

3. District 2 Pocket Park – Design Responsibilities

The Consultant shall deliver all necessary professional services, including engineering, planning, and administrative tasks for the preparation of conceptual plans, renderings, project P lans, Specifications, and Estimates (PS&E) for District 2 Pocket Park.

The Consultant should anticipate participation in the following meetings throughout the course of the project:

• One (1) Project Development Meeting
• One (1) In-person Community Outreach Meeting
• One (1) City Council Meeting – Study Session

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 all existing utilities on contract drawings.

c. Prepare a Water Quality Management Plan ( WQMP), if applicable, and incorporate all necessary temporary and permanent storm water quality control measures. d. If any design elements such as irrigation or lighting require separate permit agency review (e.g., OC Stormwater Division), consider noting that coordination support is required. e. Prepare and submit 10% (conceptual), 30%, 60%, 90%, and 100% PS&E submittals to the City for review and approval.
f. The plan set shall includ e, but not limited to, a Title Sheet, General Notes, Demolition Plan(s), Grading Plan(s), Horizontal Control Plan(s), Improvement Plan(s), Landscape/Hardscape Plan(s), Irrigation Plan(s), and any other plans and/or details needed to complete the 100% Bid Set of Plans, Specifications, and Estimate (PS&E). g. Review and incorporate all applicable comments from the City of Buena Park and all other involved agencies.
h. Prepare Contract Drawings with sufficient details for construction in accordance with the latest Caltrans, City Standards, SPPWC, CA MUTCD, and any other applicable regulations. i. Design shall include ADA consider ations like accessible pathways and inclusive playground equipment if applicable.
j. Provide support services to City during bidding phase including, but not limited to, responding to Requests for Information (RFI) from bidders. k. Provide support services to City during construction phase including, but not limited to, responding to Requests for Information (RFI) from the Contractor. l. Prepare and submit as-built drawings upon completion of the construction phase of the project, accurately reflecting all modifications and changes made during construction. m. The City will provide environmental approval through the California Environmental Quality Act (CEQA).

Deliverables

• 10% Draft Concept Plan – To be shared at a community meeting • 30% Concept Plans, Renderings, and Estimate
• 60% Design Plans and Estimate
• 90% Design Plans, Specifications, and Estimate
• 100% Contract Plans, Specifications, Estimate (Bid Set) • All associated CAD files, supporting documentation, and design files

4. Survey – District 2 Pocket Park

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, utility boxes, manholes, valves, power poles, traffic signals, cabinets, fire hydrants, trees, along with any other visible features within the project area . The survey shall include enough record survey control monuments to accurate map the right -of-way and property limits in the project location per available county record maps.

b. Inventory and verification of existing survey monuments within the project limits.

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. In addition, communication between Consultant and City staff via email and telephone will be on going throughout project. Consultant shall allow at a minimum two (2) weeks for City of Buena Park’s review of all submittals.

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 August 26, 2025
• Proposal Due Date/ Submission Deadline September 18, 2025 • City Council Award Date October 14, 2025
• Project Kick-Off Meeting October 28, 2025

John Beat Park and Carl Brenner Park
• 1st & 2nd Community Outreach Meetings November 2025 • Draft of Conceptual Plans and Estimates December 2025 • Final Conceptual Plans and Estimates January 2026 • City Council Meeting February 2026

District 2 Pocket Park
• 10% Draft Conceptual Plans November 2025
• Community Outreach Meeting December 2025
• 30% Conceptual Plans and Estimates December 2025 • City Council Meeting – Study Session January 2026 • 60% PS&E Submittal February 2026
• 90% PS&E Submittal March 2026
• 100% (Final) Contract PS&E (Bid Set) April 2026

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 twenty (20) 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 20-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 containe d 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.

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 the Consultant.

SUBMITTAL INFORMATION:

Proposals are due by 3:00 PM on September 18, 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 “JOHN BEAT PARK /CARL BRENNER PARK (CONCEPT) AND DISTRICT 2 POCKET PARK (CONCEPT & DESIGN) IMPROVEMENTS 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, September 4, 2025 at 3:00 PM. Changes to the RFP itself shall only be made by the City via a written addendum. 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.

POTENTIAL PROPOSAL EVALUATION CRITERION
Qualifications and Experience - The qualifications and experience of the proposing Consulting firm and team with preparing park 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.

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.

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 description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.

Determination of Responsiveness
The City shall have sole authority in determining the 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.

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 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.

ATTACHMENTS

• Attachment A – Exhibits (Park Locations)
• Attachment B – Draft Professional Services Agreement (PSA)

Attachment A

Exhibits (Park Locations)

MT LOWE DR

JOHN BEATPARKCARBON CREEK CHANNEL

CITY OF BUENA PARKCITY OF ANAHEIM

PACIFIC ELECTRIC RAILROADBASKETBALLCOURTPUBLICRESTROOMS

PLAYGROUND

CANOPYSTRUCTURE

CITY PARK IMPROVEMENTS
DRAWN BY:DATE:

E:\Projects\Parks\Active\Beat, Brenner, and Pocket Park\CAD\SupportFiles\Exhibit - Beat Park.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.

N
AJOHN BEAT PARKEXISTING CONDITIONSJDM08/2025

RIDGEWAY DRRIDGEWAY DR

SAN RAFAEL DR

SHERIDAN WY

SHERIDAN WYCARL BRENNERPARK
91 BRADLEY DRPLAYGROUND
CANOPYSTRUCTURE(4) BASKETBALL COURTSPUBLIC RESTROOMS ANDCOMMUNITY BUILDINGPOOL OUT OF SERVICE

CITY PARK IMPROVEMENTS
DRAWN BY:DATE:

E:\Projects\Parks\Active\Beat, Brenner, and Pocket Park\CAD\SupportFiles\Exhibit - Brenner Park.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.

N
BCARL BRENNER PARKEXISTING CONDITIONSJDM08/2025

PINCHOT CT

STANTON AVE

POCKETPARK

CIVIC CENTER POLICEMONUMENT SIGN

CITY PARK IMPROVEMENTS
DRAWN BY:DATE:

E:\Projects\Parks\Active\Beat, Brenner, and Pocket Park\CAD\SupportFiles\Exhibit - Pocket Park.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.

N
CDISTRICT 2POCKET PARKEXISTING CONDITIONSJDM08/2025

Attachment B

Draft Professional Services Agreement (PSA)

PAGE 1 OF 17

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-XX

DATE:

SERVICES: Professional Engineering Services

PROJECT: John Beat Park/Carl Brenner Park (Concept)
and District 2 Pocket Park (Concept & Design)
Improvements 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 [___] (add “PW Exhibit”)

Community Workforce Agreement: NO [___] 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)
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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.

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 $ _________________ (“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.

7.1 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 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.

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.

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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.

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

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

10. INDEMNIFICATION AND HOLD HARMLESS.

10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys ’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City Indemnitees. CONSULTANT acknowledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.

10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent 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

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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:

.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).

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

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

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

.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services / location or the general aggregate limit shall be $4,000,000 and contain specific language creating a duty to defend against any suit seeking damages.

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

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

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

11.3 Umbrella or Excess Insurance. In the event CONSULTANT purchases an umbrella or excess insurance policy(ies) to meet the “Minimum Limits of Insurance," this 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.

11.6 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 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.

.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.

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

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

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

.6 CONSULTANT shall provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY or any of the Additional Insureds as a defendant. CITY assumes no obligation or liability from the notice. CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve CITY.

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

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

12. WORK PRODUCT.

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

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

12.2 Ownership.

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

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

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

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

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

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19. MISCELLANEOUS TERMS.

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

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

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

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

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

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

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

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

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

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

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

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

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

19.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement, 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.

[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:

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

Signature

Name:

Title:

ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

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EXHIBIT A

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

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

3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the 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).

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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.

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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):

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
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CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-26

DATE: October 15, 2025

SERVICES: Professional Engineering Services

PROJECT: John Beat Park/Carl Brenner Park (Concept)
and District 2 Pocket Park (Concept & Design)
Improvements 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”: RJM Design Group, Inc. a California Corporation

Consultant
Representative:

Name: Zachary Mueting, LLA
Title: Principal
Tel.: (949) 493-2600
Email: [email protected]
SUMMARY OF TERMS:

Start Date: October 15, 2025

End Date: December 31, 2026

Contract Value: $292,450.00

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 [ 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.

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CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“ Agreement”) is dated as of October 15, 2025 , between the City of Buena Park, a California charter city (“ CITY”), and RJM Design Group, 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 October 15, 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”).

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 $292,450.00 (“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.

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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 pr ofession. The acceptance of the Services by CITY shall not operate as a release of CONSULTANT from such standards of care, workmanship, or conduct.

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 subcontr actors, 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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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.

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, reasonable attorneys’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City Indemnitees. CONSULTANT acknowledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.

10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent 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 negligence, active negligence, or intentional misconduct of CITY.

CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel reasonably approved by CITY , and shall pay all costs and expenses, including all reasonable attorneys’ fees and experts’ costs actually incurred in connection with

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

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

.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

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

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

.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.

11.4 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 guaran tee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses . At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

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

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

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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 , or ten (10) days ’ notice if due to non -payment of premium . 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.

11.8 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 coverage that complies with this Section 11. 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 it s 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, duplicatio n or dissemination by CITY upon final payment being made. However, any use, re-use, or modification of said Work Product for any purpose other than that intended by this Agreement shall be at CITY’s sole risk.

CONSULTANT shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

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16. SUSPENSION AND TERMINATION.

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

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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.

