Agenda packet, regular meeting — Buena Park City Council, November 12, 2025 (part 2 of 4)

35 Routine Stump Grind
Inch
$16.80
36 Electric - Routine Stump Grind
Inch
$19.35
37 Routine Plant 15 Gallon Tree
Each
$173.35
38 Electric - Routine Plant 15 Gallon Tree
Each
$199.35
39 Routine Plant 24" Box Tree
Each
$362.45
40 Electric - Routine Plant 24" Box Tree
Each
$416.80
41 Extraordinary Full Prune 0-6 DBH
Each
$84.05
42 Electric - Extraordinary Full Prune 0-6 DBH
Each
$96.65
43 Extraordinary Full Prune 7-18 DBH
Each
$262.65
44 Electric - Extraordinary Full Prune 7-18 DBH
Each
$302.05
45 Extraordinary Full Prune 19-30 DBH
Each
$446.50
46 Electric - Extraordinary Full Prune 19-30 DBH
Each
$513.45
47 Extraordinary Full Prune 31-36 DBH
Each
$630.35
48 Electric - Extraordinary Full Prune 31-36 DBH
Each
$724.95
49 Extraordinary Full Prune >36 DBH
Each
$866.75
50 Electric - Extraordinary Full Prune >36 DBH
Each
$996.75
51 Contaminated Matl Disposal - ton
Each
$105.05
52 Risk Assessment Report
Man Hour
$168.10
53 Canopy Spray - ground
Inch
$6.30
54 PGR Trunk Banding
Inch
$6.30
55 PHC Specialist
Man Hour
$157.60
56 PHC Technician
Man Hour
$105.05
57 Senior Tree Trimmer
Man Hour
$105.05
58 Supervisor
Man Hour
$105.05
59 Tree Trimmer
Man Hour
$105.05
60 Grounds Person
Man Hour
$105.05
61 Operating Engineer
Man Hour
$157.60
62 Aerial Lift - 43-55'
Hour
$26.25
63 Aerial Lift - 60-70'
Hour
$52.55
64 Aerial Lift - 75'
Each
$78.75
65 Aerial Lift - 80-90'
Hour
$105.05
66 Box/Chip Truck
Hour
$26.25
67 Brush Chipper
Hour
$26.25
68 Utility Vehicle
Hour
$26.25

CITY OF BUENA PARK
Item
Schedule of Compensation for Year 2025 - 2026
Tree Maintenance Services performed by WCA, Inc.

Description
Unit
Proposed Prices
Printed on: 10/30/2025 9:36:03 AM

Page 3 of 4 ends

69 Stump Grinder
Hour
$26.25
70 Root Pruner
Hour
$26.25
71 Stake Bed Truck
Hour
$26.25
72 Dump Truck
Hour
$26.25
73 Roll Off Truck
Hour
$105.05
74 Loader
Hour
$52.55
75 Crane
Hour
$210.10
76 Arrowboard
Hour
$52.55
77 Daily Crew - 3 mn w/eqpt
Day
$2,836.70
78 Daily Crew - 3 mn w/electric eqpt
Day
$3,262.20
79 Crew Rental
Man Hour
$105.05
80 Crew Rental - w/electric eqpt
Man Hour
$120.85
81 ER Response - bus hrs, 2 hr min
Man Hour
$472.80
82 ER Response - electric eqpt,bus hrs,2 hr min
Man Hour
$543.70
83 ER Response - after hrs, 4 hr min
Man Hour
$472.80
84 ER Response - electric eqpt,after hrs, 4 hr min
Man Hour
$543.70
The proposed rates reflect a cost adjustment of 2.5% based on the Consumer Price Index for LA-Anaheim-Long Beach region for the previous twelve months. Upon approval the rates will be effective 11/10/2025.

CITY OF BUENA PARK
Item
Schedule of Compensation for Year 2025 - 2026
Tree Maintenance Services performed by WCA, Inc.

Description
Unit
Proposed Prices
Printed on: 10/30/2025 9:36:03 AM

Page 4 of 4 ends

DocuSign Envelope ID: 44BB9733-B556-4120-84D2-341B007D4735 DocuSign Envelope ID: 44BB9733-B556-4120-84D2-341B007D4735 DocuSign Envelope ID: 44BB9733-B556-4120-84D2-341B007D4735 DocuSign Envelope ID: 44BB9733-B556-4120-84D2-341B007D4735

EXHIBIT A

TECHNICAL SPECIFICATIONS

TREE MAINTENANCE SERVICES

SCOPE OF SERVICES

The contractor shall provide the following services and meet the following specifications:

1. Required Qualifications

a. Contractor must hold a valid State of California Contractors License Class C-27, C-61, or D-49 in good standing.

b. Contractor must have an English speaking employee with field crews at all times.

c. Contractor must have satisfactorily completed at least five (5) separate and individual Southern California municipal tree maintenance projects in the last five (5) years.

d. Contractor must submit a Quality Control plan at time of Proposal submission and comply with this Quality Control throughout the term of the contract. Plan must include International Society of Arborist (ISA) certified staff and their training; in addition, proposed supervision and inspection of work. Also, the ability to provide an effective and efficient means of identifying and correcting problems for all operations throughout the term of this project.

e. Contractor must submit annually, prior to contract execution and/or contract renewal, current OSHA certification of all aerial devices and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used for this project.

2. Intentionally Deleted.

3. Services to be Provided

a. Contractor shall furnish all labor , equipment, materials and supervision to perform maintenance services for City trees as described herein including, but not limited to the following:

1. Tree Pruning

2. Tree Removal

3. Stump Removal

4. Root Pruning

5. Tree Planting

6. Tree Staking

7. Removal of Hazardous Branches

8. Removal of tree debris and/or tree trimmings

9. Worksite Cleanup

10. Repair of Damaged Sprinklers

11. Repair or Replacement of Damaged Fences or Walls

12. Soil Replacement

13. Damaged Tree and /or Shrub Replacement

14. Collection of Tree Inventory Data

15. Distribution of No Parking Signs and Door hangers

16. Contact with the Public

17. Employee Uniforms with Company Logo or Designation

18. Vehicles and Equipment with Company Logos or Designation

19. Traffic Control

20. Other Services Set Forth in this Agreement
b. All work shall conform to the latest edition of Pruning Standards of the Western Chapter ISA and these specifications. In all cases the Director of Public Works, or his designee, shall have complete and sole discretion in determining conformance and acceptability of the trees trimmed by the contractor. Trimmed trees rejected by the Director, or his designated representative(s), shall be excluded from payment.

c. Contractor shall have the duty to provide services for City trees as assigned.

d. Contractors shall be available 24 hours per day, seven (7) days a week to respond to all emergencies within two (2) hours of notification.

e. Contractor has the duty to be familiarize and fully acquainted with the conditions and possible difficulties associated with the performance of the contract. Contractor shall be responsible for carefully verifying the number of trees, tree varieties, and tree locations for any proposed work.

f. No additional compensation or relief from any obligation of the contract will be granted because of lack of knowledge of the site and /or conditions under which work will be accomplished.

4. Areas to be Maintained

a. Worksites will include City trees within the Public right-of-way. Worksites will also include Parks, or other areas where trees are under the jurisdiction of the City of Buena Park.

b. Trees to b e serviced will be provided on a monthly basis and may consist of individual trees located throughout the City.

c. It should be understood that this project i s not solely "section" or “block” type tree trimming.

5. Definitions

a. Where “as directed", "as required", ''as permitted", "approved", "acceptance", or words of similar importance are used, it shall be understood that the direction, requirement, permission, approval or acceptance of the Public Works Director

is intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide complete", "in place", "this is”, "furnish and install":
the work "site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Director" shall be construed to mean the Director of Public Works, or his delegated representative(s). The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract.

b. The use of the words "shall" and "may" shall be held t o mean "mandatory" and "permissive" respectively. The use of the words "his" or "him" shall be construed to mean either gender, as appropriate.

c. The following are definitions for terms used in this project:

I. Branch Collar shall mean wood tissue ridges that form around the base of a branch between the main stem and the branch usually as a branch begins to die the branch collar begins to increase in size.

2. Block Trim shall consist of a group of trees to be pruned in a localized area as defined by the Director.

3. Callus shall refer to the new growth made by the cambium layer around all of a wound.

4. Cambium Layer shall mean the growing point between bark and sapwood.

5. Closure shall refer to the roll of the callus growth around the wound area.

6. Crown shall mean the head or canopy of tree foliage.

7. The Cut shall mean the exposed wood area that remains after the branch has been removed.

8. Cut Back Drop Crotch shall mean the specified reduction of the overall size of a tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree.

9. Dormant shall refer to a condition of non-active growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear.

10. Girdling Roots are located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bark area, thereby choking or restricting the flow of sap.

11. Leader shall mean central growth shoot.

12. Lifting shall refer to the removal of lower branches for under clearance.

13. Parent System shall mean the main trunk system of the tree.

14. Pre-cut or Pre-cutting shall mean the removal of the branch at least beyond the finished cut, to prevent splitting into parent stem or branch.

15. Pruning shall mean the removal of dead, dying, diseased, live, interfering, objectionable and weak branches in a scientific manner.

16. Sap Flow shall mean the definite course assumed by sap in its movement through the tree.

17. Scars or Injuries shall refer to natural or man -made lesions of the bark in which wood is exposed.

18. Scatter Trim shall consist of the trimming of a tree, or group of trees, that do not consist of eight or more in a localized area.

19. Suckers shall mean the abnormal growth of small branches usually not following the general pattern of the tree.

20. Thinning Out shall mean the removal of live branches to reduce wind resistance and to create more space.

21. Topping see Cut Back.

22. Tracing - shall mean carefully cutting the bark along the lines of sap flow to encourage closure and to be the outline of the wound area.

23. Trimming_ - see Pruning.

24. Inspector shall mean the duly authorized representative of the Director of Public Works Department who shall monitor the contractor's progress within the Urban Forestry project area he/she is assigned to.

25. Trash and Litter shall mean any debris generated by the Contractor within the Urban Forestry project area such as paper, cans, bottles, limbs three inches in diameter or less, rocks, etc. which is not intended to be present as part of the landscape.

d. Tree Trimming Classifications and Tasks

1. A Full Trim shall consist of: Removal of all dead, dying, diseased, crossing or rubbing, and weak limbs or branches within the canopy; Clearing limbs from all wires, lights, buildings, and/or traffic signal devices; Raising the canopy to a minimum of 14 feet a bove the curb; Restructuring the crown to provide thinning out of, reduction of, and/or restoration of; Removal of trunk sprouts, water sprouts and suckers; Balancing of the crown; Removal of "v" crotches and establishing scaffold branches of young trees while maintaining clearance for vehicle and

pedestrian traffic in public right-of-ways.

2. A Clearance Trim shall consist of: Removing branches to provide a 14- foot clearance from the top of the curb; clearing limbs or branches away from w ires, lights, buildings, and/or traffic signal devices; removal of trunk sprouts, water sprouts and suckers; clearing limbs or branches to provide for pedestrian travel.

3. A Palm Trim shall consist of: Removing all dead or drooping fronds and fruiting clusters as close to the trunk as possible without cutting into outer trunk line, leaving approximately five to seven healthy fronds evenly spaced no more than 45 degrees above horizontal.

e. Tree Removals

1. Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled.

Extreme care must be taken to prevent unsafe working or other hazardous conditions to individuals, landscape, structures, obstacles, or private property.

2. Trees shall not be stump cut and felled. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent an 18" depth. All surface roots within a depth of an 8" in a 12 ft. zone around the tree shall be removed by grinding.

Grinding of stump shall be completed within 48 hours of tree removal.

3. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. Excess debris, trimmings, branches, and wood shall be removed from the worksite and shall follow as closely as possible to the removal operation. All debris shall be properly removed off site and at the contractor's expense. Wood that can be burned by the homeowner shall be cut up and left in the parkway. However, twigs, branches, leaves, and large wood shall be removed from the site prior to the crew vacating the worksite. Work shall not start before 7 AM or continue past 6 PM. No work is to be scheduled on weekends or national holidays without prior approval of the Director. Contractor shall notify Dig Alert two working days prior to tree removals at 1-800-227-2600.

f. Root Pruning

I. Root pruning consists of cutting the roots vertically along a straight, linear plane, usually along the curb and sidewalk to an 18" depth. Root pruning is done to prevent further damage to infrastructure and/or private property caused by surface roots of City trees. Root pruning is also done to accommodate repairs of sidewalk, curbs, asphalt, and other infrastructure.

2. Root pruning shall be done with a power stump grinder or power root cutter, u nless the Director of Public Works Department gives prior approval. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacles, individuals, or private property.

3. The Contractor shall notify Dig Alert two working days prior to root pruning at l-800-227-2600.

g. Stump Grinding

Stumping consists of grinding tree stumps to a minimum of eighteen inches (18") below soil surface unless utilities prevent an 18" depth. All surface roots within a depth of a 12 ft . zone around the tree shall be removed by grinding. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacles, individuals, utilities, or private property. Contractor shall notify Dig Alert two working days prior to stump grinding at 1-800-227-2600.

h. Tree Planting
Tree planting shall be done as outlined in the Street Tree Planting Detail of the City of Buena Park Public Works. Contractor shall furnish all materials and labor. Contractor shall notify Dig Alert two working days prior to plant pit excavation at 1-800-227-2600.
l. Emergency Work Charges

Emergency work charges shall include all personnel, equipment and other material used in completing work in an emergency situation. This includes night work and work on weekends and holidays. Contractor shall respond lo emergency calls within two (2) hours from time of notification.

j. Hourly Work Charges
Regular hourly wo rk charges shall include trimming and cleanup of broken limbs, thinning, restaking and/or removal of young trees, and other services needed generally as a result of storm damage. This work shall occur during normal working hours

6. GENERAL TREE PRUNING REQUIREMENTS
a. All cuts shall be made sufficiently close to the trunk or parent limbs without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions. Clean cuts shall be made at all times.

1. Removal of Laterals

The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts

(through the branch collar).

For any branch too large to be held while being cut, remove by means of the following cuts:

b. Under cut the branch 4 to 10 inches beyond the base (to prevent splitting or peeling).

c. Cut off the branch beyond the undercut, where necessary. To prevent property damage branches shall be lowered to the ground by ropes and/or proper equipment.

d. Remove the remaining stub via a final cut, as described above. (Section 6 a 1).

2. Removal of Terminals (lip Thinning and Drop Crotching)

a. Thinning or "Lacing out" terminal porti ons of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be 1/3 the diameter of the terminal being removed). Remove numerous small terminals and laterals rather than taking out a few large ones.

b. Size Reduction takes out portions of the crown for height. Remove terminals back to laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level.

The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut.

c. Branches that pose a threat to the health, safety, and, welfare of the general public shall be removed. In addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed.

Kinds of branches to be removed:

1. Obstructing branches, Clear walks, traffic ways, buildings and other manmade structures. Clear other trees, plants as needed.

2. Dead, broken, diseased or weak branches. (Also, stubs left by previous pruners).

3. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) vigorous, and interior - directed branches.

4. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees
should be removed.

5. Parallel branches. Branches less than a foot apart which run parallel for several feet may eventually damage each other. The less desirable one should be removed.

6. Wind-breakage risks. Crowns that are too high and/or too dense should be thinned, and sometimes lowered to suitable laterals.

Reducing wind resistance by thinning out many small
branches is safer and better for the tree than taking out several large branches.

7. Branches that disrupt tree form. Excessively vigorous branches, or those that run against the general branching pattern should be trimmed for better balance and shape. (This does not mean the tree must be made perfectly symmetrical: asymmetry as such can be both attractive and safe).
e. On trees known to be diseased, tools are to be disinfected with methyl alcohol at 70% (denatured wood alcohol diluted appropriately with water) or a Clorox (bleach) solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools.

f. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be traced where appropriate.

g. All girdling roots visible to the eye are to be reported to the Director.

h. The presence of any structural weakness , disease conditions, decayed trunk or branches, split crotches or branches shall be reported in writing to the Director and corrective measures recommended.

i. When pruning trees, the contractor shall make all trees shapely and typical of their species. (Under no circumstances shall the any tree have their central leader removed without written consent from the Public Works Director).

7. General Palm Trimming Requirements

a. All work shall be done in accordance within the following guidelines:

1. Live fronds shall be removed as close as possible to the trunk. The remaining fronds are to be approximately 45 degrees to the trunk.

2. All dead fronds and parts thereof shall be removed to a sound, intact portion, neatly and closely trimmed to the circumference of the trunk.

3. All vines shall be removed from the trunk and cut at ground level.

4. Only full, live fronds shall remain at the crown. Precaution shall be taken so that remaining fronds and stalks are not partially cut.

5. The contractor shall be required to remove and dispose of all fronds found hanging or fallen from these trees trimmed for a period of thirty (30) days following said trimmings.

6. Climbing spurs are not to be used when trimming trees, because of the damage caused to trees. Under special conditions, the Director may consider the use of climbing spurs. The request must be in writing and there is no assurance that permission to use climbing spurs will be granted.

7. The work shall include daily clean up and disposal of all branches, fronds, stubs, twigs, leaves, and other debris resulting from the trimming operation.

8. Tree and Stump Removal Requirements
a. Before starting any work below ground level, the Contractor shall contact Dig Alert at 1-800-227-2600. Contractor shall make sure utilities are located in the area and arrange his work so as not to damage any utility services.

b. Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working conditions and/or other hazardous conditions to individuals, landscape, structures, or obstacles.

c. Trees shall not be stump cut and felled.

d. Tree stumps not designated for removal shall be cut flush with the ground.

e. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent an 18" depth. All surface roots within a 12ft. diameter zone around the tree shall also be removed by grinding.
r. All excavation as a result of this process shall be back tilled exa ctly level with surrounding soil compacted and fine graded.

g. Excess debris, trimmings, branches, and wood shall be removed from the worksite and shall follow as closely as possible to the removal operation. At all times the contractor prior to vacating the worksite shall cleanup and remove trimmings and debris.

h. All areas shall be left clean and free of debris at the close of each day's operation.

Work shall not start before 7 AM or continue past 6 PM. No work is 10 be scheduled on weekends or national holidays without prior approval of the Director.

i. All debris shall be properly disposed of offsite and at the contractor's expense.

9. ROOT PRUNING

a. Before starting any work below ground level, the Contractor shall contact Underground Service Alert at 1-800-422-4133. Contractor shall make sure utilities are located in the area and arrange his work so as not to damage any utility services

b. Root pruning consists of cutting the roots vertically with a power root cutter, along a straight linear plane, usually along the curb and sidewalk and adjacent to the tree to an 18" depth.

c. Extreme care should be taken to prevent damage lo landscape, irrigation, structures, obstacles, individuals, or private property.

d. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. The sprinkler system shall be verified as operational, with any damage repaired within 24 hours.

10. WORK SCHEDULE

a. Work will be assigned and completed on a monthly basis.

b. Contractor will secure a list of tree maintenance locations from the Public Works Department during the last week of the month that identifies work assignments for the following month.

c. Contractor shall keep the Public Works Department informed of their progress at all times.

d. Hours of normal operations:

1. All work performed in the City, other than emergencies, shall occur between Mondays and Fridays from 7 AM to 5 PM. Exceptions may be made to normal working hours, where incidences of use or traffic may he too great during the hours specified to allow for proper contract performance.

2. Work shall not occur, unless it is an emergency, on the weekends or holidays without prior approval from the Director.

3. Work that generates excess noise and would cause annoyance to residents of any area shall not be commenced before 7:00 AM. Contractors shall establish a schedule of routine work to be followed in the performance of this contract.

e. Upon submission of each monthly invoice during the term of this contract the contractor shall submit to the Director a report describing in detail all work performed during the previous month. Said report shall be in a form easily transferred or downloaded into the City of Buena Park Urban Forestry Database and include the following:

1. Date the work was performed.

2. Tree address and location.

3. Tree species (within attribute range).

4. Diameter of trunk at breast height (within attribute range).

5. Tree height (within attribute range).

6. Tree condition (within attribute range).

7. Any visible decay, conks or hazardous condition.

11. Assembly Bill 73

a. The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, '·...every person planning to conduct any excavation is required to contact a regional notification center at least 2 days prior to excavation ..."

b. Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed or otherwise displaced by means of tools, equipment, or explosives in any of the following ways:
grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe and driving, or any other way.

c. The regional notification center is Dig Alert at (800) 227-2600.

12. CONTRACTOR LIABILITY

a. The Contractor will be held responsible for the preservation of all public and private property along and adjacent to the work being done, and will be required to exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of his operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks , walls, structures, stairways, sprinklers or any other property, shall be adequately protected and should not be removed or disturbed without permission from the City. Any damages resulting from Contractor neglect shall be repaired/replaced at the Contractor's own expense.

b. Such repairs and/or replacement shall be performed by the Contractor at no cost to the City, and shall be accomplished as directed by the Director or his representative. Repairs shall be made immediately after damage or alteration occurs. Deductions shall be made from the Contractor's payment in the amount necessary to compensate the City for such repairs in the event such repair work is done by City forces or another source.

c. Irrigation damage shall be repaired or replaced within the following time limits:

1. Mainline irrigation breaks shall be repaired within two (2) hours.

2. All other irrigation repair and/or replacement shall be completed within 24 hours.

d. All damages to turf, ground cover, shrubs or trees shall be repaired or replaced within 48 hours.

1. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair. Prior to trimming or removing any trees in large turf areas, the Contractor is required to lay down ¾ inch thick plywood sheets or approved equal to protect turf from damage and settling from vehicles traffic. Plywood is to be removed immediately after the completion of work. No plywood or mats are to be left more than 5 hours on turf to prevent turf burn or compaction. Any physical damages incurred by the Contractor to private or public property shall be corrected by the Contractor in a manner and within a time period dictated by the Public Works Department. Failure by the Contractor to make such corrections may result in the City causing said corrections to be made and deducting the cost for the same from payments due the contractor for work performed. An additional 20% penalty charge shall be added as compensation to the City of overhead cost incurred in causing said connections to be made.

2. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Director.

3. Damage to shrubs may be corrected by appropriate pruning, however, if in the opinion of the Director the damage is severe, the shrub shall be removed and replaced with the same variety and size.

4. Damage to trees shall be addressed in the following manner:

a. Trees in the contract area may be checked before contract work begins, and random checks may be carried out during the contract period.

b. The Contractor should inspect all trees for existing damages prior to conducting any work activity in the assigned project area.

Observed tree damage shall be documented by memo to the assigned area inspector.

e. Any damage to public or private property shall be reported to the City within one (1) hour.

f. All work shall be inspected, verified, and completed to the satisfaction of the Director, or his authorized representative.

13. UNAUTHORIZED REMOVALS

Unauthorized tree removals will incur the following penalties:

a. Under 12" diameter ................................ . $ 1,200.00 b. 12" to 36" diameter ................................ . $ 2.400.00 c. 36" diameter or greater. ......................... $ 3,600.00

14. PUBLIC RELATIONS

a. Contractor shall maintain good public relations at all times. The work shall be conducted in a manner that will cause the lease possible interference or annoyance to the public.

b. Contractor shall have the duty to purchase door hangers, acceptable to the City, and distribute to residents where tree maintenance is planned 72 hours prior to the work being completed.

c. The door hangers shall be printed in English on one side and Spanish on the other side.

15. INSPECTIONS

a. Inspections will be performed at times mutually agreed upon by the City Inspector and the Contractor representative. The inspector may make random visits when the Contractor is working in a specific area at his discretion.

b. All inspections called for by the Contractor shall be requested at least forty- eight (48) hours prior to the anticipated inspection.

c. All work shall meet the approval of the Director or his designated representative, or is rectified by the Contractor to a condition that does meet this acceptance. Corrective action shall be performed at no additional cost to the City.

d. If the Contractor calls for inspections and is not ready for the inspections, the Contractor shall be back charged at the hourly rate, including travel time, for all members of the team of inspectors involved.

16. HAZARDOUS CONDITIONS

a. It shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction.

b. Contractors shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas, using barricades or traffic cones to alert persons of the existence of hazards so as to protect all persons from injury.

c. Contractors shall inspect all work sites for hazards, or potential hazards, prior, during and after performing the required work.

d. During the required inspection of all work sites for hazards, or potential hazards, the Contractors shall keep a log indicating the date the area was inspected, any unsafe conditions, and the action taken.

e. Contractors shall cooperate fully with the City of Buena Park in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Director within five (5) days following the occurrence.

17. SAFETY

a. Contractors shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation: to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; furthermore, to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to OSHA and CAL-OSHA.

b. The Director, or his representative, reserves the right to issue restraint, or cease and desist orders, to the Contractors when unsafe or harmful acts are observed or reported relative to the performance of work under this contract.

c. Contractors shall so conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as deemed necessary by the Director. The Contractor must abide by the provisions of the "2012 WORK AREA TRAFFIC CONTROL HANDBOOK" published by Building News, Inc., 1612 S. Clementine St., Anaheim, CA 92802, (800)873-6397.

d. High Level Warning Devices provide advance warning of a work area by being visible to a driver even when the work area is obstructed from view by vehicles

or construction equipment.

1. High Level Warning Devices shall be at least 9 feet high with legs, base, or truck mounting designed to resist overturning in brisk winds.

Sandbags may be used to add weight to the base or legs. High Level Warning Devices shall be equipped with a yoke at the top to accommodate at least three flags. Flags shall be fabricated of high visibility orange material and equipped with stays to keep flags extended.

Torn or dirty flags shall be immediately replaced.

2. The warning signs are intended to be permanently mounted to the High Level Warning Device . These signs must be approved by the proper authorizing agency. When required, all signs must be provided, installed and maintained by the Contractors. No signs or supports shall bear any commercial advertising. These warning signs shall be high visibility orange material with black lettering.

3. High Level Warning Devices shall be used where indicated by the Director, such as, at street approaches to locations where construction or maintenance work is being performed within or immediately adjacent to a traffic lane.

e. Signs shall be installed immediately before work is to commence and must be removed immediately after work is complete. The location of the signs will depend upon alignment, grade, location of street intersections, and posted speed limit. Signs shall face and be visible to oncoming traffic and be mounted so as to resist displacement. The center of the warning sign shall be at least 4 1/2 feet above the roadway. The Advance Warning signs shall be located on the right hand side of traffic lanes. On divided roadways, supplemental Advance Warning signs shall be placed on the divider.

18. CONTRACTOR STAFF

a. Contractors shall furnish sufficient supervisory and working personnel capable of promptly accomplishing all work on schedule and to the satisfaction of the Director.

b. Contractors shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed who are capable to communicate efficiently both in written and oral English, and discuss matters pertaining to this contract. Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work which will be acceptable to the Director. Any order or

communication given to the supervisor shall be deemed as delivered to the Contractor.

c. Contractors, and their employees, shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. The Director may require a Contractor to remove from the work site any employee(s) deemed c areless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City of Buena Park.

d. Contractors shall require each of his employees to wear basic public works working attire. These are basically proper boots, and other gear required by State Safety Regulation, and proper wearing of the clothing. Shirts shall be worn and buttoned at all times; safety vests are required when indicated by the Work Area Traffic Control Handbook, or the Director.

e. The Director may require the Contractors to establish an identification system for personnel assigned to service this Agreement which clearly indicates to the public the name of the Contractor responsible for the tree maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director.

19. OFFICE STAFF

a. Contractor shall have a responsible person(s) with the ability to take necessary action regarding all inquiries and/or complaints received from the City of Buena Park or the Director.

1. This person(s) shall be reachable twenty-four (24) hours per day.

2. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractors are notified of any communication within one (1) hour after receipt of said communication.

3. The telephone number(s) of the Contractor or responsible person(s) of the Contractor shall be a toll-free number for the City of Buena Park.

4. During normal working hours, the Contractor and/or supervisors who are responsible for providing tree maintenance services, shall be available for notification through pager, cellular telephone and/or radio communication.

20. STORAGE FACILITIES

The City of Buena Park shall not provide any storage facilities for the Contractors.

21. SIGNS

a. Contractors shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the Director.

b. Contractors shall, at all times, remove all unauthorized signs and advertising matter from trees receiving maintenance.

22. NON-INTERFERENCE

Contractors shall not interfere with the public use of the premises, and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the public, nor disrupt the peace and quiet of the area within which the services are performed.

23. PARKING

a. Contractors shall park his vehicles and equipment within designated parking areas or in such a location to insure normal vehicular traffic.

b. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA.

c. The City of Buena Park will not allow the Contractor to park or store any equipment or materials, used in the performance of this contract, in the City right of-way or on City property.

24. GENERAL CLEAN-UP

a. The Contractor shall promptly clean all job sites when work is completed, including the raking of leaves, twigs, and other debris generated from their operation, from the lawn, sidewalk and parkway and sweep the street.

b. Each day's scheduled work shall be completed and cleaned up prior to the Contractor vacating the work site. Under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight.

25. AERIAL UTILITIES

a. Contractor shall trim limbs a minimum of five (5) feet from street lights.

b. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z 133.1-1988. Safety Requirements.

c. The contractor shall exercise precautions as necessary when working adjacent

to aerial utilities. In the event that aerial utility wires present a hazard to the contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company.

26. TEMPORARY "NO PARKING" SIGNS

a. During tree trimming operations, the contractor shall post "No Parking" signs forty-eight (48) hours in advance of commencing work and they shall be placed at regular intervals 150 feet in advance and 150 feet beyond the restricted area.

b. All costs for furnishing, posting and maintaining temporary “No Parking" signs shall be included in the various bid items and the Contractor shall be awarded no additional compensation for performing this function.

c. "No Parking" signs shall be supplied by the contractor and be constructed as follows:

1. Minimum size 9" x 12"

2. Color shall be red on white background.

3. Markings and materials will be suitable so as to withstand exposure to inclement weather.

4. Lettering size shall be a minimum of 1 /2" in height.

5. Sign shall be approved by the Parks, Recreation and Community Services Director prior to placement.

d. The following information will appear on each posted "No Parking" sign:

1. "Temporary No Parking", "Tow Away". "By Order of the Police Department".

2. Date(s) sign is in effect.

3. Time period sign is in effect.

4. Reason for posting (Tree Trimming).

5. Date and time the sign was posted.

e. Signs shall be posted conspicuously so as to allow unobstructed visibility of oncoming traffic and to the operators of vehicles parked in the restricted

areas.

f. Signs shall not be posted more than 50' apart.

g. Signs shall not be posted on private property.

h. Signs shall be posted within the parkway area or as close to the roadway as practical.

1. Signs shall be posted at the height so as to be visible over parked vehicles, but not higher.

J. Signs shall be securely fastened but in such a manner as to not damage the item to which they are affixed.

k. Signs may be posted on any standard or tree within the parkway, except that in the absence of such items, signs may be attached to traffic barricades.

27. REMOVAL OF BRUSH, DEBRIS AND ALL EQUIPMENT

It shall be the responsibility of the contractor to ensure that the street, parkway, sidewalk, and slope areas of all property shall be left free of debris and equipment.

This includes, but is not limited to cones, signs, dumpsters. safety devices, and all heavy and light equipment and vehicles, which shall be removed at the close of each day's operation. With the exception of the actual work performed, all sites shall be in their original condition at the conclusion of each working day. An exception to this paragraph is if the homeowner desires that the wood be cut up and left in the parkway. If this is the case, Contractor will cut up wood and stack in parkway.

28. EMERGENCY CALLS FOR TREE SERVICE

a. The Contractor shall have the capability to receive and to respond immediately to call of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.

b. The Contractor shall have the duty to respond to emergency calls within two (2) hours from time of notification.

c. Contractor must designate a person within his company who will respond to emergency calls 24 hours a day.

d. Contractor shall submit telephone number(s) to the City that can be used to obtain emergency service on a twenty-four (24) hour basis. The Contractor's name and telephone number will also be listed with the Police Department.

e. Upon arriving at any emergency situation it shall be the responsibility of the Contractor to eliminate all unsafe conditions that would adversely affect the health, safety or welfare of the public.

f. Failure to respond within two (2) hours of attempt to contact may result in a $200 penalty per incident. Failure to respond to an emergency at any level will subject Contractor to any primary or secondary cost arising from said emergencies.

29. EXTRAORDINARY SERVICES

a. Contractors may be responsible for providing extraordinary tree maintenance services

1. Extraordinary tree maintenance shall include answering emergency calls as required. Contractors shall respond to an emergency call within two (2) hours. Contractors shall maintain a 24 hours per day on -call service for emergency calls.

2. The Contractor shall notify the Director of Public Works or his representative by telephone within 24 hours of any emergency extraordinary work that is performed. Non-emergency extraordinary work requires written approval before the work is performed.

3. Contractors shall be compensated for extraordinary work as defined in the Schedule of Compensation.

b. In situations involving emergency repair work after normal work hours, Contractors shall dispatch qualified personnel and equipment to reach the site within two (2) hours.

1. The Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic.

2. When the work site Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair on a temporary/permanent basis.

c. If a City Representative is still at the site when the Contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with that responsible person.

1. If the repair will take only a few minutes, the City Employee may stay to continue to direct traffic while the Contractor makes the repairs.

2. If the repair will take longer than the City Employee can wait, the Contractor shall immediately set up temporary traffic control devices

and all other necessary warning devices and relieve the City Representative.

d. The following individuals or agencies may call an emergency at any time for extraordinary services involving emergency work:

1. City Manager

2. Public Works Manager / Operations Manager

3. Director of Public Works

4. Facilities/Parks Maintenance Superintendent

5. Streets Maintenance Superintendent

6. Orange County Sheriff Department

7. Orange County Fire Authority

e. The following emergency phone numbers are listed for the convenience of Contractors.

Orange County Fire Authority…………………………(714) 573 6000
Orange County Fire Authority (Emergency)………………………..911
Orange County Sheriff Department (Dispatch)…….(949) 770-6011 Orange County Sheriff Department (Emergency)…………………911

30. INTENTIONALLY DELETED.

31. INTENTIONALLY DELETED.

32. METHOD OF PAYMENT

a. The Contractor will be paid monthly for satisfactory work performed under this contract.

b. On or about the first of each month the Contractors shall submit an invoice and all reports required in the Agreement for work performed in the prior month.

1. This invoice shall be in accordance with the schedule of compensation and shall become the basis for payment.

2. This invoice shall be subject to review and approval by the Director.

3. All submitted invoices, approved by the Director, shall require a minimum of three (3) weeks for processing by the City of Buena Park Finance Department.

4. The City shall not pay any charges in the invoice not approved by the Director.

5. Along with the invoice the Contractor shall provide a monthly green waste report. This report shall describe how much green waste was generated, where it was disposed of, and how much was recycled.

6. The monthly invoice should also include the tree inventory database update for all trees serviced and billed during the month. The tree inventory database shall be in the format submitted in the Proposal by the Contractor and accepted by the City.

33. DISCREPANCIES OR OMISSIONS

Should Contractor find discrepancies or omissions in the plans, specifications or other documents, or be in doubt as to their true meaning, Contractor may request a written interpretation from the Director of Public Works.

34. MINOR MODIFICATIONS

The Director may modify these specifications with the joint approval of the Contractor.

35. CONTRACTOR NONCOMPLIANCE

a. If the Director determines that there are deficiencies in the performance of this Agreement, the Director will provide a written notice to the Contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies.

This time frame shall be reasonable, as determined by the Director, to correct the specified deficiencies.

b. Should the Contractor fail to correct any deficiencies within the stated time frame, the Director may exercise the following measures:

1. Deduct from the Contractor's payment the amount necessary to correct the deficiency, including City overhead.

2. Withhold the entire or partial payment.

3. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead.

4. Deduct liquidated damages.

a. Since it is difficult to determine the extent of actual damages which result from failure to correct a deficiency within a stated time frame; a reasonable estimate of such damages shall be set at $100 per day, or a portion thereof for each deficiency which exceeds the stated time frame for correction.

b. This amount shall be deducted from the Contractor's payment.

c. The action above shall not be construed as a penalty but as an adjustment of payment to the Contractor to recover City of Buena Park cost due to the failure of the Contractor to complete or comply with the provisions of this Agreement.

d. The Director shall decide all questions that arise as to the manner of performance and completion per schedule, acceptable
fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources.

e. In addition to the provisions of Section 36 (b), in the event of a failure to correct a deficiency, or for any other breach of this Agreement by the Contractor, the City of Buena Park may immediately terminate this Agreement.

36. PAYMENTS WITHHELD

The City may withhold the entire or partial payment for the following reasons:

a. Work required in the specifications that are defective, incomplete or not performed.

b. Claims filed as a result of the Contractors work or reasonable evidence indicating probable filing of claims.

c. Failure of the Contractor to make payments properly for materials and/or labor.

d. A reasonable doubt that the contract cannot be completed for the remaining balance.

e. Reports, logs, or other contractual written documentation required of the Contractor to be delivered to the Director which is/are incomplete or not performed.

37. WITHHELD CONTRACT FUNDS

The Contractors may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the contract. Such securities shall be deposited with the City or with a State or Federally Chartered Bank as escrow agent who shall pay such monies to the Contractors upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

Securities eligible for investment under this section shall include those listed in Public Contract Code Section 22300.

38. CONTRACT TERMINATION

a. The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause after thirty ( 30) days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the purchase order form.

b. In the event of such termination, the bonds required shall remain in effect for six (6) months after the date of termination to provide surety that any remedial work required at the time of termination will be completed.

c. If the Contractor fails to meet the specifications of this contract for any fifteen (15) days, consecutive or non-consecutive, the City may at its option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect three (3) days after such notice is mailed.

39. COMPLAINTS FROM CITY

a. The Contractors shall maintain a monthly written log of all complaints which includes the date and time received and the action taken or the reason for non-action. The monthly log of complaints shall accompany the monthly invoice.

b. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours. All complaints shall be abated to the satisfaction of the Director.

c. If any complaint is not abated within 24 hours , the Director shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director within five (5) days.

d. If the complaints are not abated within the time specified, or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City of Buena Park shall be deducted and forfeited from the payments owing to the Contractor from the City of Buena Park.

40. HOLD HARMLESS REQUIREMENTS

a. Contractors shall indemnify, hold harmless, and defend the City of Buena Park, the Public Works Department, its officers, elected officials and employees, from and against all claims and demands for loss or damage to any person or property arising out of, or in connection with, the performance of the Contractor pursuant to this Agreement, and reimburse the City for all

costs and expenses, including reasonable attorney's fees, incurred in connection with the defense of any such claims and demands.

b. Contractors shall obtain, at its own cost, a policy or policies of liability insurance of the type required by the Agreement and satisfactory to the City.

41. INDEMNIFICATION

a. Contractors shall act under the contract as an Independent Contractor through the City of Buena Park and will not be an agent, or employee of the City.

b. Contractors shall not represent, or otherwise hold out itself, or any of its Directors, Officers, Partners, Employees or Agents, to be an Agent or Employee of the City.

c. Contractors shall indemnify and otherwise hold harmless the City, its officials, officers, Directors, Employees, Agents and other representatives, from all liability, loss , or damage (including reasonable attorney's fees and other costs of defense resulting from damage or injury to persons or property caused, or claimed to have been caused, by acts or omissions of the Contractor, or of any of its Subcontractors, Directors , Officers, Partners, Employees, or Agents in the course of/or in connection with, the Contractor's performance under the contract).

d. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.

42. ASSIGNMENT OF CONTRACT

a. Contractors shall not assign, transfer, convey or otherwise dispose of this contract, or of his rights of interests in or to the same or any part hereof, without the previous consent in writing of the City. If the Contractor, without such previous written consent, assigns, transfers, conveys, or otherwise disposes of the contract, or of his rights or interests therein, the contract may, at the option of the City, be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations arising out of the same to the Contractor, and to his assignee or transferee. No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof unless authorized by the written consent of the City of Buena Park.

b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of the Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of the Contractor, shall be construed as an assignment of this Agreement. Control

means fifty percent (50%) or more of the voting power, or twenty -five percent (25%) or more of the assets of the Corporation, partnership or joint venture.

c. The Contractor shall not employ any subcontractors unless specifically authorized by the City of Buena Park.

43. COMPLIANCE WITH THE LAW

a. Contractors agree that their performance under this contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange. the City of Buena Park and any other political entity having jurisdiction over the activities of the Contractors.

b. No Proposal may be considered from a Contractor who, at the time the Proposals are due, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required. the decision of the Contractor's State License Board shall prevail. This requirement is not a mere formality, and it will not be waived by the City. The classification of Contractor's license required in the performance of this Contract is a California Tree Service Contractors License - C6 I, D49 or C27.

44. PAYROLL

a. Section 1776, Chapter 1 of Division 2, from the California Labor Code requires that each Contractor and Subcontractor keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him.

b. The employee's own payroll records shall be available for inspection, and a copy shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standard.

c. Pursuant to Labor Code Section 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with the applicable collective bargaining agreements filed with the Department of Industrial Relations.

45. LABOR STRIKE

a. It shall be the responsibility of each Contractor to provide continuous tree maintenance services, without any interruption.

b. In case of any labor strikes, the Contractors shall provide other means, at its own cost, to provide a comparable continuous service as if there were no strike.

c. Failing to do so will cause the City to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor.

46. LABOR STANDARDS PROVISION

The Contractor shall hire and maintain for the duration of the contract, a workforce as required under the specifications and pay at a prevailing wage for the work.

a. The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Buena Park Public Works Department or online at http://www.dir.ca.gov/dlsr. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions. which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

b. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1 , Articles 1 and 2, the contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages.

Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Buena Park, 6550 Beach Blvd., Buena Park, CA 90620 and are available to any interested party on request.

Pursuant to provisions of Labor Code Section 1775, the contractor shall forfeit. as penalty to City not more than fifty dollars ($50) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.

c. Hours of Labor - Eight (8) hours of labor shall constitute a legal day's work for all workman employed in the execution of the contract, and the contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in

Division 2, Part 7. Chapter 1 , Article 3, of the Labor Code of the State of California as amended.

The contractor shall forfeit, as a penalty to City fifty dollars ($50) for each labor, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said labor, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code.

d. Travel and Subsistence Payments - The Contractor shall pay travel and subsistence payments to workmen needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8.

e. Worker's Compensation - In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure payment of Worker's Compensation to his employees. The Contractor shall supply the certificate required by Section 1861.

f. Apprentices - Pursuant to Sections 1777.5 and 1777.6 of the Labor Code, and in accordance with regulations of the California Apprenticeship Council (see Title 8. California Administrative Code, Sections 18000 et seq.) and local apprenticeship standards for the craft or trade, properly indentured apprentices may be employed in prosecution of the work. They must so be employed by any contractor or subcontractor employing workmen in any apprenticeable craft or trade; i.e.. a craft or trade determined to be an apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council.

Special attention is directed to that portion of Section 1777.5 of the Labor Code which requires such a contractor or subcontractor to obtain from the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the contract work , a certificate approving the contractor or subcontractor for the employment and training of apprentices in such area. Upon issuance of said certificate, the contractor or subcontractor, unless exempt pursuant to Section 1777.5 of the Labor Code, shall employ the number of apprentices or the ratio of apprentices to journeymen fixed in the certificate.

If there is in the area of the site of the work a fund or funds to administer and conduct the apprenticeship program in any apprenticeable craft or trade, to which fund or funds other contractors in the said area are, but the contractor or subcontractor is not contributing , the contractor or subcontractor shall contribute to said f und or funds in the same manner, amount, or upon the same basis as the other contractors do.

For willful failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be denied the right to bid on a public works contract for a period of twelve (12) months from the date the determination is made.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, State Building Annex, 455 Golden Gate Avenue, San Francisco, or from the Division of Apprenticeship Standards and its branch offices.

