Agenda packet, regular meeting — Buena Park City Council, October 28, 2025 (part 2 of 3)

PET ADDENDUM TO FACILITY USE AGREEMENT
This Pet Addendum to Facility Use Agreement (“Addendum”) is hereby annexed to and made a part of the Facility Use Agreement (“Agreement”) having an effective date of ______, 20___, and entered into between ________________ (“Owner”) and The American National Red Cross, a nonprofit corporation, a Federally chartered instrumentality of the United States, and a body corporate under the laws of the United State (36 U.S.C. §§ 300101-300111 (2007) (“Red Cross”). Owner and Red Cross are each sometimes referred to herein as a “Party” and collectively, as “Parties”, as the context requires. Capitalized terms used, but not defined herein have the meanings set forth in the “Agreement”.

Owner hereby grants permission to the Red Cross to permit its clients while occupying a portion of the Premises (“Client”) to keep only those pet(s) described below upon the terms and conditions in this Addendum. All pets are subject to the following general policies:

1. Clients’ household pets, including assistance/therapy animals (each as defined by applicable law) are permitted to be kept on and in the area of the Facility designated on Exhibit A of this Addendum (“Pet Area”), or other areas (designated by Owner) in the building.

2. Clients’ service and/or guide animals (as defined by applicable law) are permitted to be kept in the same area of the Facility as the Client.

3. At all times when a client’s pet is outside the Pet Area, the pet must be secured by either a leash, or in a carrier or other container and restrained in such a way so as not to cause any damage to people or the Facility. Except for service and/or guide animals, no pet is permitted in any part of the Facility, other than the Pet Area, or other areas designated and approved by Owner.

4. Owner’s personnel shall avoid physical contact with any pet and shall enter the Pet Area only accompanied by the Red Cross Representative (identified in the Agreement) or Animal Welfare Organization (AWO) providing care and/or support of the pet.

5. Red Cross agrees that it, acting through the AWO, shall be responsible for sheltering, feeding, maintaining, and overseeing the welfare of the pets in compliance with all applicable laws and regulations, including but not limited to all state law and local ordinances regarding pet ownership and liability.

6. The Parties may execute and deliver this Addendum in counterparts.

7. Except as otherwise set forth in this Addendum, the terms of the Agreement remain in effect.

8. The term of this Addendum shall be coterminous with the term of the Agreement.

The Parties have executed and delivered this Addendum as of the Effective Date. [Signatures follow on next page]

Page 2 of 3 ends

IN WITNESS WHEREOF, the Parties, acting through their duly authorized officers, have executed this Contract, which shall come into force as of the latest date of the signatures below.

OWNER RED CROSS
Name: ____________________________
By: _____________________________________
Signature
Print Name: _____________________________
Title: ___________________________________
The American National Red Cross
By: _____________________________________
Signature
Print Name: _____________________________
Title: ___________________________________

Page 3 of 3 ends

Exhibit A
Diagram of Pet Area (include location of pet waste disposal bins/areas)

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October 28, 2025

CONSENT CALENDAR
Item No. 4J.

City Council Agenda Report
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH MERCHANTS LANDSCAPING INC.

FOR CITYWIDE LANDSCAPING SERVICES

PREPARED BY PRESENTED BY
Joe Hunt, Public Works Manager Joe Hunt, Public Works Manager

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

RECOMMENDED ACTION
1) Approve Amendment No. 2 to the Agreement with Merchants Landscaping Services, Inc. ("Merchants") for landscaping services from January 1, 2026, through March 31, 2026; 2) Authorize the City Manager and City Attorney to make any necessary non-monetary changes to the amendment; and, 3) Authorize the City Manager and the City Clerk to execute the amendment.

PREVIOUS CITY COUNCIL ACTION
On December 14, 2021, the City Council approved a three-year agreement with Merchants in the an amount of $828,000 for the first year, with 3% increases each subsequent year. The agreement included provisions for two (2) one-year extensions beyond the initial term of three years. On December 10, 2024, the City Council approved a one-year extension through December 31, 2025.

DISCUSSION
Merchants has provided landscaping services at City properties including parks, facilities, the Metrolink Station, parkways, medians, public parking lots, and freeway on- and off-ramps since 2013. Staff has had a good relationship with Merchants management. They are responsive to the City's requests and willingly re-direct their efforts in areas that are of interest to the City.

On February 11, 2025, the City Council adopted an ordinance regulating the use of gas-powered lawn equipment.

Future agreements with contracted landscapers will require electric landscaping equipment be utilized wherever possible. For this reason, staff has prepared a request for proposals (RFP) for a new agreement with a landscaping contractor that will require the use of electric equipment. Due to the change of scope for the new contract, staff seeks additional time on the RFP to make sure there is time for qualified contractors to submit proposals and bring the best value and service to the City.

Extending the existing contract with Merchants for three additional months, through March 31, 2026, will provide the additional time necessary to complete the RFP process. The extension would carry forward the current scope of work and cost per month as the current agreement.

BUDGET IMPACT
The attached proposal from Merchants retains the same services and rate as the current agreement at a cost of $78,140 per month, for a total cost of $234,420. Funds are available in the budget for this purpose.

Attachments
Merchants 2026 Proposal.pdf
Amendment #2 to PSA with Merchants FINAL.pdf

PAGE 1 OF 2
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
WITH MERCHANTS LANDSCAPING SERVICES, INC.

This Amendment to Professional Services Agreement (“Amendment No. 2”) dated October 28, 2025, and is between the City of Buena Park, a California municipal corporation (“CITY”) and Merchants Landscaping Services, Inc. a California Corporation (“CONSULTANT”). CITY and CONSULTANT are at times referred to herein jointly as the “Parties” and individually as a “Party.”
WHEREAS, the Parties previously entered into that certain Professional Services Agreement dated December 14, 2021, as amended by that certain Amendment No. 1 dated December 10, 2024 (jointly the “Agreement”), pursuant to which CITY contracted with CONSULTANT to provide the “Services” defined in the Agreement; WHEREAS, the Parties now desire to amend the Agreement to extend the term for three (3) additional months, subject to the terms and conditions set forth in this Amendment No.2.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. RECITALS. The foregoing recitals are true, correct, and incorporated into this Amendment.

2. TERM. The term of this Amendment No. 2 shall commence on January 1, 2026, and shall remain in full force and effect until March 31, 2026, unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of the Agreement.

3. SERVICES: Subject to the terms and conditions in this Amendment No. 2, CONSULTANT shall provide to CITY those services that are specifically described in the Agreement (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 Amendment No. 2. Increases or decreases in Compensation resulting from any Modification to the Services shall be based on the rate specified in the Compensation Schedule, or if not specified in the Compensation Schedule at thenapplicable prevailing market rate charged by CONSULTANT to other customers for the same service.

4. COMPENSATION: Section 5 of the Agreement (Compensation) is hereby deleted and replaced with the following:

5.0 COMPENSATION. As full and complete compensation for CONSULTANT’s performance of the Services during the term of Amendment No. 2, CITY shall pay CONSULTANT at the monthly rate and amounts set forth in Exhibit “A” to Amendment No. 2, provided that the total compensation paid to CONSULTANT during the term of Amendment No. 2 shall NOT EXCEED the total of $234,420.00. No claims for additional compensation shall be allowed unless authorized in advance by the CITY in writing. Any additional work or expenses authorized by the CITY shall be compensated at CONSULTANT’s then-applicable rates subject to agreement by CITY at a rate agreed to PAGE 2 OF 2
by the Parties. The CITY shall make payment in accordance with Section 6.0 of the Agreement.

5. INCORPORATION. Except as expressly amended herein this Amendment No. 2, all other terms and provisions of the Agreement shall govern and remain in full force and effect, being deemed incorporated fully herein by this reference.

CITY OF BUENA PARK CONSULTANT
a California Municipal Corporation
Name of Business

BY:

Aaron France, City Manager Signature
Print Name
ATTEST:

BY:

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

BY:

Christopher Cardinale, City Attorney
PAGE 1 OF 2

EXHIBIT A
Attached Consultant’s Letter Proposal dated October 2, 2025 Behind This Page October 28, 2025

CONSENT CALENDAR
Item No. 4K.

City Council Agenda Report

APPROVE BUDGET APPROPRIATION TO REALLOCATE FUNDS TO EXPAND THE AIR QUALITY

MANAGEMENT DISTRICT RIDESHARE BENEFITS PROGRAM

PREPARED BY PRESENTED BY
Lotus Thai, Sustainability Manager Lotus Thai, Sustainability Manager

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
1) Approve a budget appropriation of $10,000 from AB 2766 Fund for employee rideshare program.

PREVIOUS CITY COUNCIL ACTION
On August 22, 2017, City Council approved the City Employee Commute Reduction Program to comply with a South Coast Air Quality Management District (SCAQMD) mandate. Council allocated money from the AB 2766 Fund for Public Works to implement the program.

On September 23, 2025, City Council adopted the City’s Climate Action and Adaptation Plan (CAAP). Several of the actions in the CAAP relate to reducing greenhouse gas emissions from employees traveling to work.

DISCUSSION
The South Coast Air Quality Management District (SCAQMD) mandates employers who have more than 250 employees reporting to a jobsite to develop and implement an employee rideshare program. The intent of the program is to provide various incentives to encourage employees to use alternative commute modes (ACMs) such as carpooling, using public transportation, driving an electric vehicle, biking, and/or walking to work.

AB 2766 is a dedicated funding source created by the State Legislature to help cities and counties reduce air pollution from vehicles. In the South Coast region, a portion of motor vehicle registration fees is allocated to local governments via the SCAQMD to support projects that cut mobile-source emissions. These funds can be used for things like purchasing or leasing zero-emission or plug-in hybrid vehicles, installing EV or alternative fuel infrastructure, supporting transportation demand management programs (e.g. trip reduction, bike & transit incentives), signal timing and synchronization, or other strategies that yield measurable emission reductions. To access and use AB 2766 funds, a local jurisdiction must adopt the expenditure in its budget or via Council resolution, maintain the funds in a separate special revenue account, comply with reporting requirements (annual reports, audits), and ensure that the projects adhere to the California Air Resources Board’s Criteria & Guidelines (via the SCAQMD’s Resource Guide). In Buena Park, one of the eligible uses of AB 2766 funds is to administer the City’s Employee Commute Reduction Program.

The Program is required to have three sets of strategies: marketing, basic support, and incentives. Employees are informed of the program during their on-boarding training, through flyers posted around facilities, and at the annual Human Resources (HR) Benefits Fair. With support from HR, the Public Works Department manages the program and completes the annual survey and report for SCAQMD.

Currently the program has the following incentives:

If an employee utilizes an ACM to work four times in one month, they will earn $25 cash onto their paycheck.

Each month, all participants are entered into a raffle for $50 cash onto their paycheck.

A points program allows employees to earn points that can be “cashed” in on a quarterly basis to receive items from the Commuter Catalog. One day of using an ACM is $1.00. A start-up incentive of $50 is given to new participants if they use an ACM at least four times a month for 3 months.

A monthly $30 bus or $125 rail subsidy is given to employees if they use a bus or train two days a week.

There were 22 participants in FY22-23 and 31 participants in FY 23-24. The FY25-26 budget allocates $13,120 for the rideshare program.

Currently, the program only serves employees that report to the Civic Center complex, including City Hall, the Police Department, and the Community Center. To align with the recently adopted CAAP and to further reduce greenhouse gas emissions from employees traveling to/from work, staff recommends expanding the program to include employees at Ehlers Event Center and the City Yard. Expanding this program to be eligible for all City facilities will encourage staff at these locations to utilize alternative modes of travel thereby reducing greenhouse gas emissions. There are sufficient funds available in the AB 2766 account; however, a budget appropriation of $10,000 is required to cover the anticipated additional costs associated with expanding the Employee Commute Reduction Program.

BUDGET IMPACT
A budget appropriation of $10,000 from AB 2766 Fund for employee rideshare program.

Attachments
AQMD Rideshare Program.pdf

October 28, 2025

NEW BUSINESS
Item No. 5F.

City Council Agenda Report
APPROVE BUDGET APPROPRIATION IN THE AMOUNT OF $50,000 FOR NON-PROFIT LEGAL AID

SERVICES

PREPARED BY PRESENTED BY
Christopher G. Cardinale, City Attorney Christopher G. Cardinale, City Attorney

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

RECOMMENDED ACTION
1) Approve a budget appropriation of $50,000 from the General Fund for non-profit legal aid benefiting City residents.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City Council has taken various actions in recent years to provide funding support for programs and services that benefit under served or vulnerable members of the community, including but not limited to the building and funding of the Buena Park Navigation Center, rental and business assistance during the COVID-19 pandemic, annual grants to local nonprofits that serve community members, support for the Buena Park Collaborative, and the Friendly Center and recent development of the Friendly Mart. Consistent with these past actions, the City Council desires to appropriate $50,000 to fund non-profit legal services to support vulnerable members of the community that may be facing complex legal challenges and would otherwise not have access to the basic level of legal advice needed.

BUDGET IMPACT
The Budget Impact is $50,000 from the General Fund for this purpose.

October 28, 2025

NEW BUSINESS
Item No. 5A.

City Council Agenda Report
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR THE

FRIENDSHIP PARK IMPROVEMENT PROJECT PLANS, SPECIFICATIONS, AND ESTIMATE

PREPARED BY PRESENTED BY
HySun Lee, Assistant Engineer HySun Lee, Assistant 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 (PSA) in amount of $316,920 with RJM Design Group, Inc. (RJM) for the Friendship Park Improvement Project Plans, Specifications, and Estimate; 2) Appropriate $316,920 from the Undesignated General Fund to the Friendship Park Improvement Project account for this purpose; 3) Authorize the City Manager and City Attorney to make any necessary non-monetary changes to the agreement; and, 4) Authorize the City Manager and the City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
On January 14, 2025, staff presented the Friendship Park Korean Pavilion and proposed park improvements to the City Council during Study Session. Following the discussion, the City Council directed staff to proceed with the conceptual plan development of the Friendship Park.

On August 12, 2025, staff presented the Friendship Park Improvement Concept Plan to the City Council during Study Session. Following the discussion, the City Council directed staff to proceed with the next phase of selecting a consultant for development of the design and construction documents (PS&E package).

DISCUSSION
Friendship Park is located within a multi-residential community adjacent to Beatty Middle School and spans approximately 6.9 acres. The park currently features a playground, a picnic area with BBQ facilities, a handball court, and restrooms. It has been identified as a priority for improvements in the Parks Master Plan.

On August 27, 2025, staff issued a Request for Proposals (RFP) to retain a consultant to provide professional design services for the project. Four (4) proposals were received on September 25, 2025, and were evaluated by staff.

Following the evaluation process, staff determined that RJM Design Group, Inc. is the most qualified firm based on qualifications, extensive experience with similar projects, and proven expertise in park design for municipalities.

RJM Design Group has previously prepared and completed the City’s Parks Master Plan, and developed the conceptual plans for Friendship Park.

Staff recommends awarding the agreement to RJM Design Group, Inc. in the amount of $316,920 for the development of 65%, 95%, and 100% Plans, Specification, and Estimate (PS&E) Packages, bidding support, construction support, and Final Record Drawings upon the construction completion. The design phase is scheduled to commence in December 2025 and is anticipated to be completed by May 2026.

Since this project was not included in the current budget, staff is requesting a budget appropriation of $316,920 from the Undesignated General Fund.

The City Attorney has reviewed and approved the proposed agreement.

BUDGET IMPACT
The agreement is in the amount of $316,920. Staff recommends appropriating $316,920 from the Undesignated General Fund to Friendship Park Improvement Project (Account No. 11-9806-190140) for this purpose.