PAGE 12 OF 19

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]

PAGE 13 OF 19

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 John Beat Park/Carl Brenner Park (Concept) and District 2 Pocket Park (Concept & Design) Improvements 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 20 of the PROPOSAL.

Consultant shall be paid by labor hours and in a total not-to-exceed amount of $292,450.00 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.

PAGE 15 OF 19

EXHIBIT A-1

[Consultant’s Proposal dated September 18, 2025, behind this page]

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 1 John Beat Park, Carl Brenner Park, and District 2
Pocket Park Improvements Project
City of Buena Park
September 18, 2025
Cover Letter | 1
Scope of Work | 2
Consultants Representative | 5
Project Team | 6
References | 14
Schedule | 20
Design Budget (submitted under separate cover)
Subconsultants | 21
Contract Exceptions | 21
Table of Contents
Los Serranos Park | Chino Hills
(RJM Project)
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 1 September 18, 2025
Jaden Miller, P .E.

Associate Engineer
City of Buena Park
Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
RE: John Beat Park, Carl Brenner Park, & District 2 Pocket Park Improvements Project Dear Mr. Miller:

RJM Design Group, Inc. is pleased to submit our proposal for the John Beat Park, Carl Brenner Park, and the District 2 Pocket Park Improvements Project in the city of Buena Park. With our long- standing history working with Buena Park’s Community Services and Public Works Departments, we are uniquely positioned to deliver comprehensive and agile designs that blend community desires with site requirements and City needs.

Collaboration is at the heart of our process and has successfully led to the completion of several projects in Buena Park, including the Community Outreach and Conceptual Design for Friendship Park. Continuing in this fashion, we will work closely with Buena Park’s Public Works Department for the John Beat, Carl Brenner, and District 2 Pocket Park to coordinate and provide a variety of opportunities for public input to ensure we have a thorough understanding of the community needs and desires. Through in-person community workshops and online surveys in multiple languages, we aim to provide all members of the public with the opportunity to give a voice to their desires and concerns for their neighborhood parks.

With nearly 40 years of design experience in Orange County, we have a deep understanding of blending existing site-specific conditions with community centered desires to provide one seamless, cohesive design that meets the needs of the residents while respecting the overall requirements of the City. Furthermore, through our experience in developing the City of Buena Park’s Parks and Recreation Master Plan, we have a high level of familiarity with the City’s existing parks and needs assessment. This will help facilitate park designs that speak to the City’s overall design requirements and needs, while precisely servicing the immediate community.

Through meticulous community outreach, proactive collaboration, and a commitment to delivering a high-quality product, we aim to provide the City of Buena Park with coordinated and detailed conceptual level designs and a PSE package that speaks to the desires of the community, the needs of the City, and respects the existing site conditions. With our deep experience in Buena Park and a collaborative approach, we are ready to create vibrant, all-encompassing parks where families can gather, play, and celebrate for generations to come. Thank you for this opportunity.

Sincerely,
RJM Design Group
Zachary Mueting, LLA | Principal
[email protected] | (949) 493-2600
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
(949) 493-2600 phone
(949) 493-2690 fax
Cover Letter
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 2 Scope of Work

PROJECT UNDERSTANDING
We have a thorough understanding of the John Beat Park/Carl Brenner Park (Concept) and District 2 Pocket Park (Concept and Design) Improvements Project which aims to revitalize and enhance the existing park facilities and green space to better serve the community. Our team recognizes the importance of community outreach and engagement on this project, and we plan to work closely with city staff, stakeholders, and local residents to ensure that the design meets the needs and expectations of the community. Using our previous collaboration with the city and community on the City of Buena Park Parks and Recreation Master Plan, we will implement previously identified key strategies in our proposed scope of work. Further, our design will incorporate City of Buena Park standards and guidelines to ensure consistency and quality throughout the project. By taking a holistic approach to design, we aim to create vibrant and inclusive community spaces that benefit both the immediate neighborhood and the broader community, while also reflecting the city's commitment to providing high-quality recreational facilities.

PHASE 1 — PROJECT FAMILIARIZATION (JOHN BEAT, CARL BRENNER, & DISTRICT 2 POCKET PARK)
At the project start, RJM will conduct a joint kickoff and site analysis review meeting with the City of Buena Park to review the overall project scope and objectives, as well as to review the project sites' existing conditions, opportunities, and constraints. During this phase, we will also have an aerial and field survey performed for the District 2 Pocket Park. This survey will have topographic contours at one-foot interval and will include all above grade utilities, vaults, architecture, and hardscape surfaces. This survey for the District 2 Pocket Park will then be used to prepare a site plan for the District 2 Pocket Park in AutoCAD. A title report and the county record maps, provided by the City, will allow our design team to draft all recorded easements that correspond to the District 2 Pocket Park site. Surveys for John Beat and Carl Brenner Parks are not proposed at this time, but can be provided upon request
MEETINGS: One (1) In Person Kick-off and Site Analysis Meeting with City Staff DELIVERABLES: Aerial and Field Survey (District 2 Pocket Park) Site Analysis Exhibits (John Beat/Carl Brenner/District 2 Pocket Parks) PHASE 2 – COMMUNITY OUTREACH AND COMMUNITY NEEDS ASSESSMENT Task A: John Beat Park / Carl Brenner Park
RJM will host two public workshop events each at both John Beat and Carl Brenner parks (one on the weekend, and another on a weekday) to give residents the greatest opportunity to attend and provide feedback. We would like to request that the City allow us to use the existing park pavilion and tables at Carl Brenner Park for the community events. RJM to provide a pop up tent for the Community outreach events at John Beat Park.

We also request the city allow our team to provide electronic promotional flyers to add to the City website and social media accounts to promote the events. Our team will create a Social Media Project Brand that will help maximize community participation by developing content and promotional materials that will visually unify all project outreach efforts. We will also generate a project website that will provide project status updates, post project graphic exhibits, host online surveys, and allow for the community to provide feedback at any time. This multilingual, WCAG/ ADA standards compliant website will allow the community to understand the extent of planning considerations, and as each outreach effort is completed, the results will be posted. We propose to work closely with City staff to organize and help define the approach shared in this process.

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 3 Scope of Work (continued)
All hard copy exhibits and survey materials presented at the community workshops are to be provided in both English and Spanish to cater to the multi-cultural makeup of Buena park.

Following the community meetings, our findings will be analyzed and compiled into two Community Outreach Reports that will then be presented to the Public Works Department for approval to proceed into preliminary design.

MEETINGS: One (1) Virtual Review Meeting with City Staff prior to Workshops Two (2) Community Workshops (each) held at John Beat and Carl Brenner Parks
One (1) Public Works Presentation
DELIVERABLES: Social Media Project Branding Promotional Flyers & Graphics Workshop Presentation & Participation Materials (Provided Digitally) One (1) Community Outreach Findings Report (each / per park) Task B: District 2 Pocket Park
For the District 2 Pocket Park, RJM will follow the same scope of work outlined in Task A except RJM will include a preliminary conceptual level design exhibit for Community review and input.

After closure of the website and compilation of the community feedback, RJM to prepare a digital powerpoint based on the city standard templates for presentation at the City Council Study Session in January. Upon receiving permission from City Council, RJM to move the District 2 Pocket Park into CDs.

Meetings: One (1) Virtual Review Meeting with City Staff prior to Workshops One (1) Community Workshop held at the District 2 Pocket Park One (1) Public Works Presentation on Community Engagement Findings One (1) City Council Study Session

Deliverables: Social Media Project Branding Promotional Flyers & Graphics Workshop Presentation & Participation Material (Provided Digitally) One (1) Community Engagement Findings Report
One (1) Conceptual Level Design
One (1) Refined Conceptual Level Design and Cost Estimate One (1) City Council Study Session PowerPoint Presentation City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 4 PHASE 3 — PRELIMINARY DESIGN — JOHN BEAT PARK/CARL BRENNER PARK With approval from staff on the preliminary conceptual plans, we will commence with the preparations to refine the park designs. Refinements to include 3D Renderings illustrating the park improvements in elevation and section. Once the designs are completed we will schedule a meeting with City staff to review the designs and make refinements to the conceptual plans.

Once revisions are completed, we will refine the cost estimates and present to city council using the city standard PowerPoint presentation template.

MEETINGS: Two (2) Virtual Review Meetings with City Staff One (1) City Council Presentation
DELIVERABLES: One (1) Preliminary Design Alternatives (1 per park) Final Design, Renderings, and Cost Estimate for City Council Presentation
One (1) City Council Presentation in PowerPoint format
PHASE 4 — CONSTRUCTION DOCUMENTATION — DISTRICT 2 POCKET PARK Phase 4 to be completed concurrently with Phase 3. With permission from the City to move into CDs, RJM to mobilize our project team and commence with construction documentation for the District 2 Pocket Park. Using the previously approved preliminary design plans from Phase 1, RJM to create Plans, Specifications, and Estimate sets at 30%, 60%, 90%, and 100%. At a minimum, the final set will include the following information:

A. Title sheet and general notes
B. Demolition Plans
C. Grading Plans
D. Horizontal Control Plans
E. Improvement Plans
F. Landscape/Hardscape Plans
G. Irrigation Plans
H. Electrical Plans
I. Cost Estimate
J. Specifications
The 90% plans will be used for submittal to Buena Park Plan Check. At the most, we are anticipating two rounds of plan check comments. Upon receiving plan check approvals, RJM to compile the 100% Plans, Specifications, and Estimate set into a bid set for Public Bidding. RJM to provide the Bid schedule, city to provide front end specifications.