47. LABOR DISCRIMINATION

a. Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643. Statutes of 1939, which reads as follows:

"No discrimination shall be made in the employment of persons upon Public Works because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Sect ion 12940 of the Government Code, and every Contractor for Public Works violating this section is subject to all the penalties imposed for a violation of this chapter".

b. A copy of the Certification of Non-Discrimination by Contractors as provided with this specification shall be executed by each Bidder and submitted with his Proposal and bidding documents.

48. APPRENTICESHIP STANDARD

Where required under law, the prime Contractors on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code.

49. PATENTS

Contractors shall assume all responsibilities arising from the use of patented materials. equipment, devices, or processes used on, or incorporated in the work.

50. ANTI-TRUST CLAIMS

In entering into a Public Works contract, or a subcontract to supply goods, services, or materials, pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and

Professions Code), arising from the purchases of goods, services, or materials pursuant to the Public Works contract or subcontract. This assignment shall be made and become effective at the time the awarding body tender’s final payment to the Contractor, without further acknowledgment by the parties

51. NOTICES

a. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person, shall be in writing and either served personally, sent by prepaid, first-class mail, or by facsimile followed by mailing of said notice.

b. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party, shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address.

c. Notice shall be deemed communicated two (2) City working days from the time of mailing if mailed as provided in this paragraph.

d. Address for notification:

City of Buena Park Public Works Department
Attn: Joe Hunt, Public Works Manager
6550 Beach Blvd.

Buena Park, CA 90620
Phone# (714) 562-3652
E-mail: [email protected]

November 12, 2025

CONSENT CALENDAR
Item No. 4G.

City Council Agenda Report
AMENDMENT NO. 3 TO A PROFESSIONAL SERVICES AGREEMENT WITH ALLIED UNIVERSAL FORJANITORIAL 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. 3 to Professional Services Agreement with Allied Universal ('Allied') of Santa Ana, California, to provide janitorial services at City facilities for calendar year 2026 in the amount of $384,960; 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 City Clerk to execute the amendment.

PREVIOUS CITY COUNCIL ACTION
On October 25, 2022, the City Council approved a one-year professional services agreement with Allied with four (4) potential one-year extensions to provide janitorial services at City facilities in the amount of $342,720.

On December 1, 2023, the City Council approved Amendment No. 1 to the Agreement for calendar year 2024 in the amount of $356,215.

On December 10, 2024, the City Council approved Amendment No. 2 to the Agreement for calendar year 2025 in the amount of $370,342.92.

DISCUSSION
In August 2022, the City issued a formal Request for Proposals (RFP) for janitorial services. The RFP opportunity was posted on the City's bid portal, PlanetBids, and posted in the City's designated public posting locations. Six (6) proposal responses were received from the following vendors: Allied Universal Janitorial ("Allied"); Base Hill, Inc.; Coastal Building Services; Dynamic Building Maintenance; Green Global Environmental; and Servicon Systems. The proposals were initially reviewed by the Purchasing Manager for responsiveness. The proposals were then evaluated by an evaluation committee ('Committee') comprised of internal subject matter experts in accordance with the evaluation criteria set forth in the RFP.

The top three ranked ﬁnalists were invited to give presentations to the Committee and also invited to submit a Best and Final Offer (BAFO) for pricing. In ranking order the ﬁnalists were: Allied, Servicon Systems, and Base Hill.

Reference checks were performed and ﬁnancial documents were reviewed by the City's Director of Finance. The ﬁnal ranking was completed and the Committee presented a unanimous recommendation for award. Based on receiving the highest overall scoring in accordance with the evaluation criteria set forth in the RFP, the Committee recommended awarding an agreement to Allied.

The original agreement was in the amount of $342,720 ($28,560 per month) during the ﬁrst year. The agreement included provisions for four (4) additional one-year extensions for a potential total term of ﬁve years.

Staff recommends approving a one-year extension of the agreement with a 4% increase, resulting in a new monthly rate of $32,080, or a total of $384,960 for the 2026 calendar year.

BUDGET IMPACT
The cost of this agreement is $384,960 annually, a 4% increase from last year. This results in a monthly cost of $32,080. There are adequate funds in the General Fund and Facility Maintenance Fund to pay for janitorial services through the term of the current adopted budget.

Attachments
Amendment #3 to PSA with Allied JH.pdf
Exhibit A - Allied 2026 Janitorial Proposal.pdf
PAGE 1 OF 2

CITY OF BUENA PARK
Department of Public Works

Amendment No. 3 to Professional Services Agreement No. 22-32

PROJECT NAME: Janitorial Services at City Facilities

SCOPE OF WORK: Provide the City of Buena Park with janitorial services

CONTRACTOR: Allied Universal
1815 E. Wilshire Avenue, Suite 912
Santa Ana, CA 92705

This Amendment No. 3 to Professional Services Agreement No. 22-32 is dated November 12, 2025, (“Amendment No. 3”), and is between the City of Buena Park, a California municipal corporation (“CITY”) and Allied Universal, a limited liability company (“CONTRACTOR”). CITY and CONTRACTOR 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 No. 22 -32 dated October 25 , 202 2, (the “ Agreement”), pursuant to which CITY contracted with CONTRACTOR to provide the “Services” defined in the Agreement;

WHEREAS, the Parties previously entered into Amendment No. 2 to the Agreement (“Amendment No. 2”) to extend the duration of the Agreement for an additional year now scheduled to expire on December 31, 202 5, and to update the compensation to be paid CONTRACTOR during the extended term; and

WHEREAS, the Parties by now desire to again extend the term of the Agreement for one (1) additional year subject to the terms and conditions set forth in this Amendment No. 3.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. EXTENSION OF TERM. The term of this Agreement as specified in Section 4.0 and extended by Amendment No. 1, is hereby further extended for one additional calendar year commencing on January 1, 2026 (“Effective Date”), and expiring on December 31, 2026, unless extended upon the mutual written agreement of the Parties or earlier ter minated pursuant to Section 10 of the Agreement.

2. COMPENSATION: Commencing the Effective Date of this Amendment No. 2, the provisions of Section 5.0 (COMPENSATION) of the Agreement as modified by Amendment No. 1 shall be deleted and replaced with the following:

5.0 COMPENSATION.

As full and complete compensation for the Services provided by Contractor during the term of Amendment No. 2, City shall pay Contractor the total “NOT -TO-EXCEED” monthly amount of $32,079.98, for a the total NOT -TO EXCEED” compensation to be Contractor during the one year term of this Amendment No. 2 equaling the amount of $ 384,960. 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 PAGE 2 OF 2
compensated at the rates set forth in Exhibit A to Amendment No. 3, or if not specified, at a rate agree to by the Parties. The City shall make payment for additional services and expenses in accordance with Section 6.0 of the Agreement.

3. PRICING EXHIBIT SUPERSEDED. The Contractors’ Proposal BAFO Pricing Form attached to the Agreement as Exhibit “B”, and replaced by Amendment No. 2, is replaced and superseded by the pricing sheet attached as Exhibit “A” to this Amendment No. 3.

4. AGREEMENT INCORPORATED. Except as expressly modified and amended by this Amendment No. 3, all terms and provisions of the Agreement shall remain unchanged, in full force and effect, and are incorporated fully herein by this reference.

CITY OF BUENA PARK CONTRACTOR 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

Attach Behind this Page: Contractor’s Job Cost Sheet for Buena Park dated January 1, 2026

1-Jan-26
Contact Name Joe Hunt
Company Name City Of Buena Park Police Department
Address 6650 Beach Blvd
City, State, Zip Buena Park, Ca 90621
Date 1/1/2026
Property Name City Of Buena Park Police Department
Address of Subject Property(s)6650 Beach Blvd
City, State, Zip Buena Park, Ca 90621
Total Montly Cost $8,276.82

BUILDING INFORMATION

DAY PORTER SERVCIES
7x a week servcies
1815 E. Wilshire Ave. Suite 912
Samta Ana, CA 92706

JOB COST SHEET
for
City Of Buena Park Police Department

CONTACT INFORMATION

November 12, 2025

CONSENT CALENDAR
Item No. 4H.

City Council Agenda Report
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR THE PEAK PARKWATER WELL PROJECT

PREPARED BY PRESENTED BY
Jason Tran, Associate Engineer Jason Tran, Associate Engineer

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

RECOMMENDED ACTION
1) Approve Amendment No. 1 to the Professional Services Agreement No. 23-17 with Psomas in the amount of $14,500; 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 City Clerk to execute the amendment.

PREVIOUS CITY COUNCIL ACTION
On September 12, 2023, the City Council approved Professional Services Agreement (PSA) No. 23-17 withPsomas for $904,756 to provide design and construction support services for the Peak Park Water Well Project.

DISCUSSION
The City currently has eight (8) water supply wells within City limits and has identified the need for one (1) additional water well to meet peak water demands. These wells serve as the City’s primary source of potable water, drawing from the lower Santa Ana Basin and providing water that does not require treatment. Several of the wells have been in operation since the 1960s and are reaching the end of their service life. Over the years, the wells have required periodic shutdowns for maintenance, repairs, and rehabilitation. During such outages, the City must rely on purchasing water from the Metropolitan Water District (MWD) to maintain adequate supply and pressure.

The design and construction of the new well are currently in progress. Staff recommends approving Amendment No. 1 to PSA 23-17 in the amount of $14,500 to increase the consultant’s scope of work. The additional services include preparing documentation required by the California Division of Drinking Water (DDW) for the new well and providing additional surveying services.

The amendment has been reviewed and approved by the City Attorney.

BUDGET IMPACT
Amendment No. 1 is in the amount of $14,500 and will be funded by the New Water Well Capital ImprovementProject Account (Accoun No. 52-9806-396859).

Attachments
Amendment No. 1 to PSA 23-17.pdf

Page 1 of 3 ends

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
No. 23-17

This Amendment No. 1 to Professional Services Agreement No. 23 -17 (“Amendment No. 1”) is dated November 3 , 202 5, and is between the City of Buena Park, a California municipal corporation (“CITY”), and Psomas, 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 September 12 , 2023 (the “ Original Agreement”), pursuant to which CITY contracted with CONSULTANT to provide professional design engineering and construction support services for the Peak Park Water Well Project, as such “Services” are more specifically defined in the Original Agreement;

WHEREAS, the Parties now desire to amend the Agreement to expand the Services to be provided by CONSULTANT under the Agreement and establish the compensation to be paid by CITY in exchange for the additional services.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. 2.

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

SCOPE OF SERVICES. In addition to the “Services” to be provided by CONSULTANT under the Agreement, CONSULTANT shall perform to CITY’s reasonable satisfaction those additional engineering and construction support services that are set forth in CONSULTANT's letter proposal dated September 2, 2025, attached this Amendment No. 1 as Exhibit “A” (“Additional Services”).

3. TIME OF PERFORMANCE . Consultant shall commence performing the Additional Services immediately upon receipt of a written notice from the City’s Designated Official and shall perform the Additional Services in a timely and diligent manner so as not to delay the overall project to which the Additional Services relate.

4. COMPENSATION. As full and complete compensation for CONSULTANT’s provision of the Additional Services under this Amendment No. 1 , including reimbursement of expenses if any , CITY, shall pay CONSULTANT at the hourly rates set for in Exhibit “A” to this Amendment No. 1 subject to the total NOT TO EXCEED amount of $14,500.00 (“Additional Compensation”). The Additional Compensation is in addition to the Compensation t hat is t o be paid by CITY under Section 5 of the Agreement in consideration for CONSULTANT’s provision of the Services , provided that the Additional Compensation shall be paid only in consideration for CONSULTANT’s provision of the Additional Services and shall not be reallocated to cover any cost overages for the Services, absent advance written approval from the City.

5. FEDERAL GRANT PROVISIONS.

(A) Clean Air Act ( 42 U.S.C. 7401 -7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 -1387), as amended . CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 42 U.S.C. 7401 - 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251 -1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(B) Debarment and Suspension (Executive Orders 12549 and 12689) . CONSULTANT agrees

Page 2 of 3 ends

6. that a contract award (see 2 CFR 180.220 ) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(C) Byrd Anti -Lobbying Amendment ( 31 U.S.C. 1352 ). CONSULTANT agrees that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352 . CONSULTANT and subcontractors of e ach tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

INCORPORATION. Except as expressly modified by this Amendment No. 1, all other terms and provisions of the Agreement shall govern and remain in full force and effect, being incorporated fully herein by this reference.

CITY OF BUENA PARK CONSULTANT
A Municipal Corporation
Psomas
Name of Business
BY:

Aaron France, City Manager
Signature

ATTEST:

Print Name
BY:

Adria M. Jimenez, MMC, City Clerk

APPROVED AS TO FORM:

BY:

Christopher G. Cardinale, City Attorney

Page 3 of 3 ends

Exhibit A
Additional Services

5 Hutton Centre Drive
Suite 300
Santa Ana, CA 92707

Tel 714.751.7373
Fax 714.545.8883
www.psomas.com
September 2, 2025

Mr. Jason Tran, PE
Associate Engineer
City of Buena Park
Department of Public Works
6650 Beach Blvd
Buena Park, CA 90621

Submitted via email to:
[email protected]

Subject: Engineering Design Services for New Water Well for the City of Buena Park - Additional Services (Amendment #01) – DDW
Documentation and Survey
Dear Mr. Tran:

We appreciate the opportunity to submit this propos al to provide additional construction support services including construction surveying s ervices and the preparation of documentation that will be requested by representat ives of the California Division of Drinking Water (DDW) District 8 for their assessmen t of the new Peak Park Well that is to be constructed in the City of Buena Park, (City).

Based on our referenced contract, dated September 1 2, 2023, preparation of the mentioned survey and DDW documentation were not inc luded in our original Scope of Services.

SCOPE OF WORK
The following scope of work items listed below are included in our project fee estimate except where noted.

Task 10 – Additional Services – DDW Documentation and Survey

Mr. Jason Tran
Engineering Design Services for New Water Well for the City of Buena Park - Additional Services (Amendment #01) – DDW Documentation and Survey

Page 2 ends

September 2, 2025
Task 10.1: Construction Staking Survey
Project Limits:

The limits shown below encompass what will be staked.

Horizontal and Vertical Control Survey
Psomas will use the established project survey control that was used during the initial design phase. For budgeting purposes, it assumes a 4 hour day minimum for field work, plus additional time for office calcs and field packages.

Deliverables: Survey Control Report spreadsheet in PDF format, Survey data in XLS format, Site photos in JPEG format, Field notes in PDF format Task 10.2 – DDW Documentation
Psomas will assist City staff in the preparation of preliminary DWSAP documents and a DDW setback checklist. City staff will submit and coordinate directly with DDW.

Exclusions:

The following items are not included in this scope but can be added as additional services, if required and/or requested:

Mr. Jason Tran
Engineering Design Services for New Water Well for the City of Buena Park - Additional Services (Amendment #01) – DDW Documentation and Survey

Page 3 ends

September 2, 2025
• Any permitting fees or traffic control required for surveying or other services • Subsurface and overhead utility investigation research and mapping • It is assumed that no significant infrastructure wi ll be discovered that will impede the future health and safety of the well, which wou ld require additional documentation, i.e. a letter of variance or additional figures FEE
Psomas proposes to complete the Scope of Work on a time and materials basis as an amendment to our current contract and as detailed below.

DDW DWSAP and Checklist $11,600
Construction Staking Budget $2,900

We are therefore requesting a budget increase of $14,500 to complete this additional work for the project.

Notice to Proceed Issued 09/12/2023 ......................................................... $904,756 .00 Amendment #01 dated 09/02/2025: ......................................................... + $ 14,500. 00 Revised project authorization: ................................................................... $91 9,256.00

Again, we appreciate the opportunity to present a proposal for this work. Our proposal is a firm offer for 90 days from the date of this letter. Please do not hesitate to contact either of us (Maira at (714) 481-8008 or [email protected] or Dan at (714) 481-8056 or [email protected] ) with any questions.

Respectfully,
PSOMAS

Maira Salcedo, PE Dan Flores, PE
Vice President Senior Project Manager

Mr. Jason Tran
Engineering Design Services for New Water Well for the City of Buena Park - Additional Services (Amendment #01) – DDW Documentation and Survey

Page 4 ends

September 2, 2025
Vice President
Maira Salcedo, P.E.

September 2, 2025
If you concur with the above recommendations, please sign below to acknowledge authorization for these services:
□ Proposal for Engineering Design Services for New W ater Well for the City of Buena Park - Additional Services – DDW Documentation and Survey
$14,500.00

City of Buena Park: Psomas:

Signature: Signature:

Name (Printed): Name (Printed):

Title: Title:

Date: Date:

November 12, 2025

NEW BUSINESS
Item No. 5A.

City Council Agenda Report

PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC FORTHE PREPARATION OF A BUILDING ASSET MANAGEMENT PLAN

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) with Veritas Technical Assessments, LLC in the amount of $202,121.24 for the preparation of a Building Asset Management Plan; 2) Appropriate $20,000 from the undesignated General Fund balance to the Building Asset Management Plan Project account; 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
None.

DISCUSSION
The City’s infrastructure and assets represent the residents and the community’s investments made over multiple generations. To ensure the continued provision of essential services to residents and the community, the City needs to effectively manage these valuable assets for both current and future needs.

The proposed Building Asset Management Plan will cover all City-owned buildings and facilities, including but not limited to City Hall and administrative offices, park buildings, recreation facilities, public restrooms, playground structures with bleachers, shade structures, historical and cultural properties, maintenance facilities, and storage/operational buildings.

Staff publicly solicited proposals on PlanetBids on September 18, 2025, and received one proposal on October 16, 2025. Following staff evaluations and reference verifications, staff recommends approving an agreement in the amount of $202,121.24 with Bureau Veritas Technical Assessments, LLC (Bureau Veritas). This firm has demonstrated their qualifications and relevant experience through similar projects completed for the cities of Anaheim, El Segundo, and Garden Grove.

Bureau Veritas will perform the following scope of work: data gathering, a project kick-off meeting, and field assessments of City-owned buildings and facilities. The assessments will include detailed evaluations of electrical systems, heating, plumbing, air conditioning/ventilation, life safety, fire protection, wall evaluation, roofing, elevator, interior elements, and other essential components.

In addition to the original scope of work, staff recommends the Barcode/QR code option offer by Bureau Veritas for an additional cost. Tagging essential equipment barcodes will enable work orders, equipment history, and related information to be recorded in a centralized database, allowing each record to be easily linked back to a specific piece of equipment or system.

The proposed agreement has been reviewed and approved by the City Attorney.

BUDGET IMPACT
This project (Account No. 11-9806-190068) is budgeted in the FY2025-2026 CIP budget, and will be funded by the General Fund.

The total cost for the agreement is in the amount of $202,121.24, including Barcode/QR code option. The cost of the agreement is shown below:

Building Asset Management Agreement: $195,313.60
Barcode/QR Code Tagging Option: $6,807.64
The CIP budget for this item is $200,000. A portion of this budget was previously utilized to cover a grant application related to asset resiliency, leaving an available balance of $185,000. The total cost of the agreement, including the Barcode/QR Code option, is $202,121.24. Staff is requesting appropriation in amount of $20,000 from undesignated General Fund balance to cover the funding shortfall for this project.

Attachments
Att 1of2_PSA.pdf
Att 2of2_RFP.pdf

PAGE 1 OF 19

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-37

DATE: November 13, 2025

SERVICES: Comprehensive Assessment and Develop
a Building Asset Management Plan

PROJECT: Friendship Park Improvement Project

PARTIES TO THE AGREEMENT:

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

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

“CONSULTANT”: Bureau Veritas Technical Assessments LLC, a California Limited Liability Company

Consultant
Representative: Name:

Erik Piller
Title: Executive Vice President
Tel.: (800) 733 -0660 ext 7292704
Email: [email protected]
SUMMARY OF TERMS:

Start Date: 11/13/2025

End Date: 06/30/2026

Contract Value: $202,121.24_______

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

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

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

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

( X ) City Council
Contract Value > $80,000

(“Levine Act Exhibit” Required)

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

PAGE 2 OF 19

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“ Agreement ”) is dated as of November 13, 2025 , between the City of Buena Park, a California charter city (“ CITY ”), and Bureau Veritas Technical Assessments LLC, a California Limited Liability Com pany (" 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 Nove mber 13, 2025 and shall remain in full force and effect until June 30, 2026 unless extended upon the mutual written agreement of the Parties or earlier terminated purs uant 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 inc rease 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 Agreem ent. 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 b y 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 Proce ed” 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 Performa nce in a timely and diligent manner reasonably acceptable to CITY.

4. COMPENSATION. The total compensation paid to CONSULTANT for com plete performance of the Services, including any authoriz ed reimbursable expenses, shall NOT EXCEED the total maximum sum of $202,121.24 (“ 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 No tice to Proceed, CONSULTANT shall submit an invoice to CITY for the Services performed and any authorized reimbursable expenses incurred in the immediately p receding 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 pe riod 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 19

5.2 Payment. CITY shall review all invoices and notify CONSULTAN T 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 mann er and according to the standards currently observed by a competent practitioner of CONSULTANT’s profession in California, and shall at all times, m eet or exceed any applicable professional standards of care, workmanship, or conduct. All pro ducts of whatsoever nature that CONSULTANT delivers to CITY pursuant to this Agreem ent shall be prepared in a professional manner and conform to the standards of quality norm ally observed by a person currently practicing in CONSULTANT’s profession. The acceptan ce 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 a ny 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 empl oyee of CITY under this Agreement, or be entitled to participate in any ins urance, 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 emp loyees, agents, or subcontractors providing Services under this Agreem ent, claims or is determined by a court of competent jurisdiction or the California Public Emp loyees 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 c ontributions, which would otherwise be the responsibility of CITY.

7.3 CONSULTANT represents that it has, or will secu re 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 ri ght 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 pag e of this Agreement shall have authority to administer t his 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 19

8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to a dminister this Agreement on behalf of CONSULTANT and to act, bind, and approve all matter s 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 c ease 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 ha zards to persons and property resulting from its operations. CONSULTANT shall immediately r eport 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 offi cials, 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, liti gation 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 Ag reement. 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 woul d not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.