Attachments
Att 1 of 2_Friendship Park Design PSE RFP.pdf
Att 2 of 2_PSA - Friendship Park Design PSE.pdf

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA
Proposal Due Date: SEPTEMBER 25, 2025 BY 3:00 PM
RFP Administrator: Hysun Lee, P.E.

Assistant Engineer
Public Works Department
T: (714) 562-3691
[email protected]
Interested parties may obtain a copy of this RFP by emailing the RFP Administrator ISSUED: AUGUST 27, 2025

REQUEST FOR PROPOSAL (RFP)

FRIENDSHIP PARK IMPROVEMENT PROJECT

PLANS, SPECIFICATIONS AND ESTIMATE
2 | Page

OVERVIEW
The City of Buena Park (City) is seeking an engineering Consultant (Consultant) to prepare plans, specifications, and estimate (PS&E) for the Friendship Park Improvement Project. The Conceptual Plan was prepared by RJM Design Group, Inc. and was subsequently discussed in a study session with City Council in 2025. The City encourages Consultants to review this document completely, which is provided electronically with the RFP.

An engineering soils report and topographic survey file will be provided by the City once a Consultant has been chosen for this project. Upon review of soils report and/or topographic survey, if needed, the Consultant shall perform additional soils investigation and/or survey.

The project site is located on north of Malvern Avenue and east of Beach Boulevard, within multiresidential community, and neighbors the Gordon H. Beatty Middle School sharing east fence with the school (See Location Map). The park is approximately 7.9 acres and improvements includes, demolition, new parking lot, grading, asphalt pavement, new curb and gutter, widened concrete walkway, electrical, hardscape, fencing, shade structures, site furnishings, irrigation, landscaping, playground relocation, playground equipment, multicultural picnic shelter with gathering space, new half basketball court, two new pickleball courts, modernization of existing restroom, enclosed bid and small dog area, new exercise nodes, and new lighting with integrated security cameras.

This concept plan contains the basic park site elements; however, it is encouraged of the Consultant to build upon the concept plan, and possibly introduce other park elements to enhance end-user experience.

This RFP will be evaluated based on the Consultant’s qualifications and City selection. Please note, this is a prevailing wage job and needs to be reflected in your proposal, as required.

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QUALIFICATIONS

MINIMUM QUALIFICATIONS
 Valid California Professional Civil Engineer License or Licensed Landscape Architect;  Valid City of Buena Park business license (if selected);  Satisfactory completion of a minimum of three (3) park PS&E, and provide references;  Understanding of Cameron Drive and Park’s parking situation, surrounding land use, traffic circulation, and operational needs along with the Buena Park Unified School District;  Ability to provide deliverables consistent with the latest City-adopted formats; and  Familiarity with City of Buena Park standards, provisions, and practices.

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SCOPE OF SERVICES
The scope of work shall include the following:

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

Deliverables
 Schedule of work - updated monthly
 Meeting minutes for all design meetings
B. Project Coordination
Consultant shall coordinate major design changes with the City, agencies, and other constituents that may provide design input, suggestions or restrictions for the project.

Design may be altered through additional coordination efforts.

2. Detailed Design
The Consultant shall provide all necessary professional services: landscaping, hardscape, irrigation, engineering, lighting, shade structures, electrical, play equipment, surveying, and office engineering for the preparation of the project plan, specifications and cost estimate (PS&E) for the project for the construction. The Consultant’s design efforts shall include but not be limited to the following:
a. Perform site visits as necessary. Perform due diligence research to complete the project. It will include but not be limited to, existing park features conditions, existing drainage condition, grading, traffic issues, coordination, engineering site visits as necessary, etc. b. Identify existing utilities on contract drawings. Pothole existing utilities potentially affected by proposed improvements.
c. Prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Water Quality Management Plan (WQMP), if applicable, and incorporate all necessary temporary and permanent storm water quality control measures.
d. The Consultant shall evaluate the topographic survey provided by the City, identify any low spots, if any, and implement a fix in their design. If needed, the Consultant shall perform the additional topographic survey by qualified survey crew at prevailing wage. The survey shall be from property line to property line.
e. The Consultant shall review the soils report and work closely with the City to decide, if any, the type of soil improvement recommendation based on budget limitations. If needed, the Consultant shall perform additional geotechnical investigation. 5 | Page
f. Prepare 65%, 95%, and 100% Plans, Specifications and Estimate (PS&E) submittals to the City. g. Review and incorporate all applicable comments from the City and all other Agencies Having Jurisdiction (AHJ), and make necessary changes.
h. Prepare contract drawings with sufficient details for construction in accordance with Caltrans, City Standards, SPPWC, MUTCD, and any other applicable regulations. Consultant shall identify all park features on contract drawings.
i. City will coordinate access to school property for survey or geotechnical purpose, if needed. j. Obtain encroachment permit and plan approval from the City of Buena Park, and other agencies if necessary.
k. The plan set shall include but not limited to a Title Sheet, General Notes, Demolition Plan(s), Grading Plan(s), Yard Piping Plan(s), Horizontal Control Plan(s), Construction Plan(s), Structural Plan(s), Irrigation Plan(s), Hardscape/Landscape Plan(s), Electrical and Lighting Plan(s), and any other plans and/or details needed to complete the 100% bid set of Plans, Specifications and Estimate (PS&E). In addition, remove and replace all hardscape needed to comply with current City, State & Federal standards and regulations. All curb ramps and path-of-travel design shall be ADA compliant. As far as possible green building/sustainability goals shall apply. l. Provide support services to City during bidding phase including but not limited to responding to Requests for Information (RFI) from bidders, and prepare addenda. m. Provide support services to City during construction phase including but not limited to responding to Requests for Information (RFI), review of submittals and shop drawings, review change orders from the Contractor, provide clarification of design intent when necessary, and prepare any plan revisions due to construction changes. n. The City will provide environmental approval through the California Environmental Quality Act (CEQA).
o. Prepare final set of as-builts plan incorporating any changes that occurred during construction.

Deliverables
 List of standard and non-standard design features
 65% design drawings and estimate
 95% design drawings, specifications and estimate
 100% contract drawings, specifications and estimate (bid set) and all associated CAD files

3. Survey (If applicable)
When needed, 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, drive approaches, utility boxes, manholes, valves, power poles, fire hydrants, trees, signing and striping, along with any other visible features within the project limit. The survey shall include enough record survey control monuments to accurate map the limits in the project location per available county record maps. b. Inventory and verification of existing survey monuments within the project limits. 6 | Page

PROJECT MANAGEMENT - SCHEDULE
PROJECT MANAGEMENT:

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

Consultant shall submit a draft 65 percent plans, specs and estimate (PS&E) submittal and allow two (2) weeks for City review. All comments shall be addressed prior to submitting the draft 95 percent PS&E submittal. Consultant shall allow an additional two (2) weeks for City review of the 95 percent submittal. Comments from the 95 percent submittal shall be incorporated in the final contract PS&E submittal for bidding purposes.

SCHEDULE:

Consultant shall prepare a detailed schedule showing times of completion and milestones for each task.

The City desires to meet the following milestones (tentative):
 Award Professional Services Agreement October 28, 2025  PSA Execution November 6, 2025
 Kick-off Meeting November 12, 2025
 65 Percent PS&E Submittal February 2026
 95 Percent PS&E Submittal April 2026
 100 Percent (Final) Contract PS&E (Bid Set) May 2026

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INSTRUCTIONS
REGISTRATION:

All interested Consultants 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 contained in this Request for Proposal (RFP).

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: Assurance of the firm's ability to complete all work, considering the firm's current and planned workload based on the aforementioned proposed schedule. 8 | Page
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 subconsultants 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. Subconsultants shall be directed and compensated by Consultant.

SUBMITTAL INFORMATION:

Proposals are due by 3:00 PM on September 25, 2025 to the RFP Administrator at the City of Buena Park Public Works counter. Postmarks will not be accepted.