MEETINGS: Two (2) Virtual Review Meeting with City Staff (90% and 100%) DELIVERABLES: One (1) 30% Conceptual Pans, Renderings, and Estimate One (1) 60% Design Plan set and Estimate
One (1) 90% Design Plans, Specifications and Estimate (for Plan check) One (1) 100% Contract plans, Specifications, and Estimate for Bidding.

Note: If required, CEQA required supportive documentation may be made available for an additional fee.

Scope of Work (continued)
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 5 Consultant’s Representative
Scope of Work (continued)
Sara Ryan shall serve as the primary representative to perform the services as described in the Scope of Work contained herein. Zachary Mueting shall serve as the Principal Landscape Architect. RJM Design Group, Inc. acknowledges that representatives shall be California Licensed Professional Landscape Architects and shall remain in responsible charge of all duties from contract negotiations through project completion. We acknowledge that if the primary representative is unable to continue with the project, then an alternate representative shall become the primary representative upon the City’s approval.

PHASE 5 — BIDDING AND CONSTRUCTION ADMINISTRATION
During the bidding phase, RJM and our subconsultant team will be available to respond to Contractor Requests for Information (RFIs). We are anticipating no more than 10 Bidding RFIs.

RJM will further be available during Construction to review and reply to any contractor RFIs and Submittals. Construction Bulletins will be made available as needed (not to exceed 4 bulletins).

At the most we are anticipating a total of 20 RFIs and 20 submittals. During the course of construction, RJM to be available for site visits once/month to review construction and provide input, (assumed 6 month construction period). At substantial completion, RJM to complete a final punch walk and final punch walk report. Upon project close out, RJM to compile record drawings of any changes made during construction that differ from the original plan drawings.

Friendship Park Community
Pop-Up Event (RJM Project)
Project Team
RJM Design Group
Zachary Mueting
Principal-In-Charge
Landscape Architecture and Design
Water Concern
Steve Hohl
City of Buena Park
Irrigation Design
Wilson Mikami
Scott Wilson
Civil Engineering
Aquatic Studio
Sonny Sim
Aquatic Design
FBA Engineering
Bill Zavrsnick
Electrical Engineering
Asulon Design
Erica Carvalho
Architect
Sara Ryan
Landscape Architect

OPTIONAL SERVICES
Shimaji & Lascola
Jim Lascola
Structural Engineering
GMU Geotechnical
Matt Farrington
Geotechnical
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 7 Project Team (continued)
Sara Ryan, LLA
Project Manager
RJM Design Group, Inc.

As a Project Manager, Sara serves
as the primary point of contact
for clients, expertly representing
RJM Design Group, Inc. in the
delivery of exceptional services. Her attention to
detail, proactive communication, and commitment
to excellence ensure that each project is executed
seamlessly, from concept to completion. Sara’s
passion for design, coupled with her ability to
navigate complex project demands, makes her a
trusted partner for clients and a valued member of
the RJM team. With her forward-thinking mindset
and dedication to client satisfaction, Sara is poised
to make a lasting impact in the field of landscape
architecture.

Licenses
• Landscape Architect / CA 6927
Education
• Bachelor of Music-Vocal Performance, California
State University, Long Beach, CA
• Master of Landscape Architecture, Cornell
University, NY
Project Experience
• Ascension Cemetery, Lake Forest, CA
• Boulder Pond Park, Rancho Mission Viejo, CA
• Buena Park Friendship Park, Buena Park, CA
• Buena Park Hiking Trail, Buena Park, CA
• Crucero Park, Mission Viejo, CA
• Friendship Park, Buena Park, CA
• Good Shepherd Cemetery, Huntington Beach, CA
• Holy Sepulcher Cemetery, Maintenance Yard,
Orange, CA
• Laguna Hills Street Corner Reader Board, Laguna
Hills, CA
• Los Osos Village Center, Mission Viejo, CA
• Marina Green, Long Beach, CA
• OCFA Fire Station 24, Mission Viejo, CA
• Rienda Plunge, Rancho Mission Viejo, CA
• Santiago Canyon College Plaza Improvements,
Orange, CA
Zachary Mueting , LLA
Principal-in-Charge
RJM Design Group, Inc.

Zachary Mueting is a visionary
landscape architect and urban
designer with over a decade of
experience creating sustainable
and engaging outdoor spaces. His
portfolio includes diverse projects,
from public parks and recreational
facilities to urban landscapes, all designed to foster
community connection and environmental stewardship.

With a passion for blending innovation and aesthetics,
Zachary’s work emphasizes collaboration and a deep
understanding of community needs, resulting in spaces
that inspire and endure.

Zachary’s exceptional technical design skills and ability to lead project teams have been integral to his success in delivering complex, high-impact projects. He combines
advanced proficiency in design software and sustainable practices with strategic project management, ensuring
that each initiative is executed efficiently and to the highest standards.

Licenses
• Landscape Architect / CA 5731
Education
• Masters Degree, Landscape Architecture, California
Polytechnic State University, Pomona
• Bachelor of Science, Information Technology, Colorado Technical University
• Bachelor of Science, Information Systems Management,
Colorado Technical University
Parks
• Bartlett Park, Huntington Beach, CA
• Boulder Pond Park, Rancho Mission Viejo, CA
• Bommer Canyon Community Park, Irvine, CA
• Carriage Crest Park Expansion, Carson, CA
• Central Park Playground, Huntington Beach, CA
• Cherry Park, Lake Forest, CA
• Cordova Park Renovation, Mission Viejo, CA
• Crucero Park, Mission Viejo, CA
• Evans Park & Lyle Marsh Park, Menifee, CA
• Friendship Park, Buena Park, CA
• Grant Howald Park, Newport Beach, CA
• Heroes Park, Lake Forest, CA
• North Park, Inglewood, CA
• Pavion Park, Mission Viejo, CA
• Peace Park Playground, Long Beach, CA
• Pinehurst Park, Chino Hills, CA
• Portola Park, Lake Forest, CA
• RC Central Park, Rancho Cucamonga, CA
• San Carlo & Valencia Parks Rehabilitation, Irvine, CA • Seaside Park, Long Beach, CA
• Sea Terrace Park, Dana Point, CA
• Serrano Creek Park, Lake Forest, CA
• Tewinkle Park, Costa Mesa, CA
• Tustin Legacy Park Sculpture Walk, Tustin, CA
• Whispering Hills Park, Lake Forest, CA
• Worthy Park Renovation, Huntington Beach, CA
• Yarborough Park Renovation, Lake Elsinore, CA

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 8 Project Team (continued)
Steve Hohl
Irrigation Designer
Water Concern
Steve oversees all irrigation projects for numerous
clients, landscape architects, and community
associations. He enjoys the opportunity to lead
the company’s consultation on many interesting
projects including large master planned communities,
parks, athletic fields, schools, universities, and office campuses as well as central control programming, data
collection, and operation. Steve has enjoyed teaching
positions and guest lecturing for numerous classes at
Cal Poly in the Landscape Irrigation Science program.

Education
• M.S. Mechanical Engineering, University of California, Irvine, CA
• B.S. Landscape Irrigation Science, California State
Polytechnic University, Pomona, CA
Registrations
• American Society of Irrigation Consultants, Certified Irrigation Consultant (CPIC #0007)
Relevant Project Experience
• Arroyo Trabuco Golf Course Clubhouse, Mission Viejo,
CA
• Coachella Valley Water District HQ, Palm Springs, CA
• El Dorado Country Club – Wellness Center, Indian Wells, CA
• Encinitas Community Park, Encinitas, CA
• Fashion Island, Newport Beach, CA
• Fullerton Community Center, Fullerton, CA
• Grand Hyatt Resort, Indian Wells, CA
• Historic Estate at Sunnylands, Rancho Mirage, CA
• Innovation Park Office Campus, Irvine Company, Irvine, CA
• Irvine Spectrum, Irvine, CA
• Ladera Ranch Community, CA
• La Quinta Resort Adult Pool and Grove Facility, La
Quinta, CA
• Las Flores Community, Las Flores, CA
• Pathline at Peery Park, Sunnyvale, CA
• Pelican Hill Resort, Newport Coast, CA
• Rancho Mission Viejo Community, CA
• Saddleback Unified School District, Mission Viejo, CA • Saggio Hills Resort, Healdsburg, CA
• Santa Clara Square, Santa Clara, CA
• St. Michael’s Abbey, Silverado Canyon, CA
• The Irvine Company World Headquarters, Irvine, CA
• The Retreat Golf Course Mitigation, Riverside, CA
• Westfield University Town Center, La Jolla, CA
Scott Wilson
Civil Engineer
Wilson Mikami Corporation
Mr. Wilson has over thirty years of experience
with the planning, engineering design, and
construction of residential land development
and municipal projects. He has a wide range
of interdisciplinary engineering experience related to
master planned community and subdivision design,
infrastructure and improvement plan design for streets, traffic signals, water, sewer, storm drains, and public facility improvements.