10.2 Indemnification for Design Services (if applic able). 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 b y 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 willf ul 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 so le 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, materi almen, 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 d ecision 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 incurre d in connection with such defense.

PAGE 5 OF 19

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’ compens ation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless f rom 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 s eparate 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 express ly 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 a s a result of CONSULTANT’s failure to promptly pay CITY any obligation for rei mbursement 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, an d amounts that are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provid e 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 Of fice (ISO) Business Auto Coverage Form CA 00 01, which shall include coverag e for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).

.3 Workers' Compensation insurance as required by t he California Labor Code and Employer's Liability Insurance.

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.4 Professional Liability (Errors and Omissions) in surance appropriate to CONSULTANT’s profession. If such insurance policy is written on a claims-mad e form , t he retroactive date must be shown and must be before t he 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 occ urrence 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 creatin g a duty to defend against any suit seeking damages.

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

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

.4 Professional liability: $2,000,000 per claim, with an extended r eporting 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 th e “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and affor d 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 ins urance 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-insure d retentions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a fin ancial guarantee, satisfactory to the City Manager or his/her designee , guaranteeing payment of losses and related investig ations, claim administration and defense expenses . At no time shall CITY be responsible for the paymen t of any deductibles or self-insured retentions .

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

.1 Except with respect to Employer’s Liability or P rofessional Liability/E&O policies required by this 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 sha ll be primary to any other similar insurance carried by Additional Insureds. Any insu rance or self-insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.

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

The notice shall be provided via certified mail, re turn 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. Insuran ce must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination o f the Agreement or, in the alternative, the policy shall be endorsed to provid e 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 bu siness 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 e ndorsements, including an additional insured endorsement. The endorsements shall be on forms pro vided 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, CONSUL TANT 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 CI TY 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 pursu ant 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 li mits 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 CIT Y 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 un der this Agreement does not comply with these requirements or is canceled a nd not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessar y, and CONSULTANT shall promptly reimburse to CITY any premium paid by CITY.

.6 CONSULTANT shall provide immediate notice to CIT Y 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 a ny 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 S ervices by CONSULTANT to carry the same insurance as required in this Section 11. CONSULTA NT 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 res erve 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 insuranc e obtained in compliance with Section 11.8.

CITY’s failure to request copies of the documents s hall 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 a s CITY may require, furnish reports concerning the status of S ervices required under this Agreement.

CONSULTANT shall, upon request by CITY and upon com pletion 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 ot her 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 limitat ion upon their use, duplication or dissemination by CITY upon final payment being made. CONSULTANT s hall 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

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 t o 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 th is Agreement. CONSULTANT’s covenants under this Section 12.2 shall survive the expiratio n or termination of this Agreement.

13. CONFIDENTIALITY. During performance of this Agreement, CONSULTANT ma y gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, g overnmental affairs, processes, trade secrets, technical matters, systems, facilities, customer li sts, product design, copyright, data, and other vital information (hereafter collectively referred to as “ City Information ”) that are valuable, special and unique assets of CITY. CONSULTANT agrees to pro tect 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 addit ion, CONSULTANT shall comply with all CITY policies governing the use of CITY network and tech nology 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 r ecords 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 evaluati on of the Services. All such records shall be maintained in accordance with generally accepted ac counting 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 Cit y Representative, or his or her designees, and shall give the City Representative, or his or h er designees, the right to examine and audit such books and records and to make transcripts as n ecessary, 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 r eliance 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. A ny 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.

16.1 Right to Suspend. CITY shall have the right at any time to temporar ily 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 Agree ment at any time by giving a written notice of termination to CONSUL TANT. If CITY gives such notice of termination, CONSULTANT shall immediately cease ren dering Services pursuant to this Agreement. If CITY terminates this Agreement:

.1 CONSULTANT shall, not later than five days afte r 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 o f 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 CONSU LTANT 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 v alue of the Services render by CONSULTANT. The foregoing is cumulative and does no t affect any right or remedy that CITY may have in law or equity.

17. Conflicts of Interest. CONSULTANT shall comply with all applicable feder al, 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 Califo rnia 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 co nflict in any manner with the interests of CITY or that would in any way hinder CONSULTANT’s performan ce of Services under this Agreement.

CONSULTANT further covenants that in the performanc e 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 de posit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.

PAGE 11 OF 19

19. MISCELLANEOUS TERMS.

19.1 Exhibits; Precedence. All documents referenced as exhibits in this Agre ement 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 provisio ns 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 nuisanc e 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 an d 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 aris ing from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of Califor nia, 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 br each 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, p ower or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by CITY of any breach, any failure of a condition, or any right or remedy under this Agreement shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

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

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

PAGE 12 OF 19

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 referenc e 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 n ot exclusive; and (c) “includes” or “including” are not limiting.

19.14 Integrated Agreement and Modification of Agre ement. 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 CONS ULTANT 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 th is Agreement. No Party has been induced to enter into this Agreement by, nor is any Party rely ing on, any representation or warranty except those expressly set forth in this Agreement. This A greement 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 Ag reement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives.

[signatures of parties on follow page]

PAGE 13 OF 19

CITY OF BUENA PARK
a California municipal corporation
Bureau Veritas Technical Assessments, LLC
a California Limited Liability Company
Name of Business

Signature

Name: Aaron France Name:

Title: City Manager 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 19

EXHIBIT A

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

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

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

All services including Barcoding/QR Coding Option as described in the CONSULTANT’s Proposal for Professional Services for the Building Asset Management Plan, attached as “Exhibit A-1”.

CONSULTANT shall provide the Services within the ti mes and deadlines set forth in the Project Schedule that is included on Page 24 of the PROPOSAL.

Consultant shall be paid by labor hours and in a total not-to-exceed amount of $202,121.24 for full and complete performance of the Services, as described in the CONSULTANT’s Fee Proposal, 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 October 16, 2025, behind this page]

CITY OF BUENA PARK

RFP FOR BUILDING ASSET MANAGEMENT PLAN

TECHNICAL PROPOSAL
October 14, 2025 RFP Name
BUREAU VERITAS | ERIK PILLER
P (800) 733-0660 | [email protected]
October 14, 2025
City of Buena Park
Attn: Hyang Sun Lee
6650 Beach Boulevard
Buena Park, CA 90621
RE: Proposal for Building Asset Management Plan
Dear Ms. Sun Lee:

Bureau Veritas Technical Assessments LLC (Bureau Veritas or BV) is pleased to provide the City of Buena Park (“City”) with the enclosed proposal in response to the RFP for Building Asset Management Plan services. Bureau Veritas understands the requirements of the RFP and is qualified to perform the services.

Proven Experience | Facility Condition Assessments are one of the core services of Bureau Veritas. We have completed thousands of projects with more than 700 million square feet of space in the last five (5) years for Higher Ed, K-12, Public Housing, State and Local Government, and Parks and Recreation clients.

Highly Qualified Team | Bureau Veritas is an architecture and engineering firm focused solely on building lifecycle and capital planning studies, with more than 800 building professionals nationwide. Bureau Veritas has over 30 years of experience conducting Facility Condition Assessments. We have provided similar services for the following similar clients:
• City of Palm Desert, CA
• City of El Segundo, CA
• City of Palm Desert, CA
• Catalina Island, CA
• City of Escondido, CA
• City of Huntington Beach, CA
• City of Laguna Beach, CA
• City of Laguna Niguel, CA
• City of Menifee, CA
• City of Oceanside, CA
• City of Poway, CA
• City of Temecula, CA
• YMCA of San Diego County, CA
• Port of San Diego, CA
• Del Mar Fairgrounds, CA
• San Diego Housing Commission, CA
• City of Garden Grove, CA
• City of Santa Monica, CA
Bureau Veritas is committed to providing quality services, and consistently demonstrating our corporate commitment to quality, continual improvement, and client satisfaction. Bureau Veritas is not debarred, suspended, or otherwise prohibited from professional practice by any federal, state, or local agency.

The following pages detail our history, similar project experience, our key personnel and team, and our approach to your unique project. Bureau Veritas is committed to working with the City to provide the highest possible quality of service. We appreciate the opportunity to present our qualifications for this project and look forward to working with the City. I am available at (800) 733-0660, ext. 7292704 or [email protected] to further discuss our qualifications.

Sincerely,
Erik Piller
Executive Vice President
BUREAU VERITAS | ERIK PILLER
P (800) 733-0660 | [email protected]
A. Scope of Work ...............................................................................................................................1 B. Consultant’s Representative ...................................................................................................11 C. Project Team ................................................................................................................................12 D. References .....................................................................................................................................19 E. Schedule ........................................................................................................................................24 F. Budgets .......................................................................................................Under separate cover G. Subconsultant ..............................................................................................................................25

TABLE OF CONTENTS
BUREAU VERITAS | ERIK PILLER
P (800) 733-0660 | [email protected]
1 Project Understanding
BV understands that the Facility Condition Assessment (FCA) project with the City of Buena Park (“City”) will:
• Include a comprehensive assessment of all sites,
buildings, building systems, and infrastructure.
• Follow ASTM E2018-24 Standard Guide for Property
Condition Assessments, as applicable.
• Determine the present condition and estimated life
expectancy of various building systems and components.
• Identify and document present condition of all physical assets including grounds, facilities, and infrastructure. • Recommend corrections for all deficiencies and provide cost estimates for corrections.
• Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories.
• Establish anticipated renewal and replacement costs for the various systems and components.
• Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization.
• Calculate the Current Replacement Value (CRV) and
Facility Condition Index (FCI) for each facility.
• Establish a protocol for FCA data to migrate/transfer to a CMMS/IWMS system.
• Provide an overview of anticipated future maintenance staffing and fleet vehicle needs
• Collect Equipment Inventory and nameplate data for
City properties.
• Prepare a preventive maintenance plan for assets to be uploaded to a CMMS system.

We understand that a key factor to performing FCAs is the evaluation of physical needs and accurate forecasting
for capital repair and replacement budgets. Pre-emptive measures to manage maintenance budgets and programs
are essential in ensuring the elimination of potential issues, which can range from deferred maintenance, or premature replacement of building systems that can prove costly.

Data Gathering and Interview
Our project plan details three distinct phases of the project.

During each phase, we will require coordination and support from the City's facility management.

Data Gathering Phase – BV will need the support of staff who can provide us access to drawings and records. The
following is a typical list of exhibits requested.
• Inspection reports (sewer, boiler, chiller, etc)
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
• Original building plans (can be viewed on-site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan / floor plans
• Accessibility transition plans / studies
• CMMS / IWMS data set
In addition to the drawings and records, we will supply a pre- survey questionnaire for each facility or site. Our expectation is that someone with knowledge of maintenance and
operations of the facility will complete this survey and be prepared to discuss it with us while on-site.

Site Phase – BV will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.

Report Review Stage – BV will provide a complete
deliverable for each building.

BV will become familiar with the City's existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals.

Working with the City, we will develop procedures to gain Facility Access. Our visits will be coordinated and pre- approved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment.

Technical Approach
Prior to assessments, BV will conduct a Kick-Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports.

During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with
the entire project team and the City. BV will lead with an agenda that includes a focus on work plan, schedule,
A. SCOPE OF WORK
2 and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude
with task assignments, schedules, and goals to be met. BV will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.

BV has allocated time for regular teleconference meetings and the following in-person meetings: Kick-Off Meeting, Pilot Review Meeting, and a Final Findings Presentation meeting. Any additional in-person meetings will be on a time and expense basis.

PILOT PROGRAM
To begin the work, BV proposes a Pilot Program where we will perform an assessment of a single building and prepare a written Draft Report for review. A meeting will be held with the City staff to review the draft report before assessing the remaining buildings. BV’s Assessment Team will visit the building to evaluate the general condition of the buildings and site improvements, review available construction
documents in order to become familiar with, and be able to comment on the in-place construction systems, life safety, mechanical, electrical and plumbing systems, and the
general built environment.

FIELD ASSESSMENTS
The Assessment Team will conduct a walk-through
survey of the facility and site to observe systems and
components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.

As a part of the walk-through survey, the Team will survey 100% of each facility. BV will survey the exterior and
grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable.

They will interview the building maintenance staff about the property’s historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs
and replacements. The Assessment Team will develop
opinions based on their site assessment, interviews with the City's building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously
evaluated.

The Team may also question others who are knowledgeable of the property’s physical condition and operation or
knowledgeable of similar systems to gain comparative
information to use in evaluation of the subject property.

The Assessment Team will review documents and
information provided by the City's maintenance staff
that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in
identifying material discrepancies between reported
information and observed conditions.

The facility condition assessment will will include the City identified assets and will focus on the following facility and site systems and components:

Site + Infrastructure
• Topography: Observe general topography and note any
unusual or problematic features or conditions observed
or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property.
• Flatwork: Identify material flatwork at the property
(sidewalks, plazas, patios, etc.).
• Landscaping and Appurtenances: Identify material
landscaping features, material types of landscaping
(fences, retaining walls), and site appurtenances
(irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues.

Structural Frame + Building Envelope
• Identify material elements of the structural frame and exterior walls, including the foundation system, floor
framing system, roof framing system, facade or curtain- wall system, glazing system, exterior sealant, doors,
commercial overhead doors, sliders, windows, and
stairways, etc.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Observations may be subject to grade, and
rooftop vantage points.
• Visually inspect observable areas for cracking and
moisture infiltration as well as areas of apparent
foundation settlement and displacement.
• In the event more information or exploratory testing is required, in order to provide remedial measures, the
report may include recommendation for additional
investigative testing (Tier 1 or Tier 2).

Wall Evaluation
• Photograph elevations and details both from internal
and external vantage points, as well as from adjacent
structures where possible.
• Observe representative operable and fixed panels on all facades, operating a representative sample of units to
assess hardware and visually inspect exterior conditions and condition of waterproofing seals.
3 • Assess curtain wall condition to determine water
infiltration, damage, caulk degradation, metal panel
degradation, stone degradation and anchoring, and
other related curtain wall issues.

Curtain Wall
• Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually
review exterior conditions and the condition of
waterproofing seals, where accessible without the use
of lifts, ladders, scaffolding, suspension devices, or
the like; may include observations from internal and
external vantage points, as well as adjacent structures.

Observations are limited to grade and may include
accessible balconies or rooftop vantage points.
• Review provided drawings and records of repair,
replacement, and maintenance of framing and glazing.

Roofing (Non-Invasive Visual)
• Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or
rooftop equipment.
• Observe general conditions of the roof system
(membranes, attachment methods, flashings,
counter flashings, pitch pans, gravel stops, parapets,
miscellaneous appurtenances, insulation).
• Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a
roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported.
• Identify material rooftop equipment or accessories
(antennas, lightning protection, HVAC equipment, solar
equipment). Include any material problems reported.
• BV understands that the City will provide OSHA
compliant ladders, lifts and/or scaffolding (depending
on roof type) so that the Project Manager may safely
access roof areas. If requested, BV can provide a quote for lift and/or ladder access as needed. Observations
will be limited to readily accessible areas.

Plumbing
• Identify material plumbing systems at the property
including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water
features, fuel systems, gas systems, etc.).
• Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Include any reported material system
inadequacies.

Heating
• Identify material heat generating systems at the
property.
• Observe general conditions, identify reported age
of the equipment, note past material component
replacements/upgrades, note apparent level of
maintenance, and identify if a maintenance contract is
in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of
the condition to the extent reasonably possible.
• Identify and observe any special or unusual heating
systems or equipment present (fireplaces, solar heat,
etc.) and note any reported material problems or
inadequacies.

Air-Conditioning + Ventilation
• Identify the material air-conditioning and ventilation systems at the property. Include material equipment
such as cooling towers, chillers (type of refrigerant
used), package units, split systems, air handlers, thermal storage equipment, etc.
• Identify material distribution systems (supply and
return, make-up air, exhaust) at the property.
• Observe general conditions, identify equipment
reported age, note past material component upgrades/
replacements and apparent level of maintenance, and
identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an
opinion of the condition to the extent reasonably
possible.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Additionally, include any material reported
system inadequacies or operating deficiencies.
• Identify and observe any special or unusual air-
conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment,
etc.) and note any material reported problems or system inadequacies.

Electrical
• Identify the electrical service provided and distribution system at the property.
• Include material switchgear disconnects, circuit
breakers, transformers, meters, emergency generators,
general lighting systems, and other such equipment or
systems.
• Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency
power, lightning protection).
4 • Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Also, note the presence of any special or
unusual electrical equipment, systems, or devices at
the property, and include reported material problems
or system inadequacies.

Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc.
• Observe general conditions and note any material
physical deficiencies identified or unusual items or
conditions observed or reported including any reported
system inadequacies.

Elevators + Vertical Transportation
• Identify vertical transportation systems at the property.

Include the equipment manufacturer, equipment type,
location, number, capacity, etc.
• Observe elevator cabs, finishes, call and communication equipment, etc.
• Identify the company that provides elevator/ escalator maintenance at the property. Observe general
conditions and note any physical deficiencies identified or unusual items or conditions observed or reported
including any reported material system inadequacies.
• Out of Scope Issues: Performing any calculations,
examination of operating system components such
as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts.

Interior Elements
• Identify offices, special use areas, and building
standard finishes, including flooring, ceilings, walls, etc.

Furnishings and fixed components will be reviewed and
included in the cost estimate tables for replacements.

BV will identify material building amenities or special features.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed or reported.

Food Service Spaces and Equipment
• Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to
life/ safety code and ventilation requirements as well
for condition and capital replacement.

Special Systems and Equipment
• Include all special systems and equipment, such as
Emergency Medical Systems (EMC), chillers, radio
towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults,
public address systems, and telephone systems.

Limited Accessibility Compliance
• Provide a general statement of the building’s likely
compliance to the Americans with Disabilities Act to
help identify whether the City may be exposed to issues and there is the need for further review.

Suspected Fungal Growth
• Perform a limited assessment of accessible areas for
suspected fungal growth. If the presence of mold,
conditions conducive to mold growth, and/or evidence
of moisture. elevated relative humidity, water intrusion, and mildew-like odors is discovered, affected areas
will be photographed and recommendations for any
additional moisture intrusion studies will be made.

Environmental Features
• Review environmental features of the property, to
include appearance, cleanliness, acoustics, ventilation, and humidity.

Lead-based Paint
• Review existing testing data and other documentation
regarding lead-based paint available on site (included in the cost of the FCA); evaluate physical condition
and develop cost estimates for remediation of paint
necessitated by pending renovations.
• Able to provide a licensed lead-based paint inspector to conduct testing using an x-ray fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and yields instantaneous
results.

Asbestos
• Review existing testing data and other documentation
regarding asbestos available onsite (included in the cost of the FCA); evaluate physical condition and develop
cost estimates for remediation of asbestos likely to be disturbed by renovations.
• If asbestos testing is requested, BV will provide a
licensed asbestos inspector to collect samples of
suspect asbestos-containing materials at the Project
as an additional service. Scope of this sampling will be determined after review of existing data, costs will be based on daily rate plus the cost of analysis.

Energy Conservation Analysis
• Consider energy conservation savings when making
repair or replace recommendations and include these
projects in the project prioritization.
• Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional
service.
5 Ranking and Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected
Useful Life (EUL) tables; BV will render our opinion as to when a system or component will most probably necessitate replacement.

Accurate historical replacement records provided by the facility manager are typically the best source for this data.

Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is
greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.

BV can rate the condition of each facility with the below rating system, or another City-specified scale:
5 Excellent - No visible defects, new or near new
condition, may still be under warranty if applicable
4 Good - Good condition, but no longer new, may
be slightly defective or deteriorated, but is overall
functional
3 Adequate - Moderately deteriorated or defective, but has not exceeded useful life
2 Marginal - Defective or deteriorated in need of
replacement; exceeded useful life
1 Poor - Critically damaged or in need of immediate
repair; well past useful life
BV can also include alternative categories to rank and
weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors. The analysis will include all cost observations ranked by Priority Classes.

The five classes to the right are typical but can be altered to meet your specifications and needs.

DEFICIENCY CATEGORIES/PLAN TYPES
Each deficiency identified in the Assessment shall be
classified in the following manner (or other City-defined categories):

Category 1- Scheduled Maintenance: Maintenance that
is planned and performed on a routine basis to maintain and preserve the condition.

Category 2 - Deferred Maintenance: Maintenance that
was not performed when it was scheduled or is past its
useful life resulting in immediate repair or replacement.

Category 3 - Capital Renewal: Planned replacement
of building systems that have reached the end of their
useful life.

Category 4 - Energy and Sustainability: When the
repair or replacement of equipment or systems are
recommended to improve energy and sustainability
performance.

Category 5 - Security: When a system requires
replacement due to a security risk or requirement.

UNIFORMAT CATEGORIES
The deficiencies observed will be classified into categories using the Uniformat System (up to Level 4):

Level 2
A10 Foundations
A20 Basement Construction
1 Potentially Critical
Requiring action in the next
year including components
experiencing intermittent
operations, potential life
safety issues, and rapid
deterioration, returning
a building component to
normal operation.

Currently Critical
Requiring immediate
action including a cited
safety hazard and
areas of accelerated
deterioration, returning
a building component to
normal operation.

IMMEDIATE
1 Necessary - Not Yet
Critical
Requiring appropriate
attention to preclude
predictable deterioration,
potential downtime, additional
damage, and higher costs
to remediation if deferred
further.

Recommended
Representing a sensibile
improvement to the existing
conditions (not required for
the most basic function of
the facility; however, will
improve overall usability
and/or reduce long-term
maintenance costs.

Does Not Meet
Current Code
No Action required at
this time but should
substantial work be
undertaken correction
would be required.

PRIORITY CLASSES
YEARS 1-2
2 YEARS 3-5
3 YEARS 6-10
YEARS 15-20
4 “GRANDFATHERED”
5 6
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
E10 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
Cost Estimating
BV uses a cost library model for cost estimating. Our
database follows Uniformat Level 4 framework and is based in part on data from national commercial cost estimating guides. BV maintains and updates our Uniformat-based
cost estimating system with information received from
the field. Through construction monitoring work, we have current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than national cost estimating platorms.

Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel- based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item.

A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at City's option, also include project management costs, construction fees, and design fees. Project management costs, construction fees, and design fees will be derived using actual costs from previous projects. After determining these costs, we will confirm these costs with your staff.

Equipment and Asset Inventory
During the assessment, each field team will be responsible for collection and storing the inventory and condition
assessment data in an electronic format that is readily transferable to the City's CMMS system.

BV will collect information on the major pieces of facility equipment. Specifically, the data collection will include City- defined assets, and also focus on the following components:
• HVAC (level of detail for which Preventive
Maintenance would be performed)
– Heating System
• Identify boilers, furnaces, unit heaters and major
labeled equipment
– Ventilation System
o Identify the major labeled equipment; exhaust
hoods, fans
– Air Conditioning System
o Identify the material air-conditioning
components, including cooling towers,
compressors, chillers, package units, roof
top units, split systems and major labeled
equipment. Excluded are window units, terminal
units, VAV boxes, and thermostatic controls
• Electrical
– Major panels only-for identification to track
maintenance
– Transformers
– Switchgear
• Equipment
– Building Automation System
• Plumbing
– Pumps external to HVAC systems
– Domestic Hot Water heaters over 80 gallons
– Other major labeled equipment
• Commercial Kitchen - major equipment (above
approximately $2000 value)
– Walk-in freezer and refrigerator equipment
– Ovens, stoves, broilers, grills
– Reach-in refrigerators and freezers
– Dishwashers
– Fryers
• Life Safety/Security
– High Level (system level) only-for identification to
track maintenance
o Alarm Panels
o Emergency generators
o Exhaust hood fire suppression
• Vertical Transportation
7 Where appropriate, the following data will be collected for each component:
• Location data
• Model
• Serial Number
• Manufacturer
• Manufactured Date
Preventive Maintenance Plan (PMP)
BV will prepare a preventive maintenance plan based on the following standards:
• RS Means maintenance routines
• Original Equipment Manufacturer (OEM) recommended
maintenance
• Applicable National Standards
• Industry best practices
The intent of the preventive maintenance plan (PMP) will be to identify the required procedures and inspections required to maintain facilities systems in safe, reliable and efficient condition. Maintenance procedures will be supplied with the main components of each major building system.

BV will provide preventive maintenance (PM) schedules for the equipment listed in the equipment inventory provided by client. Preventive maintenance schedules will include the following information:
• Safety precautions specific to the recommended PM
instructions
• Description of tools required for recommended PM
instructions. The tool list will not be exhaustive but
identify common tool sets and specialty tools required
for tasks.
• Recommended preventive maintenance instructions
and frequencies specific to the equipment classification and type. PM instructions are based on the following
sources:
– Prevailing national standards
– Survey of Common Manufacturers recommendations
– Industry best practices
• Estimated labor hours required to complete each PM
work order
• Step-by-step procedure to complete maintenance work
order
The deliverable for this phase of the project will include a narrative introduction, a table for each building with equipment, recommended preventive maintenance
routines, frequencies and time requirements.

BV will develop an export of the data customized for upload into the selected Maintenance Management software system BV will provide the PM schedules in spreadsheet format
suitable for uploading into clients CMMS. The spreadsheet will also contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM schedules with the client and adjust the frequencies and start dates as required to meet clients’ needs and match available resources.

The preventive maintenance plan will be prepared following completion of field data collection and final entries into the database.

OPTION: Barcoding / QR Coding
For the above referenced equipment, BV will apply a durable barcode / QR code/asset tag with a unique number for use as an identifier in the CMMS system. We will use labels supplied by the City or a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back in to a single piece of equipment or system. The cost of Barcoding / QR coding assumes that we will tag equipment during the FCA process.

Report Deliverables
BV will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major
systems and components and of all deficiencies identified.

Reports will include current and anticipated repairs and deficiencies, recommended repair and component life-
cycle replacements, and applicable options for repair or maintenance of building components.

The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.

The format of the database will allow for reporting by
building, system, or priority for repair, and a year-by-year analysis of capital needs.

Facility Condition Index
A Facility Condition Index will be calculated for each building.

This index will be a function of required repairs compared to building replacement costs. The Facility Condition Index will be generated from the data collection/capital planning database and will be updated as components age or are
replaced.
8 Capital Plan
Reports will reflect a 5, 10, or 20-year capital plan based on BV’s 20-year building system evaluation. The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis. The report will include:
• An Executive Summary with graphic presentation of
results to provide a quick, user-friendly summary of
the property’s observed condition and estimated costs
assigned by category. These estimated costs shall be
cross-referenced to report sections where an elaboration of cost issues will be presented.
• Components observed that are exhibiting deferred
maintenance issues and estimates for immediate and
capital repair costs based on observed conditions,
available maintenance history and industry-standard
useful life estimates. If applicable, this analysis will include the review of any available documents
pertaining to capital improvements completed within
the last five-year periods, or currently under contract. BV shall also inquire about available maintenance records
and procedures and interview current available on-site
maintenance staff.
• Recommended schedule for replacement or repairs
(schedule of priorities).
• Digital photographs for the buildings including photos of deficiencies.
• General description of the property and improvements
and comment generally on observed conditions.
• Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis.
• Facility Condition Index (FCI) number for the building.

BV will submit draft reports electronically via PDF format and once approved and finalized, a program summary report
is provided to include a roll-up of all prioritized capital needs across all facilities. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.

Program-wide Report
In addition to each building report, BV will develop a
program-wide report that includes a ranked system-wide
Capital Plan for all facilities with programmatic conclusions and recommendations. The report includes a brief narrative description of each facility/building component and system, and discusses the current and anticipated repairs and
deficiencies of all buildings assessed. The report analyses will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis of capital needs.
9 AssetCALC™ - Assessment Software and
Database Deliverable
BV proposes utilizing AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform developed, licensed, maintained, and supported solely by BV for our clients. The use of this software is at your option and there are no licensing fees for this software for three (3) years.

AssetCALC™ is a web-based SQL database platform that
enables users to:
• query, edit, and analyze their facility condition data • plan immediate and short-term repairs
• budget capital expenditures throughout the lifecycle of a building or an entire portfolio
The system unites BV’s experienced field data collection methods with advanced planning and reporting tools,
construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.

DATA DEVELOPMENT
AssetCALC™ includes a configurable facility hierarchy and asset data architecture - this will include all of your assets grouped based on site location, asset group, and function.

Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your CMMS, EAM, or
work-order systems.

FEATURES INCLUDE:
• Facility Condition Assessment access:
– Component/system descriptions
– Locations
– Conditions and EUL/RUL
– Repair and replace recommendations
– Digital photos
– Search and Sorting Functionality
• Prioritization of maintenance projects
• UniFormat II Cost Database
• Project Budgets and Capital Plans
• Unlimited concurrent user licensing
• Secure IT platform and back-ups
• City is the owner of data collected and residing in the database
• Online User Training and Documentation

10 REPORTING
AssetCALC™ includes more than a dozen standard options
for data summaries and reports:
• Facility Condition Index (FCI) Reports
• Rank and Prioritize Capital Improvement Projects
• Deferred Maintenance Backlog
• Facility Queries (by building, priority, system, or dollar deficiency amount)
• Capital Budget Planning
• Year-by-Year Capital Needs Analysis
• 5, 10, or 20-Year Replacement Reserve Reports
• Custom 3rd party form automation available
Screen Shots - Additional screen shots of the AssetCALC™ Database and a live demo are available upon request.

CMMS-Ready Data
BV will collect and store all information in our SQL database.

Our database allows us to routinely update and run reports for the City after the initial assessment is complete. This system also allows us to export the City's FCA data into existing or future CMMS work order platforms. BV has
experience with more than 50 CMMS platforms including:

CityWorks, Lucity, Brightly, Archibus, Maximo, TMA, Corrigo, Cartegraph and many more.

11 Company: Bureau Veritas Technical
Assessments LLC
Year Founded: 1986
Headquarters: 6021 University Boulevard, Suite 200
Ellicott City, MD 21043
Project Office: 220 Technology Drive
Irvine, CA 92618
Contact: Erik Piller
Executive Vice President
Telephone: (800) 733-0660, ext. 729704
Email: [email protected]
Website: bvna.com
Company Information
HQ
HQ
HQ
BV Oﬀice Locations
BV Technical Assessments
Headquarters
MO
IL
TX
AZ
CA
AK
NM
NV
UT
CO
KS
OK
OR
WA
ID
MT
WY
ND
SD
NE
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MS AL GA
FL
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B. CONSULTANT’S REPRESENTATIVE
Profile
Bureau Veritas is a professional services consulting firm providing comprehensive architectural, engineering,
energy, and environmental solutions. Our team includes
over 800 building professionals nationwide, including
Registered Architects, Professional Engineers, Certified Energy Managers, Project Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.

Annually, Bureau Veritas conducts thousands of
assessments for Multifamily, Commercial, Industrial,
Government, and Educational clients. Having successfully completed billions of square feet of building assessments, we have developed a proven and efficient methodology for the performance of field assessments and data collection.

Bureau Veritas’ recommendations are based on knowledge
of property conditions, life-cycle analysis, regulations, and client objectives. Bureau Veritas’ subject matter expertise and understanding of buildings, parks, and property sites forms the foundation on which we team with clients to
create and implement facility and portfolio management
solutions.

ASSET MANAGEMENT SERVICES
• Facility Condition Assessments
• Capital Planning Reports
• Accessibility Compliance
• Equipment and Asset Inventory
• Barcoding, QR Coding, and Tagging
• CMMS Consulting
• Preventive Maintenance Plans
• Space Analysis Studies
• Energy Audits and Modeling
• Commissioning (Cx and Rx)
• Construction Monitoring
• Project Management
• Plan and Document Review
What We Do
Acquisitions
Finance
Capital
Planning
Asset
Management
Construction
& Project
Management
Disposition

12 BV’s team includes Registered Architects with an average of over 16 years of relevant experience. These life cycle subject matter experts coordinate logistics, conduct comprehensive site assessments, analyze collected data, provide asset management strategies, create capital planning studies, and develop facility condition reports. BV also has an internal information technology group that migrates the field data and findings into CMMS platforms and other client database applications.

Erik Piller | Project Executive
Mr. Piller will oversee all contractual aspects of the project and be available to meet with the City for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with BV’s Program Manager and Assessment Team to assure that the City’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule.

Aspen Arnthorsdottir | Program Manager
Ms. Arnthorsdottir will be the primary point of contact for the City throughout the duration of the project. She will work with the Assessment Team and the City to assure project success. She will be responsible for the assessment team’s overall performance, delivery of the project, and will work with City staff to develop the implementation plan based on the results.

Matt Anderson, RA | Quality Assurance Manager
Mr. Anderson will oversee the project, assuring technical, process, and content quality. He will have direct management responsibility for all technical personnel, which will allow for quick and effective implementation of quality assurance measures both at inception and throughout the duration of the project.

Assessment Team
The Assessment Team is comprised of industry professionals with direct experience in conducting Facility Condition Assessments. They will observe and describe building
systems and components, identify physical deficiencies, and formulate recommendations to remedy the deficiencies.

Erik Piller

PROJECT EXECUTIVE
Aspen Arnthorsdottir
Matt Anderson, RA

QUALITY ASSURANCE

MANAGER

PROGRAM MANAGER

ASSESSMENT TEAM

PROJECT

ORGANIZATION
CHART
Resumes
Resumes for these professionals are included on the
following pages.

C. PROJECT TEAM
13 PROJECT EXPERIENCE:

City of Temecula, CA
Facility Condition Assessment
City of Brea, CA
Facility Condition Assessment & ADA Assessment
City of Oceanside, CA
Facility Condition Assessment
City of Laguna Beach, CA
Facility Condition Assessment
City of Monterey, CA
Facility Condition Assessment
City of Fremont, CA
Facility Condition Assessment
City of Milpitas, CA
Facility Condition Assessment
City of Palm Desert, CA
Facility Condition Assessment
City of Laguna Niguel, CA
Facility Condition Assessment
City of Redwood City, CA
Facility Condition Assessment & Energy Audit
City of Huntington Beach, CA
Facility Condition Assessment & Inventory
City of Garden Grove, CA
Facility Condition Assessment
City of El Segundo, CA
Facility Condition Assessment

ERIK PILLER

PROJECT EXECUTIVE
Mr. Piller has 21 years of experience in client coordination of assessment, architectural- engineering, energy consulting, and construction phase services.He has been involved with projects of similar scope to the proposed project. As Project Executive, Mr. Piller is responsible for overseeing all contractual aspects of the project and will be available to meet with the client for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with BV’s Program Manager and Assessment Team to assure that the client’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule.

YEARS OF EXPERIENCE: 21
Industry Experience
Government
K-12 Education
Multi-Family Housing
Higher Education
Industrial
Office
Retail
Hospitality

14 PROJECT EXPERIENCE:

City of Costa Mesa, CA
Facility Condition Assessment, Inventory
City of Clovis, CA
Facility Condition Assessment, Inventory,
Barcoding
City of Pismo Beach, CA
Facility Condition Assessment, Inventory
City of Whittier, CA
Facility Condition Assessment
Foothill De Anza Community College
District, CA
Physical Needs Assessment
Claremont School of Theology, CA
Facility Condition Assessment
Salt Lake City, UT
Facility Condition Assessment
Sound Transit, WA
Facility Condition Assessment
Providence St. Joseph Health System, OR
Facility Condition Assessment & Inventory
County of Los Angeles, CA
Facility Condition Assessment & Long-Range
Capital Plan
County of Los Angeles Department of Public
Works, CA
Facility Condition Assessment & Capital
Planning, ADA Assessment
LA County Fair Association, CA
Facility Condition Assessment & Capital

ASPEN ARNTHORSDOTTIR
Education
MArch, Architecture, Southern California Institute of Architecture Bachelor of Arts, Creative Writing, Art History, University of Iceland

PROGRAM MANAGER
Ms. Arnthorsdottir is multi-disciplinary professional with a background in architecture, focusing on strategic asset management and capital planning for public and private entities. She has extensive experience with facility condition assessment programs of all sizes, technical architectural field work, field team management, assessment program logistics, and digital data collection. She is skilled in strategic and multi-dimensional capital planning, all facets of project management and complex long-range planning. As Program Manager, she is responsible for delivering results, and is the main point of contact for the Client throughout the project.

YEARS OF EXPERIENCE: 10

15 PROJECT EXPERIENCE:

City of Laguna Niguel, CA
Facility Condition Assessment
City of Pico Rivera, CA
Facility Condition Assessment
Kern County, CA
Facility Condition Assessment
County of San Diego, CA
Facility Condition Assessment
City of Pasadena, CA
Facility Condition Assessment
Judicial Courts of California, CA
Facility Condition Assessment
City of Fresno, CA
Facility Condition Assessment
City of Monterey, CA
Facility Condition Assessment
City of Milpitas, CA
Facility Condition Assessment
City of Palo Alto, CA
Facility Condition Assessment
City of Menlo Park, CA
Facility Condition Assessment & Energy Audit
City of Mill Valley, CA
Facility Condition Assessment
City of Vallejo, CA
Facility Condition Assessment
City of Poway, CA
Facility Condition Assessment
Solano County, CA
Facility Condition Assessment

MATT ANDERSON, RA
Education
Bachelor of Architecture, California
Polytechnic University

QUALITY ASSURANCE MANAGER
Mr. Anderson is a registered architect with experience in the assessment and design of residential projects in addition to construction management processes and procedures. He routinely supervises teams of architects and engineers conducting property condition assessments. He also specializes in cost estimating, government programs, and an array of other services. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports.

Registration
Registered Architect | CA | C15753
YEARS OF EXPERIENCE: 30+

16 PROJECT EXPERIENCE:

City of Laguna Niguel, CA
Facility Condition Assessment, Preventive
Maintenance
City of Costa Mesa, CA
Facility Condition Assessment, Inventory
City of Burbank, CA
Facility Condition Assessment, Inventory
City of Pismo Beach, CA
Facility Condition Assessment, Inventory
City of Palm Desert, CA
Facility Condition Assessment, Inventory,
Barcoding
City of Aurora, CO
Facility Condition Assessment

JESSE AZARET

ASSESSMENT TEAM
Education
BA, Criminal Justice, University of Colorado Springs
BS, Mechanical Engineering, Washington State University YEARS OF EXPERIENCE: 4
PROJECT EXPERIENCE:

City of Costa Mesa, CA
Facility Condition Assessment, Inventory
City of Clovis, CA
Facility Condition Assessment, Inventory,
Barcoding
Folsom Cordova Unified School District, CA
Facility Condition Assessment, Energy Audit
State of Utah, UT
Facility Condition Assessment
Tooele County, UT
Facility Condition Assessment
City of Aurora, CO
Facility Condition Assessment

MICHAEL BARTON, RA

ASSESSMENT TEAM
Education
MArch, Architecture, University of Utah
BA, Urban Ecology, University of Utah
YEARS OF EXPERIENCE: 9
Certifications / Licenses
Registered Architect | UT | 14199015-0301

17 PROJECT EXPERIENCE:

City of Clovis, CA
Facility Condition Assessment, Inventory,
Barcoding
City of Cudahy, CA
Facility Condition Assessment, Space
Utilization, Preventive Maintenance
City of Napa, CA
Facility Condition Assessment, Barcoding,
Transition Plan
County of Nevada, CA
Facility Condition Assessment, Inventory
El Dorado County, CA
Facility Condition Assessment, Inventory

EL TON COLBERT

ASSESSMENT TEAM
Education
MBA, Business Administration, University of Nevada
BS, Mechanical Engineering, University of Nevada
YEARS OF EXPERIENCE: 21
PROJECT EXPERIENCE:

City of Whittier, CA
Facility Condition Assessment
La Mesa-Spring Valley School District CA
Facility Condition Assessment, Inventory,
Barcoding
Campbell Unified School District CA
Facility Condition Assessment
Folsom Cordova Unified School District, CA
Facility Condition Assessment, Energy Audit
State of Utah, UT
Facility Condition Assessment
State of Oregon Schools, OR
Facility Condition Assessment

NAM NGUYEN

ASSESSMENT TEAM
Education
Bachelors Architecture, University of Oklahoma
YEARS OF EXPERIENCE: 19

18 $0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Sep-26 Oct-26 Workload Capacity - Availability
committed capacity open capacity total capacity
Key Personnel Project Role Years of
Exp
Certification /
Registration
Availability
to Project
FCA
Exp
Erik Piller Project Executive 21 - 20% ü
Aspen Arnthorsdottir Program Manager 10 - 80% ü
Matt Anderson QA/QC 30+ RA 30% ü
Jesse Azaret Assessment Team 4 - 100% ü
Michael Barton Assessment Team 9 RA 100% ü
Elton Colbert Assessment Team 21 - 100% ü
Nam Nguyen Assessment Team 19 - 100% ü
Availability and Capacity
BV has maintained itself as a viable, professional assessment services corporation. BV is fully staffed to manage any size project load, including simultaneous multiple site projects.

Our field staff can provide a commitment of time suitable to the needs of the proposed City program. The proposed project would be a significant one for BV, and we have the in- house resources to fully staff this project without program disruption or cost impact.

BV has 800 staff and a dedicated Asset Management team.

The regional team usually has approximately three to five concurrent assessment projects engaged that range from
400,000 SF to 1,000,000 SF. For example, currently we have three School Districts, one University, and three Municipal projects concurrently in progress. BV has a very scalable staff and can provide resources from one team to over ten teams on a project.

Availability of all key personnel is included in the chart below.

Ability to Perform in a Timely Manner
We pride ourselves on the scheduling, logistics, and
mobilization of our staff to provide services at multiple sites across the country on a compressed schedule. With project managers nationwide, we can assemble a qualified team in the project area quickly. Our team is familiar with all codes governing this contract and is sensitive to the unique requirements of your community. A locally based project staff gives BV and the City the benefit of direct contact with our personnel performing and managing this project.

We are accustomed to completing large projects and
have built-in measures as a part of our assessment and
quality assurance methodology to ensure we complete
programs to our client’s satisfaction. We consider meetings, communication, scheduling, management, budget, and
quality control crucial elements of each engagement.

BV has the capability to perform the full scope as listed in the RFP without the use of outside consultants. BV has in-house technical professionals with experience performing Building Asset Management Plan services. These professionals are also qualified to perform any add-on services that may be requested.

BV has the capability and experience to comply with set schedules. We will have a dedicated Program Manager,
Aspen Arnthorsdottir serve as the direct point of contact for the City during the entire project. Ms. Arnthorsdottir will manage the kick-off, coordination of the field teams during the on-site assessments, and reporting process. The City will also have access to Project Executive, Erik Piller, and Quality Assurance Manager, Matt Anderson as needed, as
well as the entire Assessment Team throughout the duration of the project. BV has a proven track record in exceeding client expectations for meeting deadlines and project
schedules and is committed to the timeliness and
efficiency of report deliveries.
19 Bureau Veritas has extensive experience with Facility Condition Assessment projects. The following chart highlights a partial list of recent Bureau Veritas FCA projects completed for clients in the region.

CLIENT STATE SERVICES YEAR

COMPLETED
City of Anaheim CA Facility Condition Assessment & Energy Audit Ongoing City of Palm Desert CA Facility Condition Assessment Ongoing City of Pismo Beach CA Facility Condition Assessment Ongoing City of Sausalito CA Facility Condition Assessment 2024 City of Monterey CA FCA with Inventory 2024
City of Placentia CA FCA with Inventory 2024
City of Pacific Grove CA FCA with Inventory 2025
City of Pasadena CA Facility Condition Assessment 2023
City of Glendale CA Facility Condition Assessment 2023
City of Seaside CA Facility Condition Assessment 2023
City of Goleta CA Facility Condition Assessment 2023
City of Glendora CA Facility Condition Assessment 2023
City of Covina CA Facility Condition Assessment 2023
County of Riverside CA Facility Condition Assessment 2023 City of Burbank CA Facility Condition Assessment 2023
City of Rancho Cucamonga CA Facility Condition Assessment 2022 City of Menlo Park CA Facility Condition Assessment 2022 City of Palo Alto CA Facility Condition Assessment 2022 City of Rancho Palos Verdes CA Facility Condition Assessment 2022 City of Laguna Niguel CA Facility Condition Assessment 2022 City of Pico Rivera CA Facility Condition Assessment 2022 City of Alameda CA ADA Assessment 2022
City of Montebello CA Facility Condition Assessment 2021 City of Vallejo CA Facility Condition Assessment 2021
Judicial Courts of California CA Facility Condition Assessment 2021 City of Temecula CA Facility Condition Assessment 2021
City of Aliso Viejo CA Facility Condition Assessment 2021 San Joaquin County CA Facility Condition Assessment 2020 City of Montebello CA Facility Condition Assessment 2020 Sutter County CA Facility Condition Assessment 2020
City of Garden Grove CA FCA, ADA Transition Plan 2020
City of Oceanside CA Facility Condition Assessment 2020 City of San Marino CA Facility Condition Assessment 2019 City of Sacramento CA FCA, Master Plan 2019
City of Fullerton CA FCA with Inventory 2019
City of Napa CA FCA with Inventory 2019
City of Portola Valley CA Facility Condition Assessment 2019 City of Mill Valley CA FCA, Needs Assessment 2019
City of Stockton CA Facility Condition Assessment 2019
D. REFERENCES
20 CITY OF EL SEGUNDO

FACILITY CONDITION ASSESSMENT AND ADA

TRANSITION PLAN
Bureau Veritas Technical Assessments LLC (BV) was awarded a contract for citywide Facilities Condition Assessment (FCA) and ADA Transition Plan in order to provide the City with guidance on how to best operate, maintain, and upgrade the facilities in the short- and long-term.

Our facility assessment services include life cycle analysis, equipment/ asset inventory, barcoding, and preventive maintenance plans. The data collected will be migrated to the City’s CMMS platform and used to formulate a capital plan.

BV conducted site evaluations and documented the condition of existing facilities, perform non-destructive investigations of building, structural, architectural, ADA access, fire/life safety, MEP , energy, environmental, and roofing systems. We provided cost estimates to replace or replace building systems and generate a Facilities Condition Index (FCI) benchmark for each building.

The City required an ADA Self-Evaluation and Transition Plan for all facilities. BV inspected the sites and provided a list of prioritized barrier improvements with an order of magnitude cost estimates. Part of our deliverable was a “live” transition plan utilizing our ADA AssetCALC™ database platform.

PROJECT PROFILE

LOCATION
El Segundo, CA

SERVICE
Facility Condition Assessment
ADA Transition Plan
SIZE
31 Facilities
262,367 SF

FACILITY TYPE
Parks
City Hall
Senior Center
Community Center
Maintenance Facility
Water Division
Fire & Police Stations

COMPLETION
2018-Ongoing

REFERENCE
Floriza Rivera
Principal Engineer
City of El Segundo Public Works
Department
(310) 524-2361
[email protected]

21 CITY OF GARDEN GROVE

FACILITY CONDITION ASSESSMENT AND

ADA SELF-EVALUATION AND TRANSITION PLAN
The City awarded Bureau Veritas Technical Assessments LLC (BV) with a contract for ADA Evaluation and Transition Plan services and an additional option for Facility Condition Assessments to be concurrently conducted.

Our consulting services were to help the City of Garden Grove comply with all aspects of the Americans with Disabilities Act (ADA), the State of California, and local accessibility regulations in regard to its public buildings. Our assessments culminated in the production of an ADA Transition Plan, which included a schedule of improvements necessary to meet the ADA requirements, associated order of magnitude cost estimates for barrier removal, a prioritized list of improvements, and a timeline for completion of needed improvements or modifications.

We were also awarded additional services to perform ADA Surveys of PROW within +/- 1,200 feet of 35 city-owned sites to meet the requirements of Section 9.3 of the Local Assistance Procedure Manual as published by the California Department of Transportation. This included the recording of sidewalk slope and cross-slope data, path of travel barriers, and curb ramp compliance.

BV was additionally asked to provide Facility Condition Assessment services which included a life cycle analysis, inventory of assets, and a capital plan with recommendations for repair and replacements over the next 20 years. The assessment included looking at essential facilities, recreational sites, water division assets, and other community structures. Our assessors looked at all major building systems including building envelope, infrastructure, MEP , and interiors.

PROJECT PROFILE

LOCATION
Garden Grove, CA

SERVICE
Facility Condition Assessment
ADA Transition Plan
SIZE
42 Facilities
304,389 SF

FACILITY TYPE
City Hall & Administrative
Buildings
Theaters & Libraries
Fire & Police Stations
Park/Rec. Facilities & Golf
Course
Community Center
Public Rights-of-Way

COMPLETION
2018-2025 - Ongoing

REFERENCE
Phillip Carter
Facilities Division Manager
City of Garden Grove
13802 Newhope Street
Garden Grove, CA 92843
(714) 741-5380
[email protected]

22 CITY OF PISMO BEACH

FACILITY CONDITION ASSESSMENT WITH INVENTORY
The City of Pismo Beach, located in San Luis Obispo County, initiated a comprehensive Facilities Condition Assessment to evaluate the maintenance and infrastructure needs of its 27 public facilities. The project aimed to develop a strategic, long-term maintenance plan that would help the city prioritize repairs, upgrades, and resource allocation across its diverse municipal buildings.

The assessment covered a wide range of facilities, including City Hall, Police and Fire Stations, Parks and Recreation buildings, Veterans Halls, and various public restrooms. The scope of work was extensive, requiring a detailed evaluation of each facility’s building envelope, mechanical and electrical systems, interior conditions, ADA accessibility, and overall infrastructure health. Consultants were tasked with conducting thorough on-site inspections, interviews with city staff, and developing comprehensive reports that would provide actionable insights.

Key deliverables of the project included a prioritized list of maintenance needs, cost estimates for repairs and replacements, and a 5 and 10-year maintenance schedule. The assessment was designed to help the City of Pismo Beach make informed decisions about facility investments, improve service delivery, and optimize its long-term infrastructure management strategy. By identifying critical maintenance requirements and potential energy efficiency improvements, the project sought to extend the useful life of the city’s public facilities while potentially reducing long-term operational costs.

PROJECT PROFILE

LOCATION
Pismo Beach, CA

SERVICE
Facility Condition Assessment
Equipment Inventory
Fire Prevention
SIZE
27 Facilities
114,585 SF

FACILITY TYPE
Police & Fire Facilities
Administrative Buildings
Museums & Libraries
Concessions
Restrooms
Water Treatment Facilities
Pump House

COMPLETION
Ongoing

REFERENCE
Mike James
Assistant City Manager
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
(805) 773-7089
[email protected]

23 CITY OF ANAHEIM

FACILITY CONDITION ASSESSMENT & ENERGY AUDIT
Bureau Veritas Technical Assessments LLC (BV) partnered with the City of Anaheim to conduct a comprehensive Facility Condition Assessment (FCA) across six municipal sites. Our approach went beyond a standard assessment, providing a strategic roadmap for sustainable facility management and long-term capital planning.

Our team conducted an in-depth evaluation of each facility, meticulously examining every critical system and component. Using the ASTM E2018-24 Standard , we performed a non-invasive visual inspection that covered site infrastructure, structural elements, building envelope, mechanical systems, electrical systems, life safety features, and interior components. Our comprehensive assessment identified current deficiencies but also predicted future maintenance needs, helping the City proactively manage its assets.

Each facility will receive a comprehensive report featuring digital photographs, condition rankings, priority classifications, and a capital needs analysis. We calculated the Facility Condition Index (FCI) for each building, providing a clear metric of the facility’s overall condition relative to its replacement value.

In addition, we performed an ASHRAE Level II Energy Audit and a Total Cost of Ownership (TCO) study. These additional analyses provided insights into energy conservation opportunities, operational efficiency, and long-term financial planning. By integrating facility condition, energy performance, and lifecycle cost analysis, we offer the City a comprehensive approach to municipal asset management that supports fiscal responsibility and sustainable infrastructure development.

PROJECT PROFILE

LOCATION
Anaheim, CA

SERVICE
Facility Condition Assessment
Energy Audit
Total Cost of Ownership
SIZE
994,556 SF
6 Sites

FACILITY TYPE
City Hall
Parking Structures
Police Department
Fire Department
Library
Office

COMPLETION
Ongoing

REFERENCE
Raul Garcia, PE, PLS
Construction Services Manager
City of Anaheim
200 S. Anaheim Blvd.

Anaheim, CA 92805
(714) 765-5255
[email protected]

24 BV has the ability and resources to complete the Building Asset Management Plan assessments in a timely manner. The following details our proposed timeline to complete the project. This schedule is open to negotiations between the City and BV.

ID
Task Name Start Finish
1 Notice to Proceed Mon 11/24/25 Mon 11/24/25
2 Review Period with Buena Park Mon 11/24/25 Mon 12/1/25 3 Mobilization and Program Planning Mon 11/24/25 Mon 11/24/25 4 Database Review and Customization Tue 11/25/25 Fri 11/28/25 5 Kickoff Meeting Mon 12/1/25 Mon 12/1/25
6 Progress Updates (teleconference) Mon 12/15/25 Mon 3/23/26 15 Field Data Collection - Pilot Program Assessments Mon 12/1/25 Fri 12/26/25 16 Pilot Program Assessment and Draft Report Mon 12/1/25 Fri 12/12/25 17 Pilot Data Buena Park Review Mon 12/15/25 Fri 12/19/25 18 Pilot Review Meeting (Teleconference) Mon 12/22/25 Mon 12/22/25 19 Protocol and Procedures Revisions Tue 12/23/25 Fri 12/26/25 20 Field Data Collection Mon 12/29/25 Fri 1/16/26
21 A/E Team: Facility Conditon Assessments Mon 12/29/25 Fri 1/16/26 22 Cost Estimating, Prioritization Mon 1/5/26 Fri 1/16/26 23 Draft Report Deliverable Period - Data Development Mon 1/12/26 Mon 4/6/26 24 BAPM Report Deliverable (Rolling Delivery) Mon 1/12/26 Fri 2/13/26 25 Buena Park Review of Draft BAMP (60%) Mon 1/26/26 Fri 2/27/26 26 BAPM 90% Report Deliverable (Rolling Delivery) Mon 3/2/26 Fri 3/13/26 27 Buena Park Review of Draft BAMP (90%) Mon 3/16/26 Fri 4/3/26 28 Draft Review Meeting (Teleconference) Mon 4/6/26 Mon 4/6/26 29 Final Report Deliverable Period Mon 4/6/26 Mon 4/27/26 30 Revisions to BAMP Report Mon 4/6/26 Fri 4/17/26
31 Preparation of Preventive Maintenance Plans Mon 4/20/26 Fri 4/24/26 32 Final Presentation / Meeting Mon 4/27/26 Mon 4/27/26 11/24
12/1
12/22
4/6
4/27
11/16 11/23 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/18 1/25 2/1 2/8 2/15 2/22 3/1 3/8 3/15 3/22 3/29 4/5 4/12 4/19 4/26 December January February March April May
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline

Page 1 ends

Project: Building Asset Management P
Date: Sun 10/12/25
E. SCHEDULE
25 G. SUBCONSULTANT
BV does not plan to utilize any subconsultants on this project.

PAGE 16 OF 19

EXHIBIT A-2

[Consultant’s Fee Proposal dated October 16, 2025, behind this page]

CITY OF BUENA PARK

RFP FOR BUILDING ASSET MANAGEMENT PLAN

FEE PROPOSAL
November 3, 2025 RFP Name
BUREAU VERITAS | ERIK PILLER
P (800) 733-0660 | [email protected]
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.

SERVICES FEE (Fixed Price)
Building Asset Management Plan $202,121.24
F. BUDGETS

HOURLY RATES
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
BV will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:

Completion of onsite assessments: 50% of per site fee Delivery of Draft Reports: 45% of per site fee Delivery of Final Reports: 5% of per site fee Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BV Proposal #177371.25P or invoice number is clearly identified on all payments and correspondence for proper credit.

Please submit all draft comments to BV within 60 days of draft delivery. Unless otherwise communicated, BV will consider all drafts approved for finalization after 60 days, and the remaining balance due will be invoiced.

PAGE 17 OF 19

EXHIBIT B

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

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

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

TOPOGRAPHICAL SURVEY WORK, RELOCATION WORK, CONSTRU CTION INSPECTION,

TESTING AND OVERSIGHT SERVICES, SITE ASSEMBLY WORK, PRECONSTRUCTION

TESTING AND INSPECTION SERVICES, INSTALLATION AND R EMOVAL OF TEMPORARY

FENCING AT PROJECT SITES, OR GEOTECHNICAL WORK (INC LUDING SOIL AND

COMPACTION TESTING, FIELD TECHNICIAN OBSERVATION OF ALL TRENCHING AND

BACKFILL OPERATIONS, AND FIELD TECHNICIAN INSTALLAT ION 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 rel ating 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 Departm ent 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 preva iling 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 calen dar day, or portion thereof, for each worker paid less than the prevailing rates as deter mined 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 Depart ment 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).

PAGE 18 OF 19

5. CONSULTANT shall comply with the provisions of California Labor Code Section 1776 which, among other things, require CONSULTANT and e ach 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 Secti on 1776 by itself and all of its subcontractors.

6. CONSULTANT shall comply with the provisions of C alifornia Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONSULTANT is responsible for compliance with Secti on 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 i n 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 pr ovide 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 th e Labor Code which require every employer to be insured against liability for worker s’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

PAGE 19 OF 19

EXHIBIT C

REQUIRED FOR ALL CONTRACTS AWARDED BY THE CITY COUNCIL
(OTHER THAN COMPETITIVELY BID, LABOR, OR PERSONAL E MPLOYMENT 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 governme nt agency from making, participating in, or in any way attempting to influence the awarding of a c ontract 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 ag ency. 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 reque st for proposals leading to the contract?

YES ___ NO ___

If yes, please identify the Councilmember(s) and am ount 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 reque st 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 attemp ting 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

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

Proposal Due Date: October 16, 2025 BY 3:00 PM

RFP Administrator: Hyang Sun 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: SEPTEMBER 18, 2025

REQUEST FOR PROPOSAL (RFP)

BUILDING ASSET MANAGEMENT PLAN
1 | P a g e

OVERVIEW

The City of Buena Park (City) is seeking a qualified consultant, firm, or suppliers (Consultant) to conduct a comprehensive assessment and develop a Building Asset Management Plan (BAMP) for the City’s current infrastructure and assets under its care and control for the next decade.

The City’s infrastructures and assets represent the residents and the community’s investments made over multiple generations. To ensure the continued provi sion of essential services to residents and the community, the City needs to effectively manage these valuable assets for both current and future needs.

The BAMP will cover all City-owned buildings and facilities , including but not limited to City Hall and administrative offices, park buildings, recreation facilities, public restrooms, playground structures with bleachers, shade structures, historical and cultura l properties, maintenance facilities, and storage/operational buildings.

The consultant shall:
• Create a complete inventory of all assets, including type, location, size, year built, and current use. • Conduct a detailed condition assessment of both the exterior and interior of each facility, including paint, carpet, flooring, roofing, windows, doors, H VAC systems, electrical, plumbing, restroom fixtures, ADA accessibility, and other major infrastructure components. • Perform assessments in accordance with ASTM E2018-1 5 Standard Guide for Property Condition Assessments.
• Interview key City staff, including maintenance per sonnel, and review available construction, operations, and maintenance records.
• Provide and assign condition ratings to building co mponents, and estimate the remaining useful life of all physical assets.
• Calculate Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. • Integrate asset and condition data into the City’s ArcGIS system, including GPS coordinates, digital photos, manufacturer/model data, and relevant documentation. • Establish protocols and Excel format to track the asset data. • Develop a prioritized list of recommended repairs, upgrades, and replacements for the next 10 years and categorized by criticality (critical, high, medium, low). • Recommend corrective actions for all identified deficiencies and support development of the City’s Capital Improvement Plan (CIP) with detailed cost estimates.

The City encourages Consultants to thoroughly review this document. Proposals will be evaluated based on the Consultant’s qualifications and City selection criteria. Please note, this is a prevailing wage job and this requirement needs to be reflected in your proposal.

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QUALIFICATIONS

MINIMUM QUALIFICATIONS

• Satisfactory completion of at least three (3) complete BAMPs within last five (5) years for municipal or large-scale commercial organizations, and provide references;

• Consultant Project Manager must have a minimum of t hree (3) years of direct experience managing BAMP;

• Expertise in relevant asset management standards, frameworks, and other best practices;

• Experience in data collection, asset condition assessment, and lifecycle analysis of building assets, with a solid understanding of key principles that drive these processes;

• Provide resumes of personnel who will be directly involved in the project;

• Ability to deliver work consistent with the latest City-adopted formats;

• Strong project management capabilities, including a bility to work collaboratively with City staff and stakeholders to ensure timely and effectively deliver of project milestones;

• Strong communication and report writing skills, wit h the ability to present complex technical information in an accessible manner; and

• Knowledge and familiarity working 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 Consulta nt will be held prior to beginning work to review and refine the work program and schedule, id entify critical milestones, and determine appropriate paths of communication. Consultant shal l 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 plan approach cha nges with the City, agencies, and other constituents that may provide plan approach input, suggestions or restrictions for the project.

The plan approach may be altered through additional coordination efforts. All changes to scope shall be documented and approved by the City.

2. Facility Condition Assessment and Inventory of Assets Consultant shall coordinate with key City staff including facility maintenance personnel and conduct comprehensive facilities condition assessments for the facilities listed on Attachment A.

Consultant shall inventory all major building equipment and provide data in excel spreadsheet format capable to incorporated into existing City’s system.

3. Building Asset Management Plan (BAMP)
At a minimum, the BAMP shall include the following components:
a. Executive Summary
b. Introduction and Background
• Categorization of building assets per type, quantity, and value, including all administrative buildings, park facilities, recreation centers, pub lic restrooms, playground structures with bleachers, shade structures, historical buildings, and maintenance/storage facilities • Asset management goals and objectives
• Road map of the asset management process
• Key stakeholders and their responsibilities
• Applicable legislation and regulatory requirements
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c. Lifecycle Management Plan
• Lifecycle management framework
• Asset replacement value, locations, and deficiencies
• Condition grading and performance scoring for both exterior and interior systems, including paint, flooring, carpet, roofing, windows , doors, HVAC systems, plumbing, electrical, restroom fixtures, ADA compliance, play ground surfacing, playground structures, bleachers, shade structures, and other major building infrastructure • 10-year financial needs forecast
d. Capital Improvement Plan (CIP)
• Identification of critical assets, failure modes, and impacts • Utilize risk assessments & resiliency evaluation in building a 10-year CIP program • 10-year financial budgeted forecast
• Valuation forecasts and assumptions
• Maintenance service schedule of assets
• Provide an overview of anticipated future staffing and fleet vehicle needs e. Asset Management Data
• Provide data in excel spreadsheet format to track asset data for each facility, to be integrated into the existing City system
f. References
g. Appendices
Deliverables
• Complete digital and hard-copy inventory of all City facilities, including location, type, size, age, and use
• Prioritized 10-year improvement plan, categorizing projects as critical, high, medium, or low priority including cost estimate for improvement
• Provide Maintenance Service Schedule for all assets

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PROJECT MANAGEMENT - SCHEDULE

PROJECT MANAGEMENT:

Consultant shall organize, schedule, and chair all meetings. Meeting agendas shall be prepared and distributed two days prior to the meetings. Meetin g minutes shall be prepared within three days after the meeting. Assume two (2) 1-hour long face-to-fac e project development meetings with various City staff. Consultant’s key staff shall coordinate and attend a kick-off meeting followed by monthly proje ct progress meeting. In addition to these meeting, com munication between Consultant and City staff via email and telephone will be on-going throughout project.

Consultant shall submit a draft 60 percent Building Asset Management (BAM) plan and allow four (4) weeks for City review. All comments shall be addressed prior to submitting the draft 90 percent BAM plan.

Consultant shall allow an additional three (3) weeks for City review of the 90 percent submittal. Comments from the 90 percent submittal shall be incorporated in the final BAM plan.

Any potential out of scope items shall be discussed and approved prior to initiating the out-of-scope work.

The status of the project budget shall be discussed relative to the amount of work expended and estimated percent complete.

SCHEDULE:

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

The City desires to meet the following milestones (tentative):

• RFP Issued ....................................................................... September 18, 2025 • RFI to be Submitted......................................................... September 25, 2025 • Proposal Due Date .......................................................... October 16, 2025 • City Council Award .......................................................... November 12, 2025 • PSA Execution .................................................................. November 20, 2025 • Project Kick-Off Meeting ................................................. December 1, 2025 • 60 Percent BAM Plan Submittal ...................................... February, 2026 • 90 Percent BAM Plan Submittal ...................................... April, 2026 • 100 Percent (Final) Submittal .......................................... May, 2026

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INSTRUCTIONS

REGISTRATION:

Proposals will only be considered from Companies that meet the following prerequisites:
• Have registered as a “Prospective Bidder” on the City’s electronic Current Prospective Bidder List.

Appear on the Prospective Bidder List for this procurement solicitation by registering at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39485 • Prospective Bidders should register under the following commodity codes:
o 91842 – Engineering Consulting
o 92500 – Engineering Services, Professional
• Companies that fail to appear on the Prospective Bi dder List for this RFP will be unable to participate based on all addenda being issued online. Once registered, Companies must download this RFP by clicking “Place eBid” under their name in order to appear on the Bidder’s List as “Prospective Bidder.” Companies that fail to specifically download this RFP will not appear on the Bidders’ List and will be unable to participate for this RFP.

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” paper.
• 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).