RFP Administrator: Hysun Lee, P.E., Assistant Engineer
City of Buena Park – Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
T: (714) 562-3691
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 “FRIENDSHIP PARK IMPROVEMENT PROJECT – DESIGN”.

It is the responsibility of each Consultant 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. All questions must be submitted (via PlanetBids) to the RFP Administrator by Monday, September 8, 2025 at 3:00 PM. All changes to the RFP itself shall only be made by the City via a written addendum. All addenda will be published via email and posted on PlanetBids and shall become part of the RFP document requiring response by the Consultant 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. 9 | Page

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.
10 | Page

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 authorized representative of the Consultant by written notice to the RFP Administrator.

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 amended 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 subtasks, 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 11 | Page
may include portions of the original RFP as the City may deem necessary; (4) Disregard all nonconforming, non-responsive, or conditional proposals, (5) Reject the response of any Consultant who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) 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.

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 primary 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.
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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, officers, employees, and agents, with respect to any and all claims and liabilities of any nature or kind arising out of or incurred in connection with Consultant’s participation in this 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, appropriate 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 City 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 agreement with the City, and maintaining 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.

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

ATTACHMENTS
 Attachment A – Exhibits (Park Locations)
 Attachment B – Concept Plan
 Attachment C – Draft Professional Services Agreement (PSA)

Attachment A
Exhibits (Park Locations)

Friendship Park
5290 Cameron Drive
Legend
Friendship Park
2000 ft
N
➤
Gordon H. Beatty
Middle School
Attachment B
Concept Plan
08/20/2025 CONCEPTUAL SITE PLAN

FRIENDSHIP PARK

CITY OF BUENA PARK, CALIFORNIA
THIS DOCUMENT IS THE PROPERTY OF RJM DESIGN GROUP, INC., AND NO PART THEREOF SHALL BE USED, REUSED, OR MODIFIED WITHOUT THE WRITTEN CONSENT OF RJM DESIGN GROUP, INC. © 2025 RJM Design Group, Inc. All rights reserved. 0 40’ 80’ 160’
LEGEND

LANDSCAPE LEGEND

HARDSCAPE LEGEND

PARKING LEGEND

1. Expanded Parking Lot

2. 12’ Wide Walking Loop with Mile
Markers

3. 4” Mountable Curb

4. Concrete Maintenance Access

5. Existing Utility Well to Remain with
Expanded Fence and Sliding Gate

6. Gate Access to Gordon H Beatty
Middle School

7. Existing Restroom Building to be
Modernized with Electric Access
and Wall Murals

8. Existing Picnic Shelter to Remain
with Improved Lighting & Updated
Barbeques

9. Proposed Multicultural Picnic
Shelter with Gathering Space and
Boulder Seating

10.Pedestrian Light Standards with
Integrated Security Cameras

11. Exercise Nodes

12.Dog Run with Small and Large Dog
Play Equipment and Seating

13. Open Play

14.Shaded Inclusive Children’s
Playground

15. Sculptural Sundials

16.Sandblasted “Welcome” Walk
Letters. Languages to be
Confirmed with City Council

17. Drinking Fountain

18.Pedestrian bench with ADA
Companion Space

19. Half Court Basketball Court with
Lighting

20.Pickleball Courts with Noise
Attenuation Fabric and Lighting

21.Painted Graphic at Crosswalk

22.Flowering Planter Area at
Playground
Turf to be repaired as necessary
Planter Area
Existing Tree to Remain
Proposed Parking Lot/Shade
Tree
Proposed Accent Tree
Concrete-Medium Broom Finish
Decomposed Granite
Main Parking Lot Stalls: 28
Expanded Parking Lot Stalls: 50
Total Parking Stalls: 78

CAMERON DR

GORDON H BEATTY MIDDLE SCHOOL
NOTE:

FRIENDSHIP PARK DESIGN IS CONCEPTUAL LEVEL ONLY. PLAY

EQUIPMENT COLOR, LOCATION, TYPE AND FINAL ORIENTATION,

PLAY SURFACING COLOR AND PATTERN, AND SHADE STRUCTURE

SHAPE AND COLOR TO BE CONFIRMED AFTER RECEIPT OF
COMMUNITY INPUT AND FINAL TOPOGRAPHIC AND UTILITY SURVEY. 1 2
9 9
2 3
10 11
11 11
13 14
15 16
17 19
21 20
18 10
18 22
22 17
12 3
4 6
7 8
5 08/20/2025

FRIENDSHIP PARK

PLAYGROUND ENLARGEMENT

LEGEND LANDSCAPE LEGEND
A. 12’ Wide Walking Loop with Mile
Markers
B. Proposed Multicultural Picnic
Shelter
C. Gathering Space with Pavers
D. Exercise Nodes
E. 2-5 Universal Play Equipment with
Shade Sail
F. 5-12 Universal Play Equipment with
Shade Sail
G. 14+ Trekfit Bamboo Climber with
Shade Sail
H. 2 Bay Arc Swings
I. Sandblasted “Welcome” Walk
Letters. Languages to be confirmed
with City Council
J. Play Surfacing with Globe Motif
K. Covered Swinging Bench Seating
L. Drinking Fountain
M. Sculptural Sundials
N. Lodgepole Fence
O. Corten Cultural Screens
P. Half-court Basketball Court
Q. Flowering Planter Area
R. Boulder Seating at Gathering Space
Turf to be repaired as necessary
Planter Area
Existing Tree to Remain
Proposed Parking Lot/Shade
Tree
Proposed Accent Tree
NOTE:

FRIENDSHIP PARK DESIGN IS CONCEPTUAL
LEVEL ONLY. PLAY EQUIPMENT COLOR,

LOCATION, TYPE AND FINAL ORIENTATION,

PLAY SURFACING COLOR AND PATTERN,

AND SHADE STRUCTURE SHAPE AND

COLOR TO BE CONFIRMED AFTER RECEIPT

OF COMMUNITY INPUT AND FINAL
TOPOGRAPHIC AND UTILITY SURVEY.

A
B
J
K
N
O
N
Q
Q
Q
R
R
O
K
N
I
L
M
M
P
E
F
G
H
D
C
R
Attachment C
Draft Professional Services Agreement (PSA)
PAGE 1 OF 17

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-XX
DATE:

SERVICES: Friendship Park Improvement Project Plans,
Specifications, and Estimate
PROJECT: Friendship Park Improvement Project
PARTIES TO THE AGREEMENT:
“CITY”: City of Buena Park, a California Municipal Corporation City Representative: Name: Mina Mikhael
Title: Director of Public Works/
City Engineer
Tel.: (714) 562-3672
Email: [email protected]

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

Name:

Title:

Tel.:

Email:

SUMMARY OF TERMS:

Start Date:

End Date:

Contract Value: $___________
Services a “Public Work”: NO [___] YES [_X_] (add “PW Exhibit”) Community Workforce Agreement: NO [___] YES [___] (add “CWA Exhibit”) Insurance Approved By Risk Management: NO [___] YES [___] APPROVED BY: (___) Department Head (___) City Manager (select one) Contract Value ≤ $10,000 Contract Value ≤ $80,000

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

PAGE 2 OF 17

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 are 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, or reimbursable expenses incurred, as applicable. CONSULTANT shall remit the invoices to the address and in the manner specified by CITY.

PAGE 3 OF 17

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

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

8. ADMINISTRATION.

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

PAGE 4 OF 17

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 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.

PAGE 5 OF 17
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’ compensation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws.

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

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

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

11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:
.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
.2 The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). .3 Workers' Compensation insurance as required by the California Labor Code and Employer's Liability Insurance.

PAGE 6 OF 17
.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 retentions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

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

PAGE 7 OF 17
.3 All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.

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

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

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

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

11.9 Other Insurance Provisions.
.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of the insurance coverage.
.2 Requirements of specific coverage features or limits contained in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. .3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.

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

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

12. WORK PRODUCT.

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

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

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

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

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

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

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

15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and PAGE 10 OF 17
“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.

16. SUSPENSION AND TERMINATION.

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

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

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

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

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

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

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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 Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.

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

In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives. [signatures of parties on follow page]
PAGE 13 OF 17

CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
Name of Business
Signature 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

PAGE 14 OF 17

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

ADD DESCRIPTION

ADD SCHEDULE

ADD COMPENSATION RATES / SCHEDULES
PAGE 15 OF 17
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 selfinsurance 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 proposals leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $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
Issued: Wednesday, September 10, 2025

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

FRIENDSHIP PARK IMPROVEMENT PROJECT

PLANS, SPECIFICATIONS AND ESTIMATE
Please note the following changes:

Scope of Services

2. Detailed Design
n. The City will file a Notice of Exemption with the County if the project is determined to be exempt from the California Environmental Quality Act (CEQA). If the project is not exempt from CEQA, the Consultant shall provide all necessary coordination and supporting documents such as the initial study, negative declaration, mitigated negative declaration, environmental impact report, public notice, file a notice of determination, and/or technical appendices.

By: __________________________
Mina Mikhael, P.E.

Director of Public Works/City Engineer
I (We) the undersigned hereby acknowledge that I (We) have received Addendum No. 1 as issued on Wednesday, September 10, 2025, and that all changes, additions, deletions, clarifications and corrections specified herein have been incorporated into my proposal.

THIS ACKNOWLEDGMENT MUST BE SIGNED BY THE CONSULTANT AND RETURNED WITH THE PROPOSAL.
_____________________________ __________________________________________ Date: Consultant/Title
City of Buena Park
Q & A for Project FRIENDSHIP PARK IMPROVEMENT PROJECT PLANS, SPECIFICATIONS AND ESTIMATEIssued on 08/27/2025Bid Due on September 25, 2025 4:31 PM (PDT)Exported on 09/10/2025Submitted By Submit Date Question Answer Release Date Set StatusRJM Design Group, Inc. 09/08/2025 9:56:06 AM Per page 8 of the RFP PDF, under Submittal Information, the RFP states that "an electronic copy of the proposal shall be submitted". Does the City want the electronic copy emailed or uploaded to PlanetBids? Or both? Please submit the electronic copy through email (DropBox or OneDrive), PlanetBids, or provide a flash drive. Preferred email or PlanetBids. 09/10/2025 4:24:18 PM 1.1 Released Via Addendum RJM Design Group, Inc. 09/08/2025 9:55:49 AM
Per page 8 of the RFP PDF, under Proposal Format, Item F. Design Budget states that the Fee Proposal shall be submitted separately. How many printed copies of Fee Proposals are to be submitted? Only one (1) Fee Proposal is necessary. Additional copies are optional. 09/10/2025 4:24:18 PM 1.2 Released Via Addendum RJM Design Group, Inc. 09/08/2025 9:55:09 AM
Per page 7 of the RFP PDF, titled Instructions, under Proposal Format, the RFP states that "proposals are not to exceed (20) one-sided pages". Does this mean that no double-sided pages are allowed for hard copies of proposals? Correct, no double-sided pages for the hard copies of proposals. Proposal copies with double-sided pages may have a point deduction. 09/10/2025 4:24:18 PM 1.3 Released Via Addendum RJM Design Group, Inc. 09/08/2025 9:54:30 AM Are contract modifications / exceptions to Attachment C: Draft PSA to be included in our proposal? Yes, any modifications / exceptions to the PSA shall be submitted as part of the Consultant's proposal. 09/10/2025 4:24:18 PM 1.4 Released Via Addendum PAGE 1 OF 19

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-30
DATE: October 29, 2025
SERVICES: Friendship Park Improvement Project Plans,
Specifications, and Estimate
PROJECT: Friendship Park Improvement 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: 10/29/2025
End Date: 12/31/2027
Contract Value: $306,920.00_______
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.

PAGE 2 OF 19

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated as of October 29, 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 29, 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 $306,920.00 (“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.

PAGE 3 OF 19

8. ADMINISTRATION.

PAGE 4 OF 19

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 PAGE 5 OF 19
such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.

PAGE 6 OF 19
.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.

PAGE 7 OF 19
.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.

PAGE 8 OF 19
.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.

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

PAGE 9 OF 19
.3 CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.

15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and PAGE 10 OF 19
“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.

PAGE 11 OF 19

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.

CITY OF BUENA PARK
a California municipal corporation
RJM Design Group, Inc.
a California corporation
Name of Business
Signature Signature
Name: Aaron France Name:

Title: City Manager Title:

Signature
Name:

Title:

ATTEST:

BY:

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

BY:

Christopher Cardinale, City Attorney

PAGE 14 OF 19

All services as described in the CONSULTANT’s Proposal for Professional Services for the Friendship Park Improvement Project Plans, Specifications, & Estimate, 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 16 of the PROPOSAL.

Consultant shall be paid by labor hours and in a total not-to-exceed amount of $306,920.00 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 25, 2025, behind this page]

City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 1 Friendship Park Improvement Project
Plans, Specifications, & Estimate
City of Buena Park
September 25, 2025
Cover Letter | 1
Scope of Work | 2
Consultants Representative | 3
Project Team | 4
References | 10
Schedule | 16
Design Budget (submitted under separate cover)
Subconsultants | 17
Contract Exceptions | 17
Table of Contents
Friendship Park | Buena Park
(RJM Project)
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 1 September 25, 2025
Ms. Hysun Lee, P.E.

Assistant Engineer
Public Works Department
6650 Beach Blvd
Buena Park, CA 90621
Re: Friendship Park Improvement Project Plans, Specifications, and Estimate Dear Ms. Lee:

RJM Design Group, an award-winning architectural firm known for designing some of California’s most celebrated park improvements, is excited to present this proposal for professional services for Plans, Specifications, and Cost Estimate for Friendship Park in Buena Park. With local offices near the project site, and our previous experience working on the Friendship Park Conceptual Level Design, we are uniquely situated to deliver a plans, specifications, and cost estimate package honoring the original intent of the design, community input, and City requirements.

We are very excited for the opportunity to continue our partnership with the City on this unique project and are committed to assisting you in its implementation. Our scope of work for the successful completion of the Friendship Park Improvement project would include the creation of PSE packages at 65%, 95%, for review and approval by the city before the completion of a 100% PSE package for contractor bidding.

Amenities included in the PSE packages include but are not limited to:
• Updated play equipment, play shade structures, and resilient surfacing • A multicultural picnic shelter and community gathering space with “welcome” walk • Additional parking and expanded pedestrian circulation • Exercise opportunities such as a basketball half court, two pickleball courts, and an expanded walking path with dynamic exercise equipment nodes.
• A dog run separated into small and large dogs
• Bathroom improvements including fixture updates, security updates, partitions, and lighting upgrades.
• Additional seating opportunities
• Expanded connection to the adjacent Gordon H Beatty Middle School. • Improved lighting and security throughout the park and Pavilion structures Following the completion of the PSE package and City Plan Check Approvals, RJM intends to assist with project implementation from bidding all the way through construction to project opening to the public.

Throughout our proposed activities, we anticipate close coordination with city staff. We anticipate that this close coordination and cooperative relationship on an ongoing basis will ensure the project’s evolution and completion in the most thoughtful and efficient manner. Thank you so much for this opportunity to propose on this project.

Respectfully submitted,
RJM DESIGN GROUP, INC.

Zachary M. Mueting, LLA | Principal
(949) 493-2600 | [email protected]
Cover Letter
31591 Camino Capistrano
San Juan Capistrano, CA 92675
(949) 493-2600 phone
(949) 493-2690 fax
www.RJMdesigngroup.com website
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 2 Scope of Work

PROJECT UNDERSTANDING
We have a thorough understanding of the Friendship Park Improvement Project, which aims to revitalize and enhance the existing park facilities to better serve the community. Having successfully completed the Friendship Park Preliminary Design and Community Outreach Project on time and under budget, we are uniquely positioned to facilitate a smooth and efficient transition from Conceptual Design and Community Outreach to a full Plans, Specifications, and Estimate package. With our previous direct experience with the Community and City Staff, we are confident we can provide a PSE package that expands on the approved conceptual plans and provides the City and Community with park updates that meet the needs and desires of the immediate neighborhood and city wide master plan.

PHASE 1 – CONSTRUCTION DOCUMENTATION
To commence the Construction Documentation phase of the Friendship Park PSE Project, RJM to host a kickoff meeting with City staff to formally finalize project understanding and requirements.

Following the initial project kick off meeting, we will commence with the creation of an updated Field Survey and Construction Documentation PSE sets. At a minimum, the PSE set will consist of the following:
• Title Sheet
• General Notes
• Grading and Drainage Plans
• Horizontal Control Plans
• Landscape Construction Plans and Details
• Irrigation Plans and Details
• Structural Details
• Planting Plans and Details
• Electrical Plans and Details
• Technology Plans
• Restroom Improvement Plans and Details
• Cost Estimate
• Specifications in Greenbook Format
Further, our team has significant on site experience and familiarity with the traffic, pedestrian circulation, and school interaction and will take care in properly preparing plans and specifications to accommodate these issues.

To maintain a consistent schedule we propose to submit PSE plans at 65 %, 95 %, and 100 % with a submittal to plan check occurring with the 95 % set. We are anticipating a 2 week minimum City review period following the 65% and 95% submittals with specifications included in the 95% set.

Following the return of plan check comments, RJM to pick up all remaining City Staff and Plan Check comments and return to plan check. Upon approval from plan check, RJM to compile the approved plans and details with the specifications and estimate into a 100% Bid set for public bid.

MEETINGS: One (1) Kick-off Meeting with City Staff
One (1) 65 % PSE virtual review meeting with City Staff One (1) 95 % PSE virtual review meeting with City Staff City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 3 Scope of Work (continued)
DELIVERABLES: Updated Field Survey
Site Plan in AutoCAD
65 % Construction Documentation Drawings and Estimate
95 % Construction Documentation Drawings and Estimate
100 % Construction Drawings, Specifications and estimate and all associated CAD plans
PHASE 2 – 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. At the most we are anticipating a total of 40 RFIs and 40 submittals. During the course of construction, RJM to be available for site visits once/month to review construction and provide input. 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. RJM assumes a construction period of 12 months.

Consultant’s Representative
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 in charge. 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.

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
civTEC
Tom Carcelli
Civil Engineering
FBA Engineering
Bill Zavrsnick
Electrical Engineering
Sara Ryan Landscape Architect
Asulon
Erica Carvalho
Architect
Shimaji & Lascola
Jim Lascola
Structural Engineering
Design West
Jarrett Mui
Site Security
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 5 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
• Irby Park, Huntington Beach, CA
• Murdy Park, Huntington Beach, 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
• Whispering Hills Park, Lake Forest, CA
• Worthy Park Renovation, Huntington Beach, CA
• Yorba Linda Adventure Playground, Yorba Linda, CA
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 6 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
Tom Carcelli
civTEC
Civil Engineer
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management
experience in all phases of civil engineering for land
development projects throughout Southern California
includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street
design. Tom has been in charge as a project manager on
over 100 projects from master planning to construction
with RJM Design Group over the past 20 years.

Education
• BS, Civil Engineering, University of California, Irvine, 1988
• Masters in Architecture, California State Polytechnic University, Pomona, 1994
Licenses
• Registered Civil Engineer/CA #81640
• Qualified SWPPP Developer (QSD) — C-81640
Parks
• Arbors Mini Park, Irvine, CA
• Bommer Canyon Community Park, Irvine, CA
• Boulder Pond Park, Rancho Mission Viejo, CA
• Carriage Crest Park, Carson, CA
• Central Park Master Plan, Rancho Cucamonga, CA
• City Park Master Plan, Corona, CA
• Conservation Park, Ontario, CA
• Cordova Park, Mission Viejo, CA
• Crucero Park, Mission Viejo, CA
• Dick Clark Dog Park, Burbank, CA
• El Dorado Park Universal Playground, Mission Viejo, CA • Encinitas Community Park, Encinitas, CA
• Friendship Park, Buena Park, CA
• George Izay Park, Burbank, CA
• Grant Howald Park, Newport Beach, CA
• Hart Park, Irvine, CA
• Joe Balderrama Park, Oceanside, CA
• Los Serranos Park, Chino Hills, CA
• Murdy Park, Huntington Beach, CA
• Peace Park, Long Beach, CA
• Peter F. Schabarum Dog Park, Los Angeles, CA
• Portola Park, Lake Forest, CA
• Premier Park, Stanton, CA
• Veeh Ranch & San Remo Park Rehabilitation, Laguna
Hills
• Veterans Memorial Park, Carlsbad, CA
• Yorba Linda Adventure Playground, Yorba Linda, CA
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 7 William Zavrsnick
Electrical Engineer
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 particularly experienced in the design and development of electrical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construction 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)
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 Community Center, Chino Hills, CA
• Temecula Aquatic & Community Center, Temecula, CA
• The Whole Child Headquarters, Downey, CA
• West Pico Apartments, Los Angeles, CA
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 8 James Lascola
Structural Engineer
Shimaji & Lascola
Jim Lascola has over 25 years of experience in structural design and engineering. He earned his bachelor's and master's degrees of civil engineering from California
State University at Long Beach. Jim now holds professional 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
Structural Engineers Associations of Southern California 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
• Alicia Architectural Walls, Mission Viejo, CA
• Arbors Mini Park, Lake Forest, CA
• Colonies at San Antonio, Upland, CA
• Foxfield Park, Westlake Village, CA
• Ladera IV Sterling Glen Fence & Wall, Ladera
Ranch, CA
• Ladera IV Sterling Glen Models, Ladera Ranch, CA
• Mission Viejo Family Village, Mission Viejo, CA
• Oak Park Cemetery, Claremont, CA
• Olympiad Road Monument, Mission Viejo, CA
• Rancho Cucamonga Central Park MP Update,
Rancho Cucamonga, CA
• Santa Maria Cemetery, Santa Maria, CA
Project Team (continued)
Jarrett Mui
Director of Technology
Design West Engineering
Jarrett Mui is a Director of Technology based in our
Edmonds office with a
passion for crafting cutting-edge solutions that
seamlessly integrate with clients’ values and
future needs. His experience includes serving as
a discipline design lead for technology projects,
revising office standards to align with industry best
practices, mentoring and training BIM professionals
and engineers, and providing peer and code review
support. In previous roles, he oversaw global security
design programs for multiple global accounts, focusing
on hyperscale data center security systems. Jarrett’s
commitment to design excellence, mentorship, and
effective client communication has consistently
contributed to the success of his projects. Jarrett is
a licensed Professional Engineer in multiple states,
as well as a Registered Communications Distribution
Designer (RCDD) Certification, Certified
Protection Professional (CPP), AVIXA Certified
Technology Specialist (CTS), and certified CSI
Construction Documents Technologist (CDT).

Education
• B.S. Electrical and Electronics Engineering,
University of California, Santa Barbara
Registrations
• California PE #E22955
• Registered Communications Distribution Designer
(RCDD)
• Certified Protection Professional (CPP)
• AVIXA Certified Technology Specialist (CTS)
• CSI Construction Documents Technologist (CDT)
Relevant Project Experience
• Behringer Park, La Mirada CA
• Downtown Dog Park, Cathedral City CA
• Eva Dell Park Renovations, Victorville CA
• Everett Parks Restrooms Renovations, Everett WA
• Ontario Sports Park, Ontario CA
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 9 Hours Matrix
City of Buena Park
Friendship Park PS&E
Civtec FBA Water
Concern Asulon Design Tech
Shimaji
Lascola
Principal Project
Manager Job Captain Admin. Civil
Engineer
Electrical
Engineer
Irrigation
Design Architecture Technology Structural
Engineer
Hourly Rate $220 $180 $165 $105 $235 $250 $150 $210 $270 $275 Task A Attend Project Kick off meeting 2 2 0 0
Task B Update Field Survey 0 2 0 12 8
Task C Creation of 65% PS&E package and submit to the city 4 80 120 0 Task D Virtual Review meeting with city staff 2 2 0 0
Task E Creation of 95% PS&E package and submit to the city 0 80 120 0 Task F Creation of Specifications 2 12 0 0
Task G Coordination with Dry Utility Providers 1 2 2 0 16 Task H Virtual Review meeting with city staff 2 2 0 0
Task I Submit to plan check 0 2 0 0
Task J Respond to plan check comments / create 100% bid set 9 40 40 0 203 75 88 185 53 17 Task A Respond to bidding RFIs (Max 10) 4 20 10 0
Task B Respond to construction RFIs (Max 40) 0 40 30 0
Task C Respond to construction submittals (Max 40) 0 40 30 0 Task D Attend monthly site visits (assumed 12) 0 36 0 0 Task E Attend final punch walk / prepare final punch walk report 0 9 0 0 42 11 41 Task F Compile record drawings 0 20 10 0 5 9 25
COMBINED PHASE FEE TOTAL 26 389 362 12 257 86 139 210 69 17 The above hourly breakdown consists of ESTIMATES ONLY.

PHASE 2 - Bidding & Construction Administration
PHASE 1 - Project Familiarization and Construction Documents

LEAD CONSULTANT SUB-CONSULTANTS
Task Description
RJM Design Group
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 10 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.

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)
Chris Slama
Director of Community & Library Services

CITY OF IRVINE
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
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 11 Project Summary
Friendship Park is a 7.9-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: 7.9 acres
Design Cost: $92,475
Construction Cost: N/A
Client Reference
Jim Box
Director of Community Services
City of Buena Park
(714) 562-3860 | [email protected]
Friendship Park Conceptual Design
Buena Park, CA
References
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 12 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 • Friendship Park Improvements Project Plans, Specifications, & Estimate | 13 Project Summary
Premier Park, located at 8340 Briarwood Street in the City of Stanton, is a 0.90-acre neighborhood park that was in need of thoughtful renovations to better serve the community’s recreational and aesthetic needs. The City of Stanton selected RJM Design Group to lead the redesign and renovation effort, guided by valuable input from residents and stakeholders gathered through a series of public outreach meetings.

The reimagined park features a tree house-themed playground that provides a unique and immersive play experience for children of all ages, complete with integrated shade structures and comfortable seating areas for parents and caregivers. The addition of dynamic outdoor fitness equipment encourages physical activity for adults and teens, while the newly installed half-court basketball area offers an additional outlet for recreation. To enhance connectivity and accessibility throughout the park, new concrete walking pathways were introduced, bordered by rustic splitrail fencing that complements the park’s natural aesthetic. The landscape improvements include a water-efficient irrigation system, California Friendly and drought-tolerant plantings, and freshly sodded turf areas to create a lush and inviting green space. Security lighting was strategically installed to improve visibility and safety during evening hours.

Premier Park
Stanton, CA
Project Completed: 2024
Project Size: 0.9 acre
Design Cost: $96,980
Construction Cost: $1.2 M
Client Reference
Han Sol Yoo
Associate Engineer, Public Works Engineering
City of Stanton
(714) 890-4204 | [email protected]
References
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 14 Project Summary
Portola Park provides many passive and active amenities for visitors, as well as fantastic overviews of the nearby open space.

Portola Park contains three (3) pickleball courts, which are the first public pickleball courts in the City. A large playground offers varied play opportunities, with a climbing net, musical play elements, a large shaded play structure, and swings. Other active elements include one (1) outdoor sand volleyball court, several exercise stations, and an open turf area large enough to fit a U12 youth soccer field. The park also contains multiple shaded seating and gathering spaces, a restroom, drinking fountains, and a large picnic shelter. A perimeter walking trail winds throughout the park and connects with existing local trails. This trail system provides access throughout the region and includes hiking trail connections, such as to the nearby Whiting Ranch Wilderness Park.

The park also includes a new dog park accessible by a meandering walkway from the larger Portola Park. The dog park contains separate areas for large and small dogs. A third space is open during maintenance of the other two dog play areas. The dog park includes doggie drinking fountains and dog agility equipment. Shaded seating and DG walkways within and around the perimeter allow easy access for human users.

Project Completed: 2020
Project Size: 6.34 acres
Design Cost: $316,000
Construction Cost: $4.9 M
Client Reference
Douglas Erdman
Assistant City Engineer
City of Lake Forest
(949) 282-5233 | [email protected]
Portola Park
Lake Forest, CA
References
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 15 Project Summary
Boulder Pond Park, located within a newly developed residential community in Rancho Mission Viejo, serves as a key recreational hub for residents of all ages, including an age-qualified 55+ neighborhood and multi-generational homes. Positioned along a main corridor, the park was designed to enhance community connections while integrating seamlessly with the adjacent pool facility. The project incorporates hillsidestabilizing plants for erosion control, while walking paths foster connectivity between neighborhoods and amenities.

The park offers a mix of passive and active recreation, highlighted by a striking split-level pond with a cascading waterfall, two docks for relaxation and interaction with the water, and a fish habitat for ecological balance. A nature-themed playground features water-inspired rubber surfacing and custom play elements, while seating areas, shaded gathering spaces, and site furnishings enhance comfort and usability. Several heritage oak trees were transplanted from within the development, providing instant shade and maturity to the landscape. Sustainability and environmental responsibility were central to the design, with a planting palette emphasizing native and low-water-use species to meet fuel modification requirements and ensure long-term resilience. By blending natural beauty with functional, multi-generational recreation, Boulder Pond Park transforms a challenging site into a dynamic and welcoming community destination.

Project Completed: 2025
Project Size: 10.6 acres
Design Cost: $826,000
Construction Cost: $7.1M
Client Reference
Jennifer Taylor
Senior Director Amenity and Landscape Design
City of Rancho Mission Viejo
(949) 240-3363 | [email protected]
Boulder Pond Park
Rancho Mission Viejo, CA
References
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 16 ScheduleCITY of BUENA PARK Friendship Park PS&E Project PHASE 1: CONSTRUCTION DOCUMENTATION
A. Review of City-provided documentationB. Update field surveyC. Project Kickoff MeetingD. Creation of 65% PS&E package and submit to the cityE. City review periodF. Creation of 95% PS&E package and submit to the cityG. City review periodH. Submit to Plan CheckI. Respond to plan check comments and create bid set, (100% PS&E). Submit to CityA. Bidding and Construction Administration Services. RJM assumes a 12 months Construction Period
Meetings or submittal to City of Buena Park
PHASE 2: BIDDING & CONSTRUCTION ADMINISTRATION

NOV DEC JAN FEB MAR APR MAY
City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 17 Contract Exceptions
Subconsultants
RJM Design Group, Inc. confirms that Subconsultants have been identified in the scope of work together with the services performed. Furthermore, 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.

STATEMENT OF COMPLIANCE

RJM DESIGN GROUP, INC. 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 Friendship Park Improvement 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 requested 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 blue.

Page 4 ends

Section. (line 4):
… fees, lawsuit, cost, expense, reasonable attorneys’ fees, litigation costs, defense costs, court costs or any …

Page 4 ends

for Design Services (if applicable). (line 8):
… sole negligence, active negligence, or intentional misconduct of CITY.

Page 4 ends

for Services. (lines 16-17):
… any Claims with counsel reasonably approved by CITY of CITY’s choice, and shall pay all costs and expenses, including all reasonable attorneys’ fees and experts’ costs actually incurred in connection with such defense. …

Page 7 ends

… 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. …

Page 7 ends

… Agreement have been renewed or replaced with other policies providing coverage that complies with this Section 11 at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original …

Page 8 ends

… 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 … City of Buena Park • Friendship Park Improvements Project Plans, Specifications, & Estimate | 18 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 25, 2025, behind this page]

4 Design Budget
CityofBuenaPark !,5,,
FriendshipParkPS&E Rl!/PHgp
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PHASE FEE

TOT ALS
Task Description
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Design
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Structural
Engineer
Hourly Rate $220 $180 $165 $105
HoursI Amount HoursI Amount HoursI Amount HoursI Amount Fees Fees Fees Fees Fees Fees PHASE I - F'roject Familiarization and Construction'Documents ' " ' =-"" "' " " '=-' " "" " " " ' " ' " " ""' a " " " =" " "' Task A Attend Project Kick off meeting 2 $440 2 $360 o $0 o $0 Task B Update Field Survey o $0 2 $360 o $0 12 $1 ,260 $1 ,800 Task C Creation of 65% PS&E package and submit to the city 4 $880 80 $14,400 120 $19,800 o $0 Task D Virtual Review meeting with city staff 2 $440 2 $360 o $0 o $0 Task E Creation of 95% PS&E package and submit to the city o ' $0 80 $14,400 120 $19,800 o $0 Task F Creation of Specifications 2 $440 12 $2,160 o $0 o $0 Task G Coordination with Dry Utility Providers 1 $220 2 $360 2 $330 o $0 $4,370 Task H Virtual Review meeting with city staff 2 $440 2 $360 o $0 o $0 Task I Submit to plan check o $0 2 $360 o $0 o $0
Task J Respond to plan check comments/create 100% bid set 9 $1,980 40 $7,200 40 $6,600 o $0 $47,725 $18,774 $13,225 $38,790 $14,283 $4,600 PHASE 1 - SUBTOTALS 22 $4,840 224 $40,320 282 $46,530 12 $1 ,260 $49,525 $18,774 $13,225 $38,790 $18,653 $4,600 PHASE 1 - TOTAL FEES $92 950 $143,567 $236,517
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PHASE2-Bidding&ConstructionAdministration " , '
Task A Respond to bidding RFIs (Max 10) 4 $880 20 $3,600 10 $1 ,650 o $0 Task B Respond to construction RFIs (Max 40) o $0 40 $7,200 30 $4,950 o $0 Task C Respond to construction submittals (Max 40) o $0 40 $7,200 30 $4,950 o $0 Task D Attend monthly site visits (assumed 12) o $0 36 $6,480 o $0 o $0 Task E Attend final punch walk/prepare final punch walk report o $0 9 $1 ,620 o $0 o $0 $9,775 $2,818 $6,210 Task F Compile record drawings o $0 20 $3,600 10 $1 ,650 o $0 $1,150 $1,380 $5,290 PHASE 2 - SUBTOT ALS 4 $880 165 $29,700 80 $13,200 o $0 $10,925 $2,818 $7,590 $5,290 $0 $0 PHASE 2 - TOT AL FEES $43 780 $26 623 $70,403
COMBINED PHASE FEE TOT AL "!
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Design Budget (continued)
It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the Friendship 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.
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PHASE 1- Project Familiarization & Construction Documents S236,517 PHASE 2 - Bidding & Construction Administration 970,403 Reimbursable Expenses SI0,000
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*Note: This fee summary represents our current understanding of the project scope and complexity. The scope of work and associated fees ore subject to refinement per the City's request.

REIMBURSABLE EXPENSES (Estimated Allowance of S10lOOO)
When incurred, the following project expenses will be billed at cost plus15o/o 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

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)
Hazardous Materials identification and disposal
Inclusion of Leed or Sites Sustainability requirements
Inclusion of a Noise Study
City of Buena Park - Friendship Park Improvements Project Plans, Specifications, & Estimate i2 Design Budget (continued)
ASSUMPTIONS:

TOPOGRAPHY: It is assumed that an AutoCAD compatible file of the existing topography is provided, suitable for design. Team can will provide a field survey of any critical joins and elevations
IRRIGATION AS BUILTS: it is assumed that existing irrigation record drawings are to be provided by the city. The scope of work does not include the identification of existing irrigation without record drawings.

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.

STORM DRAIN: This proposal assumes project drain inlets/outlets to be shown in plan view only (for lines underl8-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 other than that required by current NPDES regulations for LID/ Hydromodification.

SWPPP: This proposal assumes that the area of disturbed land will be over1.O acre, thus subjecting the project to NPDES/NOI requirements. It is assumed that the contractor will prepare the SWPPP, hire a QSP, and assist the City with NPDES permitting. RJM's 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.

SEWER: This proposal assumes the sewer connection is a private system connected to an existing sewer )ine onsite near its proposed location or within the public street along the project frontage. This proposal excludes an special studies, sewage lift stations, or off-site upsizing of the existing mainline
WATER: Team to show the domestic meter with supply line to within 5'feet of the building and a fire connection to any new buildings as well as any new onsite fire hydrants, if required. Capacity/pressure studies and public water plans for relocations are excluded. Fire master plans can be included for an additional fee.

Proposal excludes bid aiternates 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.

City of Buena Park - Friendship Park Improvements Project Plans, Specifications, & Estimate i 3 Design Budget (continued)

CONSULTANTS' HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:
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Principal Landscape Architect 9220 per hour
Associate Landscape Architect S195 per hour
Landscape Architect !5180 per hour
Job Captain / Landscape Designer '§165 per hour
CAD Technician / Graphics 9150 per hour
Administrative Support S105 per hour
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Principal S235 per hour
Project Manager S185 per hour
Project Engineer 9165 per hour
Project Surveyor 6185 per hour
Design Engineer S135 per hour
Draftperson S105 per hour
Project ASSistant §90 per hour
2-Person Survey Crew 9375 per hour
3-Person Survey Crew '3550 =ser hour
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Principal 9150 per hour
Sr. Design Manager 9125 per hour
Design Manager SIOO per hour
Designer 980 per hour
Clerical "50 per hour
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Principal / Project Director 9250 per hour
Associate / Project Manager S175 per hour
Construction Support S150 per hour
Electrical Designer 9120 per hour
CAD / BIM Designer S100 per hour
Technical Typist 960 per hour
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Senior Principal / Design 9210 per hour
Principal 9180 per hour
Senior Associate S165 per hour
Associate 9135 per hour
Technical Staff IV 9110 per hour
Technical Staff Ill S95 per hour
Technical Staff II 985 per hour
Technical Staff I / Administrative / Operations S55 per hour Llry OT tiuena t'arK - rrienasnip t-'arx improvements HrOJeCK HlanS, >pecrricarions, 6 is'timare Design Budget (continued)
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Principal '§275 per hour
Project Engineer S175 per hour
Sr. Drafsperson 9150 per hour
Engineer S100 per hour
Drafts :ierson S85 xer houra z a a * z z a s z a z z a z a a z a z z gDES]
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Principal Engineering S270 per hour
Director of Energy Services Engineering 9235 per hour
Energy Services Engineer 9185 per hour
Energy Services Designer 9145 per hour
Senior Engineering, Electrical 9235 per hour
Low Voltage Project Manager ';185 per hour
Low Voltage Designer §145 per hour
*Charges for subconsultant services are billed at cost plus al5o/o coordination fee.

Billings for al) 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 August1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with Augustl, 2026. Provisions for fee escalation pertain to all contract extensions and additional work.

City of Buena Park - Friendship Park Improvements Project Plans, Specifications, & Estimate i S Cprpuunity Inspired Spaces
RJM Design G'roup, Inc
31591 Camino!Capistrano
San Juan Capis'Jrano,CA 92675
rjm@rjmdesigr@'oup con
www RJMdesign5roup com
PAGE 17 OF 19

EXHIBIT B