Cities Index.
Agenda packet, regular meeting

Buena Park City Council
December 9, 2025

Document
Agenda packet, regular meeting
Meeting
December 9, 2025
Body
Buena Park City Council
Pages
23
Original file
89.0 MB
Text extracted from the city's file for reading and search. Open the original on s3.us-west-004.backblazeb2.com. That file is the official record.

I hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day of _______________ 2025.

_____________________________
City Clerk

SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
PAYRUN: NF1
DATE: 11/14/2025

CHECK DEPOSIT CHECK

NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER V392470 2,119.17 .00 APARICIO, LESLIE 590 V392471 4,548.63 .00 COPPING, SARA 951 V392472 2,483.34 .00 ENGLEBRECHT, BRIDGET 261 V392473 3,327.91 .00 FEWER, JESSICA 580 V392474 7,589.05 .00 FRANCE, AARON 1650 V392475 725.49 .00 GODBOLD, KATELIN 672 V392476 942.86 .00 LOPEZ, JESSE 606 V392477 203.82 .00 MCKINNEY, KENNETH 552 V392478 2,876.95 .00 MEDINA, YARETZA 8 V392479 1,118.36 .00 OWAKA, PASCHAL 615 V392480 23.70 .00 PERSI, MICHAEL 678 V392481 47.39 .00 STRONGMAN, BENJAMIN 681 V392482 189.60 .00 TEHRANI, AIDIN 551 V392483 3,075.43 .00 CASTRO, GWENDOLYNE 503 V392484 3,474.67 .00 CERDA, JUAN 831 V392485 6,860.08 .00 FENTON, EDWARD 1564 V392486 1,083.36 .00 HICKMAN, AISHA 665 V392487 1,961.18 .00 KERN, DONNA 2574 V392488 2,830.92 .00 PREVO, DOREKA 390 V392489 3,925.63 .00 VALDEZ, REBECCA 5490 V392490 2,281.61 .00 BUENROSTRO, PATRICIA 227 V392491 1,726.59 .00 GALLENTINE, KAILEY 486 V392492 4,270.01 .00 GARCIA, ADRIAN 1700 V392493 1,322.79 .00 GLAVIN, BARBARA 1768 V392494 2,099.08 .00 HERNANDEZ, GLORIA 2092 V392495 7,207.60 .00 HYUN, SUNG 2248 V392496 2,395.88 .00 KIM, MIN 2584 V392497 2,333.80 .00 LOVEJOY, REBEKAH 76 V392498 1,567.54 .00 OZAKI, GRACE 3881 V392499 2,181.11 .00 PAK, TIMOTHY 3955 V392500 2,957.98 .00 PEREZ, JESSICA 4111 V392501 2,717.92 .00 TOMASSETTI, JEEVANI 5623 V392502 2,269.38 .00 TRAN, KRYSTLE 242 V392503 3,811.21 .00 AVERELL, MARK 272 V392504 2,704.97 .00 COLES-GUZMAN, MARY 950 V392505 2,435.91 .00 KENNEDY, SEAN 111 V392506 1,031.06 .00 AHN, JOYCE 263 V392507 985.96 .00 FRANCO-HERNANDEZ, CARLOS 566 V392508 922.90 .00 HOQUE, LAMIYA 412 V392509 819.02 .00 SONNE, SUSAN 5161 V392510 777.24 .00 TRAUT, CONNOR 5399 V392511 3,056.45 .00 ALMQUIST, ANNA PATRICIA 168 V392512 2,017.11 .00 GUERRA, SARAH 1470 V392513 6,089.83 .00 JIMENEZ, ADRIA 2297 V392514 1,213.56 .00 KIRK, RALPH 384 V392515 2,158.68 .00 LOPEZ, ANGELICA 2928 V392516 1,467.94 .00 GONZALEZ, VANESSA 866 V392517 2,247.96 .00 FLORES, CHRISTOPHER 464 V392518 3,420.67 .00 HOPKINS, NICHOLAS 627 V392519 3,121.65 .00 LESTER, ALEXANDER 2868 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392520 2,001.28 .00 MACIAS, JUDITH 2996 V392521 2,755.97 .00 MAYORQUIN, RAYMUNDO 221 V392522 2,909.82 .00 TART, ANDRE 5235 V392523 1,274.42 .00 TELLEZ, ALMA 667 V392524 3,090.26 .00 ALVAREZ, JOSHUA 458 V392525 1,068.38 .00 CASTANEDA, GUADALUPE 280 V392526 5,359.59 .00 CASTELLANOS, CARLOS 515 V392527 2,641.03 .00 CATALDO, JOHN 766 V392528 3,049.69 .00 CRAVENS, ROBERT 658 V392529 2,233.39 .00 DAVIS-VALENTINE, SUZANNE 1085 V392530 794.49 .00 DINH, MICHELLE 433 V392531 6,682.70 .00 FOULKES, MATTHEW 9 V392532 1,137.17 .00 GUZMAN, FEDERICO 1918 V392533 1,970.29 .00 LI, CELINE 832 V392534 4,145.75 .00 LUNA, HARALD 264 V392535 3,095.01 .00 MCALEESE, IAN 159 V392536 3,392.86 .00 NAVARRO, SANDRA 93 V392537 2,444.42 .00 SANTOS, RUTH 4640 V392538 1,925.93 .00 TAE, RAY 5196 V392539 4,300.38 .00 THAI, LOTUS 536 V392540 2,607.42 .00 ZAPIEN, ERNESTINE 5777 V392541 3,602.13 .00 DHAUW, MELISSA 1170 V392542 1,938.21 .00 GRIFFIN, CHEKESHA 865 V392543 1,020.97 .00 MARTINEZ, RICHARD 834 V392544 3,295.63 .00 SUAREZ, SARABETH 5169 V392545 3,192.03 .00 YOON, JIWON 91 V392546 479.99 .00 BARR, LISA 366 V392547 2,498.63 .00 BARRAZA, TAYLOR 501 V392548 3,508.63 .00 COTA, LORRAINE 954 V392549 6,045.53 .00 DAVENPORT, JOSEPH 1094 V392550 6,397.76 .00 GEYER, BRADLEY 1692 V392551 7,222.67 .00 NGUYEN, NGHIA 3755 V392552 7,356.75 .00 NUNES, FRANK 3813 V392553 2,887.06 .00 SEMAAN, NADIA 4740 V392554 870.23 .00 CHARNES, LANCE 783 V392555 9,932.40 .00 DIERINGER, RYAN 1145 V392556 3,236.13 .00 HERNANDEZ, ISABELLA 112 V392557 3,992.86 .00 JIMENEZ, ROBERT 352 V392558 3,208.25 .00 KIM, HYUN 328 V392559 3,332.15 .00 LAM, DAVID 2790 V392560 704.87 .00 LOVCHIK, MICHAEL 6 V392561 4,656.37 .00 MIKIEWICZ, SIMON 3360 V392562 1,883.38 .00 NOVOTNY, MARY 3705 V392563 6,134.53 .00 TOMSICK, MARTIN 5360 V392564 2,819.38 .00 ALCALA, BRITTANY 58 V392565 2,582.63 .00 ARIAS, KALEA 592 V392566 2,692.45 .00 BARAJAS, MAYRA 357 V392567 2,467.97 .00 BINYON, ERIC 506 V392568 5,203.26 .00 BRANDSTETTER, JAMES 629 V392569 3,624.15 .00 BUTH, CATHERINE 561 V392570 3,529.21 .00 CARPENTER, SCARLET 1663 V392571 778.88 .00 CIFUENTES MEDINA, DANNA 671 V392572 778.88 .00 CORTEZ TORRES, AMANDA 450 V392573 1,139.64 .00 DIERINGER, REGINA 1515 V392574 4,402.62 .00 ESCOBEDO, STACEY 1530 V392575 4,510.88 .00 ESQUETINI, MARIA 1536 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392576 959.43 .00 GONZALEZ, BAILEY 868 V392577 946.33 .00 MADHAE, DEEPINDER 555 V392578 3,671.47 .00 MAERKER, ELIZABETH 3017 V392579 3,825.29 .00 MCGRATH, CODY 3220 V392580 823.79 .00 MENDOZA ESPINOZA, MYA 532 V392581 763.09 .00 MONTANO, BRIANNA 816 V392582 1,024.36 .00 ONTIVEROS, STEVEN 342 V392583 2,358.83 .00 OSEJO, SOFIA 833 V392584 3,002.13 .00 PALMA CARDENAS, DIANA 3970 V392585 972.94 .00 RODRIGUEZ TZAJ, SANDY 604 V392586 1,000.38 .00 RODRIGUEZ VILLA, YARELI 205 V392587 2,226.73 .00 SAUCEDA, CATHLEEN 4645 V392588 4,676.23 .00 SHERIFF, SAMANTHA 2096 V392589 823.79 .00 SILVERIO, SAMANTHA 497 V392590 4,623.36 .00 TANIGUCHI, MELISSA 5230 V392591 820.74 .00 VELLANOWETH, KRISTINE 217 V392592 696.52 .00 WOOD, HUNTER 605 V392593 .00 .00 CHAN, KARA 795 V392594 2,477.87 .00 FIORE, KATE 1560 V392595 2,376.81 .00 FLOHRA, KARAN 516 V392596 3,586.93 .00 FOX, CHARITY 1641 V392597 723.03 .00 KUHN, MICHELLE 2730 V392598 799.99 .00 KUHN, TARI 2747 V392599 2,244.45 .00 MAERTZ, DANA 3018 V392600 3,176.08 .00 MENDIVEL, CHRISTINA 3299 V392601 2,316.33 .00 NGO, CATHERINE 3752 V392602 3,173.81 .00 PENDLETON, SUN 4080 V392603 1,994.32 .00 TENG, LING-FEI 2871 V392604 2,238.41 .00 UMLAH, AMBER 5435 V392605 1,943.66 .00 YBARRA, DELIA 529 V392606 6,626.27 .00 BATES, PATRICK 378 V392607 5,616.07 .00 BELTRAN, CHRISTINA 13 V392608 5,171.02 .00 BLACKWOOD, PHALANN 550 V392609 7,027.24 .00 BOURNE, CLIFFORD 5612 V392610 4,246.00 .00 BOYD, ROBERT 584 V392611 3,987.25 .00 BOYER, CAMERON 585 V392612 5,684.56 .00 BRAVO, ISABEL 420 V392613 5,516.55 .00 CAMPOS, LOLANI 728 V392614 4,280.16 .00 CERDA, SERGIO 240 V392615 3,703.57 .00 CHAVEZ, ALEJANDRO 182 V392616 5,403.21 .00 CHAVEZ, ANTONY 246 V392617 2,258.38 .00 CHO, YOUNGVEEN 758 V392618 5,601.02 .00 CURATOLA, ANTHONY 350 V392619 4,753.28 .00 DAVIS, JONATHAN 1083 V392620 11,850.96 .00 ESCAMILLA, MARIO 1529 V392621 5,454.08 .00 ESCOBEDO, DOMINICK 1521 V392622 4,320.73 .00 ESTRELLA, CARL JOSEPH 415 V392623 5,064.45 .00 FRANKLIN, KEVIN 1649 V392624 7,429.53 .00 GALOS, MICHAEL 1680 V392625 5,375.38 .00 GANO, KEVIN 1742 V392626 3,480.40 .00 GARCIA, JONATHAN 514 V392627 6,149.74 .00 GENTNER, GEORGE 1765 V392628 5,312.39 .00 GONZALEZ, LUIS 164 V392629 6,476.36 .00 GONZALEZ, OSCAR 1785 V392630 4,842.95 .00 HERST, RYAN 2102 V392631 4,251.08 .00 HOGAN, CHRISTIAN MICHAEL 138 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392632 7,170.34 .00 HONG, ALEX 2130 V392633 6,814.50 .00 JIMENEZ, GUSTAVO 2285 V392634 5,540.96 .00 JOHNSON, BRYAN 2300 V392635 2,218.32 .00 LEE, DAE WON 814 V392636 6,185.76 .00 LEPE, SERGIO 2901 V392637 6,006.71 .00 LIRA, JOSEPH 133 V392638 4,044.12 .00 LOPEZ, GUILLERMO 2958 V392639 6,657.13 .00 LOVETERE, JOSEPH 2962 V392640 3,369.53 .00 LUONG, AARON 577 V392641 4,813.12 .00 MARTINEZ, JESUS 117 V392642 5,084.34 .00 MEDRANO, JULIAN 3223 V392643 3,021.48 .00 MEKDARA, BOBBY 624 V392644 3,389.89 .00 MEONO, ROBIN 351 V392645 5,706.41 .00 MOELLER, SARAH 3590 V392646 4,632.48 .00 MORALES, FRANK 3489 V392647 3,227.24 .00 MORQUECHO, FERNANDO 510 V392648 5,839.68 .00 MUNOZ, OSCAR 3605 V392649 5,001.30 .00 MURILLO CASTRO, JULIAN 268 V392650 3,525.35 .00 NGUYEN, ANTHONY 258 V392651 6,314.58 .00 NYHUS, CHRISTOPHER 3808 V392652 6,469.81 .00 O'DETTE, DIRK 3823 V392653 3,739.30 .00 OH, WILLIAM 326 V392654 5,059.93 .00 OSORIO, STEVIE 573 V392655 4,981.50 .00 PADILLA, VALERIE 108 V392656 4,628.27 .00 PARRA, ANGEL 498 V392657 6,339.88 .00 PINO, RICHARD 4171 V392658 7,533.48 .00 PLUMLEE, ROGER 4180 V392659 6,596.61 .00 PROCEL, ANDY 4243 V392660 5,630.85 .00 RAMIREZ, ANGEL 4314 V392661 3,511.75 .00 RANGEL, PRISCILLA 4337 V392662 8,136.16 .00 REYES, HUGO 98 V392663 4,765.68 .00 RODRIGUEZ, CHRISTIAN 4476 V392664 7,348.02 .00 RODRIGUEZ CASTILLERO, JOSEPH 259 V392665 4,895.13 .00 SALAZAR, RYAN 4626 V392666 6,134.02 .00 SHADDOW, JON-MICHAEL 4837 V392667 5,318.47 .00 SOLIS, DANIEL 5000 V392668 2,960.59 .00 SOUSA, MATTHEW 596 V392669 4,189.97 .00 TEWELL, MELISSA 5282 V392670 6,331.12 .00 TRAN, TUYET 5424 V392671 6,179.43 .00 WILLIAMS-GIROUX, JACOB 499 V392672 7,512.58 .00 COLON, BOBBY 900 V392673 8,086.60 .00 LEE, CONNOR 2861 V392674 1,972.76 .00 MENDOZA HERNANDEZ, STEPHANIE 427 V392675 4,166.34 .00 ORTEGA, MICHAEL 104 V392676 2,047.39 .00 RAMIREZ, ARIANNA 86 V392677 5,659.15 .00 RICE, JAMES 4408 V392678 2,969.17 .00 SILVA, OSCAR 4886 V392679 2,785.07 .00 VAZQUEZ-CAMACHO, MARLENE 101 V392680 5,369.24 .00 VU, JEFFREY 5519 V392681 1,189.47 .00 BAIR, JOHN 284 V392682 1,034.26 .00 CASEY, DROUETT 771 V392683 724.28 .00 PATTON, DANA 4060 V392684 6,331.55 .00 BAILEY, JOHN 355 V392685 6,308.61 .00 BERNAL, DAVID 480 V392686 4,397.23 .00 BOUDREAU, CORY 583 V392687 2,538.11 .00 BOUDREAU, LAURA 2192 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392688 8,133.74 .00 BOYINGTON, DEVIN 594 V392689 5,249.05 .00 CARNEY, THOMAS 751 V392690 4,832.94 .00 CHRISTIANSEN, ANDREW 97 V392691 3,440.72 .00 EK, CHRISTOPHER 1477 V392692 4,336.44 .00 KALAGIAN, BRYANT 2436 V392693 2,571.43 .00 LARA, KARON 103 V392694 5,144.07 .00 LOMELI, LISBETH 4516 V392695 3,164.71 .00 LOPEZ, VANESSA 2929 V392696 5,841.21 .00 LOPEZ, WILLYVALDO 2941 V392697 6,882.33 .00 LOWE, AUSTIN 2956 V392698 3,756.80 .00 MOON, DAVID 3479 V392699 3,036.59 .00 MORALES MALDONADO, IVETT 3490 V392700 1,867.37 .00 O'DETTE, NANCY 1920 V392701 5,514.58 .00 PANTOJA, DAVID 3986 V392702 4,896.14 .00 RUBALCAVA, EFRAIN 4590 V392703 2,527.06 .00 SULLIVAN, STACEY 5160 V392704 3,298.95 .00 TREADWAY, SARA 4210 V392705 4,130.91 .00 TURNER, JERAMIAH 291 V392706 5,010.45 .00 VU, KRISTINE 63 V392707 23.70 .00 ARELLANO, PEDRO 391 V392708 24.64 .00 BROWN, ARTHUR 655 V392709 2,213.42 .00 CARDENAS, MARGARET 336 V392710 23.70 .00 DESAI, PRADIP 1121 V392711 23.70 .00 ESPINOZA, GUSTAVO 491 V392712 2,397.71 .00 IBARRA, KRISTI 88 V392713 7,175.51 .00 MIKHAEL, MINA 3359 V392714 23.70 .00 RODDEN, MARK 406 V392715 2,199.66 .00 ALMANZA, MINERVA 79 V392716 4,633.07 .00 ALQAM, NADER 71 V392717 4,397.80 .00 ARABOLU, DEEPTHI 178 V392718 3,100.91 .00 CAPISTRANO, FRANCES 74 V392719 3,200.33 .00 COLES, CARINA 77 V392720 2,962.77 .00 ESPARZA-ALMARAZ, AARON 383 V392721 2,911.81 .00 GUZMAN, HECTOR 512 V392722 1,464.79 .00 HA, ALAN 677 V392723 4,910.65 .00 LANNAN, GREGORY 2791 V392724 2,639.47 .00 LEE, HYANG SUN 430 V392725 3,594.18 .00 MILLER, JADEN 513 V392726 3,282.20 .00 TRAN, JASON 96 V392727 3,725.21 .00 WRAY, NORMAN 5725 V392728 2,635.59 .00 ZARAGOZA, EDUARDO 5788 V392729 3,452.05 .00 AUBUCHON, LAURIE 250 V392730 2,233.89 .00 GENERA, ELIZABETH 1685 V392731 4,786.81 .00 HUNT, JOSEPH 2249 V392732 1,965.81 .00 LUX, ANDREA 2972 V392733 3,231.73 .00 VENEGAS MENDEZ, JAVIER 5491 V392734 548.89 .00 AGUILAR, JUAN 861 V392735 2,897.74 .00 BACA, ANDREW 315 V392736 3,228.33 .00 BRITO, MICHAEL 642 V392737 1,072.90 .00 CASTRO, EFRAIN 641 V392738 708.13 .00 CASTRO, JOHN 540 V392739 1,405.23 .00 CISNEROS, STEVEN 855 V392740 1,027.14 .00 COLORADO, JARRETH 852 V392741 2,768.21 .00 ESCATEL-OROSCO, PEDRO 1537 V392742 1,333.91 .00 ESPINOSA, GUIDO 637 V392743 868.43 .00 GARCIA, RYAN 851 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392744 1,449.49 .00 GONZALES, DERRICK 635 V392745 2,701.25 .00 GONZALEZ, ALEJANDRO 1783 V392746 1,840.36 .00 GONZALEZ, KONRAD 587 V392747 708.13 .00 HERNANDEZ, OSBALDO 863 V392748 1,082.51 .00 HERRERA, FELIX 856 V392749 731.87 .00 LARA, PAULO 849 V392750 4,363.02 .00 LIBUNAO, NINO 2912 V392751 1,782.39 .00 LISCANO, CHRISTOPHER 850 V392752 1,488.50 .00 MARASCO, MATTHEW 289 V392753 1,487.02 .00 MORALES, LEONARDO 819 V392754 1,569.99 .00 MORENO, MARCOS 862 V392755 2,571.49 .00 MUNOZ, JOHNNY 144 V392756 1,828.61 .00 NAJERA, JESSE 3630 V392757 708.13 .00 NGUYEN, DUNG 858 V392758 708.13 .00 ORTIZ, RAYMOND 309 V392759 708.13 .00 PAPANIC, DENNIS 548 V392760 708.13 .00 PEREZ, ISAIAH 523 V392761 731.86 .00 RAMIREZ ALVAREZ, JOSE 857 V392762 3,071.70 .00 RIVERA, JOE 4450 V392763 1,405.22 .00 RODRIGUEZ, MIGUEL 589 V392764 2,266.79 .00 RODRIGUEZ, OSCAR 131 V392765 548.89 .00 SANTANA, JESUS 860 V392766 2,013.57 .00 SERNA, JUAN 4728 V392767 365.93 .00 SESSION, DIMITRIAS 859 V392768 2,534.03 .00 TORREZ, JAVIER 69 V392769 868.43 .00 VILLANUEVA, RICHARD 854 V392770 2,246.15 .00 CARRILLO, EDWARD 765 V392771 1,821.19 .00 CHAVEZ, CAESAR 544 V392772 2,646.83 .00 ELLS, ZACHARY 1500 V392773 2,551.65 .00 ENNIS, JOSEPH 262 V392774 2,067.14 .00 ESPINO, KEVIN 517 V392775 4,391.50 .00 FINCH, BARRETT 1574 V392776 3,112.55 .00 HAGAN, KEVIN 1947 V392777 3,055.43 .00 KVENBO, SCOTT 2750 V392778 2,026.08 .00 LAUTERIO, MATTHEW 533 V392779 2,515.64 .00 MARTINEZ, MARCO 215 V392780 4,737.38 .00 MCGEE, MICHAEL 9306 V392781 2,324.15 .00 MILLER, DAVID 3390 V392782 2,862.64 .00 MOJARRO, ANDREW 3082 V392783 3,735.44 .00 MOORE, FRANK 3486 V392784 1,765.40 .00 MYLLES, JOSHUA 279 V392785 1,925.40 .00 PRECIADO, CAMDEN 134 V392786 2,812.61 .00 SANCHEZ, JUAN 4617 V392787 2,344.09 .00 SPEAR, ANTHONY 5011 V392788 2,996.91 .00 STEPHENSON, MARK 5122 V392789 3,364.83 .00 TAVARES, JAMEY 5231 V392790 1,941.77 .00 ALVAREZ, CARLOS 136 V392791 1,333.87 .00 AVILA, NICHOLAS 744 V392792 2,943.55 .00 DAHL, TERRY 1084 V392793 2,812.88 .00 DOMINGUEZ, KEVIN 565 V392794 2,156.63 .00 GARCIA DEL TORO, JOSE 845 V392795 2,510.62 .00 GARCIA ORTEGA, JOSE 1636 V392796 2,325.45 .00 GRIMES, DAVID 1881 V392797 2,184.58 .00 GUZMAN, KEVIN 132 V392798 2,395.63 .00 KOSS, MICHAEL 2718 V392799 3,185.68 .00 MARTINEZ, GABRIEL 3139 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392800 2,626.62 .00 MELLADO, KIM 3289 V392801 2,837.92 .00 MERROW, MATTHEW 3316 V392802 2,366.58 .00 OTTEN, DAVID 3869 V392803 3,684.38 .00 PORTER, JEFFREY 4174 V392804 1,333.87 .00 RAMOS, NIKOLAS 815 V392805 3,528.94 .00 RODRIGUEZ, EDWARD 4479 V392806 2,189.73 .00 RUIZ, ALEJANDRO 416 V392807 1,363.77 .00 SAILIATA, RAYMOND 648 V392808 1,333.87 .00 SOLOMAN, ROBERTO 654 V392809 2,011.68 .00 TORRES, SALVADOR 234 V392810 2,393.31 .00 WELLS, ANTHONY 5610 V392811 2,814.17 .00 CAMPIZTA, ADAM 225 V392812 2,948.31 .00 DE LA CRUZ, RICARDO 558 V392813 3,553.58 .00 MACIAS, RAYMOND 2998 V392814 2,798.39 .00 WEAR, JOHN 5606 V392815 2,298.61 .00 ALARCON, ALEXANDER 485 V392816 7,122.02 .00 BOX, JAMES 576 V392817 2,231.81 .00 CHAVEZ, ARIANA 788 V392818 2,031.94 .00 CONTRERAS, SAUL 95 V392819 3,136.24 .00 HURTADO, MARIA 353 V392820 2,194.85 .00 MANCILLA, JSSICA 451 V392821 2,398.48 .00 MARTINEZ, SERENA 3147 V392822 2,164.21 .00 MOMPELLER, JUSTICE 443 V392823 1,052.31 .00 SANCHEZ, CHRISTOPHER 236 V392824 3,492.59 .00 SAUCEDA, MARK 4642 V392825 921.48 .00 ALVARADO, ADRIAN 89 V392826 600.15 .00 BAHENA, PEDRO 148 V392827 608.38 .00 BAKER, JAMISON 465 V392828 896.06 .00 BALENTI, TYLOR 846 V392829 429.96 .00 BARENG, KATHERINE 33 V392830 624.82 .00 CARBAJAL, MARCELO 848 V392831 279.02 .00 CARVENTE, GIANJAVIER 334 V392832 540.64 .00 CISNEROS, MICHELLE 812 V392833 624.82 .00 CONSTANTINE, NATALIE 837 V392834 420.81 .00 DURGIN, JAYLIND 186 V392835 558.04 .00 ESCAMILLA PATRICIO, DANIELLE 534 V392836 301.89 .00 FERNANDEZ, GISSEL 330 V392837 465.27 .00 GARCIA, MICHELE 171 V392838 242.34 .00 GONZALEZ, ISAAC 294 V392839 1,009.86 .00 GUERRA, ATHZIRI 141 V392840 960.72 .00 GUERRA, ROCCO 44 V392841 980.18 .00 GUILLEN, JAYDEN 339 V392842 771.85 .00 GUTIERREZ, MICHELLE 1925 V392843 429.96 .00 GUTIERREZ, SABRINA 847 V392844 956.12 .00 HERNANDEZ, KATE 2091 V392845 109.78 .00 HERNANDEZ-ZAMORA, JAZMIN 613 V392846 1,063.53 .00 HOLLOWAY, ELIZABETH 2185 V392847 393.37 .00 LEOS LOPEZ, EVELYN 836 V392848 457.41 .00 LEWIS, ALEC 266 V392849 632.68 .00 MAGANA, ADAM 173 V392850 748.11 .00 MOLINA, LILLY 611 V392851 573.71 .00 MORENO, ANDREW 161 V392852 616.60 .00 NGHIEM, NATALIE 249 V392853 256.15 .00 NGUYEN, KEVIN 299 V392854 698.40 .00 OCHOA, ALAN 192 V392855 76.58 .00 ONTIVEROS, IZABELLA 3864 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 11/13/2025 CITY OF BUENA PARK PAYREP83 TIME: 12:35:50 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NF1'

ALL CHECKS
V392856 274.44 .00 REYES, JETH 844 V392857 978.72 .00 RIVERA GOMEZ, YAMILEX 4432 V392858 347.63 .00 RODRIGUEZ, JACOB 839 V392859 604.27 .00 RODRIGUEZ, KAREN 538 V392860 439.11 .00 RODRIGUEZ, MIKAYLA 295 V392861 716.62 .00 RUIZ, LUIS 527 V392862 912.52 .00 SANCHEZ, NATHAN 504 V392863 704.42 .00 SANTANA, JOZELYN 838 V392864 365.92 .00 SCOTT, EMANY 842 V392865 448.26 .00 SHRESTHA, SALIS 610 V392866 697.43 .00 SOLTERO, JESSE 177 V392867 384.22 .00 SORIA, NOAH 5004 V392868 867.54 .00 STRICKLER, LINDA 5135 V392869 1,028.59 .00 TAPIA, ANGELICA 306 V392870 1,090.28 .00 THOMSEN, MATTHEW 194 V392871 484.85 .00 TUCKER, JOSEPHINE 843 V392872 2,807.86 .00 VAN SICKLE, MICHELLE 2076 V392873 999.67 .00 VAZQUEZ, OSCAR 152 V392874 665.92 .00 VELOZ, SABRINA 146 V392875 720.16 .00 WEBER, ISABELLA 614 V392876 118.93 .00 WONGSUPHAKPHAN, BRIANNA 337 V392877 1,071.92 .00 AGUILAR, KALVIN 23 V392878 530.59 .00 BARTOLO, BRYAN 338 V392879 699.53 .00 CABUSAO, NINA MARINELLA 729 V392880 1,358.98 .00 CARRERA ABAD, MARIA 864 V392881 1,009.86 .00 CHOATE, RACHAEL 511 V392882 898.91 .00 CORRALES, ISAAC 474 V392883 2,767.39 .00 DAVIS, TANIKKA 1082 V392884 1,334.52 .00 GRACIA, TONY 622 V392885 920.34 .00 HONG, YI 2189 V392886 684.09 .00 KENDRIX, PERRY 741 V392887 1,323.88 .00 LARIZ RUBALCAVA, CARLOS 429 V392888 940.57 .00 LIZARRAGA, ERIK 483 V392889 2,193.07 .00 LOZANO, WILFREDO 621 V392890 2,564.19 .00 MARQUEZ PINEDO, ANALISA 3118 V392891 1,222.85 .00 MEGGINSON, MARK 562 V392892 831.26 .00 MENDOZA, GISELLE 522 V392893 2,785.20 .00 NIELSEN, ROSEMARY 3760 V392894 1,087.28 .00 ORTIZ, YAHAIRA 241 V392895 377.65 .00 ROJAS, ASHLEY 473 V392896 916.35 .00 RUIZ, GIANCARLO 466 V392897 990.22 .00 SALAZAR, NICHOLAS 661 V392898 859.28 .00 SANCHEZ, MARIA 818 V392899 591.93 .00 SANDOVAL, RYAN 663 V392900 732.17 .00 SINGH, YASMINE 479 V392901 763.32 .00 SOSA, ELIANNA 341 V392902 740.19 .00 TOLEDO, ISAAC 742 V392903 357.57 .00 VEGA-MATA, PEDRO 278 V392904 684.69 .00 ZAZUETA, RYAN 267

PAYRUN TOTAL
CHECK: 435 1,199,501.54 .00
TOTAL
CHECKS: 435 1,199,501.54 .00
RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK,

CALIFORNIA ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $1,203,174.01 COVERING REGULAR PAYROLL ENDING
NOVEMBER 21, 2025

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

SECTION 1: That in accordance with Section 37208 of the Government Code, the Director of Finance or his designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof.

__________________________________
Director of Finance

SECTION 2: The claims and demands in the sum of $1,203,174.01 set forth on this 10-page register attached to this resolution and made a part hereof have been audited as required by law and are hereby allowed in the amount set forth.

PASSED AND ADOPTED this _____ day of _______________ 2025 by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor

ATTEST:

__________________________
City Clerk

RESOLUTION NO. _______

Page 2 ends

I hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this _____ day of _______________ 2025.

_____________________________
City Clerk

SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
PAYRUN: NFT
DATE: 11/17/2025

CHECK DEPOSIT CHECK

NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER 392905 .00 21.88 ONTIVEROS, IZABELLA 3864

PAYRUN TOTAL
CHECK: 1 .00 21.88
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
PAYRUN: NF2
DATE: 11/28/2025