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

C. PROJECT TEAM: Identification of the project team, including organizational chart and resumes of each team member. Specific responsibilities of each team member, including subconsultants, 7 | P a g e

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.

F. BUDGETS: Provide a breakdown of the estimated hours and billing rates for each individual for each project task defined in the scope of work. The fee schedule shall show subtotal per each Categories listed in Attachment A. The fee schedule 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:

All prospective Companies submitting a proposal must appear on the City’s electronic Current Prospective Bidders List as a “Prospective Bidder.” Companies s hall register on the City’s Electronic Bidding Syst em, PlanetBids Vendor Portal. Once registered, Companie s must download the RFP by clicking “Place eBid” while logged in under their own name and identification number to appear on the Current Prospective Bidders List as a “Prospective Bidder.” Companies t hat fail to download the RFP by clicking “Place eBi d” will not appear on the Current Prospective Bidders List, and as such will not be able to receive all proposal communications and will be considered non-responsiv e. If a Company is unable to register or download the RFP from the bidding website, a representative may contact the hosting vendor:

PlanetBids: (818) 992-1771
Proposals are due by 3:00 PM on October 16, 2025 to the RFP Administrator at the City of Buena Park Public Works counter. Postmarks will not be accepted.

RFP Administrator: Hyang Sun Lee, P.E., Assistant Engineer City of Buena Park – Public Works Departme nt
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 “ Proposal – 2025 Building Asset Management Plan ”.

It is the responsibility of each Consultant to ensu re their proposal is received before the stated dea dline.

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 ma y be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wron g location, or submittals with inadequate copies ar e considered nonresponsive and will be rejected. Subm ittal of additional information after the due date is not permitted.
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QUESTIONS, ANSWERS, AND ADDENDA TO RFP:

All communications regarding technical, scope, and/ or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, Plan etBids Vendor Portal before the deadline and according to these specifications herein.

The Final day for receipt of questions from the Proposer shall be on or before September 25, 2025 before 3:00pm PDT. To ensure fairness and avoid misunderstandings , all communications must be in written format and submitted only in the format set forth above. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on PlanetBids.

All Changes to the RFP itself shall only be made by the City via a written addendum. All addenda will be published via PlanetBids. All addenda 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.

POTENTIAL PROPOSAL EVALUATION CRITERION
Qualifications and Experience – The qualifications and experience of the proposing Consulting firm and team with preparing BAMP and fa miliarity with asset management system. Experience with creating a compu ter model based on available data. Familiarity with City standards, pr ovisions, policies, and operations.

The Consultant's recent experience in conducting wo rk for contracts of similar scope, complexity, and magnitude, particularly for government agencies. Client references.
30%
Project Approach – The Consultants response in developing a comprehe nsive plan while meeting requirements and the City’s specific needs. The quality and appropriateness of the proposed methodology and wor k plan. Consultant’s ability to deploy the appropriate resources to promptly mee t requested work. The Consultant’s ability to self-perform the desired wo rk, 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 m anner 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% 9 | P a g e

The City is under no obligation to award this proje ct to the Consultant offering the lowest fee propos al.

The City reserves the right to award an agreement based on any combination of categories as deemed in the best interest of the City. Evaluation criteria expressed in this RFP solicitation may be used in t he proposal evaluation process. In evaluating proposal s, the City may consider the qualifications of the Consultants and whether the proposals comply with t he 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 evaluat ed by City staff in accordance with the above crite ria.

During the evaluation period, the City may do any o r all of the following: generate a “short list” an d conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ pla ces 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 Professiona l 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 b e prepared for approval and execution. At that time , you will need to provide current insurances certifi cates, which meet the requirements as listed in the agreement.

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TERMS AND CONDITIONS

Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by th e Consultant submitting the proposal of the terms, conditions and specifications contained in t his 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 Agreeme nt 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 a greement, the terms and conditions expressed in the Draft Agreement shall take precedence.

Public Record
Upon submission of a proposal and other materials f or 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 fed eral 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.

Late Proposals
Any proposal which is not received by the City‘s Public Works Department (6650 Beach Boulevard, Buena Park, CA 90621) prior to the deadline date and time set forth in this RFP shall not be considered.

The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.

Representations Not Binding
No verbal or written information that is obtained other than through this RFP or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or 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 prof essionalism 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 subtas ks, personnel commitments, staff-hours, labor, direct and indirect costs, etc. Consultant shall n ot take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications s ubmitted with their proposals. Where such errors or omissions are discovered by the City, full instr uctions 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 suc h; (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 | P a g e

may include portions of the original RFP as the Cit y may deem necessary; (4) Disregard all non- conforming, non-responsive, or conditional proposals, (5) Reject the response of any Consultant who does not pass the evaluation to the City’s satisfac tion, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best m eet the needs of the City, and (8) Negotiate servic e contract and terms with the successful Consultant.

Non-Compliance
Consultant and/or proposals that do not meet the st ated requirements for this project may be considered noncompliant and may be disqualified, un less such noncompliance is waived by the City.

During the evaluation process, the City reserves th e 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 th e Statement of Compliance, and written explanations s hall 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 t he responsiveness of any/all proposals. For proposals containing exceptions to specifications a nd/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 in to 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 purc hase 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 associate d 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 i nfluencing consideration of this proposal.

Submission of a proposal indicates Consultant certifies that they have not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.

Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the 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 u ntil 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 exceptio n, 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) selec tion of a different Consultant; and/or (iii) Consultant’ s provision of services if Consultant is selected a nd enters an agreement with the City pursuant to this RFP.

Insurance Requirements
The selected Consultant(s) for this project shall b e required, prior to the execution of a contract, to furnish proof of insurance. The specific insura nce 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 l icenses, 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 whol e or in part, constitute “public works” as defined in Section 1720 of the California Labor Cod e. 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 D epartment of Industrial Relations prior to execution of an agreement with the City, and mainta ining 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 necess ary to perform the work or services as part of the project described in this RFP. City will not b e responsible for reimbursing the Consultant for an y charges not included in the proposal pricing that are incurred in securing these requirements.

Subconsultant/Joint Ventures
The selected Consultant shall be the lead Consultan t performing the primary functions of the Agreement. If any portion of the Agreement is to b e 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 sub consultant(s) significantly affects the ability of the Consultant to function as lead on the awarded agree ment. 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. Acceptanc e or rejection of a Consultant’s request to use subsonsultants is at the sole discretion of the City.

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ATTACHMENTS

• Attachment A – List of Current Buildings and Square Footage • Attachment B – Draft Professional Services Agreement (PSA)

Attachment A

List of Current Buildings and Square Footage

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Category 1 Buildings and Square Footage
Buildings Address Square Footage
City Hall 6650 Beach Blvd 43,000
Police Department 6640 Beach Blvd 55,060
PD Range 6640 Beach Blvd 5,600
Community Center 6688 Beach Blvd 23,689
Orchid Room M104 6688 Beach Blvd 1,085
City Yard 6955 Aragon Cir 100,461
Whitaker-Jaynes Estate 6631 Beach Blvd 1,500
Stage Stop Hotel 6601 Beach Blvd 5,760
Heritage Hall 8152 Knott Ave 9,500
Liberty Hall 8150 Knott Ave 8,128
Veterans Hall 8150 Knott Ave 7,004
Senior Center 8150 Knott Ave 24,056
Ehlers Administration Offices 8150 Knott Ave 5,766
Total Footage 290,609
Category 2 Buildings and Square Footage
Buildings Address Square Footage
Booster Station - to be provided after award - 2,250
Well House F - to be provided after award - 240
Well House L2 - to be provided after award - 300
Well House C - to be provided after award - 250
Well House H - to be provided after award - 225
Well House K - to be provided after award - 210
Well House L - to be provided after award - 1700
Reservoir Building - to be provided after award - 144 Total Footage 5,319
Category 3 Buildings and Square Footage
Buildings Address Square Footage
Metrolink 8400 Lakeknoll Dr 3,100
Fire Station 61 7440 La Palma Ave 21,160
Fire Station 62 7780 Artesia Blvd 5,500
Fire Station 63 9120 Holder St 5,960
Total Footage 35,720

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Category 4 Parks and Acreage (including Park Facilities) Park Names Address Acres
Park Facilities Square Footage
Bellis Park 7171 8th St 21.45
Bellis Maintenance Yard 2,200
Bellis West Snack Bar 1,150
Bellis Score Tower 1 126
Bellis Score Tower 2 126
Bellis Score Tower 3 126
Bellis East Snack Bar 1,000
Boisseranc park 7520 Dale St 20 .00
Boisseranc Clubhouse 2,100
Boisseranc Restrooms 1,100
Brenner Park 7373 San Rafael Dr 4.5 0
Brenner Clubhouse 1,600
Beat Park 6600 Mt. Shasta Cir 2.00
John Beat Restroom 500
Larwin Park 6150 Ball Rd 5.9 0
Larwin Restrooms 300
San Antonio Park 8810 San Francisco Dr 6.00
San Antonio Restroom 700
Heroes Park 6200 San Rolando Cir 6.00
Heroes Restroom 400
Friendship Park 5290 Cameron Dr 6.9 0
Friendship Restroom 400
Peak Park 7225 El Dorado Dr 15.8 0
Peak Park Pool 4,900
Peak Park Clubhouse 900
Peak Park Restroom 400
Peak Park Shed 1 500
Peak Park Shed 2 500
Images Park 5600 Stratford Cir 0.5 0
Coleman Park 4th St and Stanton Ave 0.5 0
Gomez Park 7501 8th St 0.58
Whitaker Park 8401 Montana Ave 3.2 0
Whitaker Restrooms 500
Total Footage 19,528
Total Acres 93.33

Attachment B

Draft Professional Services Agreement (PSA)

PAGE 1 OF 17

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT
PSA 25-XX

D A T E :

SERVICES: Comprehensive Assessment and Develop
a Building Asset Management Plan

P R O J E C T : F r i endship Park Improvement Project

PARTIES TO THE AGREEMENT:

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

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) Contrac t Value ≤ $10,000 C ontract 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 [_________ ] an d shall remain in full force and effect until [_________ ] unles s extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of this Agreement (“Term”).

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

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

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

5. PAYMENT.

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

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

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

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

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

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

7.3 CONSULTANT represents that it has, or will secure at its ow n expense, all personnel required to perform the Services under this Agreement. All of t he Services shall be performed by CONSULTANT or under its direct supervision, and all personnel e ngaged in the work shall be qualified to perform it. CONSULTANT reserves the right to deter mine the assignment of its own employees to the performance of the Services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing Services on CITY's premises.

8. ADMINISTRATION.

8.1 City’s Representative. The City Representative identified on the cover page of this Agreement shall have authority to administer this Agreemen t and oversee CONSULTANT’s performance of the Services, provided that an individual’s authority to amend this Agreement shall be governed by applicable provisions of the Buena Park Municipal Code. All activities performed by CONSULTANT shall be coordinated through the City Representat ive. CITY may change the identity of the City Representative upon written notice to CONSULTANT.

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8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer th is Agreement on behalf of CONSULTANT and to act, bind, and approve all matters relating t o this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced w ithout the advance consent of CITY, which consent shall not be unreasonably withheld.

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

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

10. INDEMNIFICATION AND HOLD HARMLESS.

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

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

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

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

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

10.4 Taxes, Assessments, Workers Compensation . C O N S U L T A N T s h a l l p a y a l l required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws r egarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any fail ure of CONSULTANT to comply with applicable workers’ compensation laws.

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

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

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

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

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

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

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

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.4 Professional Liability (Errors and Omissions) insurance appr opriate to CONSULTANT’s profession. If such insurance policy is written on a claims-made form, t he retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.

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

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

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

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

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

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

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

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

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

.2 For any claims related to this Agreement or the Services per formed under this Agreement, CONSULTANT's ins urance coverage shall be primar y t o a n y o t h e r s i m i l a r insurance carried by Additional Insureds. Any insurance or sel f-insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.

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

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

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

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

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

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

11.9 Other Insurance Provisions.

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

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

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

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

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

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

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

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

12. WORK PRODUCT.

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

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

12.2 Ownership.

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

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

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

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

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

15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on C ONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of i ts 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 assig nment of rights under this Agreement shall not release CONSULTANT from any of its obligati ons or alter any of its obligations to be performed under this Agreement. Any attempt a t 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

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

16. SUSPENSION AND TERMINATION.

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

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

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

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

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

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

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

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

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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 connect ion with performing the Services. In the performing the Services CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the local laws, regulations, and policies of the City of Buena Park.

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

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

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

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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 wa iver by CITY of any breach of covenant, or any default that may then exist, on the part of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.

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

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

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

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

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

[signatures of parties on follow page]

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CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*

Name of Business

Signature

Name: Name:

Title: Title:

Signature

Name:

Title:

ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

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EXHIBIT A

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

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

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

ADD DESCRIPTION

ADD SCHEDULE

ADD COMPENSATION RATES / SCHEDULES

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EXHIBIT ___ (if applicable)

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

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

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

TOPOGRAPHICAL SURVEY WORK, RELO CATION WORK, CONSTRUCTION INSPEC TION,

TESTING AND OVERSIGHT SERVICES, SITE ASSEMBLY WORK, PRECONSTRUC TION

TESTING AND INSPECTION SERVICES, INSTALLATION AND REMOVAL OF TE MPORARY

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

COMPACTION TESTING, FIELD TECHNICIAN OBSERVATION OF ALL TRENCHI NG AND

BACKFILL OPERATIONS, AND FIELD TECHNICIAN INSTALLATION OF MONIT ORING DEVICES).

As to any portion of the Services that are “public works,” CONS ULTANT 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 pub lic works and CITY and CONSULTANT agree to be bound by all the provisions thereof as t hough set forth fully in this Agreement.

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

3. CONSULTANT agrees to comply with the provisions of Californ ia 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 applicab le 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, CONSULTAN T’s services are subject to compliance monitoring and enforcement by the Department of Indu strial Relations.

CONSULTANT shall post job site notices as prescribed by DIR reg ulations 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 L abor Code Section 1776 which, among other things, require CONSULTANT and each subcontr actor to (1) keep accurate payroll records, (2) certify and make such payroll rec ords available for inspection as provided by Section 1776, and (3) inform CITY of the locatio n of the records.

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

6. CONSULTANT shall comply with the provisions of California La bor 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 L abor 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 empl oyed in the execution of this Agreement by CONSULTANT or by any subcontractor for each calend ar 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 e very 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’ compensat ion or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT __ (if applicable)

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

LEVINE ACT DISCLOSURE STATEMENT

California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency fr om making, participating in, or in any way attempting to influence the awarding of a contract by t he agency if the officer receives any political contributions totaling more than $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 direct ly to the officer, received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of an y such contributions to be made by a party to be awarded a contract by the local agency. The Le vine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.

LEVINE ACT DISCLOSURES:

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

YES ___ NO ___

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

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

YES ___ NO ___

If yes, please identify the Councilmember(s):

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

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

_______________________ _____________________________________

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

_______________________ _____________________________________

NAME OF COMPANY NAME, TITLE
November 12, 2025

NEW BUSINESS
Item No. 5B.

City Council Agenda Report
PROFESSIONAL SERVICES AGREEMENT WITH ECONOMICS, INC. FOR ANNUAL SB 1383 CONSULTINGSERVICES

PREPARED BY PRESENTED BY
Laurie Aubuchon, Senior Management AnalystJoe 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 a professional services agreement with EcoNomics, Inc. in the amount of $124,989 for continued assistance in implementing the City's edible food recovery program and related requirements of Senate Bill 1383; 2) Dispense with competitive bidding pursuant to Buena Park Municipal Code Section 3.28.080 (H), which allows the City Council to dispense with bidding when it is in the best interest of the City; 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 City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
On July 26, 2022, the City Council approved an agreement with EcoNomics, Inc. in the amount of $93,950 to design and implement the City’s edible food recovery program, as required by SB 1383. The City obtained a $116,064 grant from CalRecycle, which was used to fund the contract.

On October 10, 2023, the City Council approved an agreement with EcoNomics, Inc. in the amount of $94,905 to continue implementation of the edible food recovery program. The City applied for a Local Assistance Grant from CalRecycle in November of 2023 and was awarded $224,342. Expenditures from this grant had to be justiﬁed to CalRecycle on a quarterly basis before the City could obtain the funds.

On November 12, 2024, the City Council approved an agreement with EcoNomics, Inc. in the amount of $120,003 to continue implementation of the edible food recovery program.

DISCUSSION
Senate Bill 1383 (SB 1383), also known as California’s Short-Lived Climate Pollution Reduction Strategy, requires the City to implement an Edible Food Recovery Program that includes outreach and record keeping with food providers such as restaurants, cafeterias, and wholesalers to reclaim edible food that would otherwise be disposed in landﬁlls. SB 1383 seeks to recover 20% of currently disposed edible food for human consumption by 2025.

Beginning January 1, 2024, the City started monitoring edible food generators, including grocery markets, cafeterias, and restaurants that meet speciﬁed criteria, to ensure they establish relationships with edible food recovery organizations in order to divert edible food from landﬁlls to those with food insecurities in California through arrangements with food banks and other food distribution services.

The City’s role in this regard is to enforce and facilitate the collection of edible food by educating food producers of their legal responsibilities and to obtain and report to the state the quantities of edible food that are diverted from the waste stream and provided to food recovery organizations. There is no termination date for the City’s responsibilities under SB 1383 and, as such, the need to retain a consultant is crucial to the implementation of this program.

EcoNomics, Inc. has designed and implemented an edible food recovery program for the City under their previous contracts. This included developing an outreach and educational program, implementing a record-keeping program, and facilitating relationships with edible food producers and edible food recovery organizations. EcoNomics, Inc. will continue to build on the previous agreements’ efforts with education and outreach activities, data collection, enforcement protocol development, and procurement of recycled organic-content products.

After careful consideration, staff has determined that engaging EcoNomics, Inc. directly, rather than pursuing a competitive bidding process, best supports the objectives and timeline of this project. EcoNomics, Inc. offers a unique combination of experience, technical expertise, and familiarity with our speciﬁc SB 1383 requirements that would be diﬃcult to replicate through an open solicitation. Their prior and current involvement with related projects in similar organizations, such as the cities of Anaheim, Tustin, Mission Viejo, and Lake Forest, as well as their respectable status with CalRecycle, ensures continuity, minimizes onboarding time, and reduces the risks associated with integrating a new vendor.

This report has been reviewed and approved by the Purchasing Manager.

BUDGET IMPACT
For the 2026 calendar year, the cost of EcoNomics, Inc.’s standard tasks for SB 1383 assistance is $124,989. This amount is included in the current, adopted 2025-26 Annual Budget (Account No. 11-190137-9806).

Attachments
PSA_EcoNomics_11-03-24.pdf
BP Proposal for Calendar Year 2026 11032025.pdf

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CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT 25-36

DATE: November 12, 2025

SERVICES: SB 1383 Implementation Assistance

PROJECT: Edible Food Reuse Program

PARTIES TO THE AGREEMENT:

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

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

Title: Director of Public Works/City
Engineer

Tel.: (714) 562-3672
Email: [email protected]

“CONSULTANT”: EcoNomics, Inc., a California Corporation

Consultant
Representative:

Name: Trevor Blythe
Title: Owner and President
Tel.: (858) 886-6657
Email: [email protected]

SUMMARY OF TERMS:

Start Date: January 1, 2026

End Date: December 31, 2026

Contract Value: $_____124,989.00__

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

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

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

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

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

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

PAGE 2 OF 16

CITY OF BUENA PARK

PROFESSIONAL SERVICES AGREEMENT

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

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

2. SERVICES. Subject to the terms and conditions in this Agreement, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” (the “Services”). CITY may request changes or expansion of the Services (each a “Modification”) and in such cases the Modification to the Services, and any resulting increase or decrease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of 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 $124,989.00 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate, daily rate, flat fee, lump sum, or other basis specified in Exhibit “A" to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.

5. PAYMENT.

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

5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within thirty

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

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

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

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

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

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

8. ADMINISTRATION.

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

8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer this Agreement on behalf of CONSULTANT

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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 Intentionally Deleted.

10.3 Indemnification for Services. 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. 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.

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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.

.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

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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.

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

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

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

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

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

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

CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. 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.

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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 “delegation” means any sale, gift, pledge,

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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.

19.5 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.

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

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

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

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

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

CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
EcoNomics, Inc.

Name of Business

Signature

Name: Aaron France Name: Trevor Blythe
Title: City Manager Title: Owner / President

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ATTEST:

BY:

Adria M. Jimenez, City Clerk

APPROVED AS TO FORM:

BY:

Christopher Cardinale, City Attorney

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EXHIBIT A

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

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

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

All services as described in the CONSULTANT’S Proposal for SB 1383 Implementation Assistance (“PROPOSAL”), attached as “Exhibit B.”
The schedule consists of 1,449 total staff hours, over the course of the 2026 calendar year, as outlined on page 12 of CONSULTANT’s PROPOSAL, attached as “Exhibit B.” The total cost for services for 2026 is $124,989.00, as shown on page 12 of the Proposed Buena Park Budget contained in the CONSULTANT’s PROPOSAL, attached as “Exhibit B.”

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EXHIBIT B

[ATTACH CONSULTANT’S PROPOSAL, DATED NOVEMBER 3, 2025, BEHIND THIS PAGE]

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EXHIBIT C

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

LEVINE ACT DISCLOSURE STATEMENT

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

LEVINE ACT DISCLOSURES:

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

YES ___ NO ___

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

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

YES ___ NO ___

If yes, please identify the Councilmember(s):

NOTE: Answering yes to either of the two (2) questions above does not preclude the City of Buena Park from awarding a contract to your firm. It does, however, preclude the identified officer(s) from making, participating in, or in any way attempting to influence the contract award process. Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.

_______________________ _____________________________________

DATE SIGNATURE OF AUTHORIZED OFFICIAL

_EcoNomics, Inc._________ _Trevor Blythe, Owner / President_____________

NAME OF COMPANY NAME, TITLE
1 DATE: November 3, 2025 TO: Laurie Aubuchon Management Analyst Department of Public Works City of Buena Park 6955 Aragon Circle Buena Park, CA 90620 FROM: Trevor Blythe President EcoNomics, Inc. RE: Proposal for SB 1383 Implementation Assistance – Calendar Year 2026 Per the City’s request, EcoNomics has developed the following scope of work to assist the City with implementing programs mandated by SB 1383. We have also included tasks to coordinate with CalRecycle and Edco to conduct waste characterization studies to baseline the City’s current diversion efforts in alignment with the recently adopted Climate Action and Adaptation Plan (CAAP) and explore the possibility of resetting the City’s SB 1383 procurement target using the protocols set forth in AB 2346. Additionally, we have included a task describing our level of support when CalRecycle’s Jurisdiction Assistance and Compliance Enforcement (JACE) conducts its compliance review of the City’s SB 1383 diversion efforts. A description of each proposed task and a proposed not-to-exceed budget is enclosed. Task 1: Procurement of recycled organics-content products (ROCPs) SB 1383 requires the City to develop procurement systems to ensure that an annual tonnage target of recycled-organic content products (ROCP) materials are purchased. Based on the City’s 2020 population of approximately 84,000, the City will be required to purchase over 6,700 tons of compost per year (or an equivalent amount of energy or fuel products derived from organic materials). With passage of AB 1985, the City will be required to attain 30% of its procurement target in 2023 (2000 tons), 65% in 2024 (4,370 tons), and 100% by 2025. The procurement provision of SB 1383 has proven to be challenging to jurisdictions throughout Orange County and the state. To this end, AB 2346 has been adopted and will allow additional procurement actions to count towards the City’s goal, including edible food recovery, on-site chipping of tree trimmings by the City’s contractors, investments to increase organics processing infrastructure, and community composting. EcoNomics will assist the City with interpretation of this law and identify pathways to implementing the requirements. We can also assist with assessing the feasibility of purchasing environmental attributes for electricity used by City Facilities to count towards the City’s procurement target via biomass credits. Additionally, EcoNomics will conduct

2 the following actions to assist the City with SB 1383 procurement compliance on an as needed basis: • Assist City with interpretation of SB 1383 ROCPs requirements • Conduct baseline inventory of current ROCPs purchased by the City and determine additional purchases needed to comply with annual procurement target • Analysis of City’s energy and gas use to determine ROCP credits from current energy usage • Analysis of hauler RNG usage to determine eligibility to count towards City’s ROCP target • Coordination with CalRecycle to ‘right-size’ procurement target if City cannot reasonably obtain ROCP target based on past procurement policies • Assist City with updating procurement policy to incorporate the requirements of SB 1383 into City-wide purchases, including recycled-content requirements for custodial paper products mandated by AB 661 • Assess current paper procurement policy to determine if City is in compliance with 30% post-consumer content paper purchasing policy • Assist in implementing administrative policy and municipal code language to facilitate achievement of procurement requirements • Assist City in processing amendments to contracts for ‘direct-service providers’ to require the application of mulch or compost products or to use RNG • Develop procurement tracking and reporting system internally and with City’s vendors • Assist in reporting procurement targets to CalRecycle • Assess feasibility and cost-efficacy of brokered option of purchasing compost for application outside of City limits • Analysis of AB 2346 impacts on City’s procurement system • Coordinate with OCPA to identify SB 1383-procurement credit-eligible source of electricity for use by City facilities • Other procurement-related tasks, as needed Task 2: CalRecycle Reporting and Recordkeeping Task 2.1. Update/Maintain Edible Food and Other Sections Implementation Record Jurisdictions must maintain all records required by the SB 1383 regulation in an Implementation Record (14 CCR Section 18995.2). The EcoNomics team will compile and maintain the City’s SB 1383 Implementation Record for the following areas. Currently, EDCO has an online platform where the City’s other implementation record information is maintained. • Edible Food Recovery o Identify and compile documentation for City’s edible food recovery program: list of edible food recovery organizations; list of edible food recovery services; list of 3 commercial edible food generators; documentation of the actions City has taken to increase edible food recovery capacity (if needed); inspection documentation for each: edible food recovery organization/service and commercial edible food generators. • Recovered Organic Waste Product Procurement o Identify and compile documentation for organic waste procurement: description of program(s); procurement tracking; environmental purchasing policy invoices; jurisdiction third-party procurement records; publicly owned treatment works written certification (if applicable); biomass written certification; mulch enforceable mechanisms; and any supporting documentation. • Paper Procurement o Identify and compile documentation for paper procurement: paper proof of purchases; copies of paper certifications; and any supporting documentation. • Inspection and Enforcement o Identify and compile documentation for inspections and enforcement: copies of all documentation of inspections; enforceable action copies; Notice of Violation supporting evidence; and copies of educational material issued to non-compliant generators. Task 2.2. CalRecycle Assistance Conference Call and CalRecycle Annual Visit EcoNomics is familiar with the Orange County CalRecycle Local Assistance and Market Development (LAMD) representatives and how data gathered during the site visits and conference calls is used to assess a jurisdiction’s compliance. EcoNomics assisted the City in 2024 and 2025 with its site visits and conference calls. EcoNomics will prepare and facilitate the CalRecycle Annual Visit agenda and update informal plans, and, when applicable, facilitate tours of properties that showcase innovative and cost-saving diversion programs for CalRecycle’s annual site visit. 2.3. Assistance with CalRecycle JACE Compliance Review As of October 31, 2025, JACE's compliance review is not scheduled for the City of Buena Park. EcoNomics estimates full assistance with the CalRecycle JACE compliance review will cost between $25,000-45,000. Additionally, the proposed budget for JACE Compliance Review assistance assumes full-service 'turnkey' assistance with the compliance review. EcoNomics is open to exploring ways to mitigate costs by using City staff and hauler team members wherever applicable. CalRecycle confirmed JACE will complete compliance reviews for all jurisdictions by December 31, 2026. The following steps will be taken by EcoNomics for the JACE Compliance Review:
4 1. Coordinate and Attend Pre-Meetings and Field Site Visit. Prepare for and attend preparation meetings with City and hauler. Prepare for and attend initial meetings with JACE. Assist in preparation and coordination with City and hauler to provide field site visit information for CalRecycle (i.e., routing information, commercial edible food generators listing, City facilities). Communicate with CalRecycle in preparation for visit. Shadow JACE during field site visits to document any areas of non-compliance found for City to address. 2. Prepare Written Responses. Prepare response to JACE letter and other written communications to CalRecycle before the compliance review. 3. Update Implementation Record. Update City's Implementation Record with any outstanding records to-date. Coordinate with City and hauler to obtain records and documentation. 4. Coordinate Debrief and Next Steps. Compile field site visit notes of non-compliance for City follow-up and outline plan(s) to achieve compliance. Respond to Preliminary Findings Report and Notice of Violation (If Applicable). Review CalRecycle preliminary findings report to City. Prepare for and meet with City to review report and outline next steps. Draft response to preliminary findings report including compliance solutions. Coordinate and meet with City and hauler to address any areas of non-compliance and determine communications for resolving any issues. Assist City in preparing Compliance Strategy Report in response to issuance of Notice of Violation (if applicable). Task 2.4. Electronic Annual Report (EAR) and Form 303 CalRecycle requires the submittal of an Electronic Annual Report (EAR) and Form 303, and arranges jurisdiction site visits for verification and inspection purposes on an annual basis. The tasks below describe the services that EcoNomics will provide to assist staff in meeting their mandated reporting duties. In addition to the City of Buena Park’s EAR submittal for calendar years 2023, 2024 and 2025, EcoNomics currently assists the following seven cities with gathering data for and/or drafting the Electronic Annual Report (EAR) to CalRecycle: Anaheim, Laguna Niguel, Lake Forest, Laguna Hills, Mission Viejo, San Marino, and Tustin. The annual reporting process is an important opportunity for the City to showcase its diversion programs and to demonstrate its compliance with state diversion mandates. As part of its preparation of the annual report, EcoNomics takes the following actions and gathers the following data points to provide CalRecycle a holistic picture of the City’s diversion programs. EcoNomics’ will focus its efforts on AB 341, AB 1826, and SB 1383 compliance reporting assistance vis-à-vis the annual report. • Analysis of SB1383 compliance rate • Narrative summary of all outreach efforts conducted to increase compliance 5 • Contact the hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs • Coordination with local food banks to determine the weight of edible materials donated Over the last decade, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). As part of the procedure, a diverse set of tonnage data is collected and verified. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City’s compliance with diversion mandates. Task 2.5. C&D and CALGreen CALGreen requires nearly all building projects to divert 65% or more of C&D waste away from landfills. The City approved a C&D program to ensure higher levels of compliance with CALGreen in 2025. EcoNomics will assist the City by reviewing the C&D program to ensure the program is tracking the C&D tonnages, and diverting 65% or more of C&D waste away from landfills: 1. Review and audit City’s new C&D program to ensure the program is tracking the C&D tonnages, and diverting 65% or more of C&D waste away from landfills 2. Review of waste reduction plans to assess feasibility on an ‘as needed’ basis 3. Review of disputed waste reduction plans to assess attainment of CALGreen diversion requirements and to verify if the recycling rate was achieved via review of weight tickets or facility audits 4. Assist City with the development of facility certification criteria and with the verification of criteria 5. Assist City with CalRecycle data requests regarding CALGreen 6. Analysis and aggregation of project data to determine overall compliance rate 7. Assist City with developing enclosure standards aligned with CALGreen and SB 1383 to ensure compliance with 3-stream requirements, as needed 8. Other tasks, as needed Task 3: Business Technical Assistance, Education, and Outreach SB 1383 requires the City to educate businesses and maintain an edible food recovery program. Among other requirements, SB 1383 requires the City to conduct site inspections of all Tier 1 and 2 edible food generators to verify that they have edible food recovery programs in place. This effort requires consulting staff to provide on-the-ground technical assistance for all non-compliant Tier 1 and Tier 2 generators, coupled with a concerted marketing and outreach effort to notify generators of their compliance requirements. EcoNomics has been assisting the City of Buena Park with this effort since 2022, bringing the compliance rate to over 70%. Many remaining non-compliant accounts will need concerted technical assistance to attain compliance. 6 As part of this task, EcoNomics will conduct the following actions: 1. Continue to identify non-compliant Tier 1 and 2 edible food recovery generators within the City, as required by SB 1383. 2. Continue to enroll non-compliant businesses in Careit. 3. Continue to provide technical assistance to all non-compliant Tier 1 and 2 edible food generators to develop edible food recovery programs. Refer non-compliant generators to local food recovery organizations or for the city’s enforcement. 4. Continue to compile SB 1383 edible food compliance reports to the City. In early 2026, EcoNomics will begin conducting site inspections to all non-compliant generators. The city may opt to contact businesses via email or send a “notice of inspection.” After completing this effort, EcoNomics will provide a list of non-compliant generators to the City for possible enforcement action under Section 8.15.140 of the City’s municipal code. Each generator will have a file in Careit that is shared between the City and EcoNomics. These files will contain the completed site inspection checklist, photos or copies of the edible food recovery contract, photos of edible food set aside for collection, weight reports for edible food, and other files that will help verify compliance. These files are required to be kept per the SB 1383 implementation recordkeeping requirements and can be requested by CalRecycle at any time. This database can also be shared with code enforcement officials in an evidentiary capacity if enforcement action is needed in 2025 to ensure compliance. Task 4. Assist with Conducting Baseline Waste Characterization Study The City has adopted a Climate Action and Adaptation Plan (CAAP) and is interested in baselining its current diversion levels by conducting a waste characterization. The results of the waste characterizations can be used to identify possibilities to increase diversion through expanded outreach, which will result in GHG reductions. Additionally, the City is interested in using the regulatory pathways included in AB 2346 to adjust its SB 1383 Recycled Organic Waste Product (ROWP) target. This law allows cities to conduct a waste characterization to assess how much organic waste is ending up in the MSW stream and, if it is less than 0.08 tons per person per year, allows the City to formally request a procurement target reduction from CalRecycle. In order to be eligible for a procurement target reset, EcoNomics is recommending that the City work with Edco to implement the following sampling methodology best practices that align with the additional AB 2346 guidance documents released by CalRecycle on March 3, 2025, including: 1. Representative sample: Edco will sample commercial, residential, and multi-family MSW loads based on a proportionate level to the weights generated by sector. For example, if the residential sector represents 60% of the MSW generated in the City, 60% of the samples will be residential in origin. 2. Representative of the sampling period: EcoNomics will design the study to account for seasonal variations in waste composition. To this end, there will be two (2) sampling 7 periods to represent seasonal variations in waste composition: one sampling period during the high period, where half of the samples will be taken, and one sampling period during the low period, when the other half of the samples will be taken. 3. CalRecycle’s Material List: The City will use the material listing from CalRecycle’s Facility-based Waste Characterization of Solid Waste in California document to note commodity types found in the waste. 4. 90% Confidence Interval: The City will follow statistical procedures to ensure adequate samples are taken and sorted to achieve a 90% confidence interval for relevant material types (see below). 5. ASTM Protocols: The City will follow the protocols included in ASTM D5231-92 “Standard Test Method for Determination of the Composition of Unprocessed Municipal Solid Waste” during the study. 6. Visual waste characterizations: As permitted by CalRecycle, EcoNomics will make use of visual waste characterizations for loads that are mostly homogenous. Proposed Sampling Methodology The study will sample the routes on the days shown in Table 6.1 below, for a total of 34 samples. EcoNomics will coordinate with EDCO to identify routes and approximate arrival times at the transfer station for sampling. Further, additional analysis is needed to determine the distribution of samples across different generation sectors in order to solidify the number of samples of MSW from residential, commercial, and multi-family sectors. To determine the appropriate sample distribution, EcoNomics will analyze EDCO reports to determine which percentage of MSW is generated by residents, businesses, multi-family, and self-haul customers. Prior to beginning the sampling process, EcoNomics will submit a sampling plan to CalRecycle for approval. If CalRecycle requires additional MSW samples to achieve 90% confidence, EcoNomics may recommend replacing recycling and organics samples with MSW to achieve the needed number of MSW samples to achieve an AB 2346 procurement reset eligibility. 8 Table 6.1. Example Sampling schedule Samples Monday Tuesday Wednesday Thursday Friday RESIDENTIAL MSW 1 1 1 1 1 RCY 1 1 1 1 1 ORG 1 1 1 1 1 COMMERCIAL MSW 1 1 1 1 1 RCY 1 1 1 ORG 1 1 MULTI-FAMILY MSW 1 1 1 1 1 RCY 1 1 ORG 1 1 Total 6 14 20 28 34 The following sorting methodology is recommended to be used for each of the samples included in Table 6.1 unless visual characterizations are appropriate. It is our understanding that Edco will be in charge of sorting each sample. EcoNomics recommends the following sampling and sorting protocols that align with the ASTM standards to achieve a 90% confidence interval. All of the material collected for sampling will be transported to a sorting area at a permitted solid waste facility where the presence of commodity types in the stream is measured to determine the ratio of each commodity present by weight. This will be done using the following protocol: 1. Take one sample of at least 200 pounds from the material collected for sampling (e.g. a 200-pound sample taken from the contents of all the blue-lidded Carts collected for sampling spread out on the tipping floor in a pile). 2. The 200-pound sample shall be randomly selected from different areas of the pile. Materials shall be collected for sorting from the sample pile using a grid method and shall be hand collected. The grid method assigns an imaginary XY axis over the load after it is dumped on the tipping floor. Four random number pairings between 0-20 (for the long dimension of the load i.e. length) and 0-10 (for the shorter dimension of the load, i.e. width) shall be generated to identify the location of the samples on the load. Each sample shall weigh at least 50 lbs. and shall be collected by hand in a 60- to 90-gallon Cart. 3. For the 200-pound sample, sort materials by commodity type. Place sorted commodities into separate containers. Determine the weight of commodities by weighing each Cart and deducting the tare weight. Note the gross weight, and net weight for commodities. 9 4. Calculate the composition percentage of all commodities in the sample. To determine the ratio of commodities in the sample, divide the total net weight of that commodity by the total weight of the sample. Edco will enter all data into spreadsheets to determine the percent of recoverable materials in each sample by weight. EcoNomics will also calculate the revised procurement number, and, if it is significantly less than 0.08 tons per person per year, will work with CalRecycle to reset the City’s procurement target. EcoNomics will also provide a written report of its findings as well as digital copies of all waste characterization results. EcoNomics is assuming the following division of labor for this project and has budgeted accordingly: 1. EcoNomics: a. Development of AB 2346-aligned sort methodology and coordination with CalRecycle to confirm protocol. b. Work with Edco to discuss ASTM-aligned protocols and sorting categories aligned with CalRecycle commodity groupings. c. Assist with analysis of data provided by Edco. Calculate revised procurement target using results from waste characterization study. d. Analysis of waste characterization data to identify current recovery rates by stream and by sector and develop pathways to maximize compliance. e. Draft report recommendations for CAAP attainment showing multi-year pathways to achieve desired GHG reduction goals associated with waste reduction. 2. Edco: a. Identification of routes to sample, coordination with drivers and route managers, and manual sortation of 34 (or more loads) to determine percentages of each commodity type. b. Data entry from net weights of each commodity type from 34 sorts into Excel workbook. Task 6. Other Tasks, As Needed EcoNomics has a comprehensive understanding of the operational aspects of the waste management industry. This operational expertise was gained through over 40 years of site work to implement diversion programs, field contracts compliance monitoring such as vehicle inspections and waste characterization studies, and “ride-along” with MSW, recycling, and food scrap collection program drivers. Based on our combined experience in this field, we are confident that we can efficiently and effectively provide the City with the additional support on an as-needed basis. We can complete the following tasks on an as needed basis: • Provide additional support to Public Works staff as may be necessary • Perform Recycling and Solid Waste Management and Operational Reviews 10 • Provide general advice on various waste management-related inquires and miscellaneous tasks • Prepare memos, staff reports, and general correspondence • Prepare and present material in presentation form to City staff and City officials • Update the City’s website to comply with SB 1383 requirements • Meet bi-weekly with city staff in order to provide updates on the progress of the tasks 11 Proposed Budget Request for Inflation-based Rate Adjustment for 2026 Contract Upon written authorization by the City, EcoNomics is respectfully requesting that all hourly rates be adjusted. There is currently not a rate adjustment protocol in our agreement. EcoNomics is proposing the following rate adjustment methodology for the City's consideration that would use the Los Angeles-Long Beach-Anaheim CPI factor effective January 1, 2026. For the January 1, 2026, adjustment, EcoNomics is proposing to use 2024 as the base year and that the adjustment reflects the change in the July CPI index from 2024 – 2025. All rate adjustments will be rounded down to the nearest one-dollar increment. As a courtesy to the City for the continued procurement of our services, the requested increased rates reflect a 15% reduction compared to our current market rates. Table 1: CPI Increase – July 2024 – July 2025 Table 2. Proposed Hourly Rates with 5% Cap Compared to Market Rates

12 The table below shows the proposal project budget. EcoNomics may request minor adjustments of hours between tasks with prior City approval. The below rates include the CPI adjustment requested above.

November 12, 2025

NEW BUSINESS
Item No. 5C.

City Council Agenda Report
AMENDMENT NO. 2 TO AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE PURCHASE OF SIXTEEN(16) ADDITIONAL POLICE BODY-WORN CAMERAS AND ENHANCED SERVICES

PREPARED BY PRESENTED BY
Nghia Nguyen, Police Captain Nghia Nguyen, Police Captain

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

RECOMMENDED ACTION
1) Approve Amendment No. 2 to the agreement with Axon Enterprise, Inc. for the purchase of 16 additional police body-worn cameras (BWC) with associated hardware, software, data, evidence storage, and enhanced two-way connectivity services for a total 19-month cost of $81,949.78; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and 4) Approve a budget amendment in the amount of $82,000 from Measure R funds for this purpose.

PREVIOUS CITY COUNCIL ACTION
On April 26, 2022, the City Council approved a five year agreement with Axon Enterprises for police body-worn cameras (BWC), associated hardware, software, data, and evidence storage. The agreement allowed for a 10% contingency for unexpected costs or equipment upgrades as technology improved during the term of the agreement. On July 23, 2024, the City Council approved ten additional body-worn cameras using funds from the contingency.

DISCUSSION
During the initial agreement in 2022, staff recommended the purchase of just enough BWCs (86) to equip police officers and supervisors employed with the Department at the time. In 2024, the Department requested ten additional BWCs to equip professional staff field personnel, who have direct contact with the community. In 2025, Measure R was approved, which added additional professional staff and sworn officers. This latest request of 16 BWCs will equip the additional staff and police management with BWCs. Every budgeted sworn officer (102) will now be equipped with a BWC. The ten remaining BWCs will be assigned to reserve police officers, Police Service Officers, and Traffic Enforcement Specialists. Lastly, Axon has enhanced its services by adding features such as live streaming, real-time GPS, and two-way communication, which improve both officer safety and efficiency, which helps fulfill the mandates of Measure R. During the budget process for the 2025-2026 fiscal year, staff budgeted only for the cost of (7) additional cameras (added employees), but did not include BWCs for managers, licenses, or the additional features now requested.

This amendment would be paid for by Measure R funds. This agreement is structured for 19-months to align with the end date of the original agreement.

The City Attorney has reviewed and approved the language.

BUDGET IMPACT
The cost of the additional 16 police body-worn cameras, associated hardware, maintenance, implementation, training, storage, support, and enhancements for the first year (FY 2025/2026) is $40,974.87. The second year (FY 2026/2027) cost is $40,974.91 (13-650701-6240). Staff proposes to utilize Measure R funds for this amendment. A budget amendment in the amount of $82,000 is recommended for this purpose.

Attachments
Axon Quote Q-727225-45909KP.pdf
Original Agreement with Axon Enterprises 2022.pdf
Original Agenda Report; Dated April 26, 2022.pdf

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Buena Park City CouncilNovember 12, 2025

Buena Park City Council
November 12, 2025