Education
• M.S. Civil Engineering, California State University,
Long Beach, CA
• B.S. Mechanical Engineering, University of Southern
California, CA
Registrations
• California Professional Civil Engineer 49884
• California Professional Land Surveyor 7434
• California Professional Mechanical Engineer 26969
Relevant Project Experience
• Arbor Parks, Irvine, CA
• Cypress Village, Irvine, CA
• Habitat Enhancement Project and The Links Golf Club,
Lake Elsinore, CA
• Jasmine Park, Irvine, CA
• Lomas Valley Park, Irvine, CA
• Los Cerritos Wetlands Oil Consolidation and Restoration Project, Long Beach, CA
• Monarch Park, Irvine, CA
• Orchard Hills Parks, Irvine, CA
• Orchard Hills Trailhead Park, Irvine, CA
• Portola Springs Parks, Irvine, CA
• Resort at the Groves, Irvine, CA
• Ridgeview Park, Irvine, CA
• Summerly Community Park, Lake Elsinore, CA
• Summerly Neighborhood Park, Lake Elsinore, CA
• The Palm Club, Irvine, CA
• Turtle Rock Community Park Pond Renovations, Irvine,
CA
• Woodbury Parks, Irvine, CA

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 9 William Zavrsnick
Electrical Enginee
FBA Engineering
William Zavrsnick has 30 years of experience and has been active in the electrical engineering field since joining FBA in 1985. His experience includes the electrical design of Public Works, Parks and Recreation Facilities. He is particu- larly experienced in the design and development of elec- trical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construc- tion projects and familiar with public bid type projects and construction.

Education
• BS Civil Engineering/Mount Hood College, Oregon
Certifications
• LEED Accredited Professional — LEED AP
• Illuminating Engineering Society — IES
• Institute of Electrical and Electronic Engineers –
IEEE American Institute of Architects — AIA
• Electrical Engineering — Los Angeles County
Relevant Project Experience
• Bommer Canyon Community Park, Irvine, CA
• City Park Improvements, Lake Elsinore, CA
• Civic Lot Multi-Purpose Sports Field,
Santa Monica, CA
• El Dorado Park & Nature Center, Long Beach, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Ford Park Aquatics Facility, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center, Gardena,
CA
• Heroes Park, Lake Forest, CA
• Joe Balderrama Park, Oceanside, CA
• Kraemer Memorial Park, Placentia, CA
• Laguna Hills City Parks, Laguna Hills, CA
• Lake Forest Neighborhood Parks, Lake Forest, CA
• La Placita Parkette, Placentia, CA
• Los Amigos Park, Santa Monica, CA
• Los Serranos Park, Chino Hills, CA
• Marchant Park, San Dimas, CA
• McFadden Park, Placentia, CA
• Murdy Park, Huntington Beach, CA
• Portola Park, Lake Forest, CA
• Portola Springs Park, Irvine, CA
Project Team (continued)
James Lascola
Structural Engineer
Shimaji & Lascola
Jim Lascola has over 25 years of expe -
rience in structural design and engi -
neering. He earned his bachelor's and
master's degrees of civil engineering from California
State University at Long Beach. Jim now holds profes - sional licensure in California, Hawaii, Arizona, Florida, New Mexico, Michigan, as well as many other states.

He is a member of structural associations such as the
the Structural Engineers Associations of Southern Cal - ifornia and Illinois, and the American Institute of Steel Construction.

Education
• M.S. Civil Engineering - California State University, Long Beach, CA
• B.S. Civil Engineering - California State University, Long Beach, CA
Registrations
• Registered Civil Engineer - State of California
• Registered Structural Engineer - State of California
Relevant Project Experience
• Oak Park Cemetery, Claremont, CA
• Arbors Mini Park, Lake Forest, CA
• Alicia Architectural Walls, Mission Viejo, CA
• Santa Maria Cemetery, Santa Maria, CA
• Colonies at San Antonio, Upland, CA
• Olympiad Road Monument, Mission Viejo, CA
• Mission Viejo Family Village, Mission Viejo, CA
• Rancho Cucamonga Central Park MP Update,
Rancho Cucamonga, CA
• Foxfield Park, Westlake Village, CA
• Ladera IV Sterling Glen Models, Ladera Ranch, CA
• Ladera IV Sterling Glen Fence & Wall, Ladera
Ranch, CA

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 10 Project Team (continued)
Matthew Farrington M.SC., PE
Structural Engineer
GMU Geotechnical, Inc.

Matt has over 20 years of experience in the
geotechnical / structural engineering industry. His
structural engineering designs range from MSE Walls,
masonry retaining walls, reinforced concrete retaining
walls, soldier pile walls, soil nail walls, numerous
landscape improvements including two story view
decks, trash enclosures, pond docks, score board
signs, wind loaded ball field fences up to 35 feet tall, monument signs for shopping centers, schools, storm
drain structures, structural design repairs for failing walls, and more.

Matt has worked in the industry with multiple respected geotechnical engineering firms as a field technician on a variety of projects involving grading, slope stabilization, as well as construction of paved parking lots and
roadways.

Education
• M.S. Civil Engineering - California State University, Fullerton, CA
• B.S. Civil Engineering - California State University, Fullerton, CA
Registrations
• Registered Professional Engineer - 90349
Relevant Project Experience
• Cielo Vista, Unincorporated Orange County, CA
• Covenant Hills, Sky Ranch Development, Ladera Ranch,
CA
• Esencia Development, Rancho Mission Viejo, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Large Housing Development, Champions / Oak Valley
Development, Beaumont, CA
• Los Patrones Parkway, Rancho Mission Viejo, CA
• Mission Inn, San Juan Capistrano, CA
• Palmia Homeowners Association, Mission Viejo, CA
• Planning Area 2.3, Rancho Mission Viejo, CA
• Planning Area 2.4 Mixed Use Center, Rancho Mission
Viejo, CA
• Private Residence, Laguna Beach, CA
• Private Residence, San Juan Capistrano, CA
• Sendero Marketplace, Rancho Mission Viejo, CA
• St. Margaret’s Episcopal School, San Juan Capistrano, CA
Sonny Sim, PE
Aquatic Engineering
Aquatic Studio Inc.

Former principal and partner for over 20 years in a
water resource consulting engineering firm, Sonny
Sim developed many of the standards used for the
company’s water feature designs prior to starting
Aquatic Studio Inc. in 2020. He led the creation of the tools that streamlined their design process resulting in hundreds of successful projects throughout the world.

His experience is varied from stormwater management,
storm water quality, water treatment, wastewater
treatment to lake, stream, pool, and water feature
designs. Mr. Sim worked on wastewater treatment
plant design prior to focusing on recreational water
projects. After taking on the role as the principal for their recreational water division, he expanded their
project offerings to include the design of aquatic
facilities working on large high-profile projects including the Disneyland Hotel courtyard renovation project.

Sonny’s designs earned recognition from the Los
Angeles Regional Water Quality Control Board for
innovation and sustainable design. Mr. Sim has the
subject matter expertise in all forms of water features including multi purpose facilities that are used for
treatment, sustainable, functional, and beautiful.

Education
• BS - Civil Engineering/California State University, Long Beach, 1995
Registrations
• State of California Civil Engineer/59816
• Registered Aquatic Facility Operator
Relevant Project Experience
• Sofi Stadium Lake, Inglewood, CA
• Duck Pond, City of Long Beach, CA
• Earvin Magic Johnson Park Lake, Willowbrook, CA
• Mile Square Park Golf Lake Renovation, Fountain Valley, CA
• Wilderness Park Lake, Downey, CA
• Cache Creek Golf Course Lakes (Brooks, CA)
• El Dorado Duck Pond Renovation (Long Beach, CA)
• George Page Museum Stream (Los Angeles, CA)
• Los Angeles Natural History Museum Pond (Los
Angeles, CA)
• San Lorenzo Park Lake (San Lorenzo, CA)
• Terranea Golf Course Lakes (Rancho Palos Verdes, CA)
• Aquarium of the Pacific Wave Fountain Restoration
(Long Beach, CA)

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 11 Erica Carvalho
Design Principal
Asulon Architecture & Design
Erica brings 15+ years of
international design and place-making expertise to
Asulon, including experience in North America, Asia,
and the Middle East. For the past 8 years, she
has focused on California projects, ranging from
public works (community and homeless service
centers, community planning) to a variety of
housing and mixed-use developments (multi-family,
transitoriented, affordable), as well as commercial and retail projects. As a Design Principal, Erica’s passion lies in working with clients and community members
to bring their visions to life, creating spaces
that are both functional and inspiring.

Education
• Master of Architecture, University of Detroit Mercy
Relevant Project Experience
• Fontana Foothill Apartments, Fontana, CA
• Gardena Aquatics & Senior Center, Gardena, CA
• Pinehurst Communit Center, Chino Hills, CA
• Temecula Aquatic & Community Center, Temecula, CA
• The Whole Child Headquarters, Downey, CA
• West Pico Apartments, Los Angeles, CA
Project Team (continued)

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 12 Hours Matrix
City of Buena Park
John Beat Park / Carl Brenner Park
(each park requires same labor hours as listed below)
Principal
Associate
Landscape
Architect
Project
Manager Job Captain Admin.

Task A Review City-provided documentation 1 0 6 0 4
Task B Visual Investigation 1 1 8 8 0
Task C Compilation of amenities and provide site analysis 1 1 2 8 0 Task D Project Kickoff Meeting / Site Inventory Meeting 1 0 1 0 0 Task E Revise visual investigation / site analysis 0 0 2 4 0 Task A Prepare digital materials, (advertisement and exhibits) for community workshops 3 4 12 21 0
Task B Launch website for community workshop 1 0 1 4 0
Task C Prepare for and attend two community workshops 13 13 13 13 0 Task D Compile outreach information into report 2 0 4 6 0 Task E Meet with the City virtually to review findings 1 0 1 0 0 Task A Prepare (1) preliminary design and cost estimate 13 4 28 30 0 Task B Present first draft of conceptual plan / estimate to City 2 0 2 2 0 Task C Update conceptual plan and estimates based on feedback 8 8 9 9 0 Task D Prepare 3D models 4 0 16 30 0
Task E Present updated concept and renders to City virtually 2 0 2 0 0 Task F Prepare for City Council presentation 1 0 8 0 0
Task G Attend City Council meeting 4 0 4 0 0
COMBINED PHASE FEE TOTAL 58 31 119 135 4
The above hourly fee breakdown consists of ESTIMATES ONLY.

PHASE 3 - Preliminary Design
PHASE 2A - Community Outreach & Community Needs Assessment PHASE 1 - Project Familiarization

LEAD CONSULTANT
Task Description
RJM Design Group

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 13 Hours Matrix (continued)
City of Buena Park
District 2 Pocket Park
Wilson
Mikami FBA Water
Concern GMU Shimaji
Lascola
Principal
Associate
Landscape
Architect
Project
Manager Job Captain Admin. Civil
Engineer
Electrical
Engineer
Irrigation
Design
Geotechnical
Engineer
Structural
Engineer
Task A Review City-provided documentation 1 0 6 0 4
Task B Visual Investigation 1 1 8 8 0
Task C Compilation of amenities and provide site analysis 1 1 2 8 0 Task D Project kickoff meeting / site inventory meeting 1 0 1 0 0 Task E Revise visual investigation / site analysis 0 0 2 4 0 Task F Provide aerial topography and field survey 0 2 0 0 0 36 Task G Provide geotechnical report 0 1 0 0 0 76
Task A Prepare digital materials for community workshops 3 4 12 21 0 Task B Launch website for community workshop 1 0 1 4 0
Task C Prepare preliminary conceptual design 2 9 18 9 0 Task D Review preliminary conceptual design virtually with City 2 0 2 0 0 Task F Prepare for and attend one community workshop 6 6 6 6 0 Task G Refine preliminary conceptual design based on feedback 2 0 4 8 0 Task H Compile outreach information into report and meet with City 3 0 5 6 0 Task I / J Prepare for and attend City Council meeting 4 0 4 0 0 Task A Creation of 30% CD set and cost estimate 2 2 12 12 0 Task B Creation of 60% CD set and cost estimate 2 2 12 28 0 Task C Creation of 90% CD set and cost estimate 2 2 12 30 0 Task D Prepare for and attend virtual review meeting with City 2 0 2 0 0 Task E Creation of specifications 4 2 12 0 0
Task F Submit to plan check 0 0 2 0 0
Task G Pick up plan check comments (max 2 rounds) 0 0 0 16 0 Task H Prepare for and attend virtual review meeting with City 2 0 2 0 0 Task I Creation of 100% PSE package and submit to City 0 0 18 0 0 69 35 35 13 Task A Respond to bidding RFIs (Max 10) 0 10 0 0 0 2
Task B Respond to construction RFIs (Max 10) 0 10 0 0 0 18 Task C Respond to construction submittals (Max 10) 0 12 0 0 0 Task D Attend monthly site visits (assumed 6) 0 9 0 0 0 5 Task E Attend final punch walk / prepare final punch walk report 4 6 0 0 0 Task F Compile record drawings 0 0 0 9 0 5
COMBINED PHASE FEE TOTAL 45 79 143 169 4 106 40 60 76 13 PHASE 4 - Construction Documents
PHASE 2B - Preliminary Design & Community Outreach
PHASE 1 - Project Familiarization

LEAD CONSULTANT SUB-CONSULTANTS
Task Description
RJM Design Group
PHASE 5 - Bidding & Construction Administration
The above hourly fee breakdown consists of ESTIMATES ONLY.

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 14 References
RJM Design Group, Inc. offers its clients personalized service that is delivered on time and within budget. The principals of RJM maintain personal involvement in all aspects of the project. Our success is based on our ability to perform, meeting the needs of the client and the project.

Please feel free to contact all our references as we are sure they will share their success stories of projects we have helped them accomplish.

Chris Slama
Director of Community & Library Services

CITY OF IRIVINE
1 Civic Center Plaza
Irvine, CA 92606
(949) 724-6692 | [email protected]
Years RJM has worked with contact: 10
Services Provided:

Plan Check, On-Call Landscape
Architecture Services,
Conceptual Design, Design
Development, Construction
Documents, Construction
Administration
Jerry Hill
Assistant City Manager

CITY OF MISSION VIEJO
200 Civic Center
Mission Viejo, CA 92691
(949) 470-3085 | [email protected]
Years RJM has worked with contact: 31
Services Provided:

Plan Check, On-Call Landscape
Architecture Services,
Conceptual Design, Design
Development, Construction
Documents, Construction
Administration
Ashley Wysocki
Director of Community & Library Services

CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
(714) 374-5302 | [email protected]
Years RJM has worked with contact: 13
Services Provided:

Plan Check, On-Call Landscape
Architecture Services,
Conceptual Design, Design
Development, Construction
Documents, Construction
Administration
Jonathan Marshall
Community Services Director

CITY OF CHINO HILLS
14000 City Center Drive
Chino Hills, CA 91709
(909) 364-2600 | [email protected]
Years RJM has worked with contact: 23
Services Provided:

Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Jennifer Taylor
Senior Project Manager

RANCHO MISSION VIEJO
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363 | [email protected]
Years RJM has worked with contact: 9
Services Provided:

Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Jim Box
Director of Community Services

CITY OF BUENA PARK
6688 Beach Blvd.

Buena Park, CA 90621
(714) 562-3860 | [email protected]
Years RJM has worked with contact: 3
Services Provided:

Parks and Recreation Master
Plan (2023)
Friendship Park Conceptual
Design Services (2025)

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 15 Project Summary
Friendship Park is a 6.5-acre neighborhood park located in the heart of Koreatown, Buena Park.

RJM was brought in to lead a series of community outreach meetings, gathering valuable input from local residents to shape the vision for future improvements. Based on this feedback, RJM developed a conceptual design that reflects the community’s priorities and celebrates the park’s role as a vibrant gathering space.

Proposed enhancements include a larger, modernized playground with shade coverings and resilient surfacing, dynamic exercise equipment, an expanded walking loop, pickleball courts, and a basketball half-court. The plan also introduces a dedicated dog run, a multicultural picnic shelter that honors Buena Park’s diverse heritage, and upgraded lighting and security features to ensure the park remains welcoming and safe for all. Together, these improvements aim to strengthen the park’s identity as a community hub that fosters health, recreation, and cultural connection.

Project Completed: 2025
Project Size: 6.5 acres
Design Cost: $92,475
Construction Cost: N/A
Client Reference
Hysun Lee
Assistant Engineer
City of Buena Park
(714) 562-3691 | [email protected]
Friendship Park Conceptual Design
Buena Park, CA
References
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 16 Project Summary
Crawford Canyon Park is a 2.5-acre neighborhood park located in North Tustin. The park is a joint project between OC Public Works and OC Parks, embraces a “Back to Nature” concept, blending natural materials with sustainable design. The park features nature-themed playgrounds for ages 2-5 and 5-12, including natural wood play equipment, resilient surfacing embankments with handholds, concrete embankment slide, and natural sand play areas. Other amenities include a quarter-mile walking path, wood fitness stations, picnic tables along a DG walkway, and a large “Great Lawn” for open recreation. Landscaping will focus on California native, low-water-use plants, bio-retention basins, vegetated swales, and repurposed natural boulders.

The park enhances accessibility with a sidewalk extension along Crawford Canyon Road, a connection to Newport Avenue, and improved infrastructure such as a parking lot with 11 spaces, a roundabout, pedestrian lighting, and fencing. Additional features include a deceleration lane, DG maintenance road, drinking fountain, and wood site furnishings, creating a welcoming and sustainable community space for recreation and relaxation.

Crawford Canyon Park
Tustin, CA
Project Completed: In Progress
Project Size: 2.5 acres
Design Cost: $175,000
Construction Cost: $3M
Client Reference
Clayton Whisenant, Program Manager
Jeaniene Casiello, Planning & Design Manager
OC Parks Planning & Design
(949) 923-3762 | [email protected]
(949) 923-3759 | [email protected]
References

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 17 Project Summary
Originally known as City Park in the 1920s and renamed after General Douglas MacArthur in 1942, this 3.66-acre park has long been a community favorite. Now fully revitalized, it features an expanded inclusive playground, fitness zones, Ninja Warrior-style equipment, upgraded basketball courts, new walking paths, and a refreshed cultural arts building. Additional improvements include shaded picnic structures inspired by Cambodian and Southeast Asian design, a walking loop with exercise stations, modernized lighting and fencing, and restored green spaces with upgraded irrigation.

With deep local roots and modern amenities shaped by community input, MacArthur Park blends heritage and innovation to serve as both a cultural landmark and a vital recreational hub. As part of Long Beach’s Elevate ’28 Infrastructure Investment Plan, the project not only honors the park’s history but also enhances access, safety, and community pride in anticipation of the 2028 Summer Olympics. MacArthur Park is ready for the next generation of memories—come experience the transformation.

Project Completed: 2025
Project Size: 3.66 acres
Design Cost: $455,632
Construction Cost: $6.4M
Client Reference
Tina Cheng
Capital Projects Coordinator
City of Long Beach
(562) 570-6975 | [email protected]
MacArthur Park
Long Beach, CA
References
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 18 Project Summary
In an effort to provide more recreational amenities to the neighborhoods surrounding the northern portion of the Great Park known as the Bosque, the City of Irvine envisioned an adventure-styled playground oasis nestled within this naturalized landscape setting. Designed to inspire exploration, discovery, and active play, this spectacular playground includes a double zipline, hillside slides and climbers, a balance course for tots, challenging nest climbers for school-age children, multi-user spinners, and a wide variety of swings for all ages. The play area is uniquely situated across two terraces, creating opportunities for families to spread out, explore, and “whoosh” down the 10-foot-high embankment slides that connect the upper and lower levels.

Beyond its adventurous features, the playground is thoughtfully integrated into the surrounding Bosque. Lush shade tree plantings and conversational seating areas provide comfortable spots for rest, socializing, and family gatherings, while open sightlines ensure safety and visibility throughout the space. The design celebrates the natural topography and character of the park, transforming it into a vibrant recreational destination where kids and adults alike can play, relax, and connect with nature.

Project Completed: Anticipated 2026
Project Size: 0.94 acres
Design Cost: $157,000
Construction Cost: $2.6M
Client Reference
Chris Slama
Director of Community & Library Services
City of Irvine
(949) 724-6692 | [email protected]
Great Park Bosque Playground
Irvine, CA
References

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 19 Project Summary
The City of Chino Hills worked hand-in-hand with Avalon Bay Communities to develop a neighborhood park that serviced the new condominium complex being constructed as well as the adjacent single family neighborhoods that surrounded the area. The 14 acre site allowed for large swaths of turf for multi-use recreation, full-court basketball for tournaments, and walking paths that circled around the site providing visitors with a 1/2 mile loop. Anchoring the park was the arched, open air trellis structure, flanked on either end by a large picnic shelter that provided party rental opportunities and a restroom building on the opposite end. The 6,300 square foot play area was surfaced with resilient rubber matting making it completely accessible. Conversational seating areas for parents were tucked into the area to make them part of the play experience.

Building on the success of Pinehurst Park, RJM Design Group was invited by the City of Chino Hills in 2024 to expand the park’s amenities with an exciting new Splash Zone. Spanning 161,000 square feet, this dynamic addition will feature a state-of-the-art community center, two building patios, a 1,400-square-foot splash pad soak zone, and a 2,300-square-foot water exploration play area. The project also includes a formal parking lot with lighting and wayfinding signage, as well as an overflow parking area to enhance accessibility.

Project Completed: 2017 (Park)
2027 (Splash Pad)
Project Size: 13 acres
Design Cost: $243,000
Construction Cost: $3.9 M
Client Reference
Jonathan Marshall
Community Services Director
City of Chino Hills
(909) 364-2711 | [email protected]
Pinehurst Park
Chino Hills, CA
References
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 20 Schedule
CITY of BUENA PARK
John Beat and Carl Brenner Park
PHASE 1: PROJECT FAMILIARIZATION
A. Review of City-provided documentation
B. Visual investigation
C. Compiliation of amenities / provide site analysis
D. Project Kickoff Meeting / Site Inventory Meeting
E. Revise visual investigation / site analysis and submit to City
F. City review period
PHASE 2A: COMMUNITY OUTREACH & COMMUNITY NEEDS ASSESSMENT A. Prepare digital materials for community workshops
B. Launch website for community workshop
C. (4) Community Workshops (2 ea) held at Park Sites
D. Compile outreach information into report
E. Meet with city virtually to review findings
A. (2) Preliminary designs and estimates - one per park B. Present first draft of conceptual plan / estimate to City C. Update conceptual plan / estimate based on feedback
D. 3D models of both parks
E. Present updated concepts and renders to City virtually F. Prepare for City Council presentation
G. Attend City Council meeting
Meetings or submittal to City of Buena Park
PHASE 3: PRELIMINARY DESIGN

OCT NOV DEC JAN FEB
CITY of BUENA PARK
District 2 Pocket Park
PHASE 1: PROJECT FAMILIARIZATION
A. Review of City-provided documentation
B. Visual investigation
C. Compiliation of amenities / provide site analysis
D. Project Kickoff Meeting / Site Inventory Meeting
E. Revise visual investigation / site analysis
F. City review period
G. Provide aerial topographic / field survey
PHASE 2B: PRELIMINARY DESIGN & COMMUNITY OUTREACH
A. Prepare materials for community workshop
B. Launch website for community workshop
C. Prepare preliminary conceptual design
D. Review preliminary conceptual design
F. (1) Community Workshop
G. Refine preliminary conceptual design based on feedback H. Compile report and present to City
I. Prepare for City Council presentation
J. Attend City Council meeting
A. Prepare 60% PS&E Plans and submit to City
B. Prepare 90% PS&E Plans and submit to City
C. Plan check review period / create 100% bid set
A. Bidding and Construction Administration Services
Meetings or submittal to City of Buena Park
PHASE 5: BIDDING & CONSTRUCTION ADMINISTRATION

MAR APR
PHASE 4: CONSTRUCTION DOCUMENTS

OCT NOV DEC JAN FEB
City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 21 Contract Exceptions
Subconsultants
RJM Design Group, Inc. confirms that Subconsultants have been identified in the scope of work together with the services performed. Futhermore, Subconsultant tasks have been identified in the breakdown of estimated hours and associated costs per task have been identified in the included Fee Matrix. RJM Design Group acknowledges that Subconsultants shall be directed and compensated by Consultant.

SSTTAATTEEMMEENNTT OOFF CCOOMMPPLLIIAANNCCEE

RRJJMM DDEESSIIGGNN GGRROOUUPP,, IINNCC.. has established a reputation of integrity and professionalism within the landscape architecture industry. Our due diligence in performing client services begins with our proposal preparation, contract review and negotiation, and carries through to project completion.

We have reviewed the Draft Professional Services Agreement for the John Beat Park/Carl Brenner Park (Concept) and District 2 Pocket Park (Concept & Design) Improvements project with the City of Buena Park. As part of this review, we identify items which may not conform to the terms of our insurance coverage and/or to California Civil Code section 2782.8 which regulates contracts between public agencies and design professionals. Upon selection for this project, we would like to discuss the following reques ted changes pertaining to the Agreement in order to arrive at mutually agreeable terms . All suggested additions and/or deletions to the contract language are in bblluuee.

PPaaggee 44 -- AArrttiiccllee 1100.. IINNDDEEMMNNIIFFIICCAATTIIOONN AANNDD HHOOLLDD HHAARRMMLLEESSSS..,, SSeeccttiioonn 1100..11 PPuurrppoossee ooff SSeeccttiioonn.. ((lliinnee 44))::
… fees, lawsuit, cost, expense, rreeaassoonnaabbllee attorneys’ fees, litigation costs, defense costs, court costs or any …

PPaaggee 44 -- AArrttiiccllee 1100.. IINNDDEEMMNNIIFFIICCAATTIIOONN AANNDD HHOOLLDD HHAARRMMLLEESSSS..,, SSeeccttiioonn 1100..22 IInnddeemmnniiffiiccaattiioonn ffoorr DDeessiiggnn SSeerrvviicceess ((iiff aapppplliiccaabbllee)).. ((lliinnee 88))::
… ssoollee negligence, active negligence, or intentional misconduct of CITY.

PPaaggee 55 -- AArrttiiccllee 1100.. IINNDDEEMMNNIIFFIICCAATTIIOONN AANNDD HHOOLLDD HHAARRMMLLEESSSS..,, SSeeccttiioonn 1100..33 IInnddeemmnniiffiiccaattiioonn ffoorr SSeerrvviicceess.. ((lliinneess 33--44))::
… any Claims with counsel rreeaassoonnaabbllyy aapppprroovveedd bbyy CCIITTYY of CITY’s choice, and shall pay all costs and expenses, including all rreeaassoonnaabbllee attorneys’ fees and experts’ costs actually incurred in connection with such defense. …

PPaaggee 77 -- AArrttiiccllee 1111.. IINNSSUURRAANNCCEE..,, SSeeccttiioonn 1111..55 RReeqquuiirreedd EEnnddoorrsseemmeennttss.. PPaarraaggrraapphh ..33,, ((lliinnee 22))::
… modification or lapse without thirty (30) calendar days’ prior written notice from insurer to CITY, oorr tteenn ((1100)) ddaayyss’’ nnoottiiccee iiff dduuee ttoo nnoonn--ppaayymmeenntt ooff pprreemmiiuumm.. ……

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… Agreement have been renewed or replaced with other policies providing ccoovveerraaggee tthhaatt ccoommpplliieess wwiitthh tthhiiss SSeeccttiioonn 1111 aatt lleeaasstt tthhee ssaammee ccoovveerraaggee.. CCOONNSSUULLTTAANNTT sshhaallll ffuurrnniisshh ssuucchh pprrooooff ttoo CCIITTYY pprriioorr ttoo tthhee eexxppiirraattiioonn ooff tthhee oorriiggiinnaall ……

PPaaggee 88 -- AArrttiiccllee 1122.. WWOORRKK PPRROODDUUCCTT..,, SSeeccttiioonn 1122..22 OOwwnneerrsshhiipp.. PPaarraaggrraapphh ..11,, ((lliinnee 88))::
… by CITY upon final payment being made. HHoowweevveerr,, aannyy uussee,, rree--uussee,, oorr mmooddiiffiiccaattiioonn ooff ssaaiidd WWoorrkk PPrroodduucctt ffoorr aannyy ppuurrppoossee ootthheerr tthhaann tthhaatt iinntteennddeedd bbyy tthhiiss AAggrreeeemmeenntt sshhaallll bbee aatt CCIITTYY’’ss ssoollee rriisskk.. CCOONNSSUULLTTAANNTT sshhaallll nnoott oobbttaaiinn oorr aatttteemmpptt ttoo oobbttaaiinn ……

City of Buena Park • John Beat, Carl Brenner, & District 2 Parks Improvements Project | 22 RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone

PAGE 16 OF 19

EXHIBIT A-2

[Consultant’s Design Budget dated September 18, 2025, behind this page]

O-
at" " " : I; i 'l
' 0
am
=-=-. k-
1=.4#"
Design Budget
City of Buena Park
John Beat Park
Wilson
Mikami FBA Water
Concern GMU Shimaji
Lascola
Civil
Engineer
Electrical
Engineer
Irrigation
Design
Geotechnical
Engineer
Structural
Engineer
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Fees Fees Fees Fees Fees Task A Review City-provided documentation 1 $220 0 $0 6 $1,080 0 $0 4 $420 Task B Visual Investigation 1 $220 1 $195 8 $1,440 8 $1,320 0 $0 Task C Compilation of amenities and provide site analysis 1 $220 1 $195 2 $360 8 $1,320 0 $0 Task D Project kickoff meeting / site inventory meeting 1 $220 0 $0 1 $180 0 $0 0 $0 Task E Revise visual investigation / site analysis 0 $0 0 $0 2 $360 4 $660 0 $0 PHASE 1 - SUBTOTALS 4 $880 2 $390 19 $3,420 20 $3,300 4 $420 $0 $0 $0 $0 $0 PHASE 1 - TOTAL FEES $8,410
Task A Prepare digital materials, (advertisement and exhibits) for community workshops 3 $660 4 $780 12 $2,160 21 $3,465 0 $0 Task B Launch website for community workshop 1 $220 0 $0 1 $180 4 $660 0 $0 Task C Prepare for and attend two community workshops 13 $2,860 13 $2,535 13 $2,340 13 $2,145 0 $0 Task D Compile outreach information into report 2 $440 0 $0 4 $720 6 $990 0 $0 Task E Meet with the City virtually to review findings 1 $220 0 $0 1 $180 0 $0 0 $0 PHASE 2A - SUBTOTALS 20 $4,400 17 $3,315 31 $5,580 44 $7,260 0 $0 $0 $0 $0 $0 $0 PHASE 2A - TOTAL FEES $20,555
Task A Prepare (1) preliminary design and cost estimate 13 $2,860 4 $780 28 $5,040 30 $4,950 0 $0 Task B Present first draft of conceptual plan / estimate to City 2 $440 0 $0 2 $360 2 $330 0 $0 Task C Update conceptual plan and estimates based on feedback 8 $1,760 8 $1,560 9 $1,620 9 $1,485 0 $0 Task D Prepare 3D models 4 $880 0 $0 16 $2,880 30 $4,950 0 $0 Task E Present updated concept and renderings to City virtually 2 $440 0 $0 2 $360 0 $0 0 $0 Task F Prepare for City Council presentation 1 $220 0 $0 8 $1,440 0 $0 0 $0 Task G Attend City Council meeting 4 $880 0 $0 4 $720 0 $0 0 $0 PHASE 3 - SUBTOTALS 34 $7,480 12 $2,340 69 $12,420 71 $11,715 0 $0 $0 $0 $0 $0 $0 PHASE 3 - TOTAL FEES $33,955
COMBINED PHASE FEE TOTAL $0 $0 $0 $0 $0 $62,920

PHASE FEE
TOTALS
PHASE 2A - Community Outreach & Community Needs Assessment

SUB-CONSULTANTS
Principal Associate Landscape
Architect
PHASE 1 - Project Familiarization
$0
$0
PHASE 3 - Preliminary Design
$33,955 $0
$62,920
$62,920
The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee.

LEAD CONSULTANT
RJM Design Group
$220 $195 $180 $165 $105
Project Manager Designer/Job Captain Admin.

Task Description

FEE GRAND TOTAL
$8,410
$20,555

Design Budget
City of Buena Park
Carl Brenner Park
Wilson
Mikami FBA Water
Concern GMU Shimaji
Lascola
Civil
Engineer
Electrical
Engineer
Irrigation
Design
Geotechnical
Engineer
Structural
Engineer
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Fees Fees Fees Fees Fees Task A Review City-provided documentation 1 $220 0 $0 6 $1,080 0 $0 4 $420 Task B Visual Investigation 1 $220 1 $195 8 $1,440 8 $1,320 0 $0 Task C Compilation of amenities and provide site analysis 1 $220 1 $195 2 $360 8 $1,320 0 $0 Task D Project kickoff meeting / site inventory meeting 1 $220 0 $0 1 $180 0 $0 0 $0 Task E Revise visual investigation / site analysis 0 $0 0 $0 2 $360 4 $660 0 $0 PHASE 1 - SUBTOTALS 4 $880 2 $390 19 $3,420 20 $3,300 4 $420 $0 $0 $0 $0 $0 PHASE 1 - TOTAL FEES $8,410
Task A Prepare digital materials for community workshops 3 $660 4 $780 12 $2,160 21 $3,465 0 $0 Task B Launch website for community workshop 1 $220 0 $0 1 $180 4 $660 0 $0 Task C Prepare for and attend two community workshops 13 $2,860 13 $2,535 13 $2,340 13 $2,145 0 $0 Task D Compile outreach information into report 2 $440 0 $0 4 $720 6 $990 0 $0 Task E Meet with the City virtually to review findings 1 $220 0 $0 1 $180 0 $0 0 $0 PHASE 2A - SUBTOTALS 20 $4,400 17 $3,315 31 $5,580 44 $7,260 0 $0 $0 $0 $0 $0 $0 PHASE 2A - TOTAL FEES $20,555
Task A Prepare (1) preliminary design and cost estimate 13 $2,860 4 $780 28 $5,040 30 $4,950 0 $0 Task B Present first draft of conceptual plan / estimate to City 2 $440 0 $0 2 $360 2 $330 0 $0 Task C Update conceptual plan and estimates based on feedback 8 $1,760 8 $1,560 9 $1,620 9 $1,485 0 $0 Task D Prepare 3D models 4 $880 0 $0 16 $2,880 30 $4,950 0 $0 Task E Present updated concept and renderings to City virtually 2 $440 0 $0 2 $360 0 $0 0 $0 Task F Prepare for City Council presentation 1 $220 0 $0 8 $1,440 0 $0 0 $0 Task G Attend City Council meeting 4 $880 0 $0 4 $720 0 $0 0 $0 PHASE 3 - SUBTOTALS 34 $7,480 12 $2,340 69 $12,420 71 $11,715 0 $0 $0 $0 $0 $0 $0 PHASE 3 - TOTAL FEES $33,955
COMBINED PHASE FEE TOTAL $0 $0 $0 $0 $0 $62,920

LEAD CONSULTANT SUB-CONSULTANTS

PHASE FEE
TOTALS
Task Description
RJM Design Group
Principal Associate Landscape
Architect Project Manager Designer/Job Captain Admin.
$220 $195 $180 $165 $105
PHASE 1 - Project Familiarization
$8,410 $0
PHASE 2A - Community Outreach & Community Needs Assessment $20,555 $0
PHASE 3 - Preliminary Design
$33,955 $0
$62,920
FEE GRAND TOTAL $62,920
The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee.

Design Budget
City of Buena Park
District 2 Pocket Park
Wilson
Mikami FBA Water
Concern GMU Shimaji
Lascola
Civil
Engineer
Electrical
Engineer
Irrigation
Design
Geotechnical
Engineer
Structural
Engineer
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Fees Fees Fees Fees Fees Task A Review City-provided documentation 1 $220 0 $0 6 $1,080 0 $0 4 $420 Task B Visual Investigation 1 $220 1 $195 8 $1,440 8 $1,320 0 $0 Task C Compilation of amenities and provide site analysis 1 $220 1 $195 2 $360 8 $1,320 0 $0 Task D Project kickoff meeting / site inventory meeting 1 $220 0 $0 1 $180 0 $0 0 $0 Task E Revise visual investigation / site analysis 0 $0 0 $0 2 $360 4 $660 0 $0 Task F Provide aerial topography and field survey 0 $0 2 $390 0 $0 0 $0 0 $0 $11,115 Task G Provide geotechnical report 0 $0 1 $195 0 $0 0 $0 0 $0 $22,555 PHASE 1 - SUBTOTALS 4 $880 5 $975 19 $3,420 20 $3,300 4 $420 $11,115 $0 $0 $22,555 $0 PHASE 1 - TOTAL FEES $42,665
Task A Prepare digital materials for community workshops 3 $660 4 $780 12 $2,160 21 $3,465 0 $0 Task B Launch website for community workshop 1 $220 0 $0 1 $180 4 $660 0 $0 Task C Prepare preliminary conceptual design 2 $440 9 $1,755 18 $3,240 9 $1,485 0 $0 Task D Review preliminary conceptual design virtually with City 2 $440 0 $0 2 $360 0 $0 0 $0 Task F Prepare for and attend one community workshop 6 $1,320 6 $1,170 6 $1,080 6 $990 0 $0 Task G Refine preliminary conceptual design based on feedback 2 $440 0 $0 4 $720 8 $1,320 0 $0 Task H Compile outreach information into report and meet with City 3 $660 0 $0 5 $900 6 $990 0 $0 Task I / J Prepare for and attend City Council meeting 4 $880 0 $0 4 $720 0 $0 0 $0 PHASE 2B - SUBTOTALS 23 $5,060 19 $3,705 52 $9,360 54 $8,910 0 $0 $0 $0 $0 $0 $0 PHASE 2B - TOTAL FEES $27,035
Task A Creation of 30% CD set and cost estimate 2 $440 2 $390 12 $2,160 12 $1,980 0 $0 Task B Creation of 60% CD set and cost estimate 2 $440 2 $390 12 $2,160 28 $4,620 0 $0 Task C Creation of 90% CD set and cost estimate 2 $440 2 $390 12 $2,160 30 $4,950 0 $0 Task D Prepare for and attend virtual review meeting with City 2 $440 0 $0 2 $360 0 $0 0 $0 Task E Creation of specifications 4 $880 2 $390 12 $2,160 0 $0 0 $0 Task F Submit to plan check 0 $0 0 $0 2 $360 0 $0 0 $0
Task G Pick up plan check comments (max 2 rounds) 0 $0 0 $0 0 $0 16 $2,640 0 $0 Task H Prepare for and attend virtual review meeting with City 2 $440 0 $0 2 $360 0 $0 0 $0 Task I Creation of 100% PSE package and submit to City 0 $0 0 $0 18 $3,240 0 $0 0 $0 $21,160 $8,685 $5,175 $3,450 PHASE 4 - SUBTOTALS 14 $3,080 8 $1,560 72 $12,960 86 $14,190 0 $0 $21,160 $8,685 $5,175 $0 $3,450 PHASE 4 - TOTAL FEES $70,260
Task A Respond to bidding RFIs (Max 10) 0 $0 10 $1,950 0 $0 0 $0 0 $0 $345 Task B Respond to construction RFIs (Max 10) 0 $0 10 $1,950 0 $0 0 $0 0 $0 $2,760 Task C Respond to construction submittals (Max 10) 0 $0 12 $2,340 0 $0 0 $0 0 $0 Task D Attend monthly site visits (assumed 6) 0 $0 9 $1,755 0 $0 0 $0 0 $0 $1,325 Task E Attend final punch walk / prepare final punch walk report 4 $880 6 $1,170 0 $0 0 $0 0 $0 Task F Compile record drawings 0 $0 0 $0 0 $0 9 $1,485 0 $0 $690 PHASE 5 - SUBTOTALS 4 $880 47 $9,165 0 $0 9 $1,485 0 $0 $0 $1,325 $3,795 $0 $0 PHASE 5 - TOTAL FEES $16,650
COMBINED PHASE FEE TOTAL $32,275 $10,010 $8,970 $22,555 $3,450 $156,610

LEAD CONSULTANT SUB-CONSULTANTS

PHASE FEE
TOTALS
Task Description
RJM Design Group
Principal Associate Landscape
Architect Project Manager Designer/Job Captain Admin.
$220 $195 $180 $165 $105
PHASE 1 - Project Familiarization
$8,995 $33,670
PHASE 2B - Preliminary Design & Community Outreach
$27,035 $0
PHASE 4 - Construction Documents
$31,790 $38,470
$79,350
FEE GRAND TOTAL $156,610
The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee. $11,530 $5,120
PHASE 5 - Bidding & Construction Administration

Design Budget (continued)
It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the John Beat Park, Carl Brenner Park, and the District 2 Pocket Park Improvements Project in Buena Park. The fees below include all costs to be incurred by RJM Design Group, Inc. and an allowance for reimbursable expenses.

JOHN BEAT PARK
PHASE 1 — Project Familiarization $8,410
PHASE 2A — Community Outreach & Community Needs Assessment $20,555 PHASE 3 — Preliminary Design $33,955
TOTAL FEE*: $62,920
*Note: This fee summary represents our current understanding of the project scope and complexity. The scope of work and associated fees are subject to refinement per the City's request.

REIMBURSABLE EXPENSES (Estimated Allowance of $10,000)
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
• Earthwork scans to determine cut/fill quantities
DISTRICT 2 POCKET PARK
PHASE 1 — Project Familiarization $42,665
PHASE 2B — Preliminary Design & Community Outreach $27,035 PHASE 4 — Construction Documents $70,260
PHASE 5 — Bidding & Construction Administration $16,650 TOTAL FEE*: $156,610

CARL BRENNER PARK
PHASE 1 — Project Familiarization $8,410
PHASE 2A — Community Outreach & Community Needs Assessment $20,555 PHASE 3 — Preliminary Design $33,955
TOTAL FEE*: $62,920
COMBINED FEE — ALL (3) PARKS
John Beat Park $62,920
Carl Brenner Park $62,920
District 2 Pocket Park $156,610
TOTAL FEE*: $282,450
Design Budget (continued)

ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client’s request, reimbursable at Consultant’s standard hourly rates. Additional services may include, but are not limited to:
• Additional meetings, presentations, or site visits beyond those identified in the scope of work.
• Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client’s direction; changes subsequent to Client’s approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated project site, or due to changes in project phasing schedule.
• Specialized billing or accounting forms, invoices, spreadsheets. • Engagement of other consultants not specifically identified below. • CEQA documentation beyond the IS (Initial Study)
• It is assumed that a water source will be available on site at the District 2 Pocket Park for infiltration testing. If a water source is not available, provision of a water source for infiltration testing will be billed on a time and materials basis.

ASSUMPTIONS:
• TOPOGRAPHY: A 20-scale aerial topographic map shall be provided and tied to a County/ City benchmark & survey boundary control points as available. The site boundary will be plotted if adequate record maps and/or a Legal Description can be found or provided prior to commencing the Aerial Survey. Existing easements will be plotted if a Title Report is provided with backup documentation. Team will provide field survey, as required, to pick up critical elements for design.
• BASE MAP: This proposal includes the preparation of a Base Map with the survey information, existing sewer, water and storm drain lines plotted thereon as shown on either the available research or provided drawings. Team can include existing dry utility locations (gas, electric, telephone, cable, etc.) if we are provided the drawings and/or locations. • STREET PLANS: This proposal assumes off-site public street plans are not required. Grading adjacent to the street will be shown on Grading Plan.
• STORM DRAIN: This proposal assumes project drain inlets/outlets to be shown in plan view only (for lines under 18-inches in diameter). Preparation of Storm Drain Plans with Special Structures to disperse concentrated runoff from watersheds outside the project area is additional work.
• HYDROLOGY: This proposal includes on-site Hydrology as directly impacted by the proposed improvements and excludes any studies of off-site Hydrology. This proposal excludes any retention/detention basins and/or design/build pump systems to retain initial storm runoff to provide flood mitigation. This proposal excludes design that is required by current NPDES regulations for LID/Hydromodification.
• SWPPP: This proposal assumes that the area of disturbed land will be under 1.0 acre, thus exempting the project from NPDES/NOI requirements. Team can prepare a project specific SWPPP and assist the owner (LRP) with the NOI and WDID filing with the State as an Additional Service, if required.
• WQMP/STORM WATER BMPs: This proposal assumes that the project will be a non-priority project and a WQMP will be not required.
• SEWER: This proposal assumes no new sewer connection is required. • WATER: This proposal assumes no new water connection is required. • Proposal excludes bid alternates and phasing modifications. Proposal assumes one set of Construction Documents for park improvements and does not include improvements outside the streetscape right-of-way. If in the event a separate set of Street Improvement Plans are required, we will prepare for such at the request of the City as an additional service.

RJM DESIGN GROUP , INC.

Principal Landscape Architect $220 per hour
Associate Landscape Architect $195 per hour
Landscape Architect $180 per hour
Job Captain / Landscape Designer $165 per hour
CAD Technician / Graphics $150 per hour
Administrative Support $105 per hour

WILSON MIKAMI CORPORATION
Principal $305 per hour
Senior Project Manager $240 per hour
Project Manager $235 per hour
Sr. Project Designer, Sr. Project Engineer, Assistant Project Manager $225 per hour Project Engineer, Project Designer $215 per hour
Sr. Designer, Sr. Design Engineer $200 per hour
Design Engineer, Designer $180 per hour
Assistant Engineer, Research/Processing Coordinator, Sr. CADD Technician
$160 per hour
CADD Technician $150 per hour
Jr. Engineer $120 per hour
Jr. CADD Technician $115 per hour
Engineering Aide, Office Work $115 per hour

WATER CONCERN
Principal $150 per hour
Sr. Design Manager $125 per hour
Design Manager $100 per hour
Designer $80 per hour
Clerical $50 per hour

FBA ENGINEERING
Principal / Project Director $250 per hour
Associate / Project Manager $175 per hour
Construction Support $150 per hour
Electrical Designer $120 per hour
CAD / BIM Designer $100 per hour
Technical Typist $60 per hour
Design Budget (continued)
CONSULTANTS’ HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:
*Charges for subconsultant services are billed at cost plus a 15% coordination fee.

Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.

Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2026. Provisions for fee escalation pertain to all contract extensions and additional work.

SHIMAJI & LASCOLA
Principal $275 per hour
Project Engineer $175 per hour
Sr. Drafsperson $150 per hour
Engineer $100 per hour
Draftsperson $85 per hour
GMU
Principal / Director $295 per hour
Associate Engineer or Geologist $272 per hour
Senior Engineer or Geologist $255 per hour
Project Engineer or Geologist $215 per hour
Senior Staff Engineer or Geologist $192 per hour
Staff Engineer of Geologist $175 per hour
CAD / GIS Design Engineer $132 per hour
Document Preparation and Project Services $110 per hour AQUATIC STUDIO INC.

Principal $200 per hour
Project Manager $150 per hour
Senior CAD Designer $100 per hour
Design Engineer $110 per hour
Graphic Designer $80 per hour
CAD Designer $80 per hour
Administrative Support $65 per hour
Assistant Designer $65 per hour
ASULON
Senior Principal / Design $210 per hour
Principal $180 per hour
Senior Associate $165 per hour
Associate $135 per hour
Technical Staff IV $110 per hour
Technical Staff III $95 per hour
Technical Staff II $85 per hour
Technical Staff I / Administrative / Operations $55 per hour Design Budget (continued)

PAGE 17 OF 19

EXHIBIT B

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.