CHECK DEPOSIT CHECK

NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER 392906 .00 5,351.77 CATALDO, JOHN 766 V392907 2,119.17 .00 APARICIO, LESLIE 590 V392908 939.01 .00 BOUDREAU, GRACE 730 V392909 4,548.63 .00 COPPING, SARA 951 V392910 2,483.34 .00 ENGLEBRECHT, BRIDGET 261 V392911 3,327.91 .00 FEWER, JESSICA 580 V392912 7,590.90 .00 FRANCE, AARON 1650 V392913 605.27 .00 GODBOLD, KATELIN 672 V392914 904.15 .00 LOPEZ, JESSE 606 V392915 331.79 .00 MCKINNEY, KENNETH 552 V392916 2,876.94 .00 MEDINA, YARETZA 8 V392917 1,167.26 .00 OWAKA, PASCHAL 615 V392918 908.74 .00 STRONGMAN, BENJAMIN 681 V392919 213.30 .00 TEHRANI, AIDIN 551 V392920 3,075.43 .00 CASTRO, GWENDOLYNE 503 V392921 3,474.67 .00 CERDA, JUAN 831 V392922 6,860.08 .00 FENTON, EDWARD 1564 V392923 2,605.15 .00 GONZALEZ, VANESSA 866 V392924 1,110.74 .00 HICKMAN, AISHA 665 V392925 1,961.18 .00 KERN, DONNA 2574 V392926 2,850.06 .00 PREVO, DOREKA 390 V392927 3,944.27 .00 VALDEZ, REBECCA 5490 V392928 2,303.25 .00 BUENROSTRO, PATRICIA 227 V392929 1,726.59 .00 GALLENTINE, KAILEY 486 V392930 4,270.01 .00 GARCIA, ADRIAN 1700 V392931 1,322.79 .00 GLAVIN, BARBARA 1768 V392932 2,118.22 .00 HERNANDEZ, GLORIA 2092 V392933 10,294.79 .00 HYUN, SUNG 2248 V392934 2,395.88 .00 KIM, MIN 2584 V392935 2,352.93 .00 LOVEJOY, REBEKAH 76 V392936 993.82 .00 OZAKI, GRACE 3881 V392937 3,046.83 .00 PAK, TIMOTHY 3955 V392938 2,977.11 .00 PEREZ, JESSICA 4111 V392939 2,717.92 .00 TOMASSETTI, JEEVANI 5623 V392940 2,269.38 .00 TRAN, KRYSTLE 242 V392941 3,811.21 .00 AVERELL, MARK 272 V392942 2,528.68 .00 COLES-GUZMAN, MARY 950 V392943 2,435.91 .00 KENNEDY, SEAN 111 V392944 1,031.06 .00 AHN, JOYCE 263 V392945 985.96 .00 FRANCO-HERNANDEZ, CARLOS 566 V392946 922.90 .00 HOQUE, LAMIYA 412 V392947 819.02 .00 SONNE, SUSAN 5161 V392948 777.24 .00 TRAUT, CONNOR 5399 V392949 3,056.45 .00 ALMQUIST, ANNA PATRICIA 168 V392950 2,017.11 .00 GUERRA, SARAH 1470 V392951 6,089.12 .00 JIMENEZ, ADRIA 2297 V392952 1,142.43 .00 KIRK, RALPH 384 V392953 2,158.68 .00 LOPEZ, ANGELICA 2928 V392954 2,247.96 .00 FLORES, CHRISTOPHER 464 V392955 3,420.67 .00 HOPKINS, NICHOLAS 627 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V392956 3,121.65 .00 LESTER, ALEXANDER 2868 V392957 2,001.28 .00 MACIAS, JUDITH 2996 V392958 2,755.97 .00 MAYORQUIN, RAYMUNDO 221 V392959 2,909.82 .00 TART, ANDRE 5235 V392960 918.13 .00 TELLEZ, ALMA 667 V392961 3,090.26 .00 ALVAREZ, JOSHUA 458 V392962 1,786.20 .00 CASTANEDA, GUADALUPE 280 V392963 3,049.69 .00 CRAVENS, ROBERT 658 V392964 2,233.39 .00 DAVIS-VALENTINE, SUZANNE 1085 V392965 794.49 .00 DINH, MICHELLE 433 V392966 6,343.85 .00 FOULKES, MATTHEW 9 V392967 998.16 .00 GUZMAN, FEDERICO 1918 V392968 1,976.14 .00 LI, CELINE 832 V392969 4,139.67 .00 LUNA, HARALD 264 V392970 3,095.01 .00 MCALEESE, IAN 159 V392971 3,392.86 .00 NAVARRO, SANDRA 93 V392972 2,517.89 .00 SANTOS, RUTH 4640 V392973 49.27 .00 SCHOALES, JAMES CRAIG 4655 V392974 1,925.93 .00 TAE, RAY 5196 V392975 4,300.38 .00 THAI, LOTUS 536 V392976 2,607.42 .00 ZAPIEN, ERNESTINE 5777 V392977 47.39 .00 DAVIS, MONIQUE 386 V392978 47.39 .00 DIEP, DEBORAH 1208 V392979 47.39 .00 JUDEH, MIRVAT 389 V392980 47.39 .00 PATINO ESCALONA, HECTOR 387 V392981 3,602.13 .00 DHAUW, MELISSA 1170 V392982 2,217.38 .00 GRIFFIN, CHEKESHA 865 V392983 1,020.97 .00 MARTINEZ, RICHARD 834 V392984 3,295.63 .00 SUAREZ, SARABETH 5169 V392985 3,290.78 .00 YOON, JIWON 91 V392986 1,298.50 .00 BARR, LISA 366 V392987 2,362.39 .00 BARRAZA, TAYLOR 501 V392988 3,353.76 .00 COTA, LORRAINE 954 V392989 6,916.03 .00 DAVENPORT, JOSEPH 1094 V392990 6,397.76 .00 GEYER, BRADLEY 1692 V392991 6,783.12 .00 NGUYEN, NGHIA 3755 V392992 7,356.75 .00 NUNES, FRANK 3813 V392993 2,719.91 .00 SEMAAN, NADIA 4740 V392994 6,427.55 .00 DIERINGER, RYAN 1145 V392995 2,264.47 .00 HERNANDEZ, ISABELLA 112 V392996 4,023.02 .00 JIMENEZ, ROBERT 352 V392997 3,289.84 .00 KIM, HYUN 328 V392998 3,332.15 .00 LAM, DAVID 2790 V392999 573.35 .00 LOVCHIK, MICHAEL 6 V393000 4,066.89 .00 MIKIEWICZ, SIMON 3360 V393001 2,304.44 .00 NOVOTNY, MARY 3705 V393002 5,472.12 .00 TOMSICK, MARTIN 5360 V393003 3,106.54 .00 ALCALA, BRITTANY 58 V393004 3,470.43 .00 ARIAS, KALEA 592 V393005 2,828.08 .00 BARAJAS, MAYRA 357 V393006 2,474.17 .00 BINYON, ERIC 506 V393007 7,829.63 .00 BRANDSTETTER, JAMES 629 V393008 4,913.58 .00 BUTH, CATHERINE 561 V393009 4,313.80 .00 CARPENTER, SCARLET 1663 V393010 743.29 .00 CIFUENTES MEDINA, DANNA 671 V393011 965.68 .00 CORTEZ TORRES, AMANDA 450 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V393012 678.10 .00 DIERINGER, REGINA 1515 V393013 3,923.28 .00 ESCOBEDO, STACEY 1530 V393014 4,797.46 .00 ESQUETINI, MARIA 1536 V393015 1,060.84 .00 GONZALEZ, BAILEY 868 V393016 968.47 .00 MADHAE, DEEPINDER 555 V393017 3,548.71 .00 MAERKER, ELIZABETH 3017 V393018 4,749.94 .00 MCGRATH, CODY 3220 V393019 814.44 .00 MENDOZA ESPINOZA, MYA 532 V393020 795.61 .00 MONTANO, BRIANNA 816 V393021 1,024.36 .00 ONTIVEROS, STEVEN 342 V393022 1,173.44 .00 OSEJO, SOFIA 833 V393023 2,552.88 .00 PALMA-RUBALCAVA, DIANA 3970 V393024 983.38 .00 RODRIGUEZ TZAJ, SANDY 604 V393025 2,338.92 .00 RODRIGUEZ VILLA, YARELI 205 V393026 2,248.37 .00 SAUCEDA, CATHLEEN 4645 V393027 4,037.32 .00 SHERIFF, SAMANTHA 2096 V393028 749.02 .00 SILVERIO, SAMANTHA 497 V393029 4,440.47 .00 TANIGUCHI, MELISSA 5230 V393030 1,006.68 .00 VELLANOWETH, KRISTINE 217 V393031 787.79 .00 WOOD, HUNTER 605 V393032 548.33 .00 CHAN, KARA 795 V393033 3,120.03 .00 FIORE, KATE 1560 V393034 2,298.98 .00 FLOHRA, KARAN 516 V393035 3,418.06 .00 FOX, CHARITY 1641 V393036 723.03 .00 KUHN, MICHELLE 2730 V393037 799.99 .00 KUHN, TARI 2747 V393038 2,450.55 .00 MAERTZ, DANA 3018 V393039 3,501.44 .00 MENDIVEL, CHRISTINA 3299 V393040 2,535.15 .00 NGO, CATHERINE 3752 V393041 3,060.64 .00 PENDLETON, SUN 4080 V393042 2,272.40 .00 TENG, LING-FEI 2871 V393043 2,374.77 .00 UMLAH, AMBER 5435 V393044 2,101.44 .00 YBARRA, DELIA 529 V393045 6,962.11 .00 BATES, PATRICK 378 V393046 4,953.98 .00 BELTRAN, CHRISTINA 13 V393047 5,833.74 .00 BLACKWOOD, PHALANN 550 V393048 5,486.04 .00 BOURNE, CLIFFORD 5612 V393049 5,027.94 .00 BOYD, ROBERT 584 V393050 8,282.36 .00 BOYER, CAMERON 585 V393051 5,078.79 .00 BRAVO, ISABEL 420 V393052 3,766.48 .00 CAMPOS, CARLOS 871 V393053 5,165.97 .00 CAMPOS, LOLANI 728 V393054 6,381.92 .00 CERDA, SERGIO 240 V393055 3,857.86 .00 CHAVEZ, ALEJANDRO 182 V393056 5,340.21 .00 CHAVEZ, ANTONY 246 V393057 2,299.69 .00 CHO, YOUNGVEEN 758 V393058 4,120.77 .00 CURATOLA, ANTHONY 350 V393059 5,357.09 .00 DAVIS, JONATHAN 1083 V393060 5,685.15 .00 ESCAMILLA, MARIO 1529 V393061 6,868.70 .00 ESCOBEDO, DOMINICK 1521 V393062 5,507.32 .00 ESTRELLA, CARL JOSEPH 415 V393063 5,309.87 .00 FRANKLIN, KEVIN 1649 V393064 8,841.37 .00 GALOS, MICHAEL 1680 V393065 5,482.05 .00 GANO, KEVIN 1742 V393066 4,090.35 .00 GARCIA, JONATHAN 514 V393067 5,035.50 .00 GENTNER, GEORGE 1765 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V393068 5,502.85 .00 GONZALEZ, LUIS 164 V393069 5,646.87 .00 GONZALEZ, OSCAR 1785 V393070 5,291.05 .00 HERST, RYAN 2102 V393071 4,174.52 .00 HOGAN, CHRISTIAN MICHAEL 138 V393072 6,424.52 .00 HONG, ALEX 2130 V393073 6,599.65 .00 JIMENEZ, GUSTAVO 2285 V393074 5,646.86 .00 JOHNSON, BRYAN 2300 V393075 2,308.97 .00 LEE, DAE WON 814 V393076 7,014.00 .00 LEPE, SERGIO 2901 V393077 5,754.99 .00 LIRA, JOSEPH 133 V393078 5,247.46 .00 LOPEZ, GUILLERMO 2958 V393079 6,446.01 .00 LOVETERE, JOSEPH 2962 V393080 3,795.88 .00 LUCACI, KEVIN 874 V393081 4,084.17 .00 LUONG, AARON 577 V393082 4,654.80 .00 MARTINEZ, JESUS 117 V393083 4,967.52 .00 MEDRANO, JULIAN 3223 V393084 3,877.01 .00 MEKDARA, BOBBY 624 V393085 4,441.31 .00 MEONO, ROBIN 351 V393086 4,951.08 .00 MOELLER, SARAH 3590 V393087 5,949.57 .00 MORALES, FRANK 3489 V393088 4,018.22 .00 MORQUECHO, FERNANDO 510 V393089 6,363.56 .00 MUNOZ, OSCAR 3605 V393090 4,299.86 .00 MURILLO CASTRO, JULIAN 268 V393091 3,371.68 .00 NGUYEN, ANTHONY 258 V393092 6,870.71 .00 NYHUS, CHRISTOPHER 3808 V393093 6,110.63 .00 O'DETTE, DIRK 3823 V393094 3,805.75 .00 OH, WILLIAM 326 V393095 5,636.46 .00 OSORIO, STEVIE 573 V393096 5,617.16 .00 PADILLA, VALERIE 108 V393097 2,654.65 .00 PARRA, ANGEL 498 V393098 6,942.91 .00 PINO, RICHARD 4171 V393099 7,428.19 .00 PLUMLEE, ROGER 4180 V393100 7,666.20 .00 PROCEL, ANDY 4243 V393101 5,394.08 .00 RAMIREZ, ANGEL 4314 V393102 4,898.68 .00 RANGEL, PRISCILLA 4337 V393103 6,441.32 .00 REYES, HUGO 98 V393104 4,853.43 .00 RODRIGUEZ, CHRISTIAN 4476 V393105 5,374.77 .00 RODRIGUEZ CASTILLERO, JOSEPH 259 V393106 5,091.43 .00 SALAZAR, RYAN 4626 V393107 6,518.34 .00 SHADDOW, JON-MICHAEL 4837 V393108 6,061.33 .00 SOLIS, DANIEL 5000 V393109 3,244.63 .00 SOUSA, MATTHEW 596 V393110 4,227.42 .00 TEWELL, MELISSA 5282 V393111 4,280.73 .00 TRAN, TUYET 5424 V393112 3,517.71 .00 TUBBS, AUSTIN 873 V393113 4,795.77 .00 WILLIAMS-GIROUX, JACOB 499 V393114 7,648.15 .00 COLON, BOBBY 900 V393115 6,487.73 .00 LEE, CONNOR 2861 V393116 2,132.02 .00 MENDOZA HERNANDEZ, STEPHANIE 427 V393117 5,164.93 .00 ORTEGA, MICHAEL 104 V393118 2,228.04 .00 RAMIREZ, ARIANNA 86 V393119 5,655.11 .00 RICE, JAMES 4408 V393120 2,376.33 .00 SILVA, OSCAR 4886 V393121 2,217.85 .00 VAZQUEZ-CAMACHO, MARLENE 101 V393122 5,920.36 .00 VU, JEFFREY 5519 V393123 584.70 .00 BAIR, JOHN 284 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V393124 806.97 .00 CASEY, DROUETT 771 V393125 6,331.55 .00 BAILEY, JOHN 355 V393126 5,584.41 .00 BERNAL, DAVID 480 V393127 4,397.23 .00 BOUDREAU, CORY 583 V393128 2,821.49 .00 BOUDREAU, LAURA 2192 V393129 5,613.95 .00 BOYINGTON, DEVIN 594 V393130 5,546.86 .00 CARNEY, THOMAS 751 V393131 7,433.88 .00 CHRISTIANSEN, ANDREW 97 V393132 3,440.72 .00 EK, CHRISTOPHER 1477 V393133 4,696.05 .00 KALAGIAN, BRYANT 2436 V393134 2,765.51 .00 LARA, KARON 103 V393135 3,095.67 .00 LOMELI, LISBETH 4516 V393136 3,481.15 .00 LOPEZ, VANESSA 2929 V393137 6,471.66 .00 LOPEZ, WILLYVALDO 2941 V393138 6,534.02 .00 LOWE, AUSTIN 2956 V393139 4,981.70 .00 MOON, DAVID 3479 V393140 1,810.17 .00 MORALES MALDONADO, IVETT 3490 V393141 1,867.37 .00 O'DETTE, NANCY 1920 V393142 6,740.07 .00 PANTOJA, DAVID 3986 V393143 5,193.06 .00 RUBALCAVA, EFRAIN 4590 V393144 2,527.06 .00 SULLIVAN, STACEY 5160 V393145 3,353.92 .00 TREADWAY, SARA 4210 V393146 4,624.05 .00 TURNER, JERAMIAH 291 V393147 3,932.41 .00 VU, KRISTINE 63 V393148 2,213.42 .00 CARDENAS, MARGARET 336 V393149 2,397.71 .00 IBARRA, KRISTI 88 V393150 6,859.86 .00 MIKHAEL, MINA 3359 V393151 2,199.66 .00 ALMANZA, MINERVA 79 V393152 4,652.22 .00 ALQAM, NADER 71 V393153 4,397.80 .00 ARABOLU, DEEPTHI 178 V393154 3,122.54 .00 CAPISTRANO, FRANCES 74 V393155 3,388.24 .00 COLES, CARINA 77 V393156 2,962.77 .00 ESPARZA-ALMARAZ, AARON 383 V393157 2,911.81 .00 GUZMAN, HECTOR 512 V393158 1,312.57 .00 HA, ALAN 677 V393159 2,682.28 .00 LEE, HYANG SUN 430 V393160 3,893.84 .00 MILLER, JADEN 513 V393161 3,282.20 .00 TRAN, JASON 96 V393162 3,981.03 .00 WRAY, NORMAN 5725 V393163 2,635.59 .00 ZARAGOZA, EDUARDO 5788 V393164 3,452.05 .00 AUBUCHON, LAURIE 250 V393165 2,233.89 .00 GENERA, ELIZABETH 1685 V393166 4,786.81 .00 HUNT, JOSEPH 2249 V393167 1,965.82 .00 LUX, ANDREA 2972 V393168 2,528.08 .00 VENEGAS MENDEZ, JAVIER 5491 V393169 2,518.42 .00 BACA, ANDREW 315 V393170 2,871.14 .00 BRITO, MICHAEL 642 V393171 1,327.71 .00 CASTRO, EFRAIN 641 V393172 708.13 .00 CASTRO, JOHN 540 V393173 1,333.87 .00 CISNEROS, STEVEN 855 V393174 1,027.14 .00 COLORADO, JARRETH 852 V393175 3,089.65 .00 ESCATEL-OROSCO, PEDRO 1537 V393176 1,265.28 .00 ESPINOSA, GUIDO 637 V393177 868.43 .00 GARCIA, RYAN 851 V393178 1,280.75 .00 GONZALES, DERRICK 635 V393179 2,701.25 .00 GONZALEZ, ALEJANDRO 1783 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V393180 1,633.54 .00 GONZALEZ, KONRAD 587 V393181 708.13 .00 HERNANDEZ, OSBALDO 863 V393182 1,082.50 .00 HERRERA, FELIX 856 V393183 731.86 .00 LARA, PAULO 849 V393184 4,363.02 .00 LIBUNAO, NINO 2912 V393185 1,572.77 .00 LISCANO, CHRISTOPHER 850 V393186 1,409.79 .00 MARASCO, MATTHEW 289 V393187 1,413.76 .00 MORALES, LEONARDO 819 V393188 1,777.41 .00 MORENO, MARCOS 862 V393189 2,806.02 .00 MUNOZ, JOHNNY 144 V393190 2,007.34 .00 NAJERA, JESSE 3630 V393191 708.13 .00 NGUYEN, DUNG 858 V393192 1,333.87 .00 ORTIZ, RAYMOND 309 V393193 1,333.87 .00 PAPANIC, DENNIS 548 V393194 1,333.87 .00 PEREZ, ISAIAH 523 V393195 649.53 .00 RAMIREZ ALVAREZ, JOSE 857 V393196 3,085.98 .00 RIVERA, JOE 4450 V393197 1,333.88 .00 RODRIGUEZ, MIGUEL 589 V393198 2,011.46 .00 RODRIGUEZ, OSCAR 131 V393199 548.89 .00 SANTANA, JESUS 860 V393200 1,736.90 .00 SERNA, JUAN 4728 V393201 641.26 .00 SESSION, DIMITRIAS 859 V393202 2,796.48 .00 TORREZ, JAVIER 69 V393203 548.89 .00 VILLANUEVA, RICHARD 854 V393204 3,761.70 .00 CARRILLO, EDWARD 765 V393205 1,821.19 .00 CHAVEZ, CAESAR 544 V393206 2,732.94 .00 ELLS, ZACHARY 1500 V393207 2,136.42 .00 ENNIS, JOSEPH 262 V393208 2,034.06 .00 ESPINO, KEVIN 517 V393209 3,133.36 .00 FINCH, BARRETT 1574 V393210 3,112.55 .00 HAGAN, KEVIN 1947 V393211 3,173.19 .00 KVENBO, SCOTT 2750 V393212 2,229.16 .00 LAUTERIO, MATTHEW 533 V393213 3,176.37 .00 MARTINEZ, MARCO 215 V393214 4,737.38 .00 MCGEE, MICHAEL 9306 V393215 3,434.07 .00 MILLER, DAVID 3390 V393216 2,982.01 .00 MOJARRO, ANDREW 3082 V393217 3,735.44 .00 MOORE, FRANK 3486 V393218 1,962.24 .00 MYLLES, JOSHUA 279 V393219 1,925.40 .00 PRECIADO, CAMDEN 134 V393220 2,591.79 .00 SANCHEZ, JUAN 4617 V393221 2,344.09 .00 SPEAR, ANTHONY 5011 V393222 3,520.69 .00 STEPHENSON, MARK 5122 V393223 2,760.70 .00 TAVARES, JAMEY 5231 V393224 1,941.77 .00 ALVAREZ, CARLOS 136 V393225 1,027.14 .00 AVILA, NICHOLAS 744 V393226 2,506.95 .00 DAHL, TERRY 1084 V393227 2,350.28 .00 DOMINGUEZ, KEVIN 565 V393228 1,985.80 .00 GARCIA DEL TORO, JOSE 845 V393229 2,510.62 .00 GARCIA ORTEGA, JOSE 1636 V393230 2,347.48 .00 GRIMES, DAVID 1881 V393231 2,203.76 .00 GUZMAN, KEVIN 132 V393232 2,395.63 .00 KOSS, MICHAEL 2718 V393233 3,712.46 .00 MARTINEZ, GABRIEL 3139 V393234 2,370.81 .00 MELLADO, KIM 3289 V393235 2,837.92 .00 MERROW, MATTHEW 3316 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V393236 2,366.59 .00 OTTEN, DAVID 3869 V393237 5,367.83 .00 PORTER, JEFFREY 4174 V393238 1,181.38 .00 RAMOS, NIKOLAS 815 V393239 3,144.20 .00 RODRIGUEZ, EDWARD 4479 V393240 2,137.61 .00 RUIZ, ALEJANDRO 416 V393241 1,203.10 .00 SAILIATA, RAYMOND 648 V393242 1,181.38 .00 SOLOMAN, ROBERTO 654 V393243 2,011.68 .00 TORRES, SALVADOR 234 V393244 2,393.31 .00 WELLS, ANTHONY 5610 V393245 2,814.16 .00 CAMPIZTA, ADAM 225 V393246 2,948.31 .00 DE LA CRUZ, RICARDO 558 V393247 1,156.89 .00 GOMEZ, JASON 869 V393248 3,553.58 .00 MACIAS, RAYMOND 2998 V393249 2,798.39 .00 WEAR, JOHN 5606 V393250 2,298.61 .00 ALARCON, ALEXANDER 485 V393251 7,122.02 .00 BOX, JAMES 576 V393252 2,231.81 .00 CHAVEZ, ARIANA 788 V393253 2,031.94 .00 CONTRERAS, SAUL 95 V393254 12.70 .00 DE LA LUZ, ALICIA 408 V393255 3,136.24 .00 HURTADO, MARIA 353 V393256 2,160.25 .00 MANCILLA, JSSICA 451 V393257 23.70 .00 MARTINEZ, JUANITA 421 V393258 2,398.48 .00 MARTINEZ, SERENA 3147 V393259 2,164.21 .00 MOMPELLER, JUSTICE 443 V393260 23.70 .00 NEVAREZ, VERONICA 588 V393261 802.05 .00 SANCHEZ, CHRISTOPHER 236 V393262 3,492.59 .00 SAUCEDA, MARK 4642 V393263 8.70 .00 WALKER, SHARENA 524 V393264 23.70 .00 YUN, HYEWON 432 V393265 950.24 .00 ALVARADO, ADRIAN 89 V393266 375.07 .00 BAHENA, PEDRO 148 V393267 649.47 .00 BAKER, JAMISON 465 V393268 274.44 .00 BALENTI, TYLOR 846 V393269 338.48 .00 BARENG, KATHERINE 33 V393270 329.33 .00 CARBAJAL, MARCELO 848 V393271 192.11 .00 CARVENTE, GIANJAVIER 334 V393272 843.78 .00 CISNEROS, MICHELLE 812 V393273 182.96 .00 CONSTANTINE, NATALIE 837 V393274 384.22 .00 DURGIN, JAYLIND 186 V393275 118.93 .00 ESCAMILLA PATRICIO, DANIELLE 534 V393276 18.30 .00 FERNANDEZ, GISSEL 330 V393277 504.05 .00 GARCIA, MICHELE 171 V393278 305.34 .00 GONZALEZ, ISAAC 294 V393279 766.61 .00 GUERRA, ATHZIRI 141 V393280 833.31 .00 GUERRA, ROCCO 44 V393281 416.24 .00 GUILLEN, JAYDEN 339 V393282 992.53 .00 GUTIERREZ, MICHELLE 1925 V393283 54.89 .00 GUTIERREZ, SABRINA 847 V393284 693.96 .00 HERNANDEZ, KATE 2091 V393285 375.07 .00 HERNANDEZ-ZAMORA, JAZMIN 613 V393286 540.64 .00 HOLLOWAY, ELIZABETH 2185 V393287 237.85 .00 LEOS LOPEZ, EVELYN 836 V393288 274.44 .00 LEWIS, ALEC 266 V393289 382.89 .00 MAGANA, ADAM 173 V393290 567.18 .00 MOLINA, LILLY 611 V393291 811.26 .00 MORENO, ANDREW 161 SUNGARD PUBLIC SECTOR PAGE NUMBER: 9 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
V393292 624.82 .00 NGHIEM, NATALIE 249 V393293 375.07 .00 OCHOA, ALAN 192 V393294 73.18 .00 REYES, JETH 844 V393295 667.09 .00 RIVERA GOMEZ, YAMILEX 4432 V393296 274.44 .00 RODRIGUEZ, JACOB 839 V393297 641.26 .00 RODRIGUEZ, KAREN 538 V393298 132.65 .00 RODRIGUEZ, MIKAYLA 295 V393299 780.31 .00 RUIZ, LUIS 527 V393300 292.74 .00 SANCHEZ, NATHAN 504 V393301 466.55 .00 SANTANA, JOZELYN 838 V393302 228.70 .00 SCOTT, EMANY 842 V393303 512.29 .00 SHRESTHA, SALIS 610 V393304 533.14 .00 SOLTERO, JESSE 177 V393305 356.78 .00 SORIA, NOAH 5004 V393306 722.04 .00 STRICKLER, LINDA 5135 V393307 583.54 .00 TAPIA, ANGELICA 306 V393308 935.20 .00 THOMSEN, MATTHEW 194 V393309 210.41 .00 TUCKER, JOSEPHINE 843 V393310 2,807.86 .00 VAN SICKLE, MICHELLE 2076 V393311 502.84 .00 VAZQUEZ, OSCAR 152 V393312 624.82 .00 VELOZ, SABRINA 146 V393313 512.29 .00 WEBER, ISABELLA 614 V393314 73.18 .00 WONGSUPHAKPHAN, BRIANNA 337 V393315 811.32 .00 AGUILAR, KALVIN 23 V393316 429.96 .00 BARTOLO, BRYAN 338 V393317 525.12 .00 CABUSAO, NINA MARINELLA 729 V393318 831.02 .00 CARRERA ABAD, MARIA 864 V393319 881.63 .00 CHOATE, RACHAEL 511 V393320 804.81 .00 CORRALES, ISAAC 474 V393321 2,767.39 .00 DAVIS, TANIKKA 1082 V393322 1,334.52 .00 GRACIA, TONY 622 V393323 755.50 .00 HONG, YI 2189 V393324 375.07 .00 KENDRIX, PERRY 741 V393325 1,175.34 .00 LARIZ RUBALCAVA, CARLOS 429 V393326 641.26 .00 LIZARRAGA, ERIK 483 V393327 2,193.07 .00 LOZANO, WILFREDO 621 V393328 2,564.19 .00 MARQUEZ PINEDO, ANALISA 3118 V393329 1,222.85 .00 MEGGINSON, MARK 562 V393330 720.86 .00 MENDOZA, GISELLE 522 V393331 2,785.20 .00 NIELSEN, ROSEMARY 3760 V393332 737.85 .00 ORTIZ, YAHAIRA 241 V393333 726.18 .00 ROJAS, ASHLEY 473 V393334 654.99 .00 RUIZ, GIANCARLO 466 V393335 670.03 .00 SALAZAR, NICHOLAS 661 V393336 760.25 .00 SANCHEZ, MARIA 818 V393337 503.15 .00 SANDOVAL, RYAN 663 V393338 724.16 .00 SINGH, YASMINE 479 V393339 737.85 .00 SOSA, ELIANNA 341 V393340 708.13 .00 TOLEDO, ISAAC 742 V393341 256.15 .00 VEGA-MATA, PEDRO 278 V393342 358.65 .00 ZAZUETA, RYAN 267

PAYRUN TOTAL
CHECK: 437 1,197,800.36 5,351.77
TOTAL
SUNGARD PUBLIC SECTOR PAGE NUMBER: 10 DATE: 11/25/2025 CITY OF BUENA PARK PAYREP83 TIME: 17:24:07 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run in ('NFT','NF2')

ALL CHECKS
CHECKS: 438 1,197,800.36 5,373.65
December 9, 2025

CONSENT CALENDAR
Item No. 5C.

City Council Agenda Report
TREASURER'S REPORT FOR THE MONTH OF OCTOBER 2025

PREPARED BY PRESENTED BY
Sung Hyun, Director of Finance Sung Hyun, Director of Finance

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Sung Hyun, Director of Finance Aaron France, City Manager

RECOMMENDED ACTION
Receive and file the reports.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City of Buena Park's Investment Policy adopted by the City Council on February 25, 2025, requires the City Treasurer to submit a detailed investment report to the City Council. Attached for review are the Treasurer's Investment Reports for the month of October 2025. All of the investments listed meet the requirements of both the Government Code and the City Investment Policy.

BUDGET IMPACT
None.

Attachments
Treasurers Report Att1of4.pdf
Treasurers Report Att2of4.pdf
Treasurers Report Att3of4.pdf
Treasurers Report Att4of4.pdf
RDA
City Bond Proceeds
DESCRIPTION Book Balance Series B Total
Union Bank - City Checking Account 4,299,540.17 - 4,299,540.17 Union Bank - Outstanding checks (198,750.55) - (198,750.55) Union Bank - Outstanding deposits 395,951.93 - 395,951.93 4,496,741.55 - 4,496,741.55 Local Agency Investment Fund 24,064,126.89 - 24,064,126.89 Governmental Agency Securities 19,997,790.55 - 19,997,790.55 CMBS 9,697,890.64 - 9,697,890.64 Money Market Mutual 1,561,532.91 1,381,808.83 2,943,341.74 Supranational 3,383,135.00 - 3,383,135.00 Corporate 27,369,807.85 - 27,369,807.85 U S Treasury 46,366,763.70 - 46,366,763.70 Payables/Receivable 2,233.09 - 2,233.09 132,443,280.63 1,381,808.83 133,825,089.46
Total 136,940,022.18 1,381,808.83 138,321,831.01 Cash
Fund Description Balance
11 - General Fund 47,890,793.70
12 - Economic Development Fund 12,181,488.92
13 - Measure R 7,464,777.27
17 - Opioid Settlement Fund 689,979.65
18 - Local Law Enforcement Fund 74,024.41
20 - Asset Forfeiture Fund 700,122.63
21 - Capital Project Fund (26,336.79)
22 - Prop 172 PD Augment Fund 75,263.00
23 - State Law Enf Supp Fund 155,550.41
24 - State Gas Tax Fund 8,782,725.28
25 - Measure M2 2,525,058.49
28 - HOME Deferred Loan Fund 1,025,514.33
29 - Economic Development Fund (CDBG) 114,153.09
30 - State OCATT Fund (95,674.44)
31 - Calhome Program 1,521,688.64
32 - Park In-Lieu Fund -
33 - Traffic Congestion Relief Fund 113,622.93
40 - AB 2766 (AQMD) Fund 521,696.71
52 - Water Enterprise Fund 33,401,980.31
53 - Wastewater Enterprise Fund (733,608.75)
54 - Water Impact Fund 8,138.62
55 - Sewer Impact Fund 7,344.23
62 - Workers' Comp Self-Ins Fund 4,776,650.30
63 - Public Liab Self-Ins Fund 222,625.98
65 - Accrued Leave Fund 464,800.75
71 - Equip Maint & Replacement Fund 7,979,392.41
73 - Payroll Revolving Fund -
74 - Management Info Systems Fund 1,990,226.69
77 - Gov't Buildings Maintenance Fund 244,241.26
96 - Tourism & Marketing Dist 189,547.84
97 - Successor Fund to RDA 4,660,276.40
98 - Housing Successor Fund 1,395,766.74
-
Total Cash 138,321,831.01
* All investments are made in accordance with the City's adopted investment policy. * The City has sufficient resources to meet expenditures for the next six (6) months.

CITY OF BUENA PARK
Treasurer's Report of Monies on Deposit
Period Ending October 31, 2025
City of Buena Park Core | Account #405 | As of October 31, 2025PORTFOLIO SUMMARYAccount SummaryCredit Quality*Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(01/01/06)City of Buena Park Core 0.36% 1.61% 4.90% 5.34%4.94%Benchmark Return5.11% 5.55%1.61%2.29%

2.063.55%3.99%AA2.24 End Values as of 09/30/2025End Values as of 10/31/2025Market Value 110,132,162.34Accrued InterestTotal Market Value 110,917,257.61 111,307,392.940.00 0.00ParBook ValueCost ValueUnited States 42.99%Farm Credit System 10.31%Federated Hermes, Inc. 1.41%Blackrock, Inc.

City of Buena Park Core | Account #405 | As of October 31, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotes100.030.0 10.35.0 4.420.0 0.05.0 0.05 0.00.0 0.020.0 0.05.0 0.00.00.0 0.020.0 0.05.0 0.05.0 0.020.0 0.05.0 0.05.0 0.0COMMERCIAL PAPER25.0 0.05.0 0.00.00.0 0.0CORPORATE MEDIUM TERM NOTES30.0 25.25.0 1.45 40.0 0.0 City of Buena Park Core | Account #405 | As of October 31, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotes20.0 0.05.0 0.05 0.0FEDERAL AGENCIES100.030.0 10.320.0 0.05 335.0 0.00.020.0 1.420.0 1.40.0 0.020.0 0.05.0 0.05.0 0.00.0 0.030.0 0.05.0 0.05 0.00.0 0.030.0 0.05.0 0.05 0.00.0 0.0MUTUAL FUNDS20.0 0.0 City of Buena Park Core | Account #405 | As of October 31, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotes10.0 0.00.0 0.030.0 0.05.0 0.05 0.00.0 0.0REPURCHASE AGREEMENTS15.0 0.05.0 0.030.0 0.030.0 3.110.05 20.0 0.0U.S. TREASURIES100.0 43.0100.0 43.25 4 City of Buena Park Core | Account #405 | As of October 31, 2025RECONCILIATION SUMMARYMonth to DateFiscal Year to Date(07/01/2025)0.00 0.00PurchasesSales39,046.31 159,124.210.00 0.00Month to DateFiscal Year to Date(07/01/2025)110,132,162.340.00 0.00PurchasesSales39,046.31 159,124.210.00 0.00 Month to Date (1,000,000.00)Fiscal Year to Date (7,800,000.00)Month to Date 0.00Fiscal Year to Date 0.00PurchasesMonth to Date 1,242,447.97Fiscal Year to Date 16,810,339.54SalesMonth to Date (1,502,039.57)Fiscal Year to Date (7,792,586.53)Month to Date 242,447.97Fiscal Year to Date 1,267,182.35Purchased / Sold InterestMonth to Date 0.00Fiscal Year to Date (16,781.41) City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturityAGENCY1,100,000.000.52%1,099,021.0099.964.11%1.00%Aa1/AA+AA+0.020.0112/12/202505/31/20234.31%100.0115,550.63Aa1/AA+AA+0.110.1102/26/20262,000,000.00100.04Aa1/AA+AA+0.320.313130AUU364.125 03/13/20261,000,000.0003/16/20234.23%100.135,500.000.91%Aa1/AA+AA+0.360.362,000,000.0005/09/20233.90%2,005,460.00100.06Aa1/AA+AA+0.491,000,000.000.91%Aa1/AA+AA+0.610.591,000,000.0010/31/20235.06%999,621.360.91%Aa1/AA+AA+2,000,000.004.35%2,014,366.00101.312,026,200.00Aa1/AA+AA+1.611.511,600,000.0009/11/20234.50%1,591,334.40102.043.61%1,632,654.4010,305.56Aa1/AA+AA+2.652,500,000.0011/14/2023102.602.32%Aa1/AA+AA+3.042,000,000.0001/29/20244.05%3.59%Aa1/AA+AA+3.222.9604/10/202904/10/20244.66%102.343.64%4,466.151.62%Aa1/AA+AA+3.443.163130B1BC01,200,000.0006/11/20244.50%103.263.65%1.12%Aa1/AA+AA+3.603.24Total Agency 20,045,000.00 4.22%19,997,790.5520,018,717.38101.203.79%20,282,972.81219,172.3318.37%264,255.431.791.65 City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity1,000,000.0001/29/20244.42%0.90%Aaa/AA+AA+1,250,000.0006/10/20251,234,960.941.13%12,923.41Aa1/AA+AAA2.902.631,000,000.0012/09/20244.34%3,150.000.90%Aaa/AA+AA+2.991,000,000.004.21%0.90%Aaa/AA+AA+3.242.9203/25/20291,000,000.0009/11/2025991,154.91Aa1/AAAAA+3.403.0504/25/20291,000,000.00Aa1/AA+AAA1,000,000.0010/30/20244.49%939,101.56951,613.042,500.0015,903.96Aa1/AA+AAA3.903.2501/25/20301,250,000.0006/10/20254.35%1,142,390.923.96%2,155.211.05%Aa1/AA+AAA4.243.9403/25/20301,500,000.0003/26/20254.40%101.413.99%1,521,141.005,515.00Aaa/AA+AA+4.403.6410,000,000.00 4.23%9,697,890.649,754,461.2098.513.90%9,844,805.2528,851.048.91%90,344.053.433.04CASH2,233.092,233.092,233.091.000.00%2,233.090.000.00%0.00Aaa/AAAAAA0.000.00Total Cash 2,233.092,233.092,233.091.000.00%2,233.090.000.00%0.000.000.00CORPORATE5.4 11/10/20251,000,000.005.36%1,000,960.00100.024.13%1,000,225.0025,650.000.91%A1/A+A+0.030.0205/03/20261,000,000.0003/16/20234.64%994,039.664.00%0.90%A2/AA0.500.491,000,000.001,001,440.001,000,353.52101.104.09%11,205.500.92%Aa2/A+AA1,000,000.0010/31/20235.91%999,160.004.09%163.390.92%Aa3/A+1.00 City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity06/03/20223.36%99.19NA1.32500,000.0003/14/2022490,061.001,469.440.44%Aa2/AAA+1.321,000,000.0003/19/20245.00%999,935.64101.413.92%1,014,139.000.92%14,203.36Aa3/A1.24023135CF1500,000.0006/09/20223.59%493,600.000.45%A1/AA1.451.3906/29/20223.91%100.123.92%14,250.0063.10A2/A+A+1.521.363.92%100.402,619.04Aa2/AAAA4.66%695,400.009,141.60A2/A+A1.961,000,000.004.12%951,990.0014,000.00Aaa/AA+NA2.041.92500,000.004.30%502,956.23101.520.46%A1/A+NA2.192.041,000,000.0003/16/20234.29%99.540.90%9,496.22A1/A+NA2.302.161,000,000.0003/16/20234.53%1,015,050.001,006,990.213.90%0.93%Aa3/A+NA2.362.1290331HPS61,250,000.0005/12/20251,250,399.254.46%1.14%A2/A+A+2.541.431,000,000.0005/09/2023999,240.00100.511,005,056.000.91%5,442.03Aa3/A+NA2.54535,000.00549,332.120.50%A1/AA+02/01/20291,500,000.0009/29/20254.09%99.504.12%1,492,534.501.35%NA3.253.001,250,000.0002/12/20244.54%3.95%1.15%Aa3/A+NA2.9202/26/20291,250,000.001,252,025.001,251,335.69102.494.04%1.16%NA3.322.951,250,000.0005/16/20241,251,912.501,251,331.293.95%1.16%33,424.96A2/AA+3.333.02 City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity4.65%102.223.99%0.69%NA3.0006/11/202906/11/20245.01%4.01%24,664.00A1/AA+3.613.2306/25/20291,250,000.0006/24/20241,246,925.00102.394.04%1.16%A2/AA3.653.201,500,000.004.32%1,501,260.001,501,145.66100.614.31%1,509,111.00A2.5101/23/203003/26/2025102.434.46%A1/A4.232.921,000,000.004.92%1,001,400.00102.924.19%11,550.000.93%A2/NAA05/01/20301,000,000.0005/01/20254.14%100.911,009,066.000.91%Aa3/A+NA4.503.99Total Corporate 27,535,000.00 4.56%27,369,807.8527,477,390.06100.984.01%27,799,857.37311,688.3425.17%322,467.302.542.18FUND60934N1041,561,532.913.92%1,561,532.911,561,532.911.003.92%1,561,532.910.001.41%0.00Aaa/AAAmAAA0.000.00Total Money Market Fund 1,561,532.91 3.92%1,561,532.911,561,532.911.003.92%1,561,532.910.001.41%0.000.000.00SUPRANATIONAL1,500,000.004.19%1,454,115.0099.613.65%1,494,156.001.35%19,059.94Aaa/AAANA2.522,000,000.003.96%1,929,020.003.65%14,699.51Aaa/AAANATotal 3,500,000.00 4.06%3,383,135.003,431,808.5599.023.65%3,465,568.0023,361.113.14%33,759.452.802.63 City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturityUS TREASURY12/31/20251,250,000.0001/11/20210.49%99.441.13%Aa1/AA+AA+0.1601/31/20261,250,000.0003/29/202199.153.91%1.12%Aa1/AA+AA+0.250.2402/15/20261,500,000.0005/31/2023100.023.90%1.36%Aa1/AA+AA+0.2903/31/20261,500,000.000.93%1.34%Aa1/AA+AA+0.410.4004/30/20261,300,000.003.36%99.30Aa1/AA+AA+0.5005/31/20261,500,000.0006/03/20222.94%1.33%Aa1/AA+AA+0.5606/15/20261,000,000.003.95%1,001,011.34100.241,002,354.000.91%1,342.66Aa1/AA+AA+0.620.591,500,000.0006/03/20222.93%1,364,414.061,465,605.002,369.231.33%Aa1/AA+AA+1,600,000.0010/04/20224.00%1.42%Aa1/AA+AA+09/30/20261,000,000.0005/26/2022Aa1/AA+AA+0.9111/30/20261,000,000.0005/26/20225,259.56Aa1/AA+AA+1.0412/31/20261,500,000.0006/03/20222.95%1,391,015.631.32%Aa1/AA+AA+1.131,500,000.0006/09/20221,460,215.501.32%Aa1/AA+AA+1.251.2110/04/20223.94%1,666,034.451.51%Aa1/AA+AA+1.291.241,500,000.00100.293.66%1,504,395.001.36%6,434.53Aa1/AA+AA+1.411.351,500,000.0006/09/20221,493,309.153.64%113.951.34%Aa1/AA+AA+1.501.451,500,000.004.20%99.143.61%1.35%Aa1/AA+AA+ City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity1,150,000.004.02%1,060,560.553.60%11,953.131.01%Aa1/AA+AA+2.041.942,000,000.0002/23/20234.15%3.59%22,229.23Aa1/AA+AA+2.252.122,000,000.0005/31/20231,990,601.943.59%Aa1/AA+AA+2.4205/01/20253.64%100.343.60%1,313.53Aa1/AA+AA+2.462.321,500,000.0010/30/20244.11%1,494,199.22101.023.59%1,515,351.0019,565.02Aa1/AA+AA+2,250,000.003.60%2,265,644.252.05%Aa1/AA+AA+2.5103/12/20244.20%1,691,434.293.60%10,664.061.55%Aa1/AA+AA+2.6305/31/20291,000,000.003.64%16,134.11Aa1/AA+AA+3.322,000,000.0009/03/20243.69%101.203.65%2,024,062.00Aa1/AA+AA+3.422,000,000.003.45%3.66%Aa1/AA+AA+3.5510/31/20291,500,000.0012/30/2024101.69Aa1/AA+AA+4.003.6612/31/20291,500,000.0012/30/20241,540,254.001.39%40,595.65Aa1/AA+AA+01/31/20301,250,000.004.34%1,245,952.21102.2213,425.611.16%Aa1/AA+AA+4.252,000,000.0003/26/20254.09%32,603.91Aa1/AA+AA+4.333.921,500,000.0009/11/20251,520,625.001,520,046.621,511,191.50Aa1/AA+AA+4.26Total US Treasury 47,750,000.00 3.50%46,366,763.7047,337,874.5199.463.70%47,482,917.25284,433.4542.99%145,042.742.141.99110,393,766.00 3.99%108,379,153.74109,584,017.7098.673.81%110,439,886.67867,506.27100.00%855,868.972.282.06 City of Buena Park Core | Account #405 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturityTotal Market Value + Accrued 111,307,392.94 City of Buena Park Core | Account #405 | As of October 31, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossACQUISITIONSPurchase 10/02/2025 60934N1041.000 4.01%0.000.00Purchase 10/10/2025 60934N1041.0000.000.00Purchase 10/14/2025 60934N1041.000 3.99%0.000.00Purchase 10/15/2025 60934N104 25,125.001.000 4.02%0.000.00Purchase60934N104 2,155.211.000 4.01%0.000.00Purchase60934N1041.000 4.01%0.000.00Purchase60934N104 40,000.001.000 4.01%0.000.00Purchase 10/30/2025 60934N104 29,410.001.000 4.01%0.000.00Purchase 10/31/2025 60934N1041.000 3.92%0.000.00Total Purchase 1,242,447.97 (1,242,447.97) 0.00 (1,242,447.97) 0.00TOTAL ACQUISITIONS 1,242,447.97 (1,242,447.97) 0.00 (1,242,447.97) 0.00DISPOSITIONSMaturity 10/31/20250.25 10/31/2025100.000 0.50% 1,000,000.00 0.00 1,000,000.00 0.00Total Maturity (1,000,000.00) 1,000,000.00 0.00 1,000,000.00 0.00Sale 10/06/2025 60934N1041.000 4.00%0.000.00Sale60934N1041.0000.000.00Total Sale (1,502,039.57) 1,502,039.57 0.00 1,502,039.57 0.00 City of Buena Park Core | Account #405 | As of October 31, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossTOTAL DISPOSITIONS (2,502,039.57) 2,502,039.57 0.00 2,502,039.57 0.00OTHER TRANSACTIONS10/01/20250.0009/25/20294.49% 2,500.00 0.00 2,500.00 0.0010/01/20250.004.42%0.000.0010/01/20250.0003/25/20304.40% 5,515.00 0.00 5,515.00 0.0010/01/20250.0001/25/20304.35% 2,155.21 0.00 2,155.21 0.0010/01/20250.004.34% 3,150.00 0.00 3,150.00 0.0010/01/20250.000.000.0010/01/20250.0001/25/20294.21%0.000.0010/01/20250.0003/25/20290.000.0010/01/20250.0004/25/20290.000.0010/10/20250.004.66%0.000.0010/13/2025 023135CF1 0.003.59%0.000.0010/15/20250.004.66% 11,062.50 0.00 11,062.50 0.0010/15/20250.003.64% 14,062.50 0.00 14,062.50 0.00 City of Buena Park Core | Account #405 | As of October 31, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/Loss0.003.90% 40,000.00 0.00 40,000.00 0.0010/30/20250.005.91% 29,410.00 0.00 29,410.00 0.0010/31/20250.004.125 10/31/20290.000.0010/31/20250.003.36%0.000.0010/31/20250.0020,625.00 0.00 20,625.00 0.0010/31/20250.000.25 10/31/20250.50% 1,250.00 0.00 1,250.00 0.00Total Coupon 0.00 238,167.28 0.00 238,167.28 0.0010/31/2025 60934N104 0.003.93% 2,233.09 0.00 2,233.09 0.00Total Dividend 0.00 2,233.09 0.00 2,233.09 0.00Cash 0.00%0.000.00Total Management Fee (8,204.57) (8,204.57) 0.00 (8,204.57) 0.00TOTAL OTHER TRANSACTIONS (8,204.57) 232,195.80 0.00 232,195.80 0.00 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCASH & EQUIVALENTS60934N1041,561,532.911,561,532.910.000.000.000.000.00Payable0.000.000.000.000.000.000.000.000.000.000.000.000.002,233.090.000.002,233.090.000.000.000.000.000.000.000.000.00Total Cash & Equivalents 1,563,766.00331,570.201,242,447.97(1,502,039.57)1,563,766.000.004,280.690.004,280.690.000.000.004,280.69 4,280.69FIXED INCOME3.35 05/03/202603/16/202303/20/20231,000,000.000.000.00994,039.660.000.00023135CF106/09/202206/13/2022500,000.000.000.00112.410.00112.411,500,000.000.000.001,501,145.6611,965.250.000.005,402.955,402.9501/31/20231,000,000.000.000.0011,500.000.0014,000.002,500.000.003,351.923,351.92 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income1,000,000.000.000.001,000,353.526,600.500.0011,205.504,605.000.004,562.694,562.6903/14/202203/16/2022500,000.000.000.00511.110.001,469.440.001,129.391,129.3906/03/20220.000.000.002,000.000.0003/14/20290.000.000.000.0005/16/202405/20/20241,250,000.001,251,365.290.000.001,251,331.290.000.0002/26/202903/01/20241,250,000.000.000.001,251,335.690.000.0005/01/203005/01/202505/02/20251,000,000.001,002,361.530.000.000.003,500.000.003,455.443,455.44535,000.000.000.005,664.310.0013.530.0013.532,220.402,220.4006/11/202406/12/20240.000.000.003,031.2590.320.0090.32 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income4.5 12/12/202505/31/202306/01/20230.000.000.0015,550.633,356.250.003130AUU364.125 03/13/202603/16/20231,000,000.00999,562.650.000.002,062.500.005,500.000.001,000,000.00999,546.340.000.000.000.0009/11/202309/12/20231,600,000.000.000.000.0010,305.560.003130B1BC006/11/202406/12/20241,200,000.000.000.000.004,625.000.004,511.544,511.542,000,000.000.000.000.000.0011/14/202311/15/20232,500,000.000.000.0044,322.920.009,635.42202.140.00202.1405/09/202305/10/20232,000,000.000.000.0034,000.0040,000.000.006,510.526,510.5202/26/20262,000,000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income01/29/202401/31/20242,000,000.000.000.000.00266.930.00266.9310/31/202311/01/20231,000,000.000.000.00999,621.360.0043.310.0043.3104/10/202904/10/202404/15/20240.000.004,466.150.0011/19/20201,100,000.000.000.002,200.000.000.0001/29/202401/31/20241,000,000.000.000.000.0006/10/202506/13/20251,250,000.000.000.00396.440.00396.4412/09/202412/12/20241,000,000.000.000.003,150.003,150.003,150.003,150.000.0001/25/202904/23/20251,000,000.000.000.00436.260.00436.263,511.263,511.2603/25/202909/11/202509/16/20251,000,000.00990,929.420.000.00991,154.91225.490.00225.493,146.323,146.32 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income04/25/202909/20/20241,000,000.000.000.00363.130.00363.133,111.463,111.4601/25/203006/10/202506/13/20251,250,000.001,140,199.150.000.001,142,390.922,155.212,155.212,155.212,155.210.0009/25/202910/30/202411/04/20241,000,000.00950,541.620.000.00951,613.042,500.002,500.002,500.002,500.000.0003/25/203003/26/202503/31/20251,500,000.000.000.005,515.005,515.005,515.005,515.0022.250.0022.2506/25/202906/24/202406/25/20241,250,000.000.000.000.0052.200.0052.205,000.125,000.1212/29/20232,000,000.001,955,436.900.000.002,256.940.000.001,500,000.000.000.000.000.005.012 01/23/203003/26/20250.000.000.003,132.500.0002/09/202902/12/202402/14/20241,250,000.000.000.000.0039.560.0039.56 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income03/16/202303/20/20231,000,000.000.000.001,006,990.210.004,062.500.0005/09/20231,000,000.000.000.000.0012.900.0012.9010/31/202311/02/20231,000,000.000.000.0029,410.00163.390.004,925.494,925.4902/10/20251,000,000.000.000.000.0011,550.004,125.000.0006/29/20220.000.000.0014,250.002,500.000.002,450.142,450.1401/31/2023500,000.000.000.00502,956.230.000.0003/16/202303/20/20231,000,000.000.000.004,300.000.003,000.000.0002/01/202909/29/202510/06/20251,500,000.000.000.000.000.00132.030.00132.034,246.624,246.6203/19/202403/21/20241,000,000.00999,931.660.000.00999,935.640.000.00 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCORP 5.4 11/10/202511/10/20221,000,000.001,000,035.040.000.0021,150.000.0025,650.004,500.000.0090331HPS605/12/202505/15/20251,250,000.001,250,413.060.000.001,250,399.2522,336.110.000.0010/04/202210/05/20221,600,000.000.000.003,065.220.000.005,160.215,160.2112/29/20221,150,000.000.000.000.0011,953.131,555.910.001,555.9103/12/202403/13/20240.000.001,691,434.290.0010,664.060.001,300,000.000.000.0012,920.520.003,622.343,622.3410/04/202210/05/20220.000.001,666,034.450.003,222.152,235.520.002,235.5206/09/202206/10/20221,500,000.000.000.000.000.000.25 10/31/202502/16/20210.000.000.001,046.201,250.000.000.00406.63406.63 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income01/11/202101/12/20211,250,000.000.000.000.00119.320.00119.32514.20514.2003/29/202103/31/20211,250,000.000.000.000.00492.560.00492.5609/30/20211,500,000.000.000.0030.910.000.0006/03/202206/06/20221,500,000.000.000.000.002,631.600.002,631.6006/03/202206/06/20221,500,000.000.000.000.002,369.230.0005/26/202205/31/20221,000,000.000.000.0024.040.000.001.25 11/30/202605/26/202205/31/20221,000,000.000.000.000.005,259.560.001.25 12/31/202606/03/202206/06/20221,500,000.000.000.000.000.0006/09/202206/10/20221,500,000.000.000.001,493,309.1520,625.00113.950.00 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income1,000,000.00953,132.010.000.000.002,329.240.003,415.123,415.121,500,000.000.000.004,014.160.004,014.160.005,241.605,241.602,000,000.000.000.005,352.210.005,352.21495.630.00495.6302/23/20232,000,000.000.000.000.000.0002/15/202605/31/202306/01/20231,500,000.000.000.000.005,054.35205.490.00205.4903/26/20252,000,000.000.000.000.00140.010.00140.0105/31/202306/01/20232,000,000.000.000.001,990,601.940.00330.690.00330.696,505.146,505.144.125 06/15/202604/22/20251,000,000.001,001,150.060.000.001,001,011.340.000.003,355.133,355.1310/30/202410/31/20241,500,000.000.000.0015,163.040.005,054.35134.400.00134.40 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income09/03/202409/04/20242,000,000.000.000.000.000.004.125 10/31/202912/30/202412/31/20241,500,000.000.000.000.0012/30/202412/31/20241,500,000.001,499,651.390.000.000.006.960.006.965,535.165,535.164.25 01/31/203002/10/20251,250,000.000.000.001,245,952.210.0013,425.610.004,556.064,556.061,500,000.000.000.000.004,950.210.0005/01/202505/02/20250.000.0014,062.501,313.530.002,250,000.000.000.000.000.0009/11/202509/12/20251,500,000.001,520,405.220.000.001,520,046.620.000.0012/30/20220.000.0011,062.500.00 City of Buena Park Core | Account #405 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income09/12/20220.000.000.000.002,449.032,449.03Total Fixed Income 108,830,000.00108,981,205.380.00(1,000,000.00)108,020,251.70785,095.27238,167.28867,506.27320,578.2842,081.12(3,034.81)39,046.31359,624.59 359,624.59TOTAL PORTFOLIO 110,393,766.00109,312,775.581,242,447.97(2,502,039.57)109,584,017.70785,095.27242,447.97867,506.27324,858.9742,081.12(3,034.81)39,046.31363,905.28 363,905.28 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount1,100,000.00Final Maturity1,100,000.001,100,000.00 1,100,000.0011/10/202515,000.00 15,000.0011/10/20251,000,000.0011/10/2025 Final Maturity1,000,000.001,000,000.00 1,000,000.0011/13/20251,000,000.0015,000.00 15,000.0011/13/20252,500,000.001,000,000.0020,250.00 20,250.0090331HPS6 1,250,000.0029,562.50 29,562.501,150,000.0011/25/20251,000,000.0011/25/20251,250,000.0011/25/20251,000,000.003,150.00 3,150.0011/25/20251,000,000.0011/25/20251,000,000.0011/25/20251,000,000.0011/25/20251,250,000.002,155.21 2,155.2111/25/20251,000,000.002,500.00 2,500.0011/25/20251,500,000.005,515.00 5,515.00November 2025 Total 2,100,000.00 209,163.54 2,309,163.5412/01/20251,500,000.005,625.00 5,625.0012/01/20251,000,000.006,250.00 6,250.0012/01/20251,000,000.003130B1BC0 1,200,000.0012/11/2025 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount12/11/20252,000,000.0046,250.00 46,250.0012/12/202512/12/2025 Final Maturity12/12/20251,000,000.0012/15/20251,000,000.0020,625.00 20,625.0012/25/20251,000,000.0012/25/20251,250,000.0012/25/20251,000,000.003,150.00 3,150.0012/25/20251,000,000.0012/25/20251,000,000.0012/25/20251,000,000.0012/25/20251,250,000.002,155.21 2,155.2112/25/20251,000,000.002,500.00 2,500.0012/25/20251,500,000.005,515.00 5,515.0012/26/20251,250,000.0012/31/20251,250,000.0012/31/2025 Final Maturity1,250,000.001,250,000.00 1,250,000.0012/31/20251,500,000.0012/31/20251,500,000.0030,000.00 30,000.0012/31/20251,500,000.00December 2025 Total 2,145,000.00 315,394.79 2,460,394.79JANUARY 202601/12/20261,500,000.0026,250.00 26,250.0001/12/2026500,000.0011,500.00 11,500.0001/14/2026535,000.0013,241.25 13,241.2501/15/20262,250,000.0001/20/20261,500,000.0001/20/20262,000,000.00 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount01/23/202601/26/20261,000,000.0001/26/20261,250,000.0001/26/20261,000,000.003,150.00 3,150.0001/26/20261,000,000.0001/26/20261,000,000.0001/26/20261,000,000.0001/26/20261,250,000.002,155.21 2,155.2101/26/20261,000,000.002,500.00 2,500.0001/26/20261,500,000.005,515.00 5,515.0001/30/20261,000,000.0025,000.00 25,000.00January 2026 Total 237,707.08 237,707.0802/02/20261,500,000.0002/02/20261,500,000.0011,250.00 11,250.0002/02/20261,250,000.0002/02/2026 Final Maturity1,250,000.001,250,000.00 1,250,000.0002/02/20261,500,000.0002/02/20262,000,000.0035,000.00 35,000.0002/02/20262,000,000.0040,000.00 40,000.0002/02/20261,250,000.0026,562.50 26,562.5002/02/20261,500,000.0029,062.50 29,062.5002/09/20261,250,000.0002/09/20261,000,000.001,600,000.0012,000.00 12,000.0025,156.25 25,156.2519,125.00 19,125.001,500,000.0030,000.00 30,000.00Final Maturity1,500,000.001,500,000.00 1,500,000.001,000,000.00 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount1,000,000.0002/25/20261,000,000.0002/25/20261,250,000.0002/25/20261,000,000.003,150.00 3,150.0002/25/20261,000,000.0002/25/20261,000,000.0002/25/20261,000,000.0002/25/20261,250,000.002,155.21 2,155.2102/25/20261,000,000.002,500.00 2,500.0002/25/20261,500,000.005,515.00 5,515.0002/26/20261,250,000.0030,312.50 30,312.5002/26/20262,000,000.004.125 02/26/202641,250.00 41,250.0002/26/2026 Final Maturity2,000,000.004.125 02/26/20262,000,000.00 2,000,000.001,250,000.0030,312.50 30,312.50February 2026 Total 4,750,000.00 483,345.62 5,233,345.62MARCH 202603/02/20261,500,000.0003/02/20262,000,000.0031,250.00 31,250.0003/02/20262,000,000.0040,000.00 40,000.0003/09/20261,600,000.0035,000.00 35,000.0003/09/20261,000,000.0003/09/202603/13/20263130AUU36 1,000,000.0003/13/202620,625.00 20,625.0003/13/2026 Final Maturity 3130AUU36 1,000,000.0003/13/20261,000,000.00 1,000,000.0003/16/2026500,000.00 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount03/16/202612,000.00 12,000.0003/16/20262,000,000.0031,250.00 31,250.001,000,000.0024,965.00 24,965.0003/25/20261,000,000.0003/25/20261,250,000.0003/25/20261,000,000.003,150.00 3,150.0003/25/20261,000,000.0003/25/20261,000,000.0003/25/20261,000,000.0003/25/20261,250,000.002,155.21 2,155.2103/25/20261,000,000.002,500.00 2,500.0003/25/20261,500,000.005,515.00 5,515.0003/31/20261,500,000.005,625.00 5,625.0003/31/2026 Final Maturity1,500,000.001,500,000.00 1,500,000.0003/31/20261,000,000.0003/31/20262,000,000.0036,250.00 36,250.0003/31/20261,500,000.0029,062.50 29,062.50March 2026 Total 2,500,000.00 385,253.54 2,885,253.54APRIL 202604/10/202604/13/2026023135CF1 500,000.0004/15/202614,062.50 14,062.5004/15/202611,062.50 11,062.501,000,000.001,250,000.001,000,000.003,150.00 3,150.001,000,000.001,000,000.001,000,000.00 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount1,250,000.002,155.21 2,155.211,000,000.002,500.00 2,500.001,500,000.005,515.00 5,515.002,000,000.0040,000.00 40,000.00Final Maturity2,000,000.002,000,000.00 2,000,000.0004/30/20261,000,000.0029,410.00 29,410.0004/30/20261,300,000.0004/30/2026 Final Maturity1,300,000.001,300,000.00 1,300,000.0004/30/20261,500,000.0020,625.00 20,625.0004/30/20261,500,000.00April 2026 Total 3,300,000.00 236,917.29 3,536,917.29MAY 202605/01/20261,000,000.0021,000.00 21,000.0005/04/20261,000,000.0005/04/2026 Final Maturity1,000,000.001,000,000.00 1,000,000.0005/11/202615,000.00 15,000.0005/13/20261,000,000.0015,000.00 15,000.0005/13/20262,500,000.0005/15/202690331HPS6 1,250,000.0029,562.50 29,562.5005/15/20261,150,000.001,000,000.0020,250.00 20,250.0005/25/20261,000,000.0005/25/20261,250,000.0005/25/20261,000,000.003,150.00 3,150.0005/25/20261,000,000.0005/25/20261,000,000.0005/25/20261,000,000.0005/25/20261,250,000.002,155.21 2,155.2105/25/20261,000,000.002,500.00 2,500.00 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount05/25/20261,500,000.005,515.00 5,515.00May 2026 Total 1,000,000.00 217,163.54 1,217,163.54JUNE 202606/01/20261,500,000.005,625.00 5,625.0006/01/2026 Final Maturity1,500,000.001,500,000.00 1,500,000.0006/01/20261,000,000.006,250.00 6,250.0006/01/20261,000,000.003130B1BC0 1,200,000.0006/11/202606/11/20262,000,000.0046,250.00 46,250.0006/12/20261,000,000.0006/12/2026 Final Maturity1,000,000.001,000,000.00 1,000,000.0006/15/20261,000,000.0020,625.00 20,625.0006/15/2026 Final Maturity1,000,000.001,000,000.00 1,000,000.0006/25/20261,000,000.0006/25/20261,250,000.0006/25/20261,000,000.003,150.00 3,150.0006/25/20261,000,000.0006/25/20261,000,000.0006/25/20261,000,000.0006/25/20261,250,000.002,155.21 2,155.2106/25/20261,000,000.002,500.00 2,500.0006/25/20261,500,000.005,515.00 5,515.0006/25/20261,250,000.0006/30/20261,500,000.0006/30/20261,500,000.0030,000.00 30,000.0006/30/20261,500,000.00June 2026 Total 3,500,000.00 292,913.54 3,792,913.54JULY 2026500,000.0011,500.00 11,500.00 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount1,500,000.0026,250.00 26,250.00535,000.0013,241.25 13,241.252,250,000.001,500,000.0032,632.50 32,632.501,000,000.0023,025.00 23,025.001,000,000.001,000,000.00 1,000,000.002,000,000.001,000,000.001,250,000.001,000,000.003,150.00 3,150.001,000,000.001,000,000.001,000,000.001,250,000.002,155.21 2,155.211,000,000.002,500.00 2,500.001,500,000.005,515.00 5,515.001,000,000.0025,000.00 25,000.00Final Maturity1,000,000.001,000,000.00 1,000,000.001,500,000.0011,250.00 11,250.001,500,000.00Final Maturity1,500,000.001,500,000.00 1,500,000.002,000,000.0035,000.00 35,000.002,000,000.0040,000.00 40,000.001,250,000.0026,562.50 26,562.501,500,000.0029,062.50 29,062.50July 2026 Total 3,500,000.00 408,201.04 3,908,201.04AUGUST 2026 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount1,500,000.0029,625.00 29,625.001,000,000.001,250,000.001,600,000.0012,000.00 12,000.00Final Maturity1,600,000.001,600,000.00 1,600,000.0025,156.25 25,156.2519,125.00 19,125.001,000,000.001,000,000.001,250,000.001,000,000.003,150.00 3,150.001,000,000.001,000,000.001,000,000.001,250,000.002,155.21 2,155.211,000,000.002,500.00 2,500.001,500,000.005,515.00 5,515.001,250,000.0030,312.50 30,312.501,250,000.0030,312.50 30,312.501,500,000.002,000,000.0031,250.00 31,250.002,000,000.0040,000.00 40,000.00August 2026 Total 1,600,000.00 340,944.79 1,940,944.791,600,000.0035,000.00 35,000.0009/09/20261,000,000.0009/09/202609/14/2026 City of Buena Park Core | Account #405 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount09/15/2026500,000.0009/15/202612,000.00 12,000.002,000,000.0031,250.00 31,250.001,000,000.0024,965.00 24,965.0009/25/20261,000,000.0009/25/20261,250,000.0009/25/20261,000,000.003,150.00 3,150.0009/25/20261,000,000.0009/25/20261,000,000.0009/25/20261,000,000.0009/25/20261,250,000.002,155.21 2,155.2109/25/20261,000,000.002,500.00 2,500.0009/25/20261,500,000.005,515.00 5,515.0009/30/20261,000,000.0009/30/20261,000,000.001,000,000.00 1,000,000.0009/30/20261,000,000.0009/30/2026 Final Maturity1,000,000.001,000,000.00 1,000,000.0009/30/20262,000,000.0036,250.00 36,250.0009/30/20261,500,000.0029,062.50 29,062.50September 2026 Total 2,000,000.00 288,824.37 2,288,824.37Grand Total 310,510,000.00 26,395,000.00 3,415,829.16 29,810,829.16 City of Buena Park Liquid | Account #406 | As of October 31, 2025PORTFOLIO SUMMARYAccount SummaryCredit Quality*Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(01/01/06)City of Buena Park LiquidBenchmark Return

0.00AAA0.000.00 End Values as of 09/30/2025End Values as of 10/31/2025Market ValueAccrued Interest 0.00 0.00Total Market Value 19,971,800.79 24,064,126.890.004,000,000.00ParBook ValueCost ValueLAIF

City of Buena Park Liquid | Account #406 | As of October 31, 2025RECONCILIATION SUMMARYMonth to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00PurchasesSales0.00 0.000.00 0.00Month to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00PurchasesSales0.00 0.000.00 0.000.00 0.00 Month to Date 0.00Fiscal Year to Date 0.00Month to Date 0.00Fiscal Year to Date 0.00PurchasesMonth to Date 5,276,425.11Fiscal Year to Date 5,624,575.63SalesMonth to Date (1,000,000.00)Fiscal Year to Date (17,500,000.00)Month to Date 276,425.11Fiscal Year to Date 624,575.63Purchased / Sold InterestMonth to Date 0.00Fiscal Year to Date 0.00 City of Buena Park Liquid | Account #406 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueBook ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossMoody's/S&P/FitchMaturityCASH1.000.000.00Aaa/AAAAAA0.000.00Total Cash 85,785.4785,785.4785,785.471.000.00%85,785.470.000.36%0.000.000.00LAIF90LAIF$00State Pool1.000.000.00NA/NANA0.000.00Total LAIF 23,978,341.42 4.13%23,978,341.4223,978,341.421.004.13%23,978,341.420.0099.64%0.000.000.0024,064,126.89 4.13%24,064,126.8924,064,126.891.004.12%24,064,126.890.00100.00%0.000.000.00Total Market Value + Accrued 24,064,126.89 City of Buena Park Liquid | Account #406 | As of October 31, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossACQUISITIONSPurchase 10/01/2025 90LAIF$00 5,000,000.00Fund State Pool1.0000.000.00Purchase 10/15/2025 90LAIF$00Fund State Pool1.0000.000.00Total Purchase 5,276,425.11 (5,276,425.11) 0.00 (5,276,425.11) 0.00TOTAL ACQUISITIONS 5,276,425.11 (5,276,425.11) 0.00 (5,276,425.11) 0.00DISPOSITIONSSale 10/16/2025 90LAIF$00Fund State Pool1.0001,000,000.00 0.00 1,000,000.00 0.00Total Sale (1,000,000.00) 1,000,000.00 0.00 1,000,000.00 0.00TOTAL DISPOSITIONS (1,000,000.00) 1,000,000.00 0.00 1,000,000.00 0.00OTHER TRANSACTIONS10/01/20255,000,000.00 Cash5,000,000.00 0.00 5,000,000.00 0.0010/16/2025Cash0.000.00Total Cash Transfer 4,000,000.00 4,000,000.00 0.00 4,000,000.00 0.0010/15/2025 90LAIF$00 0.00Fund State Pool6,540.63 0.00 6,540.63 0.00Total Dividend 0.00 6,540.63 0.00 6,540.63 0.00TOTAL OTHER TRANSACTIONS 4,000,000.00 4,006,540.63 0.00 4,006,540.63 0.00 City of Buena Park Liquid | Account #406 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsBook Value: BeginBook Value: AcqBook Value: DispBook Value: EndPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCASH & EQUIVALENTS0.000.000.000.000.000.000.000.000.000.000.00Total Cash & Equivalents 85,785.47269,884.480.000.0085,785.470.000.000.000.000.000.000.000.00 0.00LAIF90LAIF$00Fund State Pool0.000.000.000.000.00Total LAIF 23,978,341.4219,701,916.315,276,425.11(1,000,000.00)23,978,341.420.00276,425.110.00276,425.110.000.000.00276,425.11 276,425.11TOTAL PORTFOLIO 24,064,126.8919,971,800.795,276,425.11(1,000,000.00)24,064,126.890.00276,425.110.00276,425.110.000.000.00276,425.11 276,425.11 City of Buena Park Liquid | Account #406 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total AmountJANUARY 202601/15/202690LAIF$00January 2026 Total 85,785.47 85,785.47Grand Total 23,978,341.42 85,785.47 85,785.47 CONFIDENTIAL | 2
City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025PORTFOLIO SUMMARYAccount SummaryCredit Quality*Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(08/01/08)Buena Park RDA Series B Bond

0.00AAA0.000.00 End Values as of 09/30/2025End Values as of 10/31/2025Market ValueAccrued Interest 0.00 0.00Total Market Value 1,377,136.47 1,381,808.83Income Earned0.00 0.00ParBook ValueCost ValueFederated Hermes, Inc.

Benchmark: NO BENCHMARK REQUIRED

CONFIDENTIAL | 3
City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotesBANKERS' ACCEPTANCES100.0 0.030.0 0.00.0 0.0COMMERCIAL PAPER100.0 0.00.00.0 0.0FEDERAL AGENCIES100.0 0.00.0MONEY MARKET MUTUAL FUNDS100.00.0 0.0100.0 0.00.0 0.0100.0 0.030.0 0.00.0 0.0U.S. TREASURIES100.0 0.0 City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025RECONCILIATION SUMMARYMonth to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00PurchasesSales 0.00 0.0021.020.00 0.000.00 0.00Month to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00PurchasesSales 0.00 0.0021.020.00 0.000.00 0.000.00 0.00 Month to Date 0.00Fiscal Year to Date 0.00Month to Date 0.00Fiscal Year to Date 0.00PurchasesMonth to Date 4,623.62Fiscal Year to Date 18,948.69SalesMonth to Date 0.00Fiscal Year to Date 0.00Month to Date 4,623.62Fiscal Year to Date 18,948.69Purchased / Sold InterestMonth to Date 0.00Fiscal Year to Date 0.00 CONFIDENTIAL | 5
City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueBook ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossMoody's/S&P/FitchMaturityCASH1.000.000.00Aaa/AAAAAA0.000.00Total Cash 4,672.364,672.364,672.361.000.00%4,672.360.000.34%0.000.000.00MONEY MARKET FUND1.000.000.00Aaa/AAAmAAA0.000.00Total Money Market Fund 1,377,136.47 3.90%1,377,136.471,377,136.471.003.92%1,377,136.470.0099.66%0.000.000.001,381,808.83 3.90%1,381,808.831,381,808.831.003.91%1,381,808.830.00100.00%0.000.000.00Total Market Value + Accrued 1,381,808.83 CONFIDENTIAL | 6
City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossACQUISITIONSPurchase 10/02/2025INST1.0000.000.00Total Purchase 4,623.62 (4,623.62) 0.00 (4,623.62) 0.00TOTAL ACQUISITIONS 4,623.62 (4,623.62) 0.00 (4,623.62) 0.00OTHER TRANSACTIONS10/31/20250.00INST0.000.00Total Dividend 0.00 4,672.36 0.00 4,672.36 0.00TOTAL OTHER TRANSACTIONS 0.00 4,672.36 0.00 4,672.36 0.00 City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025INCOME EARNEDCusipTrade DateUnitsBook Value: BeginBook Value: AcqBook Value: DispBook Value: EndPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCASH & EQUIVALENTS0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00Total Cash & Equivalents 1,381,808.831,377,136.474,623.620.001,381,808.830.004,623.620.004,623.620.000.000.004,623.62 4,623.62TOTAL PORTFOLIO 1,381,808.831,377,136.474,623.620.001,381,808.830.004,623.620.004,623.620.000.000.004,623.62 4,623.62 City of Buena Park RDA Series B Bond | Account #10033 | As of October 31, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total AmountGrand Total December 9, 2025

CONSENT CALENDAR
Item No. 5D.

City Council Agenda Report

ADOPT RESOLUTION HONORING AND COMMENDING BUENA PARK POLICE CHIEF FRANK NUNES UPONHIS RETIREMENT

PREPARED BY PRESENTED BY
Rebecca Valdez, Human Resources Manager Eddie Fenton, Assistant City Manager/Director of Human Resources

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
Adopt the resolution.

PREVIOUS CITY COUNCIL ACTION
None.

Attachments
Resolution Frank Nunes.pdf
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUENA PARK, CALIFORNIA, HONORING AND COMMENDING

FRANK NUNES ON HIS RETIREMENT

WHEREAS, Frank Nunes has served as an employee of the City of Buena Park for over 28 years from April 1, 1997, until his retirement on December 30, 2025; and

WHEREAS, Frank began his career in law enforcement in 1993 with the Sierra Madre Police Department, following his service in the United States Marine Corp. Frank then lateraled over to the City of Buena Park as a P olice Officer on April 1, 1997. In July 20 01, he was promoted to the rank of Police Corporal. In July 2005 , Frank was promoted to the rank of Police Sergeant and was then promoted to the rank of Police Lieuten ant in November 2015. In July 2018 , he was promoted to the rank of Police Captain , and in October 2022, he was promoted to the position of Police Chief, remaining in that capacity until his retirement on December 30, 2025; and

WHEREAS, Frank’s career in law enforcement has included numerous assignments, including Patrol, Burglary Investigator, Robbery/Homicide Investigator, SWAT Team, Detective Bureau, and Professional Standards. He also oversaw the Communications Unit , Training Bureau, managed the ongoing accreditation with the Commission on Accreditation for Law Enforcement (“CALEA”), and served as the Patrol Watch Commander, and Commander of both the Operations and Support Services Divisions; and

WHEREAS, Frank has received countless accolades from members of the community and continues his oath of commitment to service. He is a two-time recipient of the Department’s award of merit, lifesaving award , and supervisor/manager of the year awards . He is someone who has never faltered from being an outstanding representative of the Department; and

WHEREAS, during Frank’s tenure with the Department, he has been involved in nearly every community activity and is a true believer in community service. Because health and fitness are two of his top personal priorities, he made his best effort to keep the Department employees on target towards a balanced life of strength and well-being; and

WHEREAS, the City Council is desirous of recognizing and commending Chief Frank Nunes for his loyal and dedicated service to the City of Buena Park.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby honor and commend Chief Frank Nunes for his diligent and devoted service to the City of Buena Park and does hereby express appre ciation and gratitude to h im and further does extend to him best wishes for a long and rewarding retirement.

PASSED AND ADOPTED this 9th day of December 2025, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

___________________________________
Mayor

ATTEST:

__________________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 9th day of December 2025.

___________________________________
City Clerk
December 9, 2025

CONSENT CALENDAR
Item No. 5E.

City Council Agenda Report

APPROVE A PUBLIC WORKS CONTRACT FOR DESIGN-BUILD SERVICES WITH AMERICAN RAMPCOMPANY FOR THE PEAK PARK ASPHALT PUMP TRACK 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 a design-build public works contract with American Ramp Company without a guaranteed minimum and a not-to-exceed amount of $800,000 for the Peak Park Asphalt Pump Track project; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 3) Authorize the City Manager and City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
On October 10, 2023, the Community Services Department presented a study session item for a Pump Track at William Peak Park. The City Council directed staff to move forward with the project.

DISCUSSION
The City is initiating the conceptual, design, and construction phase of the Peak Park Asphalt Pump Track project.

The footprint of the project is approximately 36,000-SF and will be located within an undeveloped space at William Peak Park. The project will include various improvements such as a complete and fully functional asphalt pump track with various site amenities and landscaping. The proposed asphalt pump track will be a new park amenity that provides recreational activities for bicycles, scooters, skateboards, and roller skates.

On September 25, 2025, staff issued a Request for Proposals (RFP) to retain a contractor to provide design-build services for the subject project. Two (2) proposals were received on October 23, 2025, and were thoroughly evaluated by staff.

Following a thorough evaluation, staff determined that American Ramp Company is the most qualified firm based on their understanding of the scope of work, project schedule, cost-effectiveness, and relevant experience.

American Ramp Company has successfully delivered similar design projects for other agencies, such as the Cities of San Clemente, Menifee, and Temecula.

Staff recommends awarding the contract with American Ramp Company for professional design-build services, including plans, specifications, cost estimates, and construction. The conceptual phase of this project is anticipated to be completed by January 2025. The design phase is anticipated to be completed by March 2026. The construction phase of this project is anticipated to begin in spring 2026 and be completed in summer 2026.

The City Attorney has reviewed and approved the proposed contract.

BUDGET IMPACT
This contract is in a not-to-exceed amount of $800,000 without a guaranteed minimum. The project is funded by Measure R proceeds as a Capital Improvements Project (Account No. 13-9806-190307).

Attachments
Att 1 of 4 - RFP Design Build - Peak Park Pump Track.pdf Att 2 of 4 Peak Park DB Contract_Award.pdf
Att 3 of 4 - ARC Proposal.pdf
Att 4 of 4 - ARC Fee.pdf

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

Proposal Due Date: October 23, 2025 BY 3:00 PM

RFP Administrator: Jason Tran, P.E.

Associate Engineer
Public Works Department
T: (714) 562-3680
[email protected]

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

ISSUED: September 25, 2025

REQUEST FOR PROPOSAL (RFP)

PEAK PARK ASPHALT PUMP TRACK

DESIGN-BUILD

INTRODUCTION

The City of Buena Park (City) is requesting sealed Statements of Qualifications and Proposals (jointly hereafter as “Request for Proposals” or “RFP”) from Design-Build Teams (“DBT” or simply “Contractor”) interested in providing professional design and construction services for the Peak Park Asphalt Pump Track Project (the “Project”). The Project has a footprint of approximately 36,000-SF and will involve various elements including, but not limited to, design and construction of an asphalt pump track, surface re -grading, landscaping, relocation of irrigation lines; related amenities; and other incidentals as necessary to complete the Project in its en tirety. The City Council has established a not-to-exceed budget of $800,000 for the Project.

Buena Park is a Charter City operating under the Council -Manager form of government. Buena Park is located 21 miles southeast of Los Angeles and is referred to locally as the “Center of the Southland” due to its easy access to both the 91 and 5 freeways. W ith a diverse population of approximately 81,000, Buena Park offers quality residential areas, excellent cultural and recreational facilities, and a stable economy within its 10.3 square miles. Buena Park prides itself on making abundant entertainment and recreation opportunities available to its residents and the City Council has approved a variety of public park improvements to enhance these opportunities.

The goal of this RFP is to select a qualified DBT to provide complete design -build services for an asphalt pump track for various ages and abilities. Interested Contractors must provide evidence of thorough knowledge and experience in this area and provide a project history to support this.

The selected Contractor will provide design and engineering services and construction drawings for a complete and fully functional asphalt pump track to be located on City-owned park land at Peak Park, including develop ment of alternative amenities and cost estimates for each alternative that may be included with the project design.

The City encourages interested Contractors to review this document completely. Contractors responding to this RFP are responsible for thoroughly reviewing and understanding all terms and conditions outlined herein. A draft Design-Build Contract (Contract) is attached to this RFP for information and will be used in the City’s awarding of the Project . Responsive proposals will be evaluated and scored based on the factors specified in this RFP. A Contract award, if any, will be made to the responsible and responsible Contractor whose proposal is determined to be most advantageous to the City.

This RFP does not imply a commitment to award or enter into a Contract. The City reserves the rights to reject any or all Proposals; to cancel, modify, or postpone this RFP at any time; and may waive any procedural irregularities or informalities in this RFP, a Proposal, or the Contract award process.

PROJECT BACKGROUND

The Project is an asphalt pump track to be located within an undeveloped space at William Peak Park (7225 El Dorado Dr, Buena Park, CA 90620). The footprint of the project is approximately 36,000-SF and will involve various improvements, including, but not limited to, design and construction of a complete and fully functional asphalt pump track, surface re -grading, landscaping, relocation of irrigation lines; and other incidentals as necessary to complete the Project in its entirety. The selected Contractor will be expected to provide design and provide options of alternative amenities and cost estimates for each alternative that may be included with the Project design. The City has established a not -to-exceed budget of $800,000 for the Project, including all design, construction, construction engineering, and contingencies.

QUALIFICATIONS

Design Build Teams must demonstrate the following minimum qualifications to be considered for award:

MINIMUM QUALIFICATIONS

• Valid California Professional Civil Engineer License or Architectural License;

• Valid California Class A or Class C Contractor License;

• Satisfactory completion of a minimum of three (3) complete Union Cycliste Internationale (UCI) sanctioned asphalt pump track PS&E of similar size and scope (design and/ or construction) within the last 5 years, and provide references;

• Contractor must demonstrate ability to deliver projects within a not -to-exceed budget environment

• Understanding of the activities at William Peak Park , surrounding land use, traffic circulation, and operational needs of the City;

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

• Demonstrated understanding of the City of Buena Park standards, provisions, and practices.

SCOPE OF SERVICES

The scope of work will include the following:

1. Project Management and Coordination (discussed more below)

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

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

b. Project Coordination: Contractor shall coordinate major design requests and changes with the City, impacted governmental agencies or utilities, and other constituents that may provide design input, suggestions or restrictions for the project. Design may be altered through additional coordination efforts.

c. Project Budget : Contractor shall provide complete design, engineering, and construction services necessary to deliver a turnkey asphalt pump track within a not- to-exceed budget of $800,000 (including contingencies).

2. Asphalt Pump Track Design: Contractor shall deliver all necessary professional services, including engineering, and office engineering for the preparation of the design for the project. The Contractor’s design responsibilities shall include but not be limited to the following:

a. Perform due diligence research to support project completion, including existing drainage conditions, grading, traffic issues, coordination and necessary engineering site visits Identify existing utilities on contract drawing s and perform Potholing for existing utilities potentially affected by proposed improvements.

b. Prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Water Quality Management Plan (WQMP), if applicable, and incorporate all necessary temporary and permanent storm water quality control measures.

c. Design of the asphalt pump track must be in compliance with regulations and standards with the Union Cycliste Internionale (UCI). It is the City’s intent to have the ability to sanction future races with the proposed pump track.

d. Prepare 30% conceptual site drawings with three (3) options of an asphalt pump track design.

e. Prepare 60%, 90%, and 100% Plans, Specifications, and Estimates ( PS&E) submittals to the City. Contractor shall develop a comprehensive design of an asphalt pump track. Plans must include, and may not be limited to, features such as site amenities, grading, landscaping, irrigation , and any other elements needed to complete the 100% bid-ready PS&E package. Options and cost for different site amenities shall be developed for selection by City.

f. The plan set shall include a Title Sheet, Site Plan, Site Improvement Plan, and any other plans and/or details needed to complete the 100% set of Plans , Specifications and Estimate (PS&E).

g. Review and incorporate all applicable comments from the City of Buena Park and all other involved agencies.

h. Prepare contract drawings with sufficient details for construction in accordance with latest Caltrans, City Standards, SPPWC, CA MUTCD, and any other applicable regulations. Contractor shall identify all Complete Street and Sustainable Street Design features on contract drawings.

i. The City will provide environmental approval through the California Environmental Quality Act (CEQA).

Deliverables
• List of standard and non-standard design features
• 30% conceptual drawings
• 60% design drawings (Plan & Profiles) and estimate
• 90% design drawings (Plan & Profiles), specifications, and estimate • 100% contract drawings (Plan & Profiles), specifications, estimate, and all associated CAD files

3. Asphalt Pump Track Construction: The Contractor shall provide construction services for an asphalt pump track. Such services shall include, but not be limited to, the following tasks:

• Clearing and grubbing
• Demolition

• Grading/Landscaping/Irrigation
• Asphalt and concrete paving
• Drainage
• Fencing
• Site amenities
• And all other features associated with the asphalt pump track

The Contractor shall be responsible for providing all necessary work, labor, materials, import, export, tools, forms, hauling, transportation, and other items necessary to construct the project complete, in place, and ready for its intended use and purpose.

Deliverables

• Fully constructed “turnkey” asphalt pump track
• Warranties
• Maintenance Plan

PROJECT MANAGEMENT - SCHEDULE

PROJECT MANAGEMENT:

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

Contractor shall submit a 30 percent conceptual plans and estimate submittal and allow two (2) weeks for review from the City of Buena Park and other involved agencies. All comments shall be addressed prior to submitting the draft 60 percent plans, specs, and estima te (PS&E) submittal. Contractor shall submit a draft 60 percent plans and estimate submittal and allow two (2) weeks for review from the City of Buena Park and other involved agencies. All comments shall be address ed prior to submitting the draft 9 0 percent plans, specs, and estimate ( PS&E) submittal. Contractor shall allow an additional two (2) for review from the City of Buena Park and other involved agencies of the 9 0 percent submittal. Comments from the 9 0 percent submittal shall be incorporated in the final contract PS&E submittal.

During construction, Contractor shall submit a detailed project schedule, coordinate a pre- construction meeting, and coordinate site visits as necessary until the completion of the project.

PROJECT SCHEDULE:

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

• Award Professional Services Agreement November 2025 • 30 Percent Conceptual Plan Submittal December 2025 • 60 Percent PS&E Submittal January 2025
• 90 Percent PS&E Submittal February 2026
• 100 Percent (Final) Contract PS&E (Bid Set) February 2026 • Begin Construction March 2026
• Complete Construction May 2026

Construction (including all punch list items) shall be substantially complete by May 30, 2026, weather permitting. Contractors shall indicate any exceptions delivering the Project within the above-schedule in their response to this RFP.

INSTRUCTIONS

REGISTRATION:

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

PROPOSAL FORMAT:

Proposals must be:
• Typed on standard 8-1/2" x 11" paper. Minimum font size is to be 12. Drawings are not limited to the 8-1/2" x 11" size.
• Be as brief as possible and not include any unnecessary promotional material. • The Proposals are not to exceed fifteen (15) one-sided pages including all responses, reference work, and information about the firm and individuals assigned to the Project.

The following items are not included as part of the 15-page total requirement: title page, table of content, cost proposal, resumes, drawings and dividers.

Proposals shall be submitted to the RFP Administrator. Please note that part of the evaluation criteria takes a proposal’s 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. CONTRACTOR’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 Contractor’s representatives shall be California Licensed Professional Engineer s 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 sub-consultants or subcontractors, 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 p roposal shall include client references that may be contacted by the City.

E. SCHEDULE: Assurance of the Contractor's ability to complete all work, considering the firm's current and planned workload based on the aforementioned proposed schedule.

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

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

SUBMITTAL INFORMATION:

Proposals are due by 3:00 PM on October 23, 2025 to the RFP Administrator at the City of Buena Park. Postmarks will not be accepted.

RFP Administrator: Jason Tran, P.E., Associate Engineer City of Buena Park – Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
T: (714) 562-3680
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 “PEAK PARK ASPHALT PUMP TRACK PROJECT”.

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

QUESTIONS, ANSWERS, AND ADDENDA TO RFP:

Prior to the RFP submission deadline, questions may arise regarding the specifications, procedural, and/or administrative matters. Please contact Jason Tran, P.E., Associate Engineer at (714) 562-3680 and/or [email protected]. All Changes to the RFP itself shall only be made by the City via a written addendum. All addenda will be published via email and shall become part of the RFP document requiring response by the Contractor where indicated.

PROPOSAL EVALUATION CRITERIA:

A Contract award under this RFP will not be based solely on the lowest price; instead, any award will be made to a responsive and responsible Contractor whose proposal is determined, through a formal evaluation process, to be the overall best value to the City after the evaluation panel has taken into consideration the evaluation factors set forth below:

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

30%
Project Approach - The Contractor’s response in developing a comprehensive plan while meeting requirements and the City’s specific needs. Contractor’s ability to deploy the appropriate resources to promptly meet requested work. The Contractor’s ability to self-perform the desired work, or form a quality team of subconsultants.

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

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

10%
Project Budget – Submitted fee budget in a separated sealed envelope.

10%

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:

Proposals will be evaluated by a committee comprised of representatives from the various departments within the City. If a proposal is found to be incomplete or not in compliance with the format required, it will not be submitted to the committee for evalu ation. The City reserves the right to seek supplementary information from any proposer at any time after official proposal opening and before the award. Such information will be limited to clarification or amplification of information asked in the original proposal. Proposals will be evaluated by City staff in accordance with the above criteria. During the evaluation period, the City may (but is under no obligation to): generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business; or conduct negotiations with the most qualified candidate(s).

Issuance of the RFP and receipt of proposals does not commit the City to award an agreement.

The City reserves the right to postpone the RFP process for its own convenience, to accept or reject any or all proposals received in response to this RFP, to nego tiate with other than the selected company should negotiations with the selected company be terminated, or to cancel any section of this RFP.

DRAFT AGREEMENT:

A draft Design-Build Contract is attached for review. Please note that general provisions and insurance requirements are not subject to change. If your firm is sele cted following the RFP process, a final agreement will be prepared for approval and execution. At that time, you will need to provide current insurances certificates , which meet the requirements as listed in the agreement.

TERMS AND CONDITIONS

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

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

Public Record
Upon submission of a proposal and other materials for consideration by the City, such proposals and materials shall become the property of the City of Buena Park. Proposals may be subject to public inspection and disclosure pursuant to state and federal l aw after the award of a contract for this project. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorize d representative of the Contractor 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 9062 1) 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 professionalism and competence of the Contractor to be knowledgeable of the general areas identified in the scope of work and to include in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, staff -hours, labor, direct and indirect costs, etc. Contractor shall not take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications submitted with their proposals. Where such errors or omissions are discovered by the City , full instructions will be given by the City in the form of an addenda.

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

Right of Rejection
The City reserves the right to: (1) Accept or reject any and all proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request clarification of any information contained in a proposal; (3) Solicit new proposals on the same project, or on a modified project, which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non -conforming, non -responsive, or conditional proposals, (5) Reject the response of any Contractor who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) Negotiate service contract and terms with the successful Contractor .

Non-Compliance
Contractor and/or proposals that do not meet the stated requirements for this project may be considered noncompliant and may be disqualified, unless such noncompliance is waived by the City. During the evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions.

Exceptions to Proposal Requirements
Contractor may find instances where they must take exception with certain requirements or specifications of the RFP and/or Draft Agreement. All exceptions shall be clearly identified using the Statement of Compliance, and written explanations shall includ e the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.

Determination of Responsiveness
The City shall have sole authority in determining the responsiveness of any/all proposals.

For proposals containing exceptions to specifications and/or requirements, the City shall have sole authority in determining the extent to which exceptions affect the responsiveness of any proposals.

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

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

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

Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the prima ry point of contact for all matters pertaining to this RFP and project. Contractor shall not contact any City personnel or entities, other than the RFP Administrator, for matters regarding this project until conclusion of the entire procurement process, which shall be defined with an Agreement Award. Unauthorized contact may result in disqualification of proposals.

Indemnification and Release of Liability
Contractor , at its own expense and without exception, and to the maximum extent permitted by law, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and release in advance and hold harmless the City, its elected officials, officers, employees, and agents, with respect to any and all claims and liabilities of any nature or kind arising out of or incu rred in connection with Contractor’s participation in this RFP process including: (i) submittal of a proposal; (ii) selection of a different Contractor; and/or (iii) Contractor’s provision of services if Contractor is selected and enters an agreement with the City pursuant to this RFP.

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

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

Compliance with California Labor Code
The construction work required pursuant to this RFP constitutes “public works” as defined in Section 1720 of the California Labor Code. Therefore, the Contractor shall comply with all applicable requirements of the California Labor Code including Sections 1720 through 1861 which require payment of prevailing wages, registering with the Department of Industrial Relations prior to execution of an agreement with the C ity, and maintaining certified payroll records, all as more fully set forth in Section 15.12 of the Draft Agreement.

Community Workforce Agreement
The construction work for this Project is subject to the Community Workforce Agreement (CWA) between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. The CWA is a master labor agreement that establi shes employment and labor relations procedures, and applies to all Contractors and Subcontractors that are awarded or perform work on the project. The awarded Contractor and its Subcontractors of all tiers must agree to be bo und by the CWA.

A Letter of Assent (in the form attached to this request for Proposals, must be submitted with a Proposal in order for the Proposal to be considered. A copy of the CWA is attached to this request for Proposals. The City has retained a third-party CWA Administrator that will act on the City’s behalf and aid parties in administering the CWA.

Licenses
DBE must possess a valid Class A or C Contractor’s license issued by the California State Contractors License Board, at the time of the Proposal submission. The successful Contractor, and Subcontractors, must also possess a current City business license.

Retention
Pursuant to Public Contract Code section 7201, five percent (5%) of any progress payment for construction work will be withheld as retention; provided that the total retention proceeds will not exceed five percent (5%) of the Contract price. Pursuant to Public Contract Code sections 7201 and 7107, in the event of a dispute between the City and Contractor, the public entity may withhold from the final payment an amount not to exceed 150 percent of the disputed amount. In accordance with Public Contract Code section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor.

Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

Trade Names or Equals
Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten (10) working days before the Proposal submission deadline. Requests received after this time shall not be considered. Requests

shall clearly describe the product for which approval is requested, including all data necessary t0 demonstrate acceptability.

Payment and Performance Bonds
Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the price of the construction work to be performed. The Bonds shall be dated on or after the Effective Date of the Contract, and before the date a “notice to proceed” from the City is issued.

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

Taxes
All sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Contractor shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Proposal.

Liquidated Damanges
Liquidated damages shall accrue in the amount of $500 each day the Project remains incomplete beyond the completion deadline specified in the Contract.

Nondiscrimination
The City hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit Proposals in response to this notice and will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status religion in any consideration leading to the award of contract.

Sub-Contractor/Joint Ventures
The selected Contractor shall be the lead Contractor performing the primary functions of the Agreement. If any portion of the Agreement is to be performed by a sub-Contractor, 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 -Contractor(s) significantly affects the ability of t he Contractor to function as lead on the awarded agreement. The lead Contractor will, at all times, be responsible for the acts and errors or omissions of its sub -Contractors or joint par ticipants and persons directly or indirectly

employed by them. Acceptance or rejection of a Contractor’s request to use sub-Contractors is at the sole discretion of the City.

Expense of Responding
Each proposer is solely responsible for the expenses incurred in preparing and submitting their Proposal in response to this RFP.

Disclaimer of Assumptions
The City explicitly disclaims any responsibility for assumptions made by Proposers based on the presence or absence of information provided by the City in any form.

Addenda
The City may, at its sole discretion, amend this RFP by issuing written addenda. It is the sole responsibility of each Proposer to regularly monitor the project posting for any addenda related to this RFP.

ATTACHMENTS

Attachment A – Location Map

Attachment B – DBE Questionnaire

Attachment C – Designation of Subcontractors

Attachment D – Industrial Safety Record Form

Attachment E – Non-Collusion Declaration Form

Attachment F – Draft Design Build Contract

Attachment G – Community Workforce Agreement

Attachment H – Letter of Assent

Attachment A

Location Map

PEAK PARK ASPHALT PUMP TRACK
DRAWN BY:DATE:

E:\Projects\Parks\Active\Peak Park Pump Track\Exhibit\CAD\ModelFiles\Exhibit.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.N
ALOCATION MAPAH08/19/2025

KNOTT AVE

EL VIENTO WAY

EL REY DR

EL DORADO DR

EL COCO WAYEL TORO WAYEL PROVO CIR
PROJECT VICINITYAPPROXIMATELY 36,000 SF
LEGEND:PROJECT LOCATION

EL MONTE DR

Attachment B

DBE Questionnaire Form

DBE QUESTIONNAIRE FORM

Fill out all of the following information. Attach additional sheets if necessary. (1) Contractor’s Name:
(2) If the Contractor’s name is a fictitious name, who or what is the full name of the registered owner? If the Contractor’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.

(3) Business Address:
(4) Telephone: Facsimile:
(5) Type of Firm – Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the State of:
(7) California State Contractor’s License Number and Class:

Original Date Issued: Expiration Date:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the Project site for your firm:

(10) [If applicable] List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit (if any):
(11) Number of years’ experience the company has as a contractor in construction work:
(12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal:

(13) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Proposal:

(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Proposal:

(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Proposal has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:

b. Briefly summarize the parties’ claims and defenses:

c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

(16) Has the company or any principal having an interest in this Proposal ever had a contract terminated by the owner or agency? If yes, note when and explain.

(17) Has the company or any principal having an interest in this Proposal ever failed to complete a project? If yes, note when and explain.

(18) Within the last five (5) years, has any officer or partner of Contractor’s company ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation.
(19) Has the company or any principal having an interest in this Proposal ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, note when and explain.

(20) Has the company or any principal having an interest in the Proposal ever been in default, debarred or suspended in any way? If yes, note when and explain. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (21) For projects that the company or any principal having an interest in this Proposal has been involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes No
b. By the owner against you? Circle one: Yes No
c. By any outside agency or individual for labor compliance? Circle one: Yes No
d. By Subcontractors? Circle one: Yes No
e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No
If your answer is “yes” to any part or parts of this question, explain.

(22) List the last three (3) projects you have worked on or are currently working on for the City of Buena Park:

Upon request of the City, the Contractor shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Proposal being deemed non-responsive.

The Contractor certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct.

Notary Public

Subscribed and sworn to me:

Signature:

This ____ day of _____________, 20
Title:

Signature:

(SEAL)
Company

Signature:

Title:

Date:

Signature:

Title:

Date:

Attachment C

DESIGNATION OF SUBCONTRACTORS

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]

List all Subcontractors who will perform construction w ork or labor or render service to the Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent (0.5%) of the Contractor’s total Proposal for construction work , in the case of Proposals or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Contractor’s total Proposal or $10,000, whichever is greater. If no subcontractor is specified for a portion of the construction work, or multiple subcontractors are specified for the same portion of construction work, then Contractor shall be deemed to have agreed that it is fully qualified to perform that construction work, and that it shall perform that portion itself.

If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name, Address, and
Phone Number
Contractors
State License
Board (CSLB)
License
Number(s)
and Class(es)
Department of
Industrial
Relations (DIR)
Contractor
Registration
Number

Bid Item
Number(s)
Type of
Work
(e.g.,
Electrical)
Total
Amount of
Bid Item(s)
Percentage
of Total Bid
(e.g., 10%)*

TOTAL

*The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

Attachment D

INDUSTRIAL SAFETY RECORD FORM

INDUSTRIAL SAFETY RECORD FORM

Contractor’s Name ___________________________________________________________

Current
Year of
Record
2024 2023 2022 2021 2020 Total
Number of
contracts

Total dollar amount
of contracts (in
thousands of
dollars)

Number of fatalities
Number of lost
workday cases

Number of lost
workday cases
involving
permanent transfer
to another job or
termination of
employment

The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records.

Signature:

Title:

Date:

Signature:

Title:

Date:

Attachment E

NONCOLLUSION DECLARATION FORM

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH PROPOSAL [Public Contract Code Section 7106]
The undersigned declares:

I am the ______________________ of ____________________, the party making the foregoing Proposal.

The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham Bid. The Contractor has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham Proposal, or to refrain from bidding.

The Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Contractor. All statements contained in the Proposal are true. The Contractor has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Proposal depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Contractor that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Contractor.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________________________ [DATE], at ______________________________[CITY], ___________________ [STATE].

Signature:

Printed Name:

Title: _______________________
Date:

Signature:

Printed Name:

Title: _______________________
Date:

Attachment F

Draft Design Build Contract

1 CITY OF BUENA PARK

CONTRACT FOR DESIGN-BUILD SERVICES
Peak Park Pump Track Project

This Contract for Design-Build Services (“Contract”) is dated _____ (“Effective Date”), and is entered into between the City of Buena Park, a California municipal corporation (“City”) and ______________________ (“Contractor”).

1. DEFINITIONS

“Affiliate” means, with respect to any Person, any other Person (other than an individual) that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” means the direct or indirect ownership of fifty percent (50%) or more of the outstanding capital stock or other equity interests having ordinary voting power.

“Applicable Law” means, with respect to any Governmental Authority, any constitutional provision, law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, injunction, registration, license, permit, authorization, guideline, govern mental approval, act, code, ruling, proclamation, resolution, declaration, requirement or interpretive or advisory opinion or letter of such Governmental Authority, as construed from time to time by any Governmental Authority, in each case , applicable to the Work, the Site, the Project, the Parties or any other matter bearing on interpretation or performance of this Contract, as applicable. Applicable Law includes the latest addition of the City of Buena Park’s Special Provisions for Public Works Projects, on file with the City Engineer.

“Beneficial Use” means when major new equipment, materials, or Project components included in the Work are properly installed, inspected, operational, and are capable of being used for their intended purpose.

“Change Order” means a written instrument prepared by City and Contractor pursuant to Section 8 stating their agreement upon: (a) a change in the Work or Equipment; (b) the amount of the adjustment in the Contract Price, if any; and (c) an adjustment in the Project Schedule, if any.

“City Indemnitees” is defined in Section 11(a).

“Claim” has the meaning set forth in Section 7.6.

“Community Workforce Agreement” is defined in Section 2.3(i) and set forth in Attachment 6.

“Completion Date” means the date set forth in the Project Schedule by which Contractor is guaranteeing Substantial Completion of the Project will be achieved, except as may be adjusted by a Change Order.

“Consultant” means any Person performing or providing expert or professional advice in connection with the Work.

“Contract” means this Contract.

“Contract Documents” means this Contract and all final Drawings, Specifications, Change Orders, Warranties, surveys, plans, models, reports and designs, and addenda thereto (whether or not attached due to their size), Engineering Documents, and other documents referred to in the Contract, and authorized written modifications issued after execution of this Contract.

“Contract Price” means the amount set forth in Section 2.1(a), which is the total payable by City in consideration for Contractor’s purchase or delivery of the Equipment, performance of the Work, and delivery of the completed Project under this Contract, and inclusive of any Compensation that is due under Section 4 of the Agreement, except as may be adjusted by a Change Order.

2 “Contractor Event of Default” has the meaning set forth in Section 7.1.

“Drawings” mean graphic and pictorial portions of the Contract Documents prepared for the Project and approved changes thereto, wherever located and whenever issued, showing the design, location, and the Work, generally including plans, elevations, sections, details, schedules, and diagrams as drawn by Contractor, or Contractor’s Subcontractor or Consultants.

“Equipment” means all materials, supplies, apparatus, machinery, equipment, parts, tools, components, instruments, appliances, spare parts and appurtenances thereto that are required or included in the Work and comprise part of the Project.

“Equipment Documentation” shall mean copies or originals of (i) all operating specifications, warranties and other similar information obtained by Contractor from Equipment vendors or Subcontractors or prepared by Contractor or Subcontractors as part of the Work, (ii) a complete in ventory list of all Equipment comprising the Project, and (iii) all documentation and identification information with respect to all Equipment comprising part of the Project, including reference or serial numbers for all photovolt aic panels, inverters and other equipment included in the Work.

“Equipment Warranties” shall mean the product warranty from any Supplier for the Equipment incorporated into the Project.

“Engineering Documents” shall mean all documents including Drawings, diagrams, plans, Equipment Documentation, Equipment Warranties, Shop Drawings, addenda, reports calculations, performance models and other models, designs schedules, and other documents prepared or furnished by Contractor pursuant to this Contract in respect of the design, engineering and construction of the Project.

“Environmental Law” means all Applicable Laws related to health, safety, the protection of the environment or regulation or prohibition of the environmental pollution or contamination, including laws relating to land use, emission and pollution, discharges into or pollution of water, and Hazardous Materials.

“Equipment Deposits” shall have the meaning set forth in Section 4(a)(ii).

“Excusable Delay” means any reasonably unforeseeable act, event, occurrence, condition or cause beyond the control of Contractor, or against which Contractor could not have reasonably anticipated before the Effective Date or mitigated upon discovery, and so long as the act, event, occurrence, condition or cause was not attributable to errors or omissions of Contractor, or Contractor’s Subcontractors or Consultants. Subject to the foregoing, Excusable Events may include the following: (i) any wrongful act or wrongful failure to act of, or other unreasonable delay caused by City; (ii) the failure to obtain, or delay in obtaining, any Governmental Approval; (iii) changes in the design, scope or schedule of the Work required by any Governmental Authority, City, and any delays caused thereby; (iv) undisclosed or unforeseen conditions encountered at the Site; (v) changes in Applicable Laws having a material impact on the Project or this Contract, but excluding impacts to Contractor’s cost to perform; (vi) Force Majeure Events; (vii) work or requirement by utility affecting the Work; (viii) labor, equipment or material shortages or delays beyond existing known conditions and/or circumstances present as of the Effective Date of this Contract; (ix) abnormally severe weather conditions, which shall mean weather conditions resulting documented delays or stoppage of Work for more than 21 cumulative days during the Performance Schedule, or causes damage or destruction to the Project prior to Final Completion); (x) City’s delay in issuing, or failure to issue the Notice to Proceed.

“Final Completion Date” shall mean the actual date on which the Final Completion of the Project has been achieved, as set forth in the Notice of Completion issued by City.

“Force Majeure Event” shall mean, when used in connection with the performance of a Party’s obligations under this Contract, any act or event (to the extent not caused by the fault or negligence of such Party or its agents or employees) which is unforeseeable, or being foreseeable, reasonably unavoidable

3 (including by completing industry standard inspections or taking prudent commercially reasonable protective and preventative measures) and outside the reasonable control of the Party which invokes it, and which renders said Party unable to comply totally o r partially with its material obligations under this Contract including natural disasters, acts of God, drought, flood, earthquake, storm, fire, explosion, lightening, epidemic, pandemic, war, riot, civil disturbance, sabotage, terrorism or threat of terrorism, and strikes, lockouts or other labor disturbances or di sputes of a national or regional scope. Notwithstanding the foregoing to the contrary, Force Majeure Events shall not include any of the following:

(a) mechanical or equipment failures (except to the extent any failure is itself caused by a Force Majeure Event);

(b) any condition of the Site for which the affected Party is responsible under this Contract;

(c) strikes, walkouts, lockouts or other labor disturbances or disputes specific to the Project or such Party claiming a Force Majeure Event; or

(d) Economic hardship of either Party.

“Governmental Approval” shall mean each and every national, autonomic, regional and local license, approval, authorization, certification, registration, exemption, filing, recording, permit or other approval with or of any Governmental Authority, including each and every constru ction or operating permit and any agreement, consent or approval from or with any other Person that is required by any Applicable Law or that is otherwise necessary for the performance of the Work and completion of the Project.

“Governmental Authority” shall mean any national, autonomic, regional, provincial, town, city, local or municipal government, authority, body, agency, ministry, court, judicial or administrative body, taxing authority or other governmental organization having jurisdiction over the Work, the Site, the Project, the Parties or any other matter in question (as applicable).

“Hazardous Material” shall mean oil or petroleum and petroleum products, asbestos and any asbestos containing materials, radon, polychlorinated biphenyls (“PCBs”), urea formaldehyde insulation, lead paints and coatings, any chemicals, substances, materials, controlled substances, objects, conditions and waste or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Applicable Law.

“Industry Standards” means those standards of care and diligence generally practiced or accepted by reasonably prudent contractors of the energy services industry in engineering, designing, constructing, installing and operating energy efficiency and/or renewable energy genera tion projects of substantially similar scope, equipment, and geographic region to the Project and in accordance with good engineering and design practices, sound construction procedures, Governmental Approvals, the Contract Documents and other generally accepted standards established for such Work. Industry Standards are not intended to be limited to optimum practice, methods, equipment specifications or acts to the exclusion of all others, but rather to be a spectrum of reasonable and prudent practices and methods generally accepted within the energy services industry to accomplish the desired results and must take into consideration the conditions specific to any given facility, including to the extent such conditions would require a p erson to (a) perform its duties in good faith, (b) perform its duties in compliance with the Contract Documents, (c) use sufficient and properly trained and skilled personnel, and (d) use parts and supplies that meet the specifications set forth in the Contract Documents, in all cases with respect to (a) through (d) herein, taking into account all of the costs, expenses and benefits of operation of the Project.

“Instruments of Service” has the meaning set forth in Section 12(h)(iii).

“LD Rate” has the meaning set forth in Section 5.7(e).

“Legal Requirement” means the requirement of any Applicable Law.

4 “Lien Release Forms” is defined in Section 4.9 and are listed in Attachment 5.

“Liquidated Damages” has the meaning set forth in Section 5.7(e).

“Mobilization Payment” has the meaning set forth in Section 4(a)(ii).

“Notice to Proceed” means a written notice issued by City authorizing and directing Contractor to commence Work on the Project as described herein, the anticipated date of such issuance being set forth in the Project Schedule.

“Payment Application” has the meaning set forth in Section 4.4.

“Person” shall mean any individual, corporation, partnership, company, joint venture, association, trust, unincorporated organization or Governmental Authority or other entity recognized by Applicable Law.

“Progress Payment” means a payment made by City to Contractor in accordance with the provisions of Section 4.7.

“Progress Payment Milestone(s)” is defined and described in Section 4.7.

“Project” shall mean the engineering, design, procurement, installation, and construction of the project that is described in Attachment 1, and completion of the Work in accordance with the Contract Documents.

“Project Manual” shall mean the volume assembled for the Work which shall include, without limitation, to the extent within Contractor’s possession, Contract Documents, Governmental Approvals, Equipment Documentation, Equipment Warranties, results of start -up, operational or tests, Engineering Documents including as-built drawings, an operations & maintenance manual, and all other documents that are reasonably applicable to the Work, as required, with reasonably specific instructions and in reasonably sufficient scope and detail to permit City to safely operate, monitor and maintain the Project in the ordinary course of business.

“Project Schedule” shall mean the schedule for prosecution of the Work, including all development, engineering, permitting, mobilization, construction, equipment procurement, testing and commissioning of the Project, that is set forth in Attachment 3 of this Contract.

“Punchlist” or “Punchlist Work” shall mean the list of Work uncompleted upon the achievement of Substantial Completion of the Project, but the lack of which or the failure of which to complete (considered individually or in the aggregate) does not or will not, in the reasonable opinion o f City, impair the ability of City to safely own and maintain the Project in the ordinary course of business. The Punchlist must be agreed upon by City, which agreement will not be unreasonably withheld.

“Recovery Plan” means a plan prepared by Contractor, and submitted to the City, demonstrating to the City’s reasonable satisfaction, the measures that Contractor has taken or will take in order to (i) remedy a delay in completing a portion of the Work by the scheduled dates for such Work as provided in the Project Schedule including achievement of Substantial Completion by the Completion Date.

“Request for Information” means a written request prepared by the Contractor asking the City to provide additional information above and beyond that which is available in the Contract Documents and all reference standards, regarding fulfilling the obligations under the Contract, and the form of which is on file with City.

“RFI Priority Schedule” is defined in Section 8(e).

“Safety Plan” is defined in Section 2.2(a).

5 “Schedule of Values” has the meaning set forth in Section 4.7(a)(i) and is set forth in Attachment

2. “Shop Drawings” shall mean drawings, diagrams, schedules, and other data, which are prepared by Contractor, or by Contractor’s Subcontractors, Consultants, manufacturers, Suppliers, or distributors illustrating any portion of the Work. The Contractor shall obtain and submit with the Shop Drawings all seismic and other calculatio ns and all product data from Equipment manufacturers. Shop Drawings shall:
establish the actual detail of all manufactured or fabricated items, indicate proper relation to adjoining work, amplify design details of mechanical and electrical systems and equi pment in proper relation to physical spaces in the structure, and incorporate minor changes of design or construction to suit actual conditions.

“Site” means the location that is owned by City where Contractor is to perform the Work and complete construction of the Project.

“Specifications” mean that portion of the Contract Documents consisting of the written requirements for material, equipment, construction systems, instructions, quality assurance standards, workmanship, and performance of related services.

“Subcontract” means any contract, subcontract, purchase order, or other agreement whereby a Subcontractor undertakes either to: (a) perform or provide any portion of the Work; or (b) to provide all or a portion of the Equipment required by any Person performing or providing any portion of the Work.

“Subcontractor” means: (a) any Person, other than Contractor, performing or providing any portion of the Work, whether retained by Contractor, any Affiliate of Contractor, or any Person hired by Contractor or any of its Affiliates, and including every tier of Subcontract or, Sub-Subcontractors, and so forth; and (b) any Supplier.

“Substantial Completion” means, in the reasonable discretion of City, Beneficial Use of the Project with the exception of the Punchlist.

“Superintendent” has the meaning set forth in Section 2.3(b).

“Supplemental Instruction” or “SI” means a written instrument prepared by City and submitted to Contractor requesting a minor change to the Work that does not impact the Contract Price or Project Schedule that is mutually agreeable to both parties.

“Suppliers” means any Person providing or supplying all or a portion of the Equipment that is included in the Project, or is required by any Person to perform or provide any portion of the Work, whether or not incorporated into the Project, including any materialman, vendor or supplier.

“City Indemnities” has the meaning set forth in Section 2.3(m).

“Warranties” means, collectively, the warranties provided by Contractor to the City hereunder, as described in Section 2.17.

“Warranty Period” has the meaning set forth in Section 2.17(d).

“Work” means: (a) complete engineering and design of the Project including as-built drawings; (b) the procurement, installation, construction and erection, commissioning, and all other services, including all labor, materials’ storage, services, demolition, Site preparation, equipping, verification, training, manuals and other things and actions in connection therewith, necessary for Contractor to deliver a fully function and completed Project to the City.

2. SCOPE OF WORK.

2.1 Work.

6 (a) Subject to and in accordance with the terms and conditions of this Contract, and conditioned on City’s issuance of a Notice to Proceed , City hires Contractor to provide and Contractor agrees to provide all Work and Equipment necessary to delivery to City the Project described in th is Contract for the total fixed, guaranteed not-to-exceed price of $XXXXXXXX.00 (the “Contract Price”).

(b) Contractor agrees that the Work and its obligations under this Contract include, without limitation: (1) furnishing all engineering, system designs, supervision, labor, equipment and materials, tools, utilities, communications, implements, appliances , and transportation, to procure or to assist the City in procuring, as applicable, all Governmental Approvals; (2) erect, install, start-up, test and commission the Project; (5) perform all obligations set forth in this Contract; (6) perform all reasonably necessary and related activities for the successful completion of the Work and the delivery of the Proje ct in compliance with th is Contract; (7) perform all Work free and clear from any and all liens and claims (other than liens and claims created by the or through acts or omissions of City) from mechanics, material suppliers, Subcontractors, artisans, machinists, teamsters, freight carriers, and laborers for the Project; and (8) perform all Work in a good and workmanlike manner, all in compliance with the Contract, such that the Project satisfies each of the following: (i) meets or exceeds the Legal Requirements manufacturer’s Specifications or by methods otherwise approved by the manufacturer; (ii) meets or exceeds the Warranties for the Project; (iii) is safe and adequate for the purpose and conditions intended by the Work; ( iv) is free from defects in materials and workmanship; and (v) is comprised of Equipment which is new (unless otherwise mutually agreed) and of the specified quality and type when installed, designed and manufactured, and of a grade at least equal to generally accepted national standards for the design, manufacture and quality of such Equipment.

(c) The Work is further described in the final Specifications for the Project and includes the work and services described in Section 1.1(b)(1)-(3), below. Contractor is solely responsible for and has control over construction means, methods, techniques, sequences, procedures, and coordinating all portions of the Work under the Contract except as specifically instructed otherwise herein . The Work shall not exceed that set forth in this Contract except pursuant to a Change Order.

(d) Performance of Work. Contractor shall provide, perform or procure all Work necessary to complete the Project . To the extent that any portion of the Work is provided with the Contractor’s own forces, any reference to Subcontractors or Consultants shall be equally applicable to the Contractor. Work will be performed in such a manner so as not to harm the structural integrity of existing systems, and to the extent reasonably feasible, avoiding interrupting the day-to-day operations of City. Contractor shall repair and restore to its original condition damage to City buildings or property caused by Contractor's performance under this Contract. City reserves the right to review the Work performed by Contractor and to direct certain corrective action if, in the opinion of City, the structural integrity of buildings or operating systems is or will be harmed. All costs associated with such corrective action to damage caused by Contractor's performance of the Work shall be borne by Contractor. Contractor is responsible for all Work performed, whether self-performed by Contractor, completed by Subcontractors, or others on its behalf.

2.3 Contractor Personnel and Labor

(a) Competency. Contractor agrees to use, and agrees that it shall require each Subcontractor to use, only personnel who are qualified and properly trained and who possess every license, permit, registration, certificate or other approval required by Applicable Law or any Governmental Authority to perform the Work. Contractor and each Subcontractor shall: (i) furnish a competent and adequate staff as necessary for the proper administration, coordination, supervision, and superintendence of its portion of the Work; (ii) organize the procurement of all materials and equipment so that the materials and equipment will be available at the time they are needed for the Work; and (iii) keep an adequate force of skilled workers on the job to complete the Work in accordance with all requirements of the Contract Documents. City shall have the right, but not the obligation, to require the removal from the Project of any Superintendent, staff member, agent, or employee of any Contractor, Subcontractor, material or equipment s upplier, etc., for cause.

(b) Superintendent. Contractor shall provide a competent superintendent and assistants as necessary given the nature and scope of the Work, all of whom shall be in attendance at the Project Site(s)

7 during performance of the Work (the “Superintendent”). The Superintendent shall represent the Contractor, and communications given to the Superintendent shall be as binding as if given to the Contractor.

(c) Prevailing Wages . Contractor acknowledges the Project is a “public work” as defined in California Labor Code Section 1720 et seq., and that the Project is subject to: (i) Section 1720, including without limitation Labor Code Section 1771, and (i) the rules and regulations established by the Director of Industrial Relations implementing such statutes. Contractor shall perform all Work on the Project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in (i) and (ii) as though set forth in full herein. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City of Commerce C ity Hall (Department of Public Works) and will be made available to any interested party on request. By initiating any Work on the Project Contractor acknowledges receipt of a copy of the Department of Industrial Relations determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each Site. Contractor shall comply with and be bound by the provisions of 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. Contractor shall, as a penalty paid to the City, forfeit five hundred dollars ($ 500.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Department of Industrial Relations for the work or craft in which the worker is employed for any publi c work done pursuant to these Contract Documents by the Contractor or by any Subcontractor

(f) Compliance Monitoring and Posting Job Site . The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by Applicable Law.

(g) Employment List. Contractor and each Subcontractor shall keep or cause to be kept an accurate record for Work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Department of Industrial Relations.

(i) Community Workforce Agreement. Contractor acknowledges the Project is subject to and governed by that certain Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions that is set forth in Attachment 6 to this Contract (“Community Workforce Agreement”). Contractor and each Subcontractor must submit a Letter of Assent in the form attached to the Community Workforce Agreement agreeing to be bound to the terms and conditions thereof in completing the Work.

(j) Apprentices. Contractor shall comply with and be bound by the provisions of Article 12.2 of the Community Workforce Agreement , California Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations used in completing the Work . Contractor shall ensure that all apprentices performing Work under the direct supervision of a journey worker from the trade in which the apprentice is indentured. Before commencing Work, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding Work, Contractor and each of its Subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed.

(j) Debarment or Suspension. Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. Contractor and any Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If

8 Contractor or any Subcontractor becomes debarred or suspended during the duration of the Work, Contractor shall immediately notify City.

(k) Registration with the DIR. Pursuant to California Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of Contractor’s or Subcontractor’s current registration with the Department of Industrial Relations to perform the public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1

(l) Payroll Records. Contractor shall comply with and be bound by the provisions of California Labor Code Section 1776, which requires Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) submit certified payroll to City; (3) certify and make such payroll records available for inspection as provided by Section 1776, and (4) inform City of the location of the records. Contractor shall have ten (10) days in which to comply subsequent to receipt of a written notice requesting these records or as a penalty to City, Contractor shall forfeit one hundred dollars ($100) for each day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Section 5.2 of the Community Workforce Agreement also requires Contractor and all Subcontractors to pay fringe benefit contributions to the appropriate union trust fund on a monthly basis.

(m) Hours of Labor . Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty paid to City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by Contractor 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 (1) 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 Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

(n) Prevailing Wage Indemnity . To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of any failure to comply with the requirements of this Section by any person (including Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract, including without limitation the payment of attorneys’ fees, and other related costs and expenses. All duties of Contractor under Section 2.3 of this Contract shall survive its expiration or termination.

(o) Subcontractors. For every Subcontractor performing Work, Contractor shall be responsible for such Subcontractor’s compliance with California Labor Code Sections 1720, 1860, and 3700, and Contractor shall include in the written contract between it and each Subcontractor a copy of the provisions of this Section 2.3 and a requirement that each Subcontractor shall comply with these provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

9 2.4 Contractor Responsibility. Contractor shall be responsible for acts and omissions of Contractor’s employees, Subcontractors, material and Equipment suppliers, and their agents, employees, invitees, and other persons performing portions of the Work under contract with Contractor or any of its Subcontractors.

Contractor shall not be relieved of obligations to perform the Work in accordance with this Contract by tests, inspections, or approvals required or performed by persons other than Contractor. Contractor shall be responsible for inspection of Work already performed under th is Contract to determine that such portions are in proper condition to receive subsequent work.

2.5 Subcontractors and Other Contracts for Portions of the Work

(a) Contractor is prohibited from subcontracting this Contract or any part of it except to the Subcontractors set forth in the GMAX Bid, unless such subcontracting is first approved by the City in the manner required by law. An agreement made in violation of this section shall confer no rights on any party and shall be null and void.

(b) When required by this Contract or requested by City, the Contractor shall provide documentation that a proposed Subcontractor has been qualified and is experienced and able to perform that portion of the Work. The Contractor shall require all Subcontractors to comply with the provisions of this Contract. If requested, Contractor shall provide to City copies of all Contractors' agreements with its Subcontractors. City’s review or acceptance of subcontracts shall in no way relieve the Contractor of any of its responsibilities and obligations under this Contract. (c) Contractor shall, in the course of the work, engage only Subcontractors and employees who possess, and will maintain in good standing during the performance of the Work, valid and applicable licenses where the State of California or this Contract requires that the work to be performed by that Subcontractor or employee must be performed by a licensed person or entity. (d) Contractor expressly acknowledges that its Subcontractors are not third -party beneficiaries of this Contract

2.6 Supply and Procurement of Equipment

(a) Contractor, at its expense, shall purchase all Equipment, and transport and deliver all Equipment and shall inspect, unload, store, construct and install all Equipment required to complete the Project. Contractor shall maintain all Equipment Warranties, obtain required extended warranties when available, and, upon the expiration of the Warranty Period, cause any such remaining Equipment Warranties to be assigned and passed- through to City. Contractor shall at all times perform the Work in a manner consistent with all such Equipment Warranties and will not perform any actions that may violate such warranties.

(b) Contractor agrees that all materials and Equipment to be supplied or used by Contractor or any Subcontractor in the performance of its obligations under this Contract shall be new, unless otherwise specified or mutually agreed (if being incorporated into the Project) or in good operating condition (if not being incorporated into the Project). Such materials and Equipment shall at all times be maintained, inspected and operated by Contractor pursuant to Industry Standards and as required by Applicable La w until Beneficial Use. Contractor further agrees that all licenses, permits, registrations and certificates or other approvals required by Applicable Law or any Governmental Authority will be procured and maintained for such materials and Equipment at all times during the use of the same by Contractor or any Subcontractor in the performance of any of Contractor’s or such Subcontractor’s obligations under this Contract.

2.7 Utilities. Contractor shall supply temporary power (this shall not apply to any power required by City as a result of any temporary shutdown by Contractor required in connection with the performance of the Work), telecommunications, water, waste disposal, and other utilities and services to temporary construction trailers required for performance of the Work.

10 2.8 Reserved.

2.9 Reserved.

2.10 Testing and Inspection. Contractor shall at its own expense conduct start -up and operational tests, and such other tests described in the Work or Specifications, and shall be responsible for all testing and inspection fees for and coordination with any Governmental Authority for the approval of the Project.

Contractor will notify City no less than five (5) days prior to the commencement of testing and City will have the right to observe all such tests. Tests, inspections, and approvals of portions of the Work required by the Contract Documents will comply with all Legal Requirements. The following shall apply to the testing and inspection of the Project:

(a) Rejection of Work . City’s selected representative may, acting reasonably, recommend to the City that the City reject Work which does not conform to the Contract Documents.

(b) Testing Off-Site. If applicable, any material shipped by Contractor from the source of supply shall not be incorporated in the Project until having satisfactorily passed testing and inspection requirements pursuant to applicable Equipment Specifications, Applicable Law or the requirements of any Governmental Authority.

(c) Responsibility for Errors and Omissions. In the event that any portion of the Work performed by Contractor is determined to not comply with the Contract Documents, if after providing ten (10) days written notice to Contractor to cure or to commence and diligently pursue to cure completion of the requirements under the Contract Documents, City through no fault of its own, is required to provide or secure additional professional services (other than those professional services already within City’s scope) Contractor shall be invoiced by City for any reasonable actual costs incurred for any such additional services, which costs may, among other remedies, be withheld from the progress payments and/or retention until corrected; or deducted from the Contract Price if City incurs actual costs of correction.

(d) Additional Testing or Inspection, and Costs Related Thereto

(i) If City or Governmental Authority determines that any portion of the Work requires additional testing, inspection, or approval, Contractor will, upon City’s written authorization, arrange for such additional testing, inspection, or approval. City shall bear such costs except as set forth in paragraph (ii), below.

(ii) If the testing or inspection of Work on the Project reveals that Work does not comply with Contract Documents or Legal Requirements , Contractor shall bear all costs arising from such failure, including those of re -testing, re -inspection, approval, or re -approval, including, but not limited to, compensation for services and expenses of the testing laboratory and any other professionals or entities retained by City. Any such costs shall be paid for by City, and City shall then invoice to Contractor and Contractor shall make payment thereof within 30 days after Contractor receives the invoice; if Contractor fails to do so, City shall have the right to withhold the amount from any payment due or to be due to Contractor under this Contract.

(e) Costs for Premature Test . If Contractor requests any test or inspection for any portion of the Project and that portion is not ready for the inspection, City shall have the right to invoice Contractor for all costs and expenses relating to the testing or inspection, including, but not limited to, compensation for services and expenses of the testing laboratory, and any other professionals or entities retained by City.

Any such costs shall be paid for by City, and City shall then invoice to Contractor and Contractor shall make payment thereof within thirty (30) days after Contractor receives the invoice; if Contractor fails to do so, City shall have the right to withhold the amount from any payment due or to be due to Contractor under th is Contract.

(f) Covered Work. If a portion of the Work is covered or enclosed contrary to the request of any Governmental Authority, City’s request, or requirements specifically expressed in the Contract Documents, it must, if required by the Governmental Authority or City, be uncovered for the Governmental Authority ’s

11 or City’s observation and be replaced at Contractor’s expense without change in the Contract Price or Project Schedule.

(g) Tests and Inspections Not to Delay Work . Tests and inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work on the Project.

Contractor shall provide City a minimum of five (5) working days’ notice prior to commencement of tests and inspections.

(h) Independent Testing Laboratory. City will select and pay for an independent testing laboratory to conduct tests and inspections and, except as included in the scope of work or specifically provided otherwise in the Contract Documents, City shall pay for all associated costs. Selection of the materials required to be tested shall be made by the laboratory or City and not by Contractor.

2.11 Local and General Conditions

(a) Contractor has conducted a visual examination of the Site and acknowledges and agrees that it has satisfied itself as to the general and local conditions and circumstances affecting the Work that could be reasonably ascertained from a visual inspection to ensure that the Project can be built according to all Applicable Laws and Industry Standards in place as of the Effective Date of this Contract. Contractor acknowledges and agrees that all such matters have been accounted for in the Contract Price.

(b) When required by the Work or otherwise required to satisfy this Section 2.11, Contractor will furnish, at its expense, the services of geotechnical engineers or Consultants. Such services with reports and appropriate professional recommendations shall include, if applicable, test boring, test pits, soil bearing values, percolation tests, air and water pollution tests, and ground corrosion and resistivity tests, including necessary operations for determining subsoil, air, and water conditions. At City’s request, Contractor shall make available to City the results of any Site investigation, test borings, analyses, studies or other tests conducted by or in the possession of the Contractor or any of its agents. Nothing herein contained shall be deemed a waiver by Contractor to pursue any available legal right or remedy it may have at any time against any third party who may have prepared any report and/or test relied upon by Contractor.

(d) Unless specifically stated in writing by City, Contractor may not rely upon the accuracy of any utility services or site survey information related to private utilities that the City may provide.

(e) Certain pre-existing conditions may be present within the Site that: (i) are non-compliant with applicable codes, (ii) may become non -compliant with applicable codes upon completion of Contractor’s Work, (iii) may cause Contractor’s completed Work to be noncompliant with applicable codes, (iv) may prevent City from realizing the full benefits of Contractor’s Work, (v) may present a safety or equipment hazard, or (vi) are otherwise outside the scope of Contractor’s Work. Regardless of whether or not such conditions may have been readily identifiable prior to the commencement of Work, Contractor will not be responsible for repairing such pre-existing conditions unless such responsibility is expressly provided for in the Work or an approved Change Order. Contractor, in its sole discretion, may determine whether it will bring said pre-existing conditions into compliance by agreeing to execute a Change Order with City for additional compensation and, if appropriate, an extension of time.

2.12 Safety Precautions and Programs

(a) Contractor shall have responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of this Contract. Subcontractors shall have the responsibility for participating in, and enforcing, the safety and loss prevention programs established by the Contractor for the Project including a Contractor Safety Plan (“Safety Plan”), which shall cover all Work performed by Contractor and its Subcontractors. Subcontractors shall promptly report in writi ng and by phone to Contractor all accidents whatsoever arising out of, or in connection with, the performance of the Work, whether on or off the site of Work, which caused death, personal injury , or property damage, giving full details and statements of witnesses. Contractor will provide and maintain first -aid supplies for minor injuries.

12 (b) Prior to beginning the Work, Contractor shall provide City with a copy of the Safety Plan, as well as, if requested, an evaluation and appropriate documentation of the safety record of any first -tier Subcontractor that will be performing Work on the Project. The Safety Plan shall include the location of emergency utility shutoffs ( both manual and electronic shutoffs, if applicable). Contractor shall review the emergency shut off and evacuation plan with City prior to start of construction.

(c) Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: (A) employees on the Work and other persons who may be affected thereby; (B) the Work, material, and Equipment to be incorporated therein, whether in storage on or off the site of the Work, under the care, custody, or control of Contractor or Contractor’s Subcontractors; and (C) other property at any Site or adjacent thereto such as trees, shrubs, lawns, walks, pavem ent, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. Contractor shall give notices and comply with Legal Requirements, ordinances, rules, regulations, and lawful orders of Government al Authorities bearing on the safety of persons or property or their protection from damage, injury, or loss.

(d) Contractor shall erect and maintain, as required by existing conditions and performance of the contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, an d notifying City and users of adjacent sites and utilities as identified by City in the preconstruction meeting.

(e) Contractor shall have mandatory pre -job safety briefing for all employees and Subcontractor employees on their first day of on-site construction for their company. Hard hat stickers shall be issued as a proof of briefing attendance.

(f) Safety meetings will be held once a week during construction with all Contractor employees and Subcontractors employees attending. Printed names will be taken of those attending the meeting. No individual will start work on the Site without having attended a safety briefing on the dangers and protocols of the Site. Records of this training will be kept and provided to City upon request. No individual will operate a piece of equipment on which they have not had certification training. Certification shall be made readily available at the Project Site.

(g) When use or storage of explosives, other hazardous materials or equipment, or unusual methods are necessary for execution of the work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. Contractor shall notify City any time that explosives or hazardous materials are expected to be stored on Site. Location of storage shall be coordinated with the City and local fire authorities.

(h) Pursuant to California Labor Code section 6705, to the extent any portion of the Work involves the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall, in advance of excavation, submit to City or a registered civil or structural engineer employed by City a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Safety Plan, the plan shall be prepared by a registered civil or structural engineer, but in no case shall such plan be less effective than that required by the Safety Plan or Applicable Law. Pursuant to California Labor Code section 6705, nothing in this Article shall impose tort liability upon City or any of its employees.

2.13 Protection of Work and Property . During such times as Contractor or Subcontractors are performing any portion of the Work, they shall protect and secure such Work, materials and Equipment, City’s property, and the Site where the Work is being performed from damage or loss arising in connection with operations under the Contract Documents. Contractor and Subcontractors shall repair damage or loss to Equipment or City’s property caused by them. Contractor will provide reasonable protection to prevent damage, injury, or loss to employees of Contractor and Subcontractors performing Work under this Contract. Contractor will not be responsible for City’s employees’ safety unless Contractor’s negligence in

13 the performance of its Work is the proximate cause of the City employee’s injury. The following shall apply to the protection of Work and property:

(a) Contractor shall at all times comply with the requirements of Applicable Laws and the Safety Plan with respect to the use, occupancy and condition of the Site, including the location and maintenance of storage and laydown areas used by Contractor.

(b) Contractor will be responsible for all storage and receiving of all Equipment or other freight at the Site(s) or other approved location(s) in a secure manner. Contractor shall obtain City approval, for each Site, the location and size of any requested “lay down”, storage, and/or work area. Such approval not to be unreasonably withheld or delayed.

(c) If Equipment or other materials are requested to be stored on -site, prior to construction activities at the Site, Contractor shall obtain City approval, for each Site, the location and size of any requested storage area. Such approval not to be unreasonably withheld or delayed.

(d) Contractor shall be solely responsible to timely notify all public and private utilities serving the affected Site before commencing Work on the Site. Contractor shall notify and receive clearance from any cooperative agency, such as Underground Service Alert, in accordance with California Government Code section 4216, et seq. Contractor shall promptly provide a copy of all such notifications to City or its designated representative, upon request.

(e) Contractor and Subcontractors shall use only those ingress and egress routes designated by City, observe the boundaries of the Site designated by City, park only in those areas designated by City, which areas may be on or off the Site, and comply with any parking control program established by City such as furnishing license plate information and placing identifying stickers on vehicles.

(f) Contractor shall keep the Site and surrounding area free from accumulation of waste material or rubbish caused by operations under this Contract. The Site shall be maintained in a safe, reasonably neat (as may be expected during active construction or work), and orderly condition. If Contractor fails to reasonably clean up as provided in the Contract Documents, upon providing prior written notice to Contractor and if Contractor fails to respond within five (5) days, City may do so and the actual, direct and reasonable cost thereof shall be invoiced to Contractor and withheld from Progress Payments and/or retention. Upon completion of the Project, Contractor and Subcontractor shall dismantle temporary structures, if any, and remove from the Site all construction and installation equipment, fences, scaffolding, surplus materials, rubbish, and supplies belonging to Contractor or Subcontractor.

2.14 Emergencies. In an emergency affecting the safety of persons or property, Contractor shall take any action necessary, at Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on a ccount of an emergency shall be determined as provided in and requested in accordance with the relevant provisions of this Contract.

Contractor shall promptly report in writing to City all accidents arising out of or in connection with the Work, which caus ed death, personal injury, or property damage, giving full details, and statements of any witnesses. In addition, if death, serious personal injuries, or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to City.

2.15 Hazardous Materials. In the event the Contractor encounters or suspects the presence on or in any Site of Hazardous Materials, which have not been rendered harmless, Contractor shall immediately stop Work in the area affected and report the condition to City in writing, whether or not such material was generated by Contractor or City.

(b) Contractor will comply with all Applicable Laws with respect to the identification, and if applicable as part of the Work, removal and proper disposal of any Hazardous Materials known or discovered at or around the Site, and i n connection therewith will execute all generator manifests with respect thereto. Contractor and Subcontractors will comply with all Applicable Laws in connection with the use, handling, and disposal of any Hazardous Substances in the performance of its Work.

14 (c) To the extent City is aware of the presence of any Hazardous Materials at any Site, City shall be responsible for informing Contractor in writing of the location of such Hazardous Materials and shall bear responsibility for reasonable damages for personal injury or property damage caused by its failure to disclose the presence of such Hazardous Materials to Contractor. Notwithstanding the foregoing, City shall have no affirmative duty or obligation to investigate for Hazardous Materials on the Site.

(d) Any Hazardous Material disposal responsibility of Contractor is explicitly stated in this Contract or Contract Documents, and otherwise the cost thereof shall be borne by City.

(e) City will indemnify, defend, and hold Contractor harmless from and against any and all actions, claims, demands, damages, disabilities, fines, penalties, losses, costs, expenses (including consultants’ and attorneys’ fees and other defense expenses) and liabil ities of any nature that in any way result from, or arise under, such City owned or generated Hazardous Materials, except for liabilities to the extent arising from: (1) the negligence or willful misconduct of Contractor, or its Subcontractors, agents or representatives, in the handling, disturbance or release of preexisting Hazardous Materials; (2) Hazardous Materials transported onto the Site by Contractor, or its Subcontractors, agents or representatives; or (3) as otherwise set forth in this Contract. This indemnification will survive any termination of this Contract.

2.16 Project Manuals and Drawings

(a) Submittal. Contractor shall obtain and shall submit to City all required Engineering Documents as required in the Contract Documents with such promptness as to cause no delay in the Work.

City shall have the right, but not the obligation, to review all Engineering Documents and may direct Contractor to make such changes to the design and engineering of the Project as City reasonably believes are necessary and as are requested within a reasonable time after the Engineering Documents are submitted, so long as any such changes are within the scope of Work (or, if not, a Change Order has been executed with respect to such changes); provided however, that no such review or requested change shall impose any liability on City (other than to make payment in accordance with any applicable Change Order) or relieve Contractor of any of its responsibility for the design, engineering and performance of the Project as provided in this Contract. Any submission, which in City’s opinion is incomplete, contains numerous errors, or has b een checked only superficially by Contractor, will be returned unviewed by City for resubmission by Contractor. Contractor shall not commence any portion of the Work requiring an Engineering Document or sample submission until City has approved the submission.

(b) Sample. Where samples or mockups are requested by City, and Work is approved based on the samples or mockups, all Work shall be in accordance with the approved samples and mockups.

(c) Extent of Review . In reviewing Engineering Documents, City will not verify dimensions and field conditions. City will review and approve Engineering Documents, product data, and samples for aesthetics and for conformance with the design concept of the Work and the information given in the Contract Documents. City’s review shall not relieve the Contractor from responsibility for any deviations from the requirements of the Contract Documents unless City has given specific written approval.

Contractor and Subcontractors shall be solely responsible for determining any quantities, whether or not shown on the Engineering Documents. Contractor shall submit structural/civil plans and supporting calculations for solar panels system and other applicable improvements for City’s review and approval.

(d) Substitution Unless the Contract Documents state that no substitution is permitted, whenever in the Contract Documents any specific brand or trade name is specified such specification shall be deemed to be followed by the words “or equal.” City may consider an untimely substitution request if the product specified is no longer commercially available or in City’s best interest.

(e) Project Manual. A Project Manual shall be assembled by Contractor and provided to City as a requirement for achieving Final Completion.

15 (f) Documents and Samples at the Site . Contractor shall maintain at the Project for the City one record copy of the Drawings, Specifications, Change Orders, and other modifications, in good order and marked currently to record changes and selections made during construction. In addition, Contractor shall maintain at the Site approved Shop Drawings, Engineering Documents, samples, and similar required submittals.

2.17 Warranties

(a) Contractor Warranties . Contractor warrants that, throughout and until the end of the Warranty Period:

(i) The Project will be developed, designed, engineered, and constructed to satisfy all applicable Legal Requirements, the requirements of the Contract Documents, and all descriptions set forth herein, applicable construction codes and standards and all other requirements of this Contract, and to produce a fully functional Project that is capable of operating free of major defects, assuming customary operation and maintenance.

(ii) All Equipment installed as part of the Project shall conform in all respects to the requirements of the Contract Documents, Legal Requirements, the requirements of the City, and all other requirements of this Contract and shall be new and undamaged at the time it is put into service, and will be installed in accordance with the Equipment Documentation (including all requirements necessary to preserve and maintain in effect any and all Equipment Warranties) and all Equipment Warranties a re in effect.

(iii) The Work, including all workmanship and materials incorporated therein will be free from defects in design, engineering, materials, construction, and workmanship, and shall conform in all respects with all Legal Requirements, City, and the Contract Documents.

(b) Subcontractor and Supplier Warranties. Contractor shall, for the protection of City, use commercially reasonable efforts to obtain from all Suppliers and Subcontractors from which Contractor procures equipment or materials or services, warranties and guarantees with respect to such equipment, materials or services, which shall be made av ailable to City to the full extent of the terms thereof. At all times during performance of Work under the Contract Documents , Contractor shall perform the Work in a manner consistent with all such warranties and shall not perform any actions that may violate or void such warranties. Contractor shall assign all remaining Equipment Warranties to City upon expiration of the Warranty Period. Contractor shall deliver to City promptly following execution or receipt of the applicable agreement copies of all warranties and guarantees received from any Subcontractor or Suppliers, together with copies of such agreements (redacting confidential information as required thereunder).

(c) Independent Warranties . Contractor’s Warranties under this Section are separate and independent of one another. Contractor’s failure to meet any of the foregoing warranties shall be deemed a breach of the Warranties.

(d) Warranty Period. Contractor shall remedy any breach of the Warranties set forth in this Section occurring during the period commencing on the date of Beneficial Use of the Project and ending on the date that is that later of one (1) year after the Beneficial Use of the entire Project, or the date upon which any applicable manufacturer’s warranty for any item of Equipment put into Beneficial Use expires (the “Warranty Period”).

(e) Remedies.

(i) If any Warranty set forth in this section is breached or a defect or deficiency is discovered during the Warranty Period, Contractor shall, upon written notice from City of a Warranty claim prior to the expiration of the Warranty Period, at Contractor’s sole option, re-perform, repair, replace and/or correct the applicable Work and resulting damage to the Project caused by such defective Work on a reasonably expedited basis while making reasonable attempts to minimize any impact of the failure on the

16 availability and functionality of the Project. Contractor shall have reasonable access to the Site as necessary to perform its Warranty obligations hereunder. All costs of or incidental to Contractor’s performance of its Warranty obligations shall be borne by Contractor, including, where required, revising or re-engineering any deficient systems, the r emoval, replacement and reinstallation of all equipment necessary to gain access to defective Work, the repair of any and all damage to any part of the Project or the Site, and the cost of conducting all tests to confirm that all necessary corrective action has occurred. If the Project Warranties failure has the effect of voiding any Equipment Warranty, then Contractor will at its own expense correct the condition as required in order to ensure that the Equipment Warranty is reinstated by the manufacturer on such item, or that a replacement item with full Equipment Warranty is provided and installed.

(ii) Should Contractor fail to begin to perform such necessary repairs, replacement, or correction within ten (10) days’ notice of a Warranty claim or such shorter period as necessary in the event of an emergency (but not less than twenty-four (24) hours) and thereafter diligently pursue such correction, City shall have the right to perform such repair, replacement or correction, and Contractor shall be liable for all reasonable, direct costs, charges and expenses incurred by City in connection with such re pair or replacement and shall forthwith pay to City an amount equal to such costs, charges and expenses upon receipt of invoices certified by City. City’s action in correcting defects in accordance with this Section shall not void Contractor’s Warranty obligations hereunder, except in the case of City’s or its agent’s (other than Contractor or any Subcontractor) negligence or willful misconduct.

(f) Warranty Exclusions . Notwithstanding any provision herein to the contrary, the Warranty obligations of Contractor do not extend to (i) Work that is damaged by the negligence or willful misconduct of City, (ii) the failure of City to maintain and operate the Equipment materially in accordance with all manufacturer’s recommendations and any instructions, practices and procedures of which City has been advised in writing by Contractor (except if such failure is caused by Contractor or any Subcontractor), (iii) normal wear and tear, (iv) Force Majeure Events, (v) any alteration, repair or replacement made by a Person other than Contractor or any Subcontractor without the prior written approval of Contractor (excluding alterations, repairs or replacements made pursuant to this Contract), r; and (vi) corrosion, erosion, deterioration and abuse.

(g) Waivers. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION, CONTRACTOR

MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT,

WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. CITY WILL HAVE NO REMEDIES AGAINST EITHER CONTRACTOR OR ANY CONTRACTOR’S SUBCONTRACTORS OR SUPPLIERS FOR ANY

DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR

REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTY INDICATED ABOVE. SPECIFICALLY, NEITHER CONTRACTOR, NOR CONTRACTOR’S

SUBCONTRACTORS OR SUPPLIERS, WILL BE LIABLE TO CITY FOR LOSS OF PROFITS OR FOR

ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

2.18 City’s Right to Stop the Work . If, after being provided written notice as required under the Contract Documents, Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out Work in accordance with the Contract Documents or fails to follow safety requirements, the City, by written order signed personally or by an agent specifically so empowered by the City in writing, may order the Contractor to stop the Work or any portion thereof, until the cause for such order has been eliminated.

2.19 City’s Right to Carry Out The Work . If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails (within a sixty (60) day period after receipt of written notice or an alternative reasonable time period expressly stated in the written notice fro m the City) to commence and continue correction of such default or neglect with diligence and promptness, City may correct such deficiencies by whatever reasonable method City may deem expedient without prejudice t o

17 other remedies City may have, and may withhold the cost of such correction from any sums due Contractor under this Contract.

2.20 City’s Obligations.

(a) Registration, Permits and Approvals.

(i) Prior to issuing the Notice to Proceed to Contractor, City must register the Project with the Department of Industrial Relations, using Form PWC-100.

(ii) City will cooperate fully with and assist Contractor in obtaining all Governmental Approvals required under this Contract. Contractor is responsible for obtaining and paying for (but including the cost therefor in the Contract Price) any and all permits required by any Governmental Authority in connection with the Project; except those permits, inspections, certifications, permits or approvals that may be required for ongoing operation of the Project after the Completion Date shall be the responsibility of City except as set forth in the Maintenance and Verification Agreement.

(b) Coordination. The Parties will work together in good faith to coordinate the activities of Contractor and Contractor’s Subcontractors and Suppliers with those of City to allow Contractor to timely complete the Work.

(c) Access. City hereby grants to Contractor, without cost to Contractor, all rights of ingress and egress at the Site, necessary for Contractor to timely perform the Work contemplated by this Contract, including without limitation and at no extra cost to Contractor, access to perform Work on Saturdays, Sundays, legal holidays, and non-regular working hours when reasonably required to minimize interruptions to City’s normal activities at the Site. Contractor shall provide City access to the Work in prepara tion and progress wherever located.

(d) Consents; Cooperation . Whenever a Party’s consent, approval, satisfaction, or determination will be required or permitted under this Contract, and this Contract does not expressly state that the Party may act in its sole discretion, such consent, approval, satisfaction, or determination will not be unreasonably withheld, qualified, conditioned, or delayed, whether or not such a “reasonableness” standard is expressly stated in this Contract. Whenever a Party’s cooperation is required for the other Party to carry out its obligations hereunder, each Party agrees that it will act in good faith and reasonably in so cooperating with the other Party or its designated representatives or assignees or subcontractors. Each Party will furnish decisions, information, and approvals required by this Contract in a timely manner so as not to delay the other Party’s performance under this Contract.

(e) General Obligations of City.

(i) City will coordinate with Contractor to provide a temporary staging area for Contractor, or its subcontractors, to use during the construction phase to store and assemble equipment for completion of the Work, if needed. City will provide sufficient space at the Site for the performance of the Work and the storage, installation, and operation of any equipment and materials . City will not unreasonably restrict Contractor’s access to Site to make emergency repairs or corrections as Contractor may determine are needed.

(ii) City will maintain the portion of each Site that is not directly affected by Contractor’s Work. City will keep the designated Site and staging area for the Project free of obstructions, waste, and materials within the reasonable control of City.

(iii) City will obtain any required environmental clearance from, and any inspections, including special inspections, or permits required by, any federal, state, and local jurisdictions, including but not limited to any clearances required under CEQA, prior to scheduled construction start date.

18 (iv) Subsurface conditions and obstacles (buried pipe, utilities, etc.) that were not reasonably ascertainable by Contractor or are not otherwise previously and accurately documented by City and such documentation made available to and reasonably relied upon by Contractor are the responsibility of City.

(v) City will remove any Hazardous Materials either known to City prior to the commencement of the Work or encountered by Contractor during the construction of the Project, if necessary, in order for the Work to progress safely, unless otherwise specifically stated in the Work.

Contractor will respond to the discovery o f Hazardous Materials at or around the Site during the course of Contractor’s construction.

(vi) City will coordinate the Work to be performed by Contractor with its own operations and with any other construction project that is ongoing at or around the Site.

(f) Appropriation. City warrants and represents that City has obtained complete funding to compensate Contractor for the Work before issuing a Notice to Proceed to commence Work.

3. TERM AND TERMINATION. The term of this Contract shall commence upon the date of the City’s issuance to Contractor of a Notice to Proceed with the Work, and shall expire upon Contractor’s completion of the Work to the reasonable satisfaction of City, which shall be signified by City’s issuance of a Notice of Completion in the form prescribed by law . All of covenants, representations and warranties set forth in the Contract Documents, including indemnification obligations, that are intended to bind the Parties after the completion of the Project or termination of the Contract Documents , will survive such completion or termination for the periods provided for in the Contract Documents or otherwise allowed by law. City or Contractor may terminate the Contract only as provided in the Contract Documents.

4. PRICE AND PAYMENT.

4.1 Contract Price. This Agreement is a Guaranteed Maximum Price Contract (or GMP as Not -To- Exceed Price, NTE, or NTX), and Contractor shall be responsible for any and all cost overruns unless the GMP established by this Agreement is increased via a formal change order; and o nly as a result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.

(a) Compensation. The GMP of this Agreement, and the maximum total compensation that shall be due and payable by the City to Contractor for complete performance of the Work and completion of the Project, shall not exceed ________________________________ ($_________) ("Compensation"), which comprises Contractor's GMAX Bid.

(b) Accuracy of GMAX Bid. Contractor represents that its GMAX Bid and estimated costs to complete the Project reflect the best professional estimate of actual costs anticipated. The Compensation is the maximum price that the City and the Contractor agree upon as payment for providing all the Work and completing the Project in accordance with the Contract Documents, and is the complete and total sum that shall be payable by City for any and all costs, direct or indirect, of Contractor for provision of the Work and construction of t he Project, including but not limited to general and supplementary conditions, performance and payment bonds, design and engineering, cost of Equipment or materials, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising therefrom. In the event that Direct Cost is more than Contractor's GMAX Bid, Contractor shall be responsible for any and all cost overruns unless the GMP established by this Agreement is increased via a formal change order; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions. In either event the dollar amount paid by the City for the Contractor Fee shall remain unchanged. Should Contractor believe that it is entitled to additional compensation or time, it must request such compensation pursuant to the provisions governing Change Orders (Section 8) and/or provisions governing Claims (Section 7.6).

4.2 Retention. City shall retain an amount equal to 5% of each Progress Payment made for the Project.

19 4.3 Payment Schedule. The Progress Payment Milestones defined in this Section shall be used as the basis for preparation of progress invoices. Subject to Section 4.9 and except as provided in the Agreement, City shall pay to Contractor the applicable Progress Payment set forth in the Progress Payment Milestones when:

(a) Contractor has completed the Work associated with such payment in accordance with the Progress Payment Milestones;

(b) Following submittal of the supporting documentation required for the respective Progress Payment Milestones to the satisfaction of the City;

(c) Following submittal of Payment Application; and

(d) Subject to Retention as provided in Section 4.2.

4.4 Application for Payment. Contractor shall submit to City an invoice (a “Payment Application”) in the standard form on file with City. Each monthly progress report shall be certified by Contractor as being true and correct as of the date of such Payment Application. Contractor warrants that title to all Work covered by a Payment Application will pass to the City no later than the time of payment.

4.5 Review of Progress Payment. City will, within seven (7) days after receipt of Contractor’s Payment Application, either approve such payment or notify Contractor in writing of City’s reasons for withholding approval in whole or in part. The review of Contractor’s Payment Application by City is based on City’s observations at the Site and the data comprising the Payment Application whether the Work has progressed to the point indicated and whether, to the best of City’s knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents. City will pay Contractor the amount City approves pursuant to Section 4.7 within 30 days after the Payment Application was properly submitted.

4.6 Decisions to Withhold Payment. City may withhold payment, in whole, or in part, to such extent as may be reasonably necessary to protect the City from loss because of any acts or omissions by Contractor, including any rights to withhold mentioned in the Contract Documents.

4.7 Progress Payment Milestones. Progress Payments shall be made in accordance with California Public Contract Code section 20104.50. City shall pay the Contract Price to Contractor on percent completion basis in accordance with the Schedule of Values in Attachment 2, and after Contractor has complied with the requirements of this Section 4.7 and the Contract Documents (each, a “ Progress Payment Milestone”):

(a) General Provision for Progress Payment Milestones.

(i) Progress Payments: As the Work progresses, Contractor will submit to City its Payment Applications based on the progress made on the Project through the date on which Contractor submits such application for payment. Only one Payment Application shall be submitted per calendar month. Each line item contained in the Schedule of Values will be assigned a value such that the total of all items equals the Contract Price, and Payment Applications will be in accordance with the Schedule of Values.

(ii) Mobilization and Equipment Deposits: Notwithstanding paragraph (i) above, upon request a “Mobilization Payment” equal to five (5) percent of the Contract Price, and an “Equipment Deposits” equal to five (5) percent of the Contract Price, shall be paid by City to Contractor upon City’s issuance of a Notice to Proceed. Such amounts shall be deducted from the ensuing Progress Payment made by City to Contractor such that all future Progress Payments shall correspond with Progress Completion Milestones.

(iii) Final Payment: Five (5) percent of the Contract Price upon filing of the project Notice of Completion, less any amounts properly withheld by City in accordance with the Contract Documents, until

20 such time, if any, that such amount or amounts may be or are required to be released in accordance with the Contract Documents.

4.8 Payments and Information to Subcontractors . No later than seven (7) days after Contractor receives payment from City, pursuant to California Business and Professions Code section 7108.5, Contractor shall pay to each Subcontractor, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled under the parties ’ Subcontract and payment terms, reflecting percentages actually retained from payments to Contractor on account of such Subcontractor's portion of the Work. Contractor shall, by appropriate Subcontract with each Subcontractor, require each Subcontractor to make payments to sub -subcontractors in a similar manner.

City has no obligation to pay, or to see to the payment of, money to a Subcontractor except as may otherwise be required by Applicable Law.

4.9 Waivers and Releases. Within thirty (30) days after receipt of each progress payment and the Final Payment, Contractor shall provide (and shall cause its first-tier Suppliers and Subcontractors to provide) to City a conditional lien waiver and release (related to the Progress Payment as applicable) in a form substantially similar to the forms attached hereto as Attachment 5 (“Lien Release Forms”).

4.10 Progress Payment Terms . The obligation of the City to pay Progress Payments hereunder shall constitute a current expense of City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by City, nor shall anything contained herein constitute a pledge of the general tax revenues, funds, or moneys of City.

4.11 Completion of Work. Upon receipt of the Contractor’s signed Final Completion Certificate, City will make an inspection to determine whether the Work, or designated portion thereof, is complete. If City’s inspection discloses any item which is not completed in accordance with the requirements of the Contract Documents, Contractor shall, before City’s issuance of the Notice of Completion and Final Payment, diligently complete or correct such item.

4.12 Partial Occupancy or Use. To the extent reasonably practicable based on the particular portion of the scope of Work, City may occupy or use any completed or partially completed portion of the Work at any stage without accepting that Work and without waiving rights to claim damages as to that Work (to the extent expressly permitted herein). City and Contractor shall agree in writing to the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

4.13 Acceptance, Final Completion Certificate and Final Payment . If City’s representatives find the Work fully performed under the Contract Documents, they shall so notify Contractor, who shall then submit to City its final Application for Payment. After City’s representatives find the Work fully performed, City’s governing body should accept the Work as fully complete. After completion, City may record a Final Completion Certificate with the County Recorder in accordance with California Civil Code section 3093.

Contractor shall, upon receipt of Final Payment from City, pay the amounts due Subcontractors. City shall pay the retainage pursuant to California Public Contract Code section 7107. Any application for Final Payment shall be accompanied by the same details required for regular progress payments. Acceptance of the Final Payment shall constitute a waiver of Claims except for those previously identified in writing and identified by that payee as unsettled at the time of final payment.

4.14 Taxes. Contractor will pay all applicable Federal, State, and local taxes on all materials, labor, or services furnished by it, and all taxes arising out of its operations under the Contract Documents.

4.15 Limitations on Compensation. The “Contract Price” includes the total, not to exceed guaranteed maximum compensation that will be paid to Contractor in connection with the Work and Project called for by this Contract, including: (a) all costs for all labor, materials, work or equipment needed to deliver a “turnkey” Project in compliance with the Contract Documents; and (b) any and all construction management

21 fees, overhead, administrative charges, profit, or compensation of any other kind or nature to be paid Contractor in consideration for the Work.

5. COMMENCEMENT AND SCHEDULE

5.1 Project Schedule. Time is of the essence in this Contract (subject to any notice requirements and cure periods set forth herein), and, subject to the terms of the Contract Documents, the date for Substantial Completion of the Project shall be the Completion Date set forth in the Project Schedule in Attachment 3, and Contractor shall develop, design, install and commission the Project and perform all Work hereunder in accordance with the Project Schedule.

5.2 Project Phases and Notice to Proceed. The Effective Date shall not be postponed by the failure to act of Contractor or of persons or entities for which Contractor is responsible. The Work on the Project shall be performed in accordance with the following phased approach:

(a) Design Phase . Contractor shall prepare and deliver all Engineering Documents to City for review and approval, which approval shall not be unreasonably withheld. City shall diligently review and respond to each submission by Contractor within twenty (20) days. Contractor shall incorporate City’s comments and requested changes unless Contractor can demonstrate that such requested changes would materially impact the Contract Price, the Project Schedule, or any other material requirement of the Contract Documents in which case Contractor shall submit a Change Order. Upon resolution of the provision hereinabove set forth, Contractor shall complete and submit revised Engineering Documents as early as is practical but in all cases within 20 days.

(b) Governmental Approval Phase. Upon City’s written approval of Engineering Documents, Contractor shall seek all such approvals of all required Engineering Documents and the Project as may be required by any Governmental Authority. Contractor shall exercise all reasonable diligence to ensure that all necessary Governmental Approvals are received by the date specified in the Project Schedule. City shall not unreasonably withhold its consent to any modifications to the Engineering Documents that may be requested by any Governmental Authority or quasi-governmental agency with jurisdiction over the Project or the Work, excepting any changes that materially affect the Contract Price or that materially affect the Project. The Engineering Documents with all changes as necessitated by any Governmental Authority and as approved by City shall constitute the 100% Engineering Documents and serve as the basis for construction. The receipt and approval of the one hundred percent (100%) Engineering Documents and copies of all Governmental Approvals by the City shall constitute the completion of the Governmental Approval Phase.

(c) Construction Phase. Following completion of the Governmental Approval Phase , Contractor shall facilitate, or cooperate with City in its efforts to facilitate, a kick -off meeting with City, Contractor, Subcontractors, and any other third-parties deemed necessary by the Parties . Following the kick -off meeting, Contractor shall commence the construction of the Project in accordance with the one hundred percent (100%) Engineering Documents and all other Contract Documents.

(d) Substantial Completion. When Contractor believes it has achieved Substantial Completion, Contractor shall notify City of the same and the City shall expeditiously work to inspect and confirm. Within ten (10) business days after Contractor’s submission or City’s independent confirmation of all items required for Substantial Completion, whichever last occurs, City shall either (i) acknowledge and agree in a writing delivered to Contractor that the Project has been satisfactorily completed, or (ii) advise Contractor by written notice that Substantial Completion has not been achieved and identify any missing items or defects or deficiencies in the Work for which Contractor is responsible or any other reason why the requirements of Substantial Completion have not been met. Substantial Completion shall be achieved when, and completion of the Construction Phase requires that:

(1) The Project has been built in conformance with the terms and conditions of the Contract Documents;

22 (2) The Project complies with all applicable Legal Requirements and has passed all required inspections by any applicable Governmental Authority and all applicable Governmental Approvals have been received and copies thereof have been delivered to City;

(3) Contractor shall have delivered a true, correct, and complete certification of Substantial Completion signed by Contractor.

(f) Final Completion. When Contractor believes it has achieved Final Completion, Contractor shall deliver to City the written Final Completion Certificate which certificate shall certify the Final Completion Date and the Contractors achievement of Final Completion. Within ten (10) business days after Contractor’s submission or City’s independent receipt of all items required for Final Completion, City shall deliver such certificate to Contractor, acknowledged and agreed by City, and confirming the Final Completion Date (the “Final Completion Certificate”). The Project may only be accepted as complete by action of the City. Final Completion requires that:

(1) Contractor has received all local, state and federal Governmental Approvals and other approvals as may be required by Applicable Law for the operation and maintenance of the Project, including approvals, if any, required under the CEQA for the Project;

(2) City has received from Contractor all Equipment and Project manuals including two (2) sets of full size as-built drawings approved and stamped by the engineer of record (as built drawings shall also be provided to City in PDF and native file format);

(3) All Contractor’s materials and wastes have been removed from the Site and properly disposed;

(4) All Punchlist Work with respect to the Project and the Site has been completed to the City’s reasonable satisfaction;

(5) A final walkthrough of the Project and Site has been conducted with Contractor and City to determine completion of the terms of the Contract; and

(6) Contractor shall have delivered a true, correct, and complete Final Completion Certificate signed by Contractor.

5.3 Hours of Work

(a) Sufficient Forces. Contractors and Subcontractors shall furnish sufficient forces to ensure the prosecution of the Work in accordance with the Project Schedule.

(b) Performance During Work Hours. Work shall be performed during regular working hours except that in the event of an emergency or when required to complete the Work in accordance with job progress, Work may be performed outside of regular working hours with the advance written consent of the City.

Subject to City’s advance written approval, Work may also be performed outside of regular working hours to minimize disruption to City operations.

5.4 Progress and Completion. Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract, Contractor confirms that the Project Schedule is a reasonable period for performing the Work. Contractor shall not knowingly, except by agreement or instruction of City, in writing, commence operations on the Site or elsewhere prior to the effective date of insurance required by this Contract to be furnished by Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Contractor shall proceed expeditiously with adequate forces and shall achieve Completion within the Project Schedule, subject to any extension rights set forth in this Contract. Upon request, Contractor shall submit its daily logs for the monthly period with the updated schedule. Float is not for the exclusive use or benefit of either Party but it is a jointly owned expiring Project resource available to both Parties as needed to meet the Project Schedule.

23 5.5 Progress Meetings. Unless otherwise stated in the Contract Documents and subject to change by City, the Parties shall meet at least biweekly during performance of Work to, among other things, review Work performed to date and to be performed. Contractor shall organize the meeting, prepare, and distribute meeting minutes. Meeting minutes shall be taken in satisfactory written form and include a three (3) week look-ahead schedule, Request for Information log, and Change Order log, as applicable. Meeting minutes shall be updated during the meeting and distributed within three (3) Business Days of the meeting and City shall have 5 business days after City’s receipt of such minutes to object to them in writing and provide corrections in writing. A quorum of meeting attendees will be named at the first meeting. The named quorum shall be in attendance in all Project meetings.

5.6 Conformity with Project Schedule. Contractor shall prosecute the Work, and shall cause each Subcontractor to prosecute the Work, so that the portion of the Work completed at any point in time shall be not less than as is required by the Project Schedule (subject to any extension rights set forth in this Contract). If the rate of progress is such that the total amount of Work and/or the degree of completion of the Work accomplished by Contractor within any time period required by the Project Schedule and/or the Contract Documents is less than the amount therein sp ecified to be completed within such time, and it reasonably appears that Contractor will be unable to complete the Work by the Completion Date, Contractor shall so notify City within ten (10) Days of Contractor’s knowledge of the delay, or City may notify Contractor of the same. Contractor shall, within ten (10) Business Days of Contractor’s knowledge of such delay or receipt of any such notice from City, submit a Recovery Plan to City allowing for completion of the Work on the Project by the Completion Date. If City directs Contractor in writing to implement the Recovery Plan, then Contractor shall do so within ten (10) Business Days or such request. If City, acting reasonably, does not agree that Contractor has demonstrated in the proposed Recovery Plan its ability to recapture lost time, meet interim milestones and complete the relevant portion of the Work by the applicable scheduled date or deadline, and the reasons therefor are not an Excusable Delay as outlined in this Contract, City may, without prejudice to any other right or remedies it may have, take one or more of the following actions: (a) require Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Project Schedule, including, without limitation, requiring Contracto r to increase its work force, work overtime, and/or extra shifts (at Contractor’s sole cost and expense); and/or (b) withhold Progress Payments or portions thereof until such time as the Work is in conformity with the Project Schedule. If the cause for Contractor’s inability to meet the Completion Date are as a result of an Excusable Delay , then the terms of Section 5.7 shall dictate.

5.7 Extensions of Time – Liquidated Damages

(a) Excusable Delay. Contractor shall be entitled to a Change Order because of any delays in completion of the Work due to Excusable Events. Contractor has the burden of providing reasonable evidence that any delay was directly caused by an Excusable Event.

(b) Notice by Contractor Required. Contractor shall within 10 days of knowledge of any delay due to an Excusable Event notify City in writing thereof. The Parties will then meet and confer in good faith to determine the reasonableness of Contractor’s claimed delay due to an Excusable Event, the facts and extent thereof, and whether any extension of time for completing the Work is reasonably appropriate.

Extensions of time shall apply only to that portion of the Work affected by the delay and shall not apply to other portions of the Work not so affected. Except as otherwise set forth in this Contract, the sole remedy of Contractor for delays resulting or arising from an Excusable Event shall be an extension of the Project Schedule at no cost to City, and no increase to the Cont ract Price or compensation paid Contractor shall result.

(c) Conditions for Extension of Time. If Contractor is delayed at any time in progress of the Work by an Excusable Event, or by changes in the Work justifying a Change Order, then the Project Schedule shall be extended by Change Order for such reasonable time as required under the circumstances. Claims relating to time extensions shall be made in accordance with Section 7.6 of this Contract.

24 (d) Early Completion. If Contractor submits a revised schedule showing an earlier completion date for the Project, City’s acceptance of this revised schedule shall not entitle Contractor to any additional compensation or Claim due to any such revised schedule (nor shall it subject Contractor to Liquidated Damages based on such earlier completion date). Regardless of the ca use therefore, the Contractor may not maintain any Claim or cause of action against City for damages incurred as a result of its failure or inability to complete the Work or the Project in a shorter period than established in the Contract Documents.

(e) Liquidated Damages. Subject to the limitation of liability specified below, if Contractor fails to cause Substantial Completion to occur on or prior to the Completion Date, as may be extended in accordance with the terms of this Contract, Contractor shall pay City as its sole and exclusive remedy therefor, as liquidated damages and not as a penalty, in an amount equal to the liquidated damages specified in this subsection (e) (the “Liquidated Damages”). The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of delay include, but are not limited to, loss of the use of the Project and each individual Site, and the energy savings afforded by the Project and each individual Site, disruption of activities, costs of administration, supervision and the loss suffered by the public. Accordingly, the Parties agree that an amount not to exceed $XXXX for each day by which the Work, or portion thereof, is delayed beyond the Completion Date shall be the amount of damages which the City shall directly incur upon failure of the Contractor to cause Substantial Completion of the entire Project to occur on or prior to the Completion Date (the “LD Rate”). If Contractor becomes liable under this Section, City, in addition to all other remedies provided by law, shall have the right to withhold any and all retained percentages of payments, and to collect the interest thereon, which would otherwise be or become due the Contractor until the liability of the Contractor under this Section has been finally determined. If th e retained percentage is not sufficient to discharge all liabilities of Contractor incurred unde r this Section, Contractor and its sureties shall continue to remain liable to City for such liabilities until all such liabilities are satisfied in full. If City accepts any Work or makes any Progress Payment under this Contract after a default by reason of delays, the payment or payments shall not constitute a waiver or modification of any Contract provisions regarding time of completion and Liquidated Damages.

5.9 Delays Due to Project Site Activities . City shall not be liable for any damages or compensation to Contractor resulting from, arising out of, or related to any delays caused by scheduled activities at the Site where Contractor was notified in writing of such scheduled activities prior to signing this Contract, including City’s construction projects and other events which would require access to Site. Where City did not inform Contractor in writing of such scheduled activities, or required activities ar ise during the Project that were not scheduled prior to Contract signing and that impact the Project Schedule, Contractor shall be entitled to reasonable additional time for the Project Schedule and an adjustment to Contract Price in accordance with a Change Order. If any part of Contractor’s Work depends on proper execution or results upon work of any other contractor (“Other Contractor Work ”), the Contractor shall inspect and promptly report to City in writing any defects in such work that render it unsuitable for such proper execution and results.

(a) Contractor will be held liable for damages to City for that Other Contractor Work (as defined above and as used in this section only) which it failed to inspect or should have inspected. Contractor’s failure to inspect and report shall constitute its acceptance of Other Contractor Work as fit and proper for reception of its work, except as to defects which may develop in other contractors’ work after execution of Contractor’s work. To ensure proper execution of its subsequent work, Contractor shall mea sure and inspect Other Contractor Work already in place and shall at once report to the City in writing any discrepancy between completed Other Contractor Work and Contract Documents.

(b) It is the obligation of Contractor to ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project, if any.

25 (c) Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, City shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

(d) If the Project is split into phases and/or separate contracts, then Contractor has made allowances for any delays or damages which may arise from coordination with contractors for other phases or contracts. If any delays should arise from a contractor working on a different phase or contract, Contractor’s sole remedy for damages, including delay damages, shall be against the contractor who caused such damage and not the City. Contractor shall provide access to contractors for other phases or contracts as necessary to prevent delays and damages to contractors working on other phases or contracts.

6. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant (to the extent set forth below) that:

(a) Contractor represents that it is duly organized, validly existing and in good standing as a contractor and licensed contractor under the laws of the State of California;

(b) Each Party represents that it has full power, authority and legal right to enter into and perform its obligations under this Contract, and the execution, delivery and performance of this Contract have been duly authorized by all necessary corporate actions on the part of Contractor, and all governmental actions on the part of City, and do not require any further approvals or consents;

(c) Each Party represents that the execution, delivery, and performance of this Contract does not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which it is a party by which it or its property is bound;

(d) Each Party represents that there is no pending or, to its knowledge, threatened action, or proceeding before any court or administrative agency that will materially adversely affect its ability to perform its obligations under this Contract.

(e) Should a change in law occur subsequent to the date of execution of the Contract that increases Contractor’s costs, the parties shall, to the extent allowed by law, negotiate an equitable resolution. A change in law for this purposes shall not include and specifically excludes a change in any applicable tariffs or as the enactment of a new tariff or modification of an existing tariff.

7. BREACH AND TERMINATION

7.1 Termination by the City for Cause.

(a) Contractor agrees that City shall be entitled to terminate this Contract upon the occurrence of any of the following circumstances, each of which shall constitute an event of default hereunder (each, a “Contractor Event of Default”):

(i) Contractor refuses or fails to supply personnel or materials in accordance with this Contract;

(ii) Contractor fails to make payment to Subcontractors for materials or labor in accordance with California Public Contract Code section 10262 or California Business and Professions Code section 7108.5, as applicable;

(iii) Contractor disregards Applicable laws, ordinances, rules, regulations, or orders of a Governmental Authority; or

26 (iv) Contractor otherwise is in substantial and material breach of a provision of the Contract Documents.

(b) City’s authority to terminate this Contract for cause shall be contingent upon providing written notice to Contractor of the Contractor Event of Default. Where the Contractor Event of Default can be cured, Contractor shall take action and cure the Contractor Event of Default within thirty (30) Days after the date of City’s written notice. In the event the Contractor Event of Default cannot be cured within thirty (30) Days, Contractor shall provide written notice to City of the requirement of a longer cure period with a timeline for cure and shall commence within thirty (30) Days actions necessary to cure the Contractor Event of Default and diligently and timely proceed to complete the cure.

(c) When any Contractor Event of Default exists and Contractor fails to cure the same pursuant to the procedure set forth above, the City may, without prejudice to any other rights or remedies of the City and after giving the Contractor and the Contractor’s surety, if any, written notice of seven (7) days, terminate the Contract and may, subject to any prior rights of the surety, ( i) take possession of the Site and of all material or Equipment thereon owned by the Contractor, ( ii) accept assignment of contracts with Subcontractors, and (iii) complete the Work by whatever reasonable method the City may deem expedient.

(d) In the event of termination for cause, i f the unpaid balance of the Contract Price exceeds the reasonable, actual and direct costs of completing the Work, including compensation for professional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to City. This payment obligation shall survive completion of the Project and termination or expiration of this Contract.

7.2 Suspension or Termination by the City for Convenience.

(a) The City may, without cause, order the Contractor in writing to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Contractor shall be entitled to an extension of time and an adjustment shall be made for increases in the cost of performance of the Contract. No adjustment shall be made to the extent: (i) performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (ii) that an equitable adjustment is made or denied under another provision of this Contract. Adjustments made in the cost of performance shall have a mutually agreed fixed fee. If City suspends, delays or interrupts the Work for 60 or more consecutive days, Contractor may terminate this Contract.

(b) Prior to City’s issuance of a Notice to Proceed (which is conditional upon City’s approving and obtaining financing for the Project), City may terminate this Contract, in whole or in part and without payment, consideration, or liability to Contractor of any kind under this Contract.

7.3 Termination by the Contractor. Contractor may not terminate for convenience. Contractor may only terminate for cause if: (A) City fails to make payment when due and such failure is not made within 30 days of City’s receipt of written notice from Contractor specifying same; (B) the Work is stopped by others for a period of 90 consecutive days through no act or fault of Contractor, a Subcontractor of any tier, their agents or employees, or any other persons performi ng portions of the Work for whom Contractor is contractually responsible, and the Work was stopped by others for one of the following reasons: (i) issuance of an order of a court or other public authority having jurisdiction which requires City to stop all Work; or (ii) an act of government, such as a declaration of national emergency, making material unavailable which requires City to stop all Work; or (iii) City is in material breach of a provision of the Contract Documents and such breach is not cured within 30 days of City’s receipt of written notice from Contractor specifying same, however, in the event such City event of default cannot be cured within 30 days, City shall provide written notice to Contractor of the requirement of a longer cure period with a timeline for cure and shall commence actions necessary to cure City event of default within 30 days and diligently and timely proceed to complete the cure. If such grounds for termination by Contractor exist, Contractor may serve written notice of such belief on City and demand a meet -and-confer conference to negotiate a re solution in good faith within 7 days of receipt of such notice. If such conference does not lead to resolution , or does not occur within 7 days of Contractor’s notice, and Contractor believes the grounds for termination still exist, Contractor may

27 terminate this Contract and recover from City: (1) compensation for Work wholly or partially executed; (2) actual, direct out -of-pocket losses incurred by reason of such termination; (3) any payment or delivery required to have been made on or before the date of termination and not made, including interest on any sums due; and (4) costs and expenses reasonably incurred in exercising the foregoing remedies, if any .

7.4 Not a Waiver Any suspension or termination under this Section 7 shall not act as a waiver of any claims by City against Contractor (or vice versa) or others for damages based on breach of contract, negligence or other grounds.

7.5 Indemnification. In addition to the Parties’ indemnification obligations set forth in Section 11, the Parties agree as follows:

(a) Subject to the exclusions set forth in this Contract, to the extent applicable to the Site, Contractor shall make all necessary efforts to ensure the finished Project complies with all applicable standards imposed by the Americans with Disabilities Act, section 504 of the Rehabilitation Act of 1973, disability access requirements of the State Building Code and any other laws applicable to disability access.

If a court, administrative agency or other trier of fact later determines that Contractor has violated any of the above-referenced laws, Contractor shall remedy the violation at its own cost. Contractor shall indemnify, defend and hold the City harmless pursuant to this Section of this Contract against claims brought by a party other than the City due to any breach of these provisions to the extent due to Contractor’s negligence, recklessness or willful misconduct. In the event that either Party is or becomes aware of possible non - compliance with the foregoing standards, such Party shall have a dut y to promptly notify the other Party in writing of the possible non-compliance.

(b) Contractor represents and warrants that Contractor has the legal right to license any and all copyrights, designs and other intellectual property embodied in plans, Specifications, studies, Drawings, estimates or other documents that Contractor or its Subc ontractors or Consultants prepares or causes to be prepared pursuant to this Contract. Contractor shall indemnify, defend and hold the City harmless against third-party claims brought by a party other than the City pursuant to this Section to the extent du e to any breach of this representation due to Contractor’s negligence, recklessness or willful misconduct.

7.6 Claims Generally.

(a) A claim is a demand or assertion by Contractor seeking, as a matter of right, adjustment, or interpretation of contract terms, payment of money, extension of time, or other relief with respect to the terms of this Contract (a “Claim”). Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the Contractor. Contractor may only submit a Claim after having complied with the requirements in this Section, as applicable, for the same matters. Claims shall be submitted to City and City’s designated representative. A timely decision by City shall be provided. Claims must be made by written n otice prior to the final Progress Payment. Any Claims that are within the scope of a previous Change Order will not be considered . The failure of Contractor to make a Claim within the specified time shall constitute an express waiver of any right to assert such Claim. Despite submission or rejection of a Claim, Contractor shall proceed diligently with performance of this Contract, and City shall continue to make any undisputed payments in accordance with th is Contract. When any excavation or trenching exten ds greater than four feet below the surface, Public Contract Code section 7104 shall apply.

(b) Contractor shall make a certification at the time of submission of a Claim in the form and contents described in Section 7.7. Contractor understands and agrees that any Claim submitted without this certification does not meet the terms of the Contract Documents, that City, or City’s representatives, may reject the Claim on that basis and that unless Contractor properly and timely files the Claim with the certification, Contractor cannot further pursue the Claim in any forum. A condition precedent will not have been satisfied.

(c) Claims for Concealed or Unknown Conditions

28 (i) Trenches or Excavations Less Than Four Feet Below the Surface. If Contractor encounters conditions at the Site which are subsurface or otherwise concealed physical conditions, which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature, which differ material ly from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by Contractor shall be given to City promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. City will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in Contractor’s cost of, time required for, or performance of any part of the Work, will recommend an equitable adjustment in the Contract Price, Pr oject Schedule, or both. If City determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of this Contract is justified, City shall so notify the Contractor in writing, stating the reasons. In the event a dispute arises between City and Contractor regarding whether the conditions materially differ, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date provided for by the Contract Documents, but shall proceed with all the work to be performed under the Contract Documents. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

(ii) Trenches or Excavations Greater Than Four Feet Below the Surface . Pursuant to California Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface:

(1) Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:

(A) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

(B) Subsurface or latent physical conditions at the Site differing from those indicated by information about the Site made available to Contractor prior to the Effective Date .

Responsibility for soil conditions and any associated design considerations are responsibility of Contractor.

(C) Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

(2) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work, City shall issue a Change Order under the procedures described in this Contract.

(3) In the event that a dispute arises between City and Contractor related to Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Contract but shall proceed with all Work.

Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

7.7 Statutory Claim Procedures. In addition to any other requirements set forth in the Contract, all Claims shall be filed in accordance with the statutory claim resolution procedures set forth in California Public Contract Code sections 9204 and 20104 et seq., the implementation of which is set forth in this Section. The failure to timely submit a notice of delay or notice of change, or to timely request a change in price or time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under this Contract or at law.

29 (a) Intent. Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less , and Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims regardless of value. The intent of this Section is to implement and shall be construed to be consistent with said both said statutes.

(b) Supporting Documentation. Contractor shall submit all claims in the following format:

(i) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

(ii) List of documents relating to claim:
(1) Specifications
(2) Drawings
(3) Clarifications (Requests for Information)
(4) Schedules
(5) Other

(iii) Chronology of events and correspondence

(iv) Analysis of claim merit

(v) Analysis of claim cost

(vi) Time impact analysis in CPM format

(c) City’s Response . Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.

(i) If City needs approval from its governing body to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to 3 days following the next duly publicly noticed meeting of City’s governing body after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion.

(ii) Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and Contractor. City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $15,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.

(d) Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the time prescribed, Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide Contractor a written statement

30 identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

(i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged b y its respective mediator in connection with the selection of the neutral mediator.

(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under California Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

(iv) The mediation shall be held no earlier that the date the Contractor completes the Work or the date that Contract last performs which, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

(f) Procedures After Mediation If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation or Chapter 1.16 of the Buena Park Municipal Code, as applicable . For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference and/or mediation.

(h) Government Code Claims. In addition to any and all Contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. or Chapter 1.16 of the Buena Park Municipal Code, as applicable, prior to filing any lawsuit against the City. Such Government Code or Municipal Code claims and any subsequent lawsuit based upon the Government Code or Municipal Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code or Municipal Code claim is timely submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed.

(i) Non-Waiver. City’s failure to respond to a claim from Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety.

8. Changes and Extra Work

(a) Based upon the services Contractor will have provided in designing the Project, and Contractor’s duties and responsibilities regarding the engineering and design of the Project, Contractor and City intend and expect that Contractor will not submit any Change Order requests during the construction of the Project based upon alleged errors or omissions in the Engineering Documents prepared by Contractor for the Project. Rather, the Parties intend and expect that Change Order requests will only be submitted for City-requested changes in the Work of the Project, or for changes in the work of the Project

31 due to Excusable Events, all in accordance with this Contract and the Contract Documents of the Project.

When possible, under the circumstances, Contractor will make reasonable efforts to mitigate any schedule or cost impact arising from an Excusable Event.

(b) Notwithstanding any other provision of this Contract or the Contract Documents, in the event a Change Order is caused by, or necessitated as a result of wrongful acts or omissions on the part of Contractor, or as a result of any errors or omissions in the Engineering Documents for the Project – excluding those prepared and provided by City and/or City’s Consultants, or City otherwise incurs costs or damages as a result of wrongful acts or omissions on the part of Contractor, or as a result of any Contractor errors or omissions in the plans, specifications, Drawings, or designs for the Project, City shall issue a written notice to Contractor identifying the errors, omissions, wrongful act(s) and resulting costs or damages claimed and provide Contractor with ten (10) days to cure and/or respond to the notice. If the Contractor fails to take action to cure the basis for the notice within the ten (10) day period, Contractor shall be responsible for the cost of the following:

(i) The direct costs of all engineering, design, labor, and materials necessary to fully correct the wrongful acts or omissions on the part of Contractor, or the error or omission in the Engineering Documents for the Project;

(ii) Any other direct costs or damages which the City incurs as a result of wrongful acts or omissions on the part of Contractor, or of errors or omissions in the Engineering Documents for the Project; and

(iii) The reasonable costs of any third -party engineer, contractor or consultant that City, in City’s sole reasonable discretion, must retain or consult with to ensure the proper rectification of wrongful acts or omissions on the part of Contractor, or of errors or omissions in the Engineering Documents for the Project.

(iv) City may backcharge, and withhold payment from, Contractor for these costs and damages outlined above, and may seek reimbursement for any amount which exceeds any retention of the Contract Price at the time of collection. When City so backcharges and withholds, upon Contractor’s request , City’s and Contractor’s senior project representatives shall meet and confer in good faith in an effort to reach agreement on (a) whether a wrongful act or omission occurred or whether there was an error or omission in the Engineering Documents for the Project, (b) whether it caused the Change Order expense, (c) what damages have been incurred by City, and (d) what portion of the damages are attributable to Contractor as described above. If Contractor’s and City’s project representatives fail to meet, or if they are unable to resolve the dispute, senior executives for Contractor and for City, neither of whom have had day -to-day management responsibilities for the Project, will meet, within thirty (30) calendar days after notice of the dispute, in an attempt to resolve the dispute and any other identified disputes or any unresolved issues. If City and Contractor do not reach agreement when meeting and conferring, then either City or Contractor can initiate a mediation pursuant to Section 7.7(e), above, to resolve the dispute.

(c) City reserves the right to request Contractor make such alterations, deviations, additions to, or deletions from the Engineering Documents, as may be deemed by the City to be necessary or advisable for the proper completion or construction of the Work contemplated. There shall be no change whatsoever in the Engineering Documents, or in the Work without an executed Change Order or Supplemental Instruction by the City for a change in the Work as herein provided. City shall not be liable for the cost of any extra work or any substitutions, changes, additions, omissions, or deviations from the Engineering Documents, and Contractor shall not be required to perform such work, unless the same shall have been authorized by and the cost thereof approved in writi ng by Change Order. No extension of time for performance of the Work shall be allowed hereunder unless adjusted in writing in the Change Order.

(d) All Requests for Information should be substantially on the City’s standard form and shall, to the extent reasonably necessary, reference all the applicable Contract Documents including specification section, detail, page numbers, drawing numbers, and sheet numbers, etc. Contractor shall make suggestions and/or interpretations of the issue raised by the RFI. An RFI cannot modify the Contract Price,

32 Project Schedule, or the Contract Documents. Prior to issuing an RFI Contractor, Subcontractor, material suppliers and the like shall thoroughly review the Contract Documents and refer to all reference standards for the information sought. City and Contractor agree that an adequate time period for City to respond to an RFI is generally fourteen (14) days after City’s receipt of a non-priority RFI, or seven (7) days after City’s receipt of a priority RFI, unless City and Contractor agree otherwise in writing . However, in all cases, City shall take such time, whether more or less than fourteen ( 14) or seven ( 7) days, as applicable, as is necessary in the professional judgment of City and City’s representatives to permit adequate review and evaluation of the RFI. Contractor shall make efforts to coordinate the work in a timely fashion, so as to alleviate priority RFIs. If the RFI is considered a priority, Contractor shall state the word “Priori ty” on the document, and Contractor shall provide weekly RFI Priority Schedules.

(e) The “RFI Priority Schedule ” shall be prepared and include a listing of pending requests, including the most current request, and rank the RFIs in order of priority. City shall endeavor to respect Contractor’s requested order of priorities and requested response dates. If the RFI response alters the Contract Price and/or Project Schedule, a Change Order shall be issued for the changed condition(s).

(f) City will have authority to order minor changes in the Work provided that there is: (i) no adjustment in the Contract Price, (ii) no extension of the Project Schedule, or (iii) any other change which is inconsistent with the intent of the Contract Documents. Such changes shall be effected by written Change Order and shall be binding once fully executed by City and Contractor. Contractor shall carry out such written orders promptly. To request a Change Order, City or Contractor shall prepare and submit a draft Change Order in the City’s standard form for review by the other Party.

(g) Each Change Order request, whether proposed by Contractor or City, shall include: (i) a detailed statement of the reason for and a description of the change; (ii) the estimated price of the proposed change, including the proposed change in the Contract Price and any costs or savings for carrying out the change including an itemized cost breakdown of labor and material showing actual quantities, hours, unit prices or wage rates required for the change; (ii) the projected effect of such proposed change on the Project Schedule including the relevant scheduled completion dates and deadlines; (iii) the projected effect of such proposed change on Contractor’s ability to comply with any of its obligations hereunder, including the Warranties, Savings Guarantee; and (iv) shall be accompanied by supporting documentation necessary to evidence the costs or savings and schedule adjustments requested therein.

(h) When Contractor is requesting a Change Order, notice thereof must be provided to City within fourteen (14) days after Contractor’s knowledge of the occurrence of the event giving rise to the claim. This notice shall be given by Contractor before proceeding to execute the Work, except in an emergency endangering life or property. No notice shall be considered u nless made in accordance with this Section; however, the mere presentation of such claim shall not establish the validity of the cause giving rise to such claim, or of the extension of the Project Schedule, and/or the increase in the Contract Price. Any change in the Contract Price or extension of the Project Schedule resulting from such claim shall be authorized by a Change Order.

(i) Within twenty -one (21) days after receipt of a Change Order request from Contractor or City, the receiving Party shall either (i) accept such Change Order request by execution thereof and deliver an executed copy to the initiating Party or (ii) reject such Change Order request and provide appropriate written explanation of the reasons therefor (which may include a request for additional information, documentation or cost detail).

(j) The amount of the increase or decrease in the Contract Price resulting from a Change Order, if any, shall be determined in one or more of the following ways as applicable to a specific situation: (A) mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (B) unit prices stated in Contractor’s original bid, the Contract Documents, or subsequently agreed upon between City and Contractor; (C) cost to be determined in a manner agreed upon by the Parties and a mutually acceptable fixed or percentage fee; or (D) by cost of material and labor and percentage of overhead and profit in accordance with the compensation provisions of this Contract. It is expressly understood that the value of such extra work or changes, as determined by any of the

33 aforementioned methods, expressly includes any and all of Contractor's costs and expenses, both direct and indirect, resulting from additional time required on the Project or resulting from delay to the Project.

Any costs or expenses not included are deeme d waived. For purposes of determining the cost, if any, of any change, addition, or omission to the Project, all trade discounts, rebates, refunds, and all returns from the sale of surplus materials and equipment shall accrue and be credited to Contractor, and Contractor shall make provisions so that such discounts, rebates, refunds, and returns may be secured, and the amount thereof shall be allowed as a reduction of Contractor's cost in determining the actual cost of construction for purposes of any change, addition, or omissions in the Project as provided herein.

(k) With respect to portions of the Work performed by Changer Orders on a time - and-materials, unit-cost, or similar basis, Contractor shall keep and maintain cost -accounting records satisfactory to the City, which shall be available to City on the same terms as any other books and records Contractor is required to maintain under the Contract Documents.

9. INSURANCE.

(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Contract including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors (commensurate to their work) to obtain and maintain, insurance policies issued by an insurance company currently authorized by the I nsurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of Californ ia, with an assigned policyholders’ Rating of A - (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City. The insurance policies shall include the types, coverages and limits set forth below:

(i) Commercial General Liability Insurance.

a. Contractor. Contractor agrees to obtain and maintain commercial general liability: CGL Insurance Services Office (ISO) Form CG 00 01 (or its equivalent) covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $ 2,000,000 completed operations aggregate. Either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04 or their equivalent) or the general aggregate limit shall be twice the required occurrence limit. Contractor may use umbrella or excess insurance with limits excess of the CGL policy to satisfy this requirement.

b. Subcontractors. Subcontractors in areas of higher risk, such as electric, roofing, or plumbing work, shall have commercial general liability limits of $2,000,000. Such insurance shall protect the Contractor and City against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Contract, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other City facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Contract.

This insurance shall be subject to the approval of City, and City’s approval shall not be unreasonably withheld. The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by City identified in this Contract will be excess only and will not contribute with this insurance;

(ii) Automobile Liability . Contractor agrees to obtain and maintain automobile liability insurance: Insurance Services Office (ISO) Form CA 0001 (or its equivalent) covering Code 1 (any auto), with limits of at least $1,000,000 per accident for bodily injury and property damage. Contractor may use umbrella or excess insurance with limits excess of the automobile liability policy to satisfy this requirement.

34 (iii) Worker’s Compensation Insurance. All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the City for all persons whom they may employ in carrying out the work contemplated under this Contract in accordance with the Workers’ Compensation Laws of the State of California. If Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ pr ior to commencement of services, it must furnish such proof of workers’ compensation insurance to the City immediately upon employment. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self- Insurance satisfactory to the City.

(iv) Employer’s Liability Insurance. All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance. with an insurance carrier reasonably satisfactory to the City. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the City. If the Contractor is self - insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self-Insurance reasonably satisfactory to the City.

(v) Professional Liability Insurance. Contractor agrees to obtain and maintain professional liability insurance on a claims made basis with limits of Two Million Dollars ($2,000,000) per claim and in aggregate with a deductible in an amount not to exceed the sum of One Million Dollars ($1,000,000), and Contractor will maintain such coverage for a period of five (5) years three (3) years following the Final Completion Date.

(vi) Builder’s All Risk. . Contractor agrees to obtain and maintain Bilder’s Risk / Installation Floater insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of City, and City’s approval shall not be unreasonably withheld. This insurance shall insure against all risks, including but not limited to the following perils: vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boo m, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the City’s costs and expenses required as a result of such insured loss.

This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include City, City’s designated representative, and any other person or entity with an insurable interest in the Work as Loss Payees.

(vii) Contractor’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions. Contractor shall require subcontractors performing the applicable work to obtain and maintain contractor’s pollution legal liability and/or asbestos legal liability and/or errors and omissions with limits of $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

(ix) Other Insurance. Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of City, and City’s approval shall not be unreasonably withheld.

(b) Consultants. If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them.

(c) Occupancy. City may partially or fully occupy and/or use the Project before acceptance of the entire Project by the City. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer.

(d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation . Contractor shall name City and as additional insured on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or equivalents). The additional insured endorsement(s) included on such insurance policy shall state that coverage is afforded the additional insured w ith respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable

35 to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial gener al liability policy shall apply on a primary and non -contributory basis. Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subr ogation in favor of City. Any excess/umbrella policies provided by Contractor shall provide limits that are in excess of any policies set forth herein, which Contractor intends the excess/umbrella policy to supplement.

(e) Proof of Carriage of Insurance . Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Contract until all required proof of insurance including certificates of insurance, applicable endorsements, and all required amendatory endorsements (or copies of applicable policy language effecting coverage required by this clause) have been obtained for the period covered by this Contract and delivered to the City for approval, and such approval shall not be unreasonably withheld.

(f) Notice of Cancellation or Non -Renewal. Contractor shall provide for thirty (30) days written notice to City of cancellation or shall obligate its insurance carriers or brokers/representatives to issue endorsements to the required insurance policies that provide for thirty (30) days written notice to the City of cancellation.

(g) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City.

City may require the Contractor to purchase coverage with a lower self -insured retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the self-insured retention. The policy language shal l provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or City. If there is a self -insured retention, City will need to know what the triggering events are for coverage.

(h) Compliance. If Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) days of receiving written notice of the defect(s), the City may, but shall not be required to, take out such insurance to cover any damages accrued for which City might be held liable on account of Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due Contractor under this Contract.

(i) Subcontractors and Consultant Obligations . Each of Contractor’s Consultants and Subcontractors shall comply with all applicable (commensurate with their respective scope of work) insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

10. PAYMENT AND PERFORMANCE BONDS. Contractor shall apply for and furnish City a Payment Bond and Performance Bond on the forms included in Attachment 4, which shall cover one hundred percent (100%) faithful performance of completing construction of the Project and guaranteeing the payment in full of all costs for labor performed and materials supplied in constructing the Project . Only bonds executed by admitted Surety insurers as defined in California Code of Civil Procedure section 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by City in writing, at the time of issuance of the bonds, have a rating not lower than “A” as rated by A.M. Best Company, Inc. or the equivalent if rated by other independent rating companies. Notwithstanding anything to the contrary in the Contract Documents, the liability of the surety on the performance bond will cease one (1) year after the Final Completion Date. Any warranty or guarantee required of Contractor by the Contract Documents shall be the sole obligation of Contractor after termination of the surety's performance bond liability. The liability of the surety on the payment bond shall continue only so long as required by law.

11. INDEMNITY.

(a) Contractor and City agree that City, its employees, agents and officials ( cumulatively the “City Indemnitees”) should, to the fullest extent permitted by law, be fully protected from any loss, injury,

36 damage, claim, liability, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to performance of this Contract or any Work hereunder.

The indemnity provisions of this Section are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City Indemnitees. Contractor acknowledges that City would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City and City Indemnitees, as set forth in this Contract.

(b) Consistent with California Civil Code Section 2782.8, to the extent the Work includes design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, Contractor shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of Contractor, its officers, employe es, or agents in said performance of the Work, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of City.

(c) Other than in the performance of design professional services by a design professional, as covered by subsection (b) above, t o the fullest extent permitted by law Contractor 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” for purposes of this subdivision alone ), in law or equity, whether actual, alleged or threatened, whi ch arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of Contractor, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including Contractor 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. Contractor 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. Contractor shall reimburse the Indemnitees for any and all reasonable legal expenses and costs incurred by City Indemnitees in connection therewith.

(e) PERS Eligibility Indemnification. In the event Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontracts, as well as for the payment of any penalties and interest on such contributions, which would otherwise by the responsibility of City . Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing Work under this Contract shall not qualify for or become entitled to, and herby agree to waive any claims to, any compensation, benefit, or any incident or employment by City , including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

(f) Obligations Not Limited by Insurance. The obligations of Contractor under this or any other provision of this Contract shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor’s indemnity obligation set forth in this section shal l not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Contract.

12. MISCELLANEOUS

(a) Representatives. City shall provide administration of the Contract as described in the Contract Documents and may designate one or several agents, representatives, or Consultants to provide

37 administration upon written notice of such to Contractor. When such written notice is provided, except as otherwise provided in the Contract Documents or when direct communications are warranted by special circumstances, City and Contractor shall communicate through the City’s selected representative.

(b) Independent Contractor. Contractor is retained by City only to the extent set forth in this Contract, and Contractor 's relationship to City is that of an independent contractor. Contractor shall be free to dispose of all portions of Contractor 's time and activities that Contractor is not obligated to devote to City in such a manner, and to such persons, firms or corporations, as Contractor sees fit except as expressly provided in this Contract. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor 's employees, except as set forth in this Contract. Contractor shall have no power to incur an y debt, obligation or liability on behalf of City or otherwise act on behalf of City as an agent. Contractor 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. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract 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 Contract. Contractor shall fully comply with applicable workers’ compensation laws regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any compensation due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this section.

(c) Necessary Licenses. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers and agents serving as independent contractors in the role of officials, harmless from any loss, claim or liability in any way related to a claim that any of the Work 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. Contractor 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 under this Contract.

In the event any the Work hereunder is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure the right to continue using the Work and other deliverables by suspension of any injunction, or by procu ring a license or licenses; or (b) modify the Work and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Contract. Contractor’s covenants under this Section shall survive the expiration or termination of this Contract.
(d) Records. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Work, as required by City. Contractor shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Work.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified a nd readily accessible. At all times during regular business hours, Contractor shall provide access to such books and records to City, and shall give City the right to examine and audit such books and records, and shall allow inspection of all work, data, documents, proceedings and activities related to this Contract upon reasonable written notice. (e) Conflicts of Interest . Contractor shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal ifornia Gov. Code, § 81000 et seq.) and California Government Code Section 1090, in connection with entering into and performing the Work contemplated by this Contract. Contractor shall not be financially interested in any contract or subcontract entered into by Contractor with any third -party in connection with completing any portion of the Work or performing this Contract. During the term of this Contract, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subconsultants shall not, without the City Manager’s prior written approval, perform work for another person or entity for whom Contract or is not currently performing work that would require Contractor, or one of its officers, employees, associates or subconsultants, to abstain from a decision under this Contract pursuant to a conflict of interest statute. In

38 compliance with the Levine Act ( California Government Code section 84308), Contractor represents and warrants that: (a) neither Contractor nor any agent on behalf of Contractor has made any campaign contributions of more than $250 to any member of the City Council in the one year preceding the Effective Date of this Contract; and (b) neither Contractor nor any agent on behalf of Contractor will make any campaign contribution of more than $250 to any member of the City Council within twelve (12) months after the date this Contract is approved by the City Council. (f) Non-Discrimination. In performing this Contract, Contractor shall not engage in, nor shall it permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gend er or sexual orientation, except as permitted pursuant to Section 12940 of the California Government Code. (g) Occupational Safety and Health. The parties hereto agree to notify each other immediately upon becoming aware of any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.

(h) Ownership and Use of Drawings, Data, Reports and Other Documents

(i) Except as expressly provided in this Contract, City will not acquire, by virtue of this Contract, any rights or interest in any formulas, patterns, devices, software, inventions or processes, copyrights, patents, trade secrets, other intellectual property rights, or similar items of property which are or may be used in connection with the Work. Contr actor will own all inventions, improvements, technical data, models, processes, methods, and information and all other work products developed or used in connection with the Work, including all intellectual property rights therein.

(ii) Solely in connection with the Project, Contractor grants to City a limited, perpetual, royalty-free, non-transferrable license for any Contractor intellectual property rights necessary for City to operate, maintain, and repair any modifications or additions to Project, or equipment delivered, as a part of the Work.

(iii) All data, reports, proposals, plans, specifications, flow sheets, drawings, and other products of the Work (the “Instruments of Service”) furnished directly or indirectly, in writing or otherwise, to City by Contractor under this Contract will remain Contractor’s property and may be used by City only for the Work. Contractor will be deemed the author and City of such Instruments of Service and will retain all common law, statutory and other reserved rights, including copyrights. The Instruments of Service may not be used by City or any City Person for future additions or alterations to the Project or for other projects, without the prior written agreement of Contractor . Any unauthorized use of the Instruments of Service will be at City’s sole risk and without liability to Contractor . If City uses the Instruments of Service for implementation purposes, including additions to or completion of the Project, without the written permission of Contractor, City agrees to waive and release, defend, and indemnify and hold harmless, Contractor, its subcontractors, and their directors, employees, subcontractors, and agents from any and all claims or losses associated with or resulting from such use.

(iv) If any materials or information provided by Contractor to City under this Contract are designated by Contractor as a “trade secret” or otherwise exempt from disclosure under the California Public Records Act (the “Act”) and if a third party makes a request for disclosure of the materials under the Act, as soon as practical (but not later than ten (10) calendar days) after receipt of such request, City will notify Contractor of such request and advise Contractor whether City believes that there is a reasonable possibility that the materials may not be exempt from disclosure. Contractor may seek to enjoin City from disclosing the information requested through a court of competent of jurisdiction.

(i) Royalties and Patents. The Contractor shall pay all royalties and license fees incurred by Contractor in performing the Work of this Contract. Contractor shall defend suits or claims of infringement of patent rights brought by a party other than City and shall hold the City harmless and indemnify them from loss on account thereof.

39 (j) Assignment of Antitrust Claims. Pursuant to California Government Code section 4552, 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 City 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. § 15) or under the Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Bus. & Prof.

Code), arising from the purchase of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the Parties.

(k) Audit. Contractor’s agreements, contracts, subcontracts, books, records, and files associated with the Project shall be subject to audit and examination under California Government Code section 8546.7 and any amendments thereto for a period of four (4) years following Final Completion and will exclude information that is proprietary and confidential unless required to be disclosed as a condition of funding, by law or by court order.

(l) Waiver. No delay or omission to exercise any right, power or remedy accruing to City or Contractor under this Contract shall impair any right, power or remedy, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by City or Contractor of any breach, any failure of a condition, or any right or remedy under this Contract 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.
(m) Accomplishment of Work . Contractor 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. (n) Compliance With Laws. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances that are applicable to Contractor, this Contract, or the Work.

(o) Third Party Beneficiaries. The Parties hereto do not intend to create any rights for, or grant any remedies to, any third-party beneficiary of this Contract.

(p) Governing Law. The terms and conditions of this Contract shall be governed by the laws of the State of California without regard to conflicts of law principles.

(q) Cost of Litigation. If any legal action is necessary to interpret or enforce any provision of this Contract or for damages by reason of an alleged breach or failure to perform any provisions of this Contract, each Party shall pay for and bear the cost of its own attorneys’ fees, costs, and expenses. .

(r) Severability. If a court of competent jurisdiction shall hold any provision of the Contract Documents invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof.

(s) Notices and Filings. Any notices or filings required to be given or made under this Contract shall be served, given, or made in writing upon the City or Contractor, as the case may be, by personal delivery or commercial overnight courier (with a copy sent via email) to the respective addresses given below, or at such address as such Party may provide in writing from time to time.

City:

with a copy to:

Contractor:

with a copy to:

40 (t) Binding Effect. Contractor, by execution of this Contract, acknowledges that Contractor has read this Contract and the other Contract Documents, understands them, and agrees to be bound by their terms and conditions. The Contract Documents shall inure to the benefit of and shall be binding upon the Contractor and the City and their respective successors and assign.

(u) Amendments. The terms of the Contract Documents shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by the parties and approved or ratified by the City’s governing body.

(v) Headings. The captions or headings in this Contract are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Contract

(w) Execution in Counterparts. This Contract may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Contract.

(x) Attachments Incorporated All Recitals , Contract Documents, and Attachments to this Contract are hereby incorporated into the Contract by this reference as if set forth in full. The Attachments to this Contract are as follows:

Attachment 1 – Preliminary Plans and Specifications
Attachment 2 - Schedule of Values and Subcontractor Listing Attachment 3 - Project Schedule
Attachment 4 – Form of Payment Bond and Performance Bond Attachment 5 - Contractor Lien Release Forms
Attachment 6 - Community Workforce Agreement

(y) Entire Agreement . This Contract, and all incorporated Attachments, recitals and documents, including, but not limited to the Contract Documents, constitute the entire agreement between the Parties, and supersedes any prior or contemporaneous agreement between the Parties, oral or written, including the City’s award of the Project to Contractor, unless such agreement is expressly incorporated herein. The City makes no representations or warranties, express or implied, not specified in the Contract Documents. The Contract Documents are intended as the complete and exclusive statement of the parties’ agreement pursuant to California Code of Civil Procedure section 1856.

(z) Execution, Correlation, and Intent. The Contract Documents are complementary and are intended to include all items required for the proper execution and completion of the Work. Any item of Work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided by Contractor as if shown or mentioned in both.

(aa) Conflict in Terms. The several instruments forming part of this Contract are to be taken as mutually explanatory of one another. Each and every provision of law required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party the Contract shall be amended in writing to make such insertion or correction.

(bb) Successors And Assigns. The City and the Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other Party hereto and to partners, successors, assigns, and legal representatives of such other Party in respect to covenants, agreemen ts, and obligations contained in the Contract Documents. Consistent with subsection (dd) below, neither Party to the Contract shall assign the Contract as a whole or in part without written consent of the other. If ei ther Party attempts to make such an assignment without such consent, that Party shall nevertheless remain legally responsible for all obligations under th is Contract. Notwithstanding the foregoing, Contractor may, without City’s consent, but with written notice to City, assign this Contract to any Affiliate of Contractor.

41 (cc) Rights and Remedies. Except as otherwise provided for in this Contract, Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.

(dd) Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Contract.

Except with consent as provided for in subsection (bb) above, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City, which may be approved or denied in the sole and independent judgment of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking a ll transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

(ee) Execution of Other Documents. The parties to this Contract shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of the Contract Documents.

IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Contract effective as of the date first above written.

[signatures on following page]

42 PLACEHOLDER FOR SIGNATURE PAGE

43 Attachment 1 –
Preliminary Plans and Specifications

44 Attachment 2 –
Schedule of Values and Listing of Subcontractors

Schedule of Values

[TO BE ADDED]

Subcontractor Listing and Registration

As of March 1, 2015 Contractors (and sub -contractors) wishing to perform work on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm

In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total GMAX or $10,000 (whichever is greater). Photocopy this form for additional firms.

Subcontractor Name
and Location
Description of Work Subcontract
Amount
% of Total
Contract Price
Contractor License Number
& DIR Reg Number
License No.

DIR No.

45 Attachment 3 –
Project Schedule

The project schedule is based on issuance of the Notice to Proceed on _________________________ .

Any delay in issuance of the Notice to Proceed shall move the start of construction date back by the number of days equal to the delay with all other deadlines remain unchanged but recalculated from the new Notice to Proceed date.

46 Attachment 4 –
Form of Payment Bond and Performance Bond

[TO BE ADDED]

47 Attachment 5 –
Contractor Lien Release Forms

A. Conditional Waiver and Release upon Progress Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant has not yet been paid. This form is useful when the claimant is not yet paid, but will be paid out of a progress payment that is not the final payment. This conditional waiver and release is only effective if the claimant is actually paid. This release does not cover all items.

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

NOTICE:  THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT

RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant: ________________________________________________________________ _ Name of Customer: _______________________________________________________________ _ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Through Date: ____________________________________________________________________

Conditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, un less listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ___________________________________________________________________ Amount of Check:  $ ________________________________________________________________ Check Payable to: _________________________________________________________________

Exceptions

This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Date(s) of waiver and release: ________________________________________________________ Amount(s) of unpaid progress payment(s): $_____________________________________________

Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________

48 B. Unconditional Waiver and Release upon Progress Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant asserts in the waiver that he or she has received the progress payment. This release does not cover all items.

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT:  THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT

NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant: ________________________________________________________________ _ Name of Customer: _______________________________________________________________ _ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Through Date: ____________________________________________________________________ Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below.

The claimant has received the following progress payment:  $ __________ Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________

49 C. Conditional Waiver and Release upon Final Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant.

Evidence of payment may be demonstrated by: (a) The claimant's endorsement on a single check or a joint check that has been paid by the bank upon which it was drawn; or (b) Written acknowledgment of payment given by the claimant.

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE:  THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT

RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant: ________________________________________________________________ _ Name of Customer: _______________________________________________________________ _ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job.

Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ___________________________________________________________________ Amount of Check:  $ ________________________________________________________________ Check Payable to: _________________________________________________________________ Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of:  $_________________________________ Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________

50 D. Unconditional Waiver and Release upon Final Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment and the claimant asserts in the waiver that he or she has received the final payment.

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT:  THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT

NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant: ________________________________________________________________ _ Name of Customer: _______________________________________________________________ _ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.

Exceptions
This document does not affect the following:

Disputed claims for extras in the amount of:  $ __________________________________ Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________

51 Attachment 6
Community Workforce Agreement

[attached behind this page]

33 Attachment G

Community Workforce Agreement

9. P
City of Buena Park

COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN

THE CITY OF BUENA PARK
of

LOS ANGELES / ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

AND THE SIGNATORY CRAFT COUNCILS AND UNIONS
Community Workforce Agreement
ATTACHMENT D - DRUG AND ALCOHOL TESTING POLICY 34
City of Buena Park 2 Community Workforce Agreement
TABLE OF CONTENTS Page
ARTICLE 1 DEFINITIONS 3
ARTICLE 2 SCOPE OF THE AGREEMENT 4
ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 8
ARTICLE 4 UNION ACCESS AND STEWARDS 12
ARTICLE 5 WAGES AND BENEFITS 13
ARTICLE 6 WORK STOPPAGES AND LOCKOUTS 14
ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 18 ARTICLE 8 MANAGEMENT RIGHTS 18
ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES 20
ARTICLE 10 REGULATORY COMPLIANCE 22
ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY 23 ARTICLE 12 APPRENTICES 23
ARTICLE 13 PRE - JOB CONFERENCES 24
ARTICLE 14 WORK OPPORTUNITIES PROGRAM 24
ARTICLE 15 SAVINGS AND SEPARABILITY 25
ARTICLE 16 WAIVER 26
ARTICLE 17 AMENDMENTS 26
ARTICLE 18 DURATION OF THE AGREEMENT 26
ATTACHMENT A — LETTER OF ASSENT 29
ATTACHMENT B — LOCAL RESIDENT ZIP CODES 30
ATTACHMENT C — CRAFT REQUEST FORM 32
ATTACHMENTD - DRUG AND ALCOHOL TESTING POLICY 34
City of BuenaPark 2 CommunityWorkforce Agreement

CITY OF BUENA PARK

COMMUNITY WORKFORCE AGREEMENT
This Community Workforce Agreement ( " Agreement ") is enteredinto by andbetweenthe City of Buena Park ( " City "), the Los Angeles /Orange Counties Building and Construction Trades Council ( " Council "), and the signatoryCraft Councils and Local Unions signing this Agreement collectively, the " Union" or " Unions "). This Agreement establishes the labor relations Policies andProceduresfor theCity andfor thecraftemployeesrepresentedby theUnionsengagedin the City' s Projectsasmorefully describedbelow. The City, Council andUnions arehereinafter referredto herein, asthe contextmayrequire, as "Parry" or "Parties." It is understoodby thePartiesto thisAgreementthatif thisAgreementis acceptableto theCity, it will becomethepolicy of theCity for ProjectWorkcoveredby thisAgreementto be contractedexclusively to Contractorswho agreeto executeandbeboundby the termsof this Agreement, directly or through the Letter of Assent (a form of which is attachedas "Attachment A "), andto requireeachof its subcontractors, of whatevertier, to becomebound. TheCity shall include, directly or by incorporationby reference, the requirementsof this Agreementin the advertisement of and/or specifications for each and every contract for Project Work that is coveredby this Agreementto beawardedby theCity.

ARTICLE I

DEFINITIONS
Section 1. 1 " Agreement" meansthis Community Workforce Agreement.

Section 1. 2 " Apprentice" meansthoseemployeesindenturedandparticipatingin aJoint Labor/ManagementApprenticeshipProgramapprovedby the Stateof California, Departmentof Industrial Relations, Division of ApprenticeshipStandards.

Section 1. 3 " Community Workforce Coordinator" or " CWA Coordinator" shall mean and refer to the City representativethat is taskedwith administering this Agreementat the direction and on behalf of the City.

Section 1.4 " ConstructionContract" and "ConstructionContracts" meansanycontractentered into by the City for anyProjectWork coveredby this Agreement.

Section 1. 5 " Contractor" meansany individual, firm, partnershipor corporation, or combination thereof, including joint ventures, which is an independentbusinessenterpriseand which hasenteredinto a ConstructionContractwith the City, or anyof the Contractor's subcontractors of any tier, with respectto the performance of work covered by a Construction Contractwith the City.

Section 1.6 " City" meansthe City of Buena Park.

Section 1. 7 " Craft Union" means each of the individual unions that are signatories to this Agreement.

City of Buena Park 3 Community Workforce Agreement
Section 1.8 " Joint Labor/ManagementApprenticeship Program" asusedin this Agreement meansajoint Union andContractoradministeredapprenticeshipprogramcertifiedby the State of California, Departmentof IndustrialRelations, Division of ApprenticeshipStandards.

Section 1. 9 " Letter of Assent" means the document that each Contractor must sign and submit to the City beforebeginninganyProjectWork, which formally binds such Contractor( s) to adherence to all the forms, requirements, and conditions of this Agreement in the form attached hereto as Attachment A.

Section 1. 10 " Master Labor Agreements" or " MLA" as used in this Agreement means the local collectivebargainingagreementsof the signatoryUnionshavingjurisdiction overthe Project Work and which have signed this Agreement.

Section 1. 11 " Project," " City Project" or "Project Work" meansthe construction work to be performedon City propertyor within easementssecuredby the City consistingof the construction of public works or improvements pursuant to a Construction Contract entered into by the City asmore fully describedin Article 2, below.

Section 1. 12 " Subscription Agreement" means the contract between a Contractor and a Union' s Labor/ Management Trust Fund( s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of a Master Labor Agreement.

Section 1. 13 The use of masculine or feminine gender or titles in this Agreement should be construedasincludingbothgendersandnotasgenderlimitationsunlesstheAgreementclearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.

ARTICLE 2

SCOPE OF THE AGREEMENT
Section 2. 1 General This Agreement shall apply and is limited to the City' s Project Work, asspecifiedin Section2.2 of this Article, performedby thoseContractor(s) of whatever tier thathavebeenawardedcontractsfor suchwork, for thedevelopmentof theCity's facilities which, jointly, constitutetheProject, andhavebeendesignatedby theCity for constructionor rehabilitation.

Section 2. 2 Specific The Project Work covered by this Agreement is defined and limited to the following construction work to be performed on the projects specifiedherein:
a) All construction, abatement, demolition, renovation, rehabilitation, upgrade and improvement work and new construction work pursuant to prime multi -trade Construction Contractsawardedby the City that exceedFIVE HUNDRED THOUSAND DOLLARS 500,000.00) andall subcontractsbetweena Contractorandsubcontractor(s) arisingfrom these prime Construction Contracts.
b) All construction, abatement, demolition, renovation, rehabilitation, upgrade and improvementwork andnewconstructionwork pursuantto primespecialtyConstruction Contracts awardedby the City that exceedTWO HUNDRED AND FIFTY THOUSAND City of Buena Park Community Workforce Agreement
DOLLARS ($ 250, 000. 00), and all subcontracts between a Contractor and subcontractor( s) arising from these specialty contracts;
c) Work coveredby this Agreement shall also include private projects that arepaid for in whole or in part out of public funds to the extent that such project is subject to California' s prevailing wage laws ( Labor Code § 1720 et seq.) asmadeapplicable to the City by the Buena Park Charter.
d) Thevalueof anyConstructionContractawardedby theCity shallbebasedonthe City Engineer'spre -bid estimatefor theconstructionwork to becontractedby theCity, suchthat thetermsandconditionsof this Agreementmaybedisclosedandincludedin the City' srequest for bids for the Project Work.
e) It is understoodby thePartiesthatthe City may at anytime, andat its sole discretion, add additional projects to the scope of this Agreement not set forth above. f) ThePartiesfurtheragreethat they shallmeetno soonerthaneverytwelveto eighteenmonthsduringtheTermof this Agreementto discusstheParties' successin achieving the hiring goalsandobjectivesof the CWA andmodifying thethresholdsetforth in subsections a) and ( b) of this Section 2. 2.

Section 2. 3 Bundling of Contracts The Parties understand that, to the maximum extent feasible, andconsistentwith goalsof theCity to (i) utilize this Agreementasthelaborrelations policy for its constructionandrehabilitationprogramand (ii) fully utilize the servicesof local small business enterprises for such construction and rehabilitation work:
a) The City, in its sole discretion, will seek to group ( or " bundle ") for bidding, work not meeting the thresholds of Section 2. 2 ( a) and ( b), above. ( Small contracts for like types of work, scheduledto be undertakenatthe samefacility or on the sameproject site, andwithin the sametimeframe, will be consideredfor suchbundling, consistentwith economiesof scale, and the purposes of this Agreement); and
b) Project Work will not be split, divided, or otherwise separated for contract award purposes to avoid application of this Agreement.

Section 2. 4 This Agreementshallnot apply to anywork of any Contractorotherthanthat on Project Work specifically coveredby this Agreement.

Section 2. 5 Exclusions Items specifically excluded from the Scopeof this Agreement include the following:
a) Work of non -manualemployees, including but not limited to: superintendents; supervisors; staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, administrative, supervisory and management employees; b) Equipmentandmachineryownedor controlledandoperatedby the City; City of Buena Park 5 Community Workforce Agreement
c) All off -sitemanufactureandhandlingof materials, equipment, or machinery; provided, however, thatlay downor storageareasfor equipmentor materialandmanufacturing prefabrication) sites, dedicatedsolely to the Project or Project Work, andthe movementof materials or goods between locations on a Project site are within the scope of this Agreement; d) All employeesof the City, Community Workforce Coordinator, designteams including, but not limited to architects engineers and master planners), or any other consultants or contractorsfor the City (including, but not limited to, project managersandconstruction managers and their employees where not engaged in Project Work) and their sub - consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Building/ Construction Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the CWA. ( This inclusion applies to the scope of work defined in the State of California WageDeterminationfor saidCraft. This shallalsospecificallyincludesuchwork whereit is referredto by utilizationof suchtermsas "qualitycontrol" or "qualityassurance." Every Inspectorperforming undertheWageclassificationof Building/ ConstructionInspector and Field Soils and Material Testers under a professional services agreement, or a construction contract shall be bound to all applicable requirements of the CWA.) e) Any work performedon or nearor leadingto or into a siteof work coveredby this Agreementandundertakenby state, county, City or other governmentalbodies, or their Contractors; or by public utilities, or their Contractors; and/or by theCity or its Contractors (for work for which is not within the scope of this Agreement); f) Off - site maintenance of leased equipment and on -site supervision of such work; g) It is recognizedthatcertainmaterials, equipment, andsystemsof ahighly technical and specialized nature may need to be installed at or in connection with a Project coveredby this Agreement. The nature of the materials, equipment, and systems, together with requirements of manufacturer' s or vendor' s warranty, may dictate that it be prefabricated, pre - piped, and/ or pre -wired and that it be installed under the supervision and direction of Owner' s and/or manufacturer'spersonnel. Whenthe warranty doesnot require installationby the manufacturer's own personnel or a contractor certified by the manufacturer, the Unions agreeto perform and install such work in accordance with the directions, standards, and specifications of themanufacturer. If thenatureof the materials, equipment, systems, or warrantiesfor any materials, equipment, or systems require specially trained or certified personnel to perform installation work, then the Unions agree to install such material, equipment and systems without incident through the useof appropriately trained or certified members, or if no such membersare available, theUnionsshallallow suchinstallationwork to beperformedby themanufacturer's employeesor a contractorcertifiedby the manufacturer. If amanufacturer'swarrantyfor materials, equipmentor systemsrequiresthat installation work be performed by the manufacturer' s own personnel, then such work shall be outside the scope of this Agreement and shall be performed by the manufacturer'sown personnel. The Prime Contractor shall utilize its besteffortsto notify theUnionsat theprejob conferenceof any suchmaterials, equipment, systems, or warranties that are within the scope of this section, provided that the Prime Contractor' s failure to do so shall not invalidate or otherwise waive the terms and conditions of this section.;
City of Buena Park 6 Community Workforce Agreement
h) Non - constructionsupportservicescontractedby theCity, CommunityWorkforce Coordinator, or Contractor in connection with this Project; i) All haulingfrom anddelivery to the Projectanddeliveriesof all materials requiredto completethe Project, exceptthat the hauling/delivery of soil, sand, gravel, aggregate, rocks, concrete, asphalt, excavation materials, fill material and construction debris shall be coveredby this Agreement;
0) Off -sitelaboratorywork for testing;
1) Any work thatis urgentor emergencyin natureandfor whichtheCity Council hasmadeadeterminationto foregocompetitivebiddingin theawardingof Contractsfor Project Work in orderto addressexisting, threatenedor imminenthealthandsafetyconcerns; m) Any work performedby City employeesor the City' swork force.

Section 2. 6 Awarding of Contracts
a) The City and/or the Contractors, asappropriate, have the absoluteright to award contractsor subcontractson ProjectWork to any Contractornotwithstandingthe existenceor non - existenceof anyagreementsbetweensuchContractorandanyUnion parties, providedonly thatsuchContractoris willing, readyandableto executeandcomplywith thisCommunity WorkforceAgreementshouldsuchContractorbeawardedwork coveredby thisAgreement. b) It is agreed that all Contractors and subcontractors of whatever tier, who have beenawardedcontractsfor ProjectWork coveredby this Agreement, shallberequiredto accept andbeboundto thetermsandconditionsof thisCommunityWorkforceAgreement, andshall evidencetheir acceptanceby the execution of the Letter of Assent as set forth in Attachment A hereto, prior to thecommencementof work. At thetimethatanyContractorentersinto a subcontract with any subcontractor of any tier providing for the performance of work on the construction contract, the Contractor shall provide a copy of this Agreementto said subcontractor and shall require the subcontractor, as a part of accepting the award of a constructionsubcontract, to agreein writing in theform of aLetterof Assentto beboundby this Agreement prior to the commencement of work. No Contractor or subcontractor shall commence ProjectWorkwithouthavingfirst providedacopyof theLetterof Assentasexecutedby it tothe CommunityWorkforceCoordinatorandto theCouncilforty -eight (48) hoursbeforethe commencementof Project Work, or within forty -eight (48) hoursafter the award of Project Work to that Contractor ( or subcontractor), whichever occurs later. c) Under all circumstances, the City shall retain the absoluteright to selectthe lowest reliable and responsible bidder for the award of Construction Contracts for all Projects.

Section 2. 7 Coverage Exception
a) ThisAgreementshallnot applyif theCity receivesfundingor assistancefrom anyFederal, State, local or otherpublic entity for ProjectWork if arequirement, condition or otherterm of receivingthat fundingor assistance, at thetime of the awardingof the Construction Contract, is that the City not require, bidders, contractors, subcontractorsor otherpersonsor City of Buena Park 7 Community Workforce Agreement
entities to enter into an agreement with one or more labor organizations or enter into an agreementthatcontainsanyof thetermssetforth herein. TheCity agreesthat it will make reasonableeffortsto establishthe enforcementof this Agreementwith any governmentalagency or granting authority.

Section 2. 8 Master Labor Agreements
a) The provisions of this Agreement, including the MLAs, ( which are the local MasterLaborAgreementsof thesignatoryUnionshavingjurisdictionovertheworkonthe Project, assuchmaybe changedfrom time -to -time uponnoticeto the City andwhich are incorporatedhereinby reference) shallapplyto thework coveredby thisAgreement, notwithstandingtheprovisionsof anyotherlocal, areaand/or nationalagreementwhich may conflict with or differ from thetermsof this Agreement. However, suchdoesnot applyto work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement ( NTD), or within the jurisdiction of the International Union of ElevatorConstructorsandall instrumentcalibrationandloop checkingwork performedunder the terms of the UA/ IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that Articles dealing with Work Stoppagesand Lock -Outs, Work AssignmentsandJurisdictionalDisputes, andSettlementof GrievancesandDisputesshallapply to such work. It is specifically agreedthat no later agreementshall be deemed to have precedenceover this Agreementunlesssignedby all Partiessignatoryheretowho arethen currently employedor representedat the Project. Where a subjectcoveredby the provisions of this Agreementis alsocoveredby a MLA, theprovisionsof this Agreementshallapply. Wherea subjectis coveredby aprovision of aMLA andnot coveredby this Agreement, theprovisionsof theMLA shallprevail. Any disputeasto theapplicablesourcebetweenthisAgreementandany MLA for determining the wages, hours of working conditions of employeeson this Project shall be resolved under the procedures established in Article 10. b) It is understood that this Agreement, together with the referenced MLA' s, constitutesa self - contained, stand -aloneagreementandby virtue of having becomeboundto this CommunityWorkforceAgreement, theContractorwill notbeobligatedto signanyotherlocal, areaor nationalcollectivebargainingagreementasa condition of performingwork within the scopeof this Agreement (provided, however, that the Contractormayberequiredto signa uniformly applied, non - discriminatory Participation Agreement at the requestof the trusteesor administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Participation Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor(s) to have each of its subcontractors sign the documents described herein, with the appropriate Craft Union prior to the subcontractorbeginning work on coveredProjects.

Section 2. 9 Workers' Compensation Carve - out The Unions recognize the potential which the Project Work may provide for the implementation of a cost - effective workers' compensation system, as permitted by revised California Labor Code Section 3201. 5. Should the City request, theUnionpartiesagreeto meetandnegotiatein goodfaithwith representativesof theCity for thedevelopment, andsubsequentimplementation, of aneffectiveprograminvolvingimproved City of Buena Park 8 Community Workforce Agreement
andreviseddisputeresolutionandmedicalcareproceduresfor the delivery of workers' compensationbenefits and medical coverageaspermitted by the California Labor Code.

Section 2. 10 Binding Signatories Only This Agreementshall only be binding on the signatoryPartieshereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Parry.

Section 2. 11 Other Ci . Work This Agreement shall be limited to the construction work within the Scopeof this Agreement including, specifically, site preparation and related demolitionwork, andnew constructionandmajor rehabilitationwork for newor existing facilities referencedin Section2.2 above. Nothing containedherein shall be interpretedto prohibit, restrict, or interfere with the performanceof any other operation, work or function not coveredby this Agreement, which maybeperformedby City Employeesor contractedfor by the City for its own account, on its property or in and arounda Project site.

Section 2. 12 Separate Liability It is understoodthat the liability of the Contractor(s) and the liability of the separateUnions under this Agreement shall be severaland not joint. The Unions agreethat this Agreement doesnot have the effect of creating any joint employment statusbetweenor amongthe City and/or any Contractor.

Section 2. 13 Completed Project Work As areasof Project Work areacceptedby the City, this Agreement shall have no further force or effect on such items or areas except where the Contractoris directedby the City or its representativesto engagein repairs, modification, check- out and/or warranties functions required by its Construction Contracts with the City.

ARTICLE 3

UNION RECOGNITION AND EMPLOYMENT
Section 3. 1 Recognition By executing and delivering the Letter of Assent, the Contractor recognizesthe Council andthe signatorylocal Unions asthe exclusive bargaining representative for the employees engaged in Project Work. Contractors further recognize that the Unions shall be the primary source of all craft labor employed on Project Work. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below.

Section 3. 2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of suchemployeeswithin their craftjurisdiction, andshallhavethe soleresponsibility for selecting employeesto be laid off, unlessexpresslylimited or requiredby a specific provision of this Agreement or an MLA. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subjectto anyrequired reporting pay; provided, however, that such right is exercisedin good faith andnot for the purposeof avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this Agreement.

Section 3. 3 Referral Procedures
a) For signatory Unions now having ajob referral system contained in a MLA, the Contractoragreesto comply with suchsystemand it shall be usedexclusively by such Contractor, exceptasmodified by this Agreement. Suchjob referral systemwill be operatedin a City of Buena Park 9 Community Workforce Agreement
nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non - discrimination. All of the foregoinghiring procedures, including relatedpracticesaffectingapprenticeship, shallbe operatedso asto considerthe goals of the City to encourageemployment of City residentsand utilization of small local businesseson theProject, andto facilitate the ability of all Contractors to meet their employment needs.
b) The local Unions will exert their best efforts to recruit and refer sufficient numbersof skilled craft workersto fulfill the labor requirementsof the Contractor, including specific employmentobligationsto which the Contractormay be legally and/or contractually obligated; andto refer apprenticesasrequestedto develop a larger, skilled workforce. The local Unionswill work with their affiliated regionalandnational unions, to identify andrefer competentcraft personsasneededfor Project Work, andto identify andhire individuals, particularly residentsof the City, for entranceinto joint labor /managementapprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying andbecoming eligible for suchapprenticeshipprograms, all maintainedto increase the available supply of skilled craft personnel for Project Work and future construction work to beundertakenby the City.
c) The Union shallnot knowingly refer anemployeecurrently employedby a Contractor on a City Project to any other Contractor.

Section 3. 4 Non - Discrimination in Referral, Employment, and Contracting The Unions andthe Contractors, by executinganddelivering the Letter of Assent, agreethatthey will not discriminateagainstanyemployeeor applicantfor employmentin hiring anddispatchingonthe basisof race, color, religion, sex, gender, national origin, age, membershipin a labor organization, sexual orientation, political affiliation, marital status, or disability. Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small businessenterprises. The Partiesshalljointly endeavorto assurethat thesecommitmentsare fully met, andthat anyprovisions of this Agreementwhich may appearto interfere with local small businessenterprisessuccessfullybidding for work within the scopeof this Agreementshall becarefullyreviewed, andadjustmentsmadeas, maybeappropriateandagreeduponamongthe Parties, to ensurefull compliancewith the spirit andletter of the City' spoliciesandcommitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work.

Section 3. 5 Employment of Local Residents
a) The Unions andEmployers agreethat, to the extent allowed by law, and aslong as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/ or recruit sufficient numbers of skilled craft " Local Residents" as defined herein, to fulfill the requirements of the Employers. In recognition of the fact that the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties agreeto supportthe hiring of workersfrom theresidentsof thesesurroundingareas. Towards that end, the Parties hereby establish a goal that 30% of all construction labor hours worked on theProjectshallbefrom Veteransandindividualswho havesuccessfullycompletedthe Building TradesMulti -Craft CoreCurriculum Pre - ApprenticeshipProgram, regardlessof wherethey reside, andqualified arearesidentsresiding in the following areas: first, in thosefirst tier zip City of Buena Park 10 Community Workforce Agreement
codeswhich overlap the areacoveredby the City, asreflected on the list of U.S. Postal Service zip codes attached hereto as " Attachment B "; second, within a (10) mile radius from City Hall, as reflected on the list of U. S. Postal Service zip codes attached hereto as Attachment ` B," and; third, within the remainder of the County of Orange. For dispatch purposes, employees described in this Section 3.5 ( a) shall be referred to as " Local Residents." b) A goal of 30% of the total work hours performed on Project Work shall be from Local Residents.

Section 3. 6 To facilitate the dispatch of Local Residents, veterans and individuals who have successfullycompletedthe Building TradesMulti -Craft CoreCurriculumPre - Apprenticeship Program, all Contractors will be required to utilize the Craft Employee Request Form whenever they arerequestingthe referral of any employeefrom a Union referral list for any Covered Project, a sample of which is attached as Attachment C. When area residents, veterans, and individualswhohavesuccessfullycompletedtheBuilding TradesMulti -Craft CoreCurriculum Pre - ApprenticeshipProgramarerequestedby Contractors, the Unionswill refer suchworkers regardlessof their place in the Unions' hiring halls' list andnormal referral procedures.

Section 3. 7 Helmetsto Hardhats The Contractors (by executingthe Letter of Assent) andthe Unionsrecognizea desireto facilitatethe entryinto the building andconstructiontradesof veteranswho areinterestedin careersin thebuilding andconstructionindustry. Theemployers andUnionsagreeto utilize the servicesof the Centerfor Military Recruitment, Assessmentand Veterans Employment ( hereinafter " Center ") and the Center' s " Helmets to Hardhats" program to serveasa resourcefor preliminary orientation, assessmentof constructionaptitude, referral to apprenticeshipprogramsor hiring halls, counselingandmentoring, supportnetwork, employment opportunities and other needsasidentified by the Parties. For purposesof this Agreementtheterm "Eligible Veteran" shallhavethe samemeaningasthe term "veteran" as definedunderTitle 5, Section2108(1) of theUnitedStatesCodeasthesamemaybeamendedor re- codifiedfrom time to time. It shallbethe responsibilityof eachqualified City residentto provide the Unions with proof of his/ her status as an Eligible Veteran. The Unions and Employers agree to coordinate with the Center to create and maintain an integrated database of veteransinterestedin working on ProjectWork andof apprenticeshipandemployment opportunitiesfor Project Work. To the extentpermittedby law, theUnions will give credit to such veterans for bona fide, provable past experience.

Section 3. 8 Core Employees
a) Contractors which are not independently signatory to a Master Labor Agreement may employ, asneeded, first, a member of his core workforce, then an employee through a referral from the appropriate Union hiring hall, then a secondcore employee, then a second employee through the referral system, and so on until a maximum of five ( 5) core employees are employed, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3. 3. In the laying off of employees, the number of core employees shall not exceed one -half plus one of the workforce for an employer with 10or feweremployees, assumingtheremainingemployeesarequalifiedto undertakethe work available. This provision appliesonly to Contractorswhich arenot independentlysignatory to a Master Labor Agreement and is not intended to limit the transfer provisions of the MLA of any trade. As part of this process, and in order to facilitate the contract administration City of Buena Park 11 Community Workforce Agreement
procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the Union referral process, to registerwith the appropriateUnion hiring hall, if any, prior to their first dayof employmentat a Project site.
b) The core work force is comprised of those employees whose names appeared on theContractor's activepayroll for sixty (60) of theonehundred (100) workingdaysimmediately before award of Project Work to the Contractor; who have worked at least two- thousand ( 2,000) hoursin theconstructioncraftin whichtheyareemployedduringtheprior four (4) years; who possessany licenserequired by stateor federal law for the Project Work to beperformed; and who have the ability to safely perform the basic functions of the applicable trade. c) Prior to eachContractor performing any work on the Project, eachContractor shall provide a list of his core employees to the Council. Failure to do so will prohibit the Contractorfrom usinganycoreemployees. Upon requestby anyParty to this Agreement, the Contractorhiring anycoreemployeeshallprovide satisfactoryproof (i.e., payroll records, quarterly tax records, driver' s license, voter registration, postal address, and such other documentation) evidencingthe coreemployee's qualification asa coreemployeeto the Council. d) Hours worked by residents of statesother than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage requirements set forth above.

Section 3. 9 Time for Referral If any Union' s registration and referral system does not fulfill therequirementsfor specificclassificationsrequestedby anyContractorwithin forty-eight 48) hours (excludingSaturdays, Sundays, andholidays), thatContractormayuseemployment sourcesotherthanthe Union registrationandreferral servicesandmay employapplicants meeting such standards from any other available source. The Contractors shall inform the Union of anyapplicantshiredfrom othersourceswithin forty-eight (48) hoursof suchapplicantbeing hired, andsuchapplicantsshallregisterwith the appropriatehiring hall, if any, prior to their first day of employment at a Project site.

Section 3. 10 Lack of Referral Procedure If a signatory local Union does not have ajob referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. The Contractors shall notify the Union of employees so hired, as set forth in Section 3. 5.

Section 3. 11 Union Membership Employees are not required to become or remain union membersor pay duesor feesasa condition of performing Project Work underthis Agreement. Employers shall make and transmit all deductions for union dues, fees, and assessmentsthat havebeenauthorizedby employeesin writing in accordancewith the applicable Master Labor Agreement. Nothing in this Section3.11 is intendedto supersedeindependent requirementsof applicableMasterLabor Agreementsasto thoseEmployersotherwisesignatory to such Master Labor Agreements and as to the employees of those Contractors who are performing Project Work.

Section 3. 12 Individual Seniority Exceptasprovided in Section4.3, individual seniority shall not berecognizedor appliedto employeesworking on City Projects; provided, however, that City of Buena Park 12 Community Workforce Agreement
group and/or classification seniority in a Union' s MLA as of the effective date of this Agreement shall be recognized for purposes of layoffs.

Section 3. 13 Foremen The selection and number of craft foreman and/ or general foreman shallbetheresponsibilityof theContractor. All foremenshalltakeordersexclusivelyfrom the designatedContractorrepresentatives. Craft foremanshallbedesignatedasworking foremanat the request of the Contractors.

ARTICLE 4

UNION ACCESS AND STEWARDS
Section 4. 1 . Access to Project Sites Authorized representatives of the Union shall have accessto Project Work, provided that they do not interfere with the work of employeesand furtherprovidedthatsuchrepresentativesfully complywith postedvisitor, security, andsafety rules.

Section 4. 2 Stewards
a) Eachsignatorylocal Union shallhavethe right to dispatcha working journeypersonasastewardfor eachshiftandshallnotify theContractorin writingof theidentity of the designated steward or stewards prior to the assumption of such person' s duties as steward.

Suchdesignatedstewardor stewardsshallnot exerciseanysupervisoryfunctions. Therewill be no non - working stewards. Stewardswill receivethe regular rateof pay for their respectivecrafts. b) In addition to his/ her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the samewith the employee's appropriate supervisor. Each steward should be concernedonly with the employees of the steward' s Contractor and, if applicable, subcontractor( s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/ her Union duties.
c) When a Contractor has multiple, non - contiguous work locations at one site, the Contractormay request, andtheUnion shallappointsuchadditionalworking stewardsasthe Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.
d) The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 4. 3 Steward Layoff/ Discharge The Contractor agreesto notify the appropriate Uniontwenty -four (24) hoursbeforethelayoff of asteward, exceptin thecaseof disciplinary dischargefor just cause. If thestewardis protectedagainstsuchlayoff by theprovisionsof the applicableMLA, suchprovisionsshallberecognizedwhenthe stewardpossessesthenecessary qualifications to perform the remaining work. In any casein which the steward is discharged or disciplinedforjust cause, theappropriateUnionwill benotified immediatelyby theContractor, andsuchdischargeor disciplineshallnotbecomefinal (subjectto anylaterfiled grievance) until twenty -four (24) hours after such notice have been given.

City of Buena Park 13 Community Workforce Agreement
Section 4. 4 Employees on Non - Project Work On work wherethe personnelof the City maybeworking in closeproximity to theconstructionactivitiescoveredby this Agreement, the Union agrees that the Union representatives, stewards, and individual workers will not interfere with the City personnel, or with personnelemployedby the anyotheremployernot aPartyto this Agreement.

ARTICLE 5

WAGES AND BENEFITS
Section 5. 1 Wages All employees covered by this Agreement shall be classified in accordancewith work performedandpaid by the Contractorsthe hourly wageratesfor those classifications in compliance with the applicable prevailing wage rate determination established pursuantto applicablelaw. If aprevailing rateincreasesunderlaw, the Contractorshallpay that rate asof its effective dateunderthe law. Notwithstanding any other provision in this Agreement, Contractorsdirectly signatoryto oneor moreof the MLAs arerequiredto pay all of the wagessetforth in thoseMLAs without referenceto the forgoing.

Section 5. 2 Benefits
a) Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA and make all employee — authorized deductions in the amounts designated in the appropriate MLA, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination.

Notwithstandinganyotherprovisionin this Agreement, Contractorsdirectly signatoryto oneor more of the MLA are required to make all contributions set forth in those MLA without referenceto the foregoing. Bona fide jointly- trusteedbenefit plans or authorized employee deductionprogramsestablishedor negotiatedunderthe applicableMLA or by the Partiesto this Agreementduring the life of this Agreementmay beadded.
b) The Contractoradoptsandagreesto beboundby thewritten terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administerthetrustfundsandherebyratifies andacceptsthetrusteessoappointedasif madeby the Contractor.
c) EachContractorandsubcontractoris requiredto maintainrecordsevidencingthat it haspaid all benefit contributionsdueandowing to the appropriatetrust(s) prior to the receipt of its final paymentand/or retention. Further, aUnion shallwork with anyprime Contractoror subcontractor who is delinquent in payments to assure that proper benefit contributions are made.

In the eventof failure of a prime Contractor or subcontractorto timely makethe delinquent payments, aUnion mayrequestthat the City or the prime Contractorwithhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed.

Section 5. 3 WagePremiums Wagepremiums, including but not limited to pay basedon height of work, hazardpay, scaffoldpay, andspecialskills shall not be applicableto work under City of Buena Park 14 Community Workforce Agreement
this Agreement, exceptto the extentprovidedfor in anyapplicableprevailingwage determination.

Section 5. 4 Compliance with Prevailing Wage Laws The Parties agreethat the City shall monitor the compliance by all Contractors and subcontractorswith all applicable federal and stateprevailing wage laws and regulations, and that suchmonitoring shall include Contractors engaged in what would otherwise be Project Work but for the exceptions to Agreement coverage in Article 2, Section2.2. All complaints regardingpossibleprevailing wageviolations shall be referredto theCity for processing, investigation, andresolution, andif not resolvedwithin thirty calendardays, may be referredby any party to the statelabor commissioner.

ARTICLE 6

WORK STOPPAGES AND LOCK - OUTS
Section 6. 1 No Work Stoppages or Disruptive Activity The Council and the Unions signatoryhereto agreethat neither they, and eachof them, nor their respectiveofficers or agents or representatives, shall incite or encourage, condoneor participate in any strike, walk -out, slow- down, picketing, observingpicket linesor otheractivity of anynatureor kind whatsoever, for any causeor dispute whatsoeverwith respectto or any way related to Project Work, or which interfereswith or otherwisedisrupts, ProjectWork, orwith respectto or relatedto theCity or Contractors or subcontractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes andjurisdictional strikes whether or not the underlying disputeis arbitrable. Any suchactionsby the Council, or Unions, or their members, agents, representatives, or the employees they represent shall constitute a violation of this Agreement. The Council andthe Union shall take all stepsnecessaryto obtain compliancewith this Article and neither should be held liable for conduct for which it is not responsible.

Section 6. 2 EmployeeViolations The Contractor may dischargeany employeeviolating Section 6.1 above and any such employee will not be eligible for rehire under this Agreement.

Section 6. 3 Standingto Enforce The City or any Contractoraffectedby anallegedviolation of Section6.1 shall have standingandthe right to enforcethe obligations establishedtherein.

Section 6. 4 Expiration of the MLA' s If the MLA, or any local, regional, and other applicablecollective bargainingagreementsexpire during the term of ProjectWork, the Union(s) agreethat there shall be no work disruption of any kind asdescribed in Section 6.1 above as a result of the expiration of any such agreement(s) having application on Project Work and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two ( 2) options, both of which will be offered by the Unions involved to the Contractors affected:
a) Eachof theUnions with a contractexpiring mustoffer to continueworking on the Projectunderinterim agreementsthatretainall thetermsof the expiring contract, exceptthatthe Unions involved in suchexpiring contract may eachproposewage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the City of Buena Park 15 Community Workforce Agreement
Union' s interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to anyotheremployeror groupof employerscoveringthe sametypeof constructionwork in OrangeCounty.
b) Eachof the Unionswith a contractexpiring mustoffer to continueworking on the Projectunderall the termsof the expiring contract, including thewageratesandemployer contributionratesto the employeebenefitfunds, if the Contractoraffectedby that expiring contract agreesto the following retroactive provisions: if a new MLA, local, regional or other applicablelabor agreementfor the industry having application at the Project is ratified and signed during the term of this Agreement and if suchnew labor agreementprovides for retroactivewageincreases, theneachaffectedContractorshallpayto its employeeswho performed work coveredby this Agreement at the Project during the hiatus betweenthe effective datesof suchexpiredandnewlabor agreements, anamountequalto any suchretroactivewage increaseestablishedby suchnewlaboragreement, retroactiveto whateverdateis providedby the new labor agreement for such increase to go into effect, for each employee' s hours worked on the Project during the retroactive period. All Parties agreethat such affected Contractors shall be solely responsiblefor anyretroactive paymentto its employees. c) SomeContractorsmay elect to continueto work on the Project underthe terms of the interim agreementoptionofferedunderparagraph (a) aboveandother Contractorsmay elect to continue to work on the Project under the retroactivity option offered under paragraph (b) above. To decide between the two options, Contractors will be given one week after the particular laboragreementhasexpired or oneweekafter the Union haspersonallydeliveredto the Contractors in writing its specific offer of terms of the interim agreementpursuant to paragraph (a) above, whichever is the later date. If the Contractorfails to timely selectone of the two options, the Contractor shall be deemed to have selected option ( b).

Section 6. 5 No Lockouts Contractors shall not cause, incite, encourage, condone, or participatein anylock -outof employeeswith respectto ProjectWork duringthetermof this Agreement. The term "lock -out" refers only to a Contractor's exclusion of employeesin order to securecollective bargaining advantage, anddoesnot refer to the discharge, termination or layoff of employeesby the Contractorfor anyreasonin the exerciseof rightspursuantto anyprovision of this Agreement, or any other agreement, nor does "lock -out" include the City' s decision to stop, suspendor discontinueanyProject Work or anyportion thereoffor any reason.

Section 6. 6 Best Efforts to End Violations
a) If a Contractorcontendsthat thereis any violation of this Article or Section7.3, it shall notify, in writing, the Executive Secretary of the Council, the Senior Executive of the involvedUnion(s) andtheCity. TheExecutiveSecretaryandtheleadershipof theinvolved Union(s) will immediatelyinstruct, order, andusetheir besteffortsto causethe cessationof any violation of the relevant Article.
b) If the Union contendsthat any Contractorhasviolated this Article, it will notify that the Contractor and the City, setting forth the facts which the Union contends violate the Agreement, at leasttwenty -four (24) hoursprior to invoking theproceduresof Section6.8. The City shall promptly order theinvolved Contractor(s) to ceaseanyviolation of the Article.

City of Buena Park 16 Community Workforce Agreement
Section 6. 7 Withholding of servicesfor failure topay wagesand fringe benefits Notwithstanding anyprovision of this Agreementto the contrary, it shall not be a violation of this Agreement for any Union to withhold the servicesof its members (but not the right to picket) from a particular Contractor who:
a) fails to timely pay its weekly payroll; or
b) fails to make timely paymentsto the Union' s Joint Labor/Management Trust Fundsin accordancewith the provisionsof the applicableMLA. Prior to withholding its members' servicesfor the Contractor's failure to maketimely paymentsto the Union' s Joint Labor/ Management Trust Funds, the Union shall give at least ten ( 10) days ( unless a lesser periodof time is providedin theUnion'sMLA, but in no eventlessthanforty-eight (48) hours) written notice of suchfailure to pay by registeredor certified mail, return receipt requested, and by facsimiletransmissionto the involvedContractorandto the City. Union will meetwithin the ten (10) day period to attemptto resolvethe dispute.
c) Upon thepaymentof the delinquentContractorof all moniesdueandthenowing for wages and/ or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work.

Section 6. 8 Expedited Enforcement Procedure Any parry, including the City, which the Partiesagreeis aPartyto theAgreementfor purposesof this Article andanintendedbeneficiary of this Article, may institute the following procedures, in lieu of or in addition to any otheraction at law or equity, when a breach of Section 6.1 or 6.5, above, or Section 7.3 is alleged. a) ThePartyinvoking this procedureshallnotify Louis Zigman who hasbeen selectedby the negotiating Parties, andwhom the Partiesagreeshall be the permanent arbitrator underthis procedure. If thepermanentarbitratoris unavailableat anytime, theparty invoking this procedure shall notify one of the alternatesselectedby the Parties, asset forth under section

9.2, Step3 (a), in that order on analternatingbasis. Expensesincurredin arbitration shallbe borne equally by the Parties involved in the arbitration andthe decision of the arbitrator shall be final andbinding on the Parties, provided, however, that the arbitrator shall not havethe authorityto alteror amendor addto or deletefrom theprovisionsof this Agreementin anyway.

Notice to the arbitrator shall be by the most expeditiousmeansavailable, with noticesto the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposesof this Article, written noticemay be given by telegram, facsimile, handdelivery or overnight mail and will be deemed effective upon receipt. b) Upon receipt of said notice, the arbitrator named above or his/ her alternate shall sit andhold a hearingwithin twenty -four (24) hoursif it is contendedthatthe violation still exists, but not soonerthan twenty -four (24) hours after notice hasbeendispatchedto the Executive Secretaryand the Senior Official( s) asrequired by Section 6.6, as above. c) The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recessesat the arbitrator'sdiscretion, shallnot exceed24hoursunlessotherwiseagreeduponby all Parties. A City of Buena Park 17 Community Workforce Agreement
failure of anyPartyor Partiesto attendsaidhearingsshallnot delaythe hearingof evidenceor the issuanceof any award by the arbitrator.
d) The soleissueat the hearing shall be whether or not aviolation of Sections6.1 or

6.5, above, or Section7.3 hasin fact occurred. The arbitrator shall haveno authority to consider any matter in justification, explanation, or mitigation of suchviolation or to award damages, except for damages as set forth in 6. 8 below) which issue is reserved for court proceedings, if any. The awardshallbeissuedin writing within three (3) hoursafterthe closeof thehearingand may be issuedwithout an opinion. If any Party desiresa written opinion, one shall be issued within fifteen (15) days, but its issuanceshallnot delay compliancewith, or enforcementof, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, andsuchawardshallbeservedon all Partiesby handor registeredmail uponissuance. e) Suchawardshallbefinal andbinding on all Partiesandmay beenforcedby any court of competentjurisdiction upon the filing of this Agreementand all otherrelevant documentsreferredto hereinabovein thefollowing manner. Writtennoticeof thefiling of such enforcementproceedingsshallbe given to the otherParty. In anyjudicial proceedingto obtain a temporary order enforcing the arbitrator' s award as issued under Section 6.7(d) of this Article, all Partieswaive the right to ahearingandagreethat suchproceedingsmay be exparte. Such agreementdoesnot waive any Party's right to participate in a hearing for a final orderof enforcement. The court' s order or orders enforcing the arbitrator' s award shall be servedon all Parties by hand or by delivery to their address as shown on this Agreement ( for a Union), as shown on their business contract for work under this Agreement ( for a Contractor) and to the representing Union ( for an employee), by certified mail by the Partyor Partiesfirst allegingthe violation.
f) Any rights createdby statuteor law governing arbitration proceedings inconsistentwith the aboveprocedureor which interferewith complianceheretoarehereby waived by the Partiesto whom they accrue.
g) The feesandexpensesof the arbitrator shall beequally divided betweenthe Party or Parties initiating this procedure and the respondentParty or Parties.

ARTICLE 7

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
Section 7. 1 Assignmentof Work The assignmentof Project Work will be solely the responsibility of the Contractor performing the work involved; and such work assignmentswill be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the " Plan") or any successorPlan.

Section 7. 2 The Plan All jurisdictional disputeson ProjectWork betweenor amongthe building and construction tradesUnions and the Contractor parties to this Agreement, shall be settledand adjustedaccordingto the presentPlan establishedby the Building andConstruction TradesDepartment or any other plan or method of procedure that may be adoptedin the future by theBuilding andConstructionTradesDepartment. Decisionsrenderedshallbefinal, binding, and conclusive on the Employers and Unions parties to this Agreement.

City of Buena Park 18 Community Workforce Agreement
a) If a dispute arising underthis Article involves the SouthwestRegional Council of Carpentersor anyof its subordinatebodies, anArbitrator shall bechosenby the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, RobertHirsch, andThomasPagan, andtheArbitrator' shearingon the disputeshallbe held at the offices of the Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

Section 7. 3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolvedwithout the occurrenceof any strike, work stoppage, or slow -down of anynature, and the Contractor' s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.

Section 7. 4 Pre -Job Conferences As provided in Article 13, each Contractor will conduct a prejob conferencewith the appropriateaffectedUnion(s) prior to commencingwork. The Council and the Community Workforce Coordinator shall be advised in advanceof all such conferencesandmay participate if they wish.

Section 7. 5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathystrike, work stoppage, slow down, picketing, hand- billing or otherwiseadvisingthe public thatalabordisputeexists, or interferencewith the progressof ProjectWork by reasonof a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if suchproceduresarein the plan thencurrently in effect, or otherwiseasin Article 6 above.

ARTICLE 8

MANAGEMENT RIGHTS
Section 8. 1 Contractor and City Rights The Contractorsandthe City havethe sole and exclusive right and authority to oversee and manage construction operations on Project Work, as setforthin thisArticle, without anylimitationsunlessexpresslylimited orrequiredby another Article of this Agreementor anMLA. In addition to the following andotherrights of the Contractorsenumeratedin this Agreement, the Contractorsexpresslyreservetheir management rights and all the rights conferred upon them by law. The Contractor' s rights include, but arenot limited to, the right to:
a) Plan, direct and control operations of all work;
b) Hire, promote, transferand layoff their own employees, respectively, asdeemed appropriate to satisfy work and/ or skill requirements; c) Promulgateandrequireall employeesto observereasonablejob rulesandsecurity and safety regulations;
d) Discharge, suspend or discipline their own employees for just cause; e) Utilize, in accordancewith City approval, any work methods, proceduresor techniques, and select, use and install any types or kinds of materials, apparatusor equipment, City of Buena Park 19 Community Workforce Agreement
regardless of source of manufacture or construction; assign and schedule work at their discretion; and
f) Assign overtime, determinewhen it will beworked, andthe numberandidentity of employees engaged in such work, subject to such provisions in the applicable MLA( s) requiring suchassignmentsbeequalizedor otherwisemadein a nondiscriminatorymanner.

Section 8.2 Specific City Rights In addition to the following andotherrights of the City enumeratedin this Agreement, the City expresslyreservesits managementrights and all the rights conferredon it by law. The City' srights (and thoseof the CWA Coordinator on its behalf) include but are not limited to the right to:
a) Inspect any construction site or facility to ensurethat the Contractor follows the applicable safety and other work requirements;
b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location;
c) At its soleoption, terminate, delay and/or suspendany andall portions of Project Work at anytime; prohibit someor all work on certaindaysor duringcertainhoursof thedayto accommodatethe ongoing operationsof the City' s facilities and/or to mitigate the effect of ongoing Project Work on businessesand residents in the neighborhood of the Project site; and/or require such other operational or schedulechangesit deemsnecessary, in its solejudgment, to effectively maintain its primary mission and remain a good neighbor to those in the areaof its facilities. ( In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affectedContractor(s) andUnion(s) with reasonablenotice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to adviseemployeesnot to report for work, show -up pay shall be duepursuantto the applicable MLA;
d) Approve any work methods, proceduresand techniquesusedby Contractors whether or not thesemethods, proceduresor techniques arepart of industry practices or customs; and
e) Investigate and process complaints, in the matter set forth in Articles 6 and 9.

Section 8. 3 Use of Materials Thereshould be no limitations or restriction by Union upon a Contractor' s choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembledmaterials, tools or other labor saving devices, subjectto the application of the State Public Contractsand Labor Codesasrequired by law in referenceto offsite construction.

Generally, the onsiteinstallation or applicationof suchitemsshall beperformedby the craft havingjurisdiction over suchwork. The City shall adviseall Contractorsof, andenforceas appropriate, the off -site application of the prevailing wage law asit affects Project Work.

Section 8.4 New Technology and Equipment Installation
a) The Parties recognize that the Contractor will initiate from time to time the use of City of Buena Park 20 Community Workforce Agreement
new technology, equipment, machinery, tools, and other labor - savings devices and methods of performing Project Work. The Union agreesthat they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install, or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.
b) If any disagreementbetweenthe Contractor andthe Unions concerningthe methodsof implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre - assembleditem is a standardized or catalog part or item, the work will precedeasdirectedby the Contractorandthe Partiesshall immediately consult over the matter. If the disagreement is not resolved, the affected Union( s) shall have the right to proceed through the procedures set forth in Article 9.

ARTICLE 9

SETTLEMENT OF GRIEVANCES AND DISPUTES
Section 9. 1 Cooperation and Harmony on Site
a) This Agreement is intended to establish and foster continued close cooperation between management and labor. The Council shall assign a representative to Project Work for the purposeof assistingthe local Unions, and working with the City and the Contractors, to complete the construction of Project Work economically, efficiently, continuously and without any interruption, delays or work stoppages.
b) The Contractors, Unions, andemployeescollectively and individually, realize the importanceto all Partiesof maintaining continuous and uninterruptedperformanceof Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 6 or 7.
c) The Unions and/or Council shall overseethe processing of grievances under this Article andArticles 6 and7, including the schedulingand arrangementsof facilities for meetings, selection of the arbitrator from the agreed -upon panel to hearthe case, and any other administrativemattersnecessaryto facilitate the timely resolutionof any dispute; provided, however, it is the responsibility of the principal parties to any pending grievanceto insure the time limits and deadlines are met.

Section 9. 2 Processing Grievances Any questions arising out of andduring the term of this Agreement involving its interpretation and application, which includes applicable provisions of the MLA' s, but not jurisdictional disputes or alleged violations of Section 6. 1 and 6. 4 and similar provisions, shallbeconsidereda grievanceandsubjectto resolutionunderthe following procedures.

Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten ( 10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor statingthe provision(s) allegedto havebeenviolated. A business City of Buena Park 21 Community Workforce Agreement
representative of the local Union or the job steward and the work site representative of the involved Contractorshall meetandendeavorto resolvethe matter within ten (10) working days after timely notice hasbeengiven. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working daysthereafter, pursue Step2 of this grievance procedureprovided the grievanceis reducedto writing, setting forth the relevant information, including a short descriptionthereof, the dateon which the allegedviolation occurred, andthe provision( s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non - precedential except asto the parties directly involved.

Union or Contractor Grievances Should the Union( s) or any Contractor have a disputewith the otherParty(ies) and, if after conferringwithin ten (10) working daysafter the disputing Parry knew or should have known of the facts or occurrence giving rise to the dispute, a settlementis not reachedwithin five (5) working days, the disputeshall bereducedto writing andprocessedto Step2 in the samemanner as outlined in 1(a) above for the adjustmentof an employee complaint.

Step2. The business manager of the involved local Union or his designee, together with the site representative of the involved Contractor, shall meet within seven ( 7) working days of the referral of the dispute to this secondstep to arrive at a satisfactory settlement thereof. If the Partiesfail to reachanagreement, the disputemay be appealedin writing in accordancewith the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step2.

Step 3. ( a) If the grievance shall have been submitted but not resolved under Step 2, either the Union or Contractor Parry may request in writing to the other party to the grievance ( with copy ( ies) to the other Party (ies)) within seven (7) working days (weekends and holidays excluded) after the initial Step2 meeting, that the grievancebe submitted to an arbitrator selected from the agreed upon list below, on a rotational basis in the order listed. Those arbitrators are: ( 1) Edna Francis; ( 2) Louis Zigman; ( 3) Fredric Horowitz; ( 4) Sara Adler; ( 5) William Rule; ( 6) Walt Daugherty; and (7) Michael Rappaport. The decision of the arbitrator shall be final and binding on all Parties and the fee and expensesof such arbitrations shall be borne equally by the involved Contractor(s) andthe involved Union(s). b) Failure of the grieving Parry to adhereto the time limits established herein shall render the grievance null and void. The time limits established herein maybe extendedonly by written consentof thePartiesinvolved at theparticular stepwherethe extensionis agreedupon. The arbitrator shall havethe authority to makedecisionsonly on issues presentedand shall not have the authority to change, amend, add too, or detract from any of the provisions of this Agreement.
c) The feesand expensesincurred by the arbitrator, aswell asthose jointly utilized by the Parties ( i. e., conference room, court reporter, etc.) in arbitration, shall be divided equally by the Partiesto the arbitration, including Union(s) and Contractor(s) involved.

Section 9. 3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 6 or 7, with a single exception that any employee dischargedfor violation of Section6.2, or Section7.3, may resortto the proceduresof this Article to determine only if he /shewas, in fact, engagedin that violation.

City of Buena Park 22 Community Workforce Agreement
Section 9. 4 Notice The City shall be notified by the involved Contractor of all actions at Steps2 and 3, and further, the City may, in its sole discretion, designatea City staff memberto participate fully asaparty in all proceedingsat suchsteps.

ARTICLE 10

REGULATORY COMPLIANCE
Section 10. 1 Compliance with All Laws The Council and all Unions, Contractors, subcontractors and their employed shall comply with all applicable federal and state laws, ordinancesandregulationsincluding, but not limited to, thoserelating to safetyandhealth, employment, andapplications for employment. All employeesshall comply with the safety regulationsestablishedby the City or the Contractor. Employeesmustpromptly report any injuries or accidents to a supervisor.

Section 10. 2 Monitoring 1piance The Parties agreethat the City shall require, and that the Council andUnions may monitor, complianceby all Contractorsandsubcontractorswith all federal and statelaws regulation that, from time to time may apply to Project Work. It shall be the responsibility of the Council to investigate or monitor compliance with these various laws and regulations. The Council may recommend to the City procedures to encourage and enforce compliance with these laws and regulations.

Section 10. 3 Prevailing Wage Compliance The Council or Union shall refer all complaints regarding any potential prevailing wage violation to the City, who shall process, investigate, and resolve such complaints, consistent with Article 5, Section 5.4. The Council or Union, asappropriate, shall be advisedin a timely mannerwith regardto the facts and resolution; if any, of any complaint. It is understoodthat this Sectiondoesnot restrict anyindividual rights asestablishedunderthe StateLabor Code, including the rights of an individual to file a complaint with the State Labor Commissioner.

Section 10. 4 Violations of Law Basedupon a finding of violation by the City of a federal and state law, and upon notice to the Contractor that it or its subcontractors is in such violation, the City, in the absenceof the Contractoror subcontractorremedying suchviolation, shall take suchaction asit is permitted by law or contract to encouragethat Contractorto comeinto compliance, including, but not limited to, assessingfines andpenaltiesand/or removing the offending Contractorfrom Project Work. Additionally, in accordancewith the Agreement betweenthe City andthe Contractor, the City may causethe Contractor to remove from Project Work any subcontractorwho is in violation of stateor federal law.

ARTICLE 11

SAFETY AND PROTECTION OF PERSON AND PROPERTY
The Parties adopt the Los Angeles /Orange Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attachedhereto asAttachment D and which shall be the policy and procedure utilized under this Agreement.

City of Buena Park 23 Community Workforce Agreement
ARTICLE 12

APPRENTICES
Section 12. 1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designedto develop adequatenumbers of competentworkers in the construction industry, the obligation to capitalize on the availability of the local work force in the areaservedby the City, and the opportunitiesto provide continuing work underthe construction program. To these ends, the Parties will facilitate, encourage, and assist local residentsto commenceandprogressin Labor/ManagementApprenticeshipand/or training Programsin the construction industry leading to participation in suchapprenticeshipprograms.

The City andthe Council will work cooperatively to identify, or establishand maintain, effective programs andproceduresfor personsinterestedin entering the construction industry and which will help preparethem for the formal joint labor /managementapprenticeshipprograms maintained by the signatory Unions.

Section 12. 2 Use of Apprentices
a) Apprentices used on Projects under this Agreement shall be registered in Joint Labor ManagementApprenticeship Programsapprovedby the Stateof California. Apprentices may comprise up to thirty percent ( 30 %) of eachcraft' s work force at any time, unlessthe standardsof the applicablejoint apprenticeshipcommittee confirmed by the Division of Apprenticeship Standards ( " DAS "), establish a lower or higher maximum percentage. Where the standardspermit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent ( 30 %) apprentices on the Project. b) The Unions agreeto cooperatewith the Contractor in furnishing apprenticesas requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers. The Unions will assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.
c) The Partiesagreethat apprenticeswill not be dispatchedto Contractorsworking under this Agreement unlessthere is ajourneyman working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice' s progress through the program in which he is participating.
d) All apprentices shall work under the direct supervision of a journeyman from the tradein which the apprenticeis indentured. A j ourneymanshall be defined assetforth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman asapersonwho haseither completedan accreditedapprenticeshipin his or her craft, or hascompleted the equivalent of an apprenticeshipin length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman' s qualification under this City of Buena Park 24 Community Workforce Agreement
subsection, the Contractor shall provide adequateproof evidencingthe worker' s qualification as a journeyman to the Council.

ARTICLE 13

PRE - JOB CONFERENCES
Eachprime Contractorwhich is awardeda ConstructionContractby the City for Project Work shall conduct a pre job conference with the appropriate affected Union( s) prior to commencingwork. All Contractorswho havebeenawardedcontractsby the prime Contractor shall attendthe prejob conference. The Council andthe Community Workforce Coordinator shallbeadvisedin advanceof all suchconferencesandmay participateif they wish. All work assignmentsshall be disclosed by the prime Contractor and all Contractors at the prejob conferencein accordancewith industry practice. ShouldtherebeProjectWork that wasnot previously discussedat the prejob conference, or additional project work be added, the contractors performing such work will conduct a separateprejob conference for such newly included work. Should therebe any formal jurisdictional disputeraisedunderArticle 8, the Community Workforce Coordinator shall be promptly notified. Prime Contractor shall have available at the prejob conferencethe plans anddrawing for the work to be performed on the Project.

ARTICLE 14

WORK OPPORTUNITIES PROGRAM
Section 14. 1 The Parties to this Agreement support the development of increased numbers of skilled construction workers from among the Local Residentsresiding within the geographic area servicedby the City, to meetthe labor needsof City Projects, specifically, and the requirements of the local construction industry generally. Towards that end the Partiesagreeto cooperate respecting the establishment of a work opportunities program for these Local Residents, the primary goalsof which shall beto maximize constructionwork opportunitiesfor traditionally underrepresentedmembers of the community. In furtherance of the foregoing, the Unions specifically agree to:
a) Encouragethereferralandutilization, to the extentpermittedby law andhiring hall practices, of qualified Local Residents as journeymen, and apprentices on Project Work and entranceinto suchqualified apprenticeshipandtrainingprogramsasmaybeoperatedby signatory Unions; and
b) Assist Local Residents in contacting pre - apprenticeship programs that utilize the Building Tradesmulti -craft corecurriculum (MC3) andthe ApprenticeshipTraining Committees for the crafts andtradesthey areinterested in. The Unions shall assistLocal Residentswho are seekingUnion jobs on Project Work andUnion membershipin assessingtheir work experience and giving them credit for provablepastexperiencein their relevant craft or trade, including experiencegainedworking for non -union Contractors. The Unions shall put on their rolls qualified bona fide Local Residents for work on Project Work; and C) Supportlocal eventsandprogramsdesignedto recruit and develop adequate numbers of qualified workers in the construction industry.

City of Buena Park 25 Community Workforce Agreement
ARTICLE 15

SAVINGS AND SEPARABILITY
Section 15. 1 Savings Clause It is not the intention of the City, Contractor, or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agreethat in theeventanyprovision of this Agreementis finally held or determinedto beillegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agreethat if andwhenanyprovision(s) of this Agreementis finally held or determinedto be illegal or void by a courtof competentjurisdiction, thePartieswill promptly enterinto negotiationsconcerning the substantiveeffect of such decision for the purposesof achieving conformity with the requirementsof anyapplicablelawsandthe intent of thePartieshereto. If the legality of this Agreementis challengedandany form of injunctive relief is grantedby any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agreethat all Project Work that would otherwise be coveredby this Agreement should be continued to be bid and constructedwithout application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

Section 15. 2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolutediscretion, the utilization of the Agreementaspart of anybid specificationshoulda Court of competentjurisdiction issueany order, or any applicablestatute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding suchan action by the City, or suchcourt order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on coveredProject Work to the maximum extent legally possible.

ARTICLE 16
WAIVER
A waiver of or a failure to assertanyprovisions of this Agreementby any or all of the Parties heretoshallnot constituteawaiver of suchprovision for the future. Any suchwaiver shallnot constitute a modification of the Agreement or change in the terms and conditions of the Agreementandshallnot relieve, excuseor releaseanyof the Partiesfrom anyof their rights, duties or obligations hereunder.

ARTICLE 17

AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded, or otherwise alteredonly by mutualagreementin writing, hereaftersignedby the negotiatingPartieshereto.

ARTICLE 18

DURATION OF THE AGREEMENT
Section 18. 1 Duration
City of Buena Park 26 Community Workforce Agreement
a) This Agreementshall beeffective from the datesignedby all Partiesfor all Construction Contracts awardedby the City for Project Work resulting from a requestfor bids issuedby the City after January 1, 2022, andshall remain in effect for aperiod of five (5) years; provided, however, that this Agreementmay be extendedby mutual written agreementof the Parties. Any coveredProject Work awardedduring the term of this Agreement shall continue to be coveredhereunderuntil completion of the Project Work, notwithstanding the expiration date of this Agreement.
b) This Agreementmay be extendedby mutual consentof the City andthe signatory Unions for such further periods as the Parties shall agree to.

Section 18. 2 Turnover and Final Acceptance of Completed Work a) Construction of any phase, portion, section, or segmentof Project Work shall be deemedcompletewhen suchphase, portion, section, or segmenthasbeenturnedoverto the City by the Contractor andthe City has acceptedsuchphase, portion, section, or segmentas complete.

As areas and systems of the Project Work are inspected and construction- tested and/ or approved andacceptedby the City or third partieswith the approvalof the City, the Agreementshall have no further force or effect on suchitems or areas, exceptwhenthe Contractoris directedby the City to engageand repairs or modifications required by its Construction Contract(s) with the City.
b) Notice of eachfinal acceptanceof Project Work receivedby the Contractor will be provided to the Council with the description of what portion, segment, etc. has been accepted.

Final acceptancemay be subjectto a "punch" list, and in suchcase, the Agreement will continue to applyto eachsuchitem on the list until it is completedto the satisfactionof the City and Notice of Completion is issuedby the City or its representativeto the Contractor. At the request of the Union, complete information describing any "punch" list work, aswell asany additional work requiredof a Contractorat the direction of the City pursuantto (a) above, involving otherwiseturned -over andcompletedfacilities which havebeenacceptedby the City, will be available from the Community Workforce Coordinator.

IN WITNESS whereof the Partieshave causedthis Community Workforce Agreementto be executed as of the date and year above stated.

City of Buena Park

LOS ANGELES / ORANGE COUNTIES

BUILDING & CONSTRUCTION

TRADES COUNCIL
M.

Chris Hannan
Executive Secretary
27 Community Workforce Agreement
QocuSign Envelope ID: 109E273D - AADF- 443E - 9278- 16853FED719F

LOS ANGELES / ORANGE COUNTIES BUILDING AND CONSTRUCTION TR AT) F.4 COT TNCTT, CRAFT UNIONS AND DISTRICT CQUNCILS Asbestos Heat & Frost Insulators ( Local 5)
Boilermakers ( Local 92)
Bricklayers & Allied Craftworkers ( Local 4)
Cement Masons ( Local 500)
Electricians ( Local 441)
Elevator Constructors ( Local 18)
Gunite Workers ( Local 345)
Iron Workers ( Reinforced — Local 416)
Iron Workers ( Structural — Local 433)
District Council of Laborers
Laborers Local 652
Laborers ( Local 300) ( remediation)
Laborers ( Local 1184)
OperatingEngineers (Local 12)
Operating Engineers (Local 12)
OperatingEngineers (Local 12)
Painters & Allied Trades DC 36
Pipe Trades ( Pipefitters Local 250)
Pipe Trades ( Local 345)
Pipe Trades ( Plumbers Local 582)
Pipe Trades ( Sprinkler Fitters Local 709)
Plasterers ( Local 200)
Plaster Tenders Local ( 1414)
Roofers & Waterproofers ( Local 220)
Sheet Metal Workers ( Local 105)
Teamsters ( Local 952)
Teamsters ( Local 986)
Southwest Regional Council of Carpenters
Lk-,.!t % u Mom ei , NG-
City of Buena Park 28 Community Workforce Agreement
ATTACHMENT A — LETTER OF ASSENT
To besignedby all contractorsawardedwork coveredby the
Community Workforce Agreementprior to commencingwork.

Contractor' s Letterhead]
City of Buena Park
6650 Beach Blvd.

Buena Park, CA 90621
Attn:

Re: Community Workforce Agreement - Letter of Assent
Dear Sir:

Thisis to confirmthat [nameof company] agreesto bepartyto andboundby the City of Buena Park Community Workforce Agreement effective , 202_, as suchAgreement may, from time to time, be amendedby the negotiatingparties or interpretedpursuantto its terms. Such obligation to be aparty andboundby this Agreementshall extendto all work coveredby the agreementundertakenby this Companyontheproject andthis Companyshallrequireall of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scopeof the Agreementby signing andfurnishing to you an identical letter of assentprior to their commencement of work.

Sincerely.

Name of Construction Company]
By: [ ] Name and Title of Authorized Executive
Contractor' s State License No:

Project Name:

Copies of this letter must be submitted to the City and to the Council] City of Buena Park 29 Community Workforce Agreement

ATTACHMENT B

LOCAL RESIDENT ZIP CODES
TIER 1

CITY RESIDENTS
90620
90621
TIER 2
90240 90716 92708
90241 90720 92801
90242 90723 92802
90280 90740 92804
90601 90755 92805
90602 90803 92806
90603 90804 92807
90604 90805 92821
90605 90806 92823
90606 90807 92831
90623 90808 92832
90630 90814 92833
90631 90815 92835
90638 90840 92840
90639 91745 92841
90650 91748 92843
90660 91765 92844
90670 92647 92845
90680 92649 92865
90701 92655 92866
90703 92683 92867
90706 92703 92868
90712 92704 92870
90713 92705 92886
90715 92706
TIER 3

THE REMAINING ZIP CODES IN ORANGE COUNTY
City of Buena Park 30 Community Workforce Agreement

ATTACHMENT C

CITY OF BUENA PARK

CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill thehiring requirementsfor thisproject. After faxingyourrequest, pleasecalltheLocalto verify receiptand substantiatetheir capacity to furnish workers asspecified below. Pleaseprint your Fax Transmission Verification Reports andkeep copies for your records.

The City of Buena Park Community Workforce Agreement establishes a goal that 30% of all of the labor and craft positionsshallbefrom Veteransandindividualswho havesuccessfullycompletedtheBuildingTradesMulti -Craft CoreCurriculum Pre - ApprenticeshipProgram, regardlessof wherethey reside, andqualified arearesidentsresiding:
first, in thosefirst tier zip codeswhich overlapthe areacoveredby theCity, asreflectedonthe list of U.S. Postal Service zip codes attached hereto as " Attachment B ", second, within a (10) mile radius from City Hall, asreflected on the list of U. S. Postal Service zip codes attached hereto as Attachment ` B," and third, within the remainder of the County of Orange. For dispatch purposes, employeesdescribedherein shall be referred to as "Local Residents." TO THE UNION: Pleasecomplete the "Union Use Only" section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY
To: Union Local # Fax#
Cc: Community Workforce Coordinator
From: Company:

Contact Phone:

Issued By:

Contact Fax:

Date:

PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft
Classification
i. e., plumber,
painter, etc.)
Journeyman
or
Apprentice
Local Resident or
General Dispatch
Number of
workers
needed
Report
Date
Report Time
TOTAL WORKERS REQUESTED =
Pleasehave worker(s) report to the following work addressindicated below:

Project Name:

Report to:

Comment or Special Instructions:

Site:

On - site Tel:

Address:

On - site Fax:

City of Buena Park 31 Community Workforce Agreement
l I W 1
Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

UNION USE ONLY
Name:

Date worker was dispatched:

Is the worker referred a: ( check all that apply)
JOURNEYMAN Yes No
APPRENTICE Yes No
LOCAL RESIDENT Yes No
GENERAL DISPATCH FROM OUT OF WORK LIST Yes No
This form is not intended to replace a Local Union' s Dispatch or Referral Form normally given to the employee when being dispatched to thejobsite.] City of Buena Park 32 Community Workforce Agreement

ATTACHMENT D

LOS ANGELES / ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES

COUNCIL

APPROVED

DRUG AND ALCOHOL TESTING POLICY
rev. December 2019)
The Partiesrecognizethe problems which drug andalcohol abusehave createdin the construction industry and the needto develop drug and alcohol abuseprevention programs. Accordingly, the Parties agreethat in order to enhancethe safety of the workplace and to maintain a drug and alcohol -free work environment, individual Employers may require applicants or employees to undergodrug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Employer' sjob premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement ( " CWA ").

2. No Employer may implement a drug testing program which does not conform in all respects to the provisions of thisPolicy.

3. No Employer may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, andthe name and telephone number of the Project Supervisor. Said notice shall be addressedto the office of eachUnion signing the CWA. Said notice shall be sentby email or by registered mail before the implementation of drug testing. Failure to give suchnotice shall make any drug testing engagedin by the Employer a violation of the CWA, and the Employer may not implement any form of drug testing at suchj obsite for the following six months.

4. An Employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project to be tested. With respect to individuals who become employed on the Project subsequent to the proper implementation of a valid drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of a valid drug testing program may only be subjected to testing for the reasons setforth in paragraphs 5(g)(1) through 5(g)( 3) and paragraphs 6(a) through 6(e) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment onthe project.

5. The following procedure shall apply to all drug testing:

City of Buena Park 33 Community Workforce Agreement
a. The Employer may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, athis or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. AUnion Business Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing ofthe specimen.
b. An employer may requestan applicant to perform an alcohol breathalyzertest, at a certified laboratory only and cutoff levels shall be those mandatedby applicable state or federal law.

C. The testing shall be done by a laboratory approved by the SubstanceAbuse & MentalHealth Services Administration ( SAMHSA), which is chosen by the Employer and the Union.
d. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique ( EMIT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee.

The confirmation test will be by Gas Chromatography/ Mass Spectrometry ( GC/ MS). Cutoff levels for both the initial test and confirmation testwill bethoseestablishedby SAMHSA. Shouldthese SAMHSA levels be changed during the course of this Agreement or new testing proceduresare approved, then thesenew regulations will be deemedaspart of this existing Agreement. Confirmed positive sampleswill be retained by the testing laboratory in securedlong -term frozen storagefor a minimum of oneyear. Handling andtransportation of each sample must be documented through strict chain of custody procedures.
e. In the event of a confirmed positive test result the applicant or employee may request, within forty- eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at asecond laboratory, designated by the Union and approved by SAMHSA. The retestmust beperformed within ten (10) days of the request.

Chain of custody for this sample shall be maintained by the Employer between the original testing laboratory andthe Union' s designated laboratory. Retesting shall be performed at the applicant' s or employee' s expense. In the event of conflicting test results the Employer may require a third test.
f. If, as a result of the above testing procedure, it is determined that an applicant or employee has testedpositive, this shall be consideredsufficient grounds to deny the applicant or employee his/ her employment on the project.
g. No individual who tests negative for drugs pursuant to the above procedure and becomes employed on the project shall again be subjected to drug testing with the following exceptions:

Employees who are involved in industrial accidents resulting in damageto City of Buena Park 34 Community Workforce Agreement
11, 1 •
plant, property or equipment or injury to him/her or others may be tested for drug or alcohol pursuant to the procedures stated hereinabove.

2. The Employer may test employees following thirty ( 30) days advance written notice to the employee( s) to be tested and to the applicable Union. Notice to the applicable Union shallbeassetforth in paragraph3 aboveandsuchtestingshallbepursuantto theprocedures stated hereinabove.

3. The Employer may test an employee where the Employer has reasonable causeto believethat the employeeis impaired from performing his/herjob. Reasonablecauseshall be defined asbeing aberrantor unusual behavior, the type of which is a recognized and accepted symptom of impairment ( i. e., slurred speech, unusual lack of muscular coordination, etc.). Such behavior must be actually observed by at leasttwo persons, one of whom shall be a supervisor who hasbeen trained to recognize the symptoms of drug abuseor impairment and the other of whom shall be the Job Steward. If the Job Steward is unavailable or there is no Job Steward on the project the other person shall be a member of the applicable Union' s bargaining unit.

Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Employer' s payroll.
h. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union' s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of atestwill bepaid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Employers will be allowed to conduct periodic jobsite drug testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employeewho worked on that project three (3) working daysbefore or after the dateof the test; b. Jobsite testing cannot commence sooner than fifteen ( 15) days after start of the work onthe project;
C. Prior to start of periodic testing, a Business Representative will be allowed to conduct an educationalperiod oncompanytime to explain periodic j obsite testing program to affected employees;
d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in paragraph 5 hereinabove.
e. Only two ( 2) periodic tests may be performed in a twelve ( 12) month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of City of Buena Park 35 Community Workforce Agreement
II 1 •
prescribed medication impairs the employee' s ability to perform work, is a basis for the Employer to remove the employee from the jobsite.

8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishmentor operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreementbe found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the parties, the remaining portions of the Agreement shall be unaffected, and the parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee's expense. When such program hasbeensuccessfully completedthe Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists, he /she shall be reinstated.

11. The Employer agrees that results of urine and blood tests performed hereunder will be consideredmedical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Employer representatives andthe applicable Union. Such release to the applicable Union shall only be allowed upon the signing of awritten release and the information contained therein shall not be usedto discouragethe employment of the individual applicant or employee on anysubsequent occasion.

12. The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreementand/or any program permitted hereunder.

13. Employees who seek voluntary assistancefor substanceabusemay not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee' s consent. Employees enrolled in substance abuse programs will be subject to all Employer rules, regulationsandjob performancestandardswith the understandingthat an employeeenrolled in such a program is receiving treatment for an illness.

14. The parties agreeto develop and implement a drug abuseprevention and testing program for all apprenticesentering the industry.

15. This Memorandum of Understanding shall constitute the only Agreement in effect between the partiesconcerningdrug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplishedpursuantto collective bargaining negotiations betweentheparties.

City of Buena Park 36 Community Workforce Agreement
I ( 1 (
APPENDIX A: SPECIMEN REPORTING CRITERIA
Initial Test Analyte Initial Test Cutoff ConfirmatoryTestAnalyte ConfirmatoryTestCutoffConcentration Marijuanametabolites (THCA)2 50 ng /ml' THCA 15 ng /ml
Cocainemetabolite ( Benzoylecgonine)
150ng /ml3 Benzoylecgonine 100 ng /ml
Codeine/
Morphine
2000ng /ml Codeine Morphine 2000ng /ml
2000ng /ml
Hydrocodone/
Hydromorphone
300 ng /ml Hydrocodone
Hydromorphone
100ng /ml
100ng /ml
Alcohol 0. 02% Ethanol 0. 02%
Oxycodone/
Oxymorphone
100 ng /ml Oxycodone
Oxymorphone
100ng /ml
100ng /ml
6- Acetylmorphine 10 ng /ml 6- Acetylmorphine 10 ng /ml Phencyclidine 25 ng /ml Phencyclidine 25 ng /ml
Amphetamine/
Methamphetamine
500 ng /ml Amphetamine
Methamphetamine
250ng /ml
250ng /ml
1Forgroupedanalytes (i.e., two or more analytesthat are in the samedrug classand havethe sameinitial test cutoff):

Immunoassay: The test must be calibrated with one analyte from the group identified as the target analyte.

The cross - reactivity of the immunoassay to the other analyte( s) within the group must be 80 percent or greater; if not, separate immunoassays must be used for the analytes within the group.

Alternate technology: Either one analyte or all analytes from the group must be used for calibration, depending on the technology. At least one analyte within the group must have a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present ( i.e., equal to or greater than the laboratory' s validated limit of quantification) must be equal to or greater than the initial test cutoff.
zAn immunoassaymustbe calibratedwith thetargetanalyte, 9- tetrahydrocannabinoJ -9- carboxylic acid (THCA). 3Alternate technology (THCA andbenzoXicegonine): Theconfirmatorytestcutoffmustbeusedfor analternate technology initial testthat isspecific for the target analyte (i.e., 15ngfml for THCA, 100 ng/ ml for benzoylecgonine).

MDMA' / MDA' 500 ng /ml MDMA
MDA
250ng /ml
250ng /ml
Initial Test Analyte Initial Test Cutoff ConfirmatoryTestAnalyte ConfirmatoryTestCutoffConcentration Barbiturates 300 ng /ml Barbiturates 200ng /ml
Benzodiazepines 300 ng /ml Benzodiazepines 300 ng /ml
Methadone 300 ng /ml Methadone 100ng /ml
Methaqualone 300 ng /ml Methaqualone 300ng /ml
Propoxyphene 300 ng /ml Propoxyphene 100 ng /ml
Methylenedioxymethamphetamine ( MDMA)
Methylenedioxyamphetamine ( MDA)
d D J M

SIDE LETTER OF AGREEMENT

TESTING POLICY FOR DRUG ABUSE
It is hereby agreedbetweenthe partieshereto that an Employer who has otherwiseproperly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick" drug screening test. This " quick" screen test shall consist either of the " ICUP" urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two " quick" screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the " quick" screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the " quick" screen test, or who rejects the " quick" screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the " quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy forDrug Abuse asa result of any occurrence related to the " quick" screen test.

City of Buena Park 40 Community Workforce Agreement

ATTACHMENT A – LETTER OF ASSENT

To be signed by all Contractors awarded work covered by the Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]
City of Buena Park
6650 Beach Blvd.

Buena Park, CA 90621
Attn: CWA Administrator, Construction Services Division

Re: Community Workforce Agreement – Letter of Assent

Dear Sir:

This is to confirm that [name of company] agrees to be party to and bound by the City of Buena Park Community Workforce Agreement effective January 1, 2022, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely,

[Name of Construction Company]

By: [_____________________] Name and Title of Authorized Executive

Contractor State License No.:_____________________________

Project Name:__________________________________________

[Copies of this letter must be submitted to the City and to the Council]

34 Attachment H

Letter of Assent

ATTACHMENT H – LETTER OF ASSENT

To be signed by all Contractors awarded work covered by the Community Workforce Agreement prior to commencing work.

[Contractor’s Letterhead]
City of Buena Park
6650 Beach Blvd.

Buena Park, CA 90621
Attn: CWA Administrator, Construction Services Division

Re: Community Workforce Agreement – Letter of Assent

Dear Sir:

This is to confirm that [name of company] agrees to be party to and bound by the City of Buena Park Community Workforce Agreement effective January 1, 2022, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely,

[Name of Construction Company]

By: [_____________________] Name and Title of Authorized Executive

Contractor State License No.:_____________________________

Project Name:__________________________________________

[Copies of this letter must be submitted to the City and to the Council]

CITY OF BUENA PARK

CONTRACT FOR DESIGN-BUILD SERVICES
Peak Park Asphalt Pump Track Project

This Contract for Design -Build Services (“Contract”) is dated December __, 2025 (“Effective Date”), and is entered into between the City of Buena Park, a California municipal corporation (“City”) and American Ramp Company (“Contractor”).

1. DEFINITIONS

“Affiliate” means, with respect to any Person, any other Person (other than an individual) that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” means the direct or indirect ownership of fifty percent (50%) or more of the outstanding capital stock or other equity interests having ordinary voting power.

“Applicable Law” means, with respect to any Governmental Authority, any constitutional provision, law, statute, rule, regulation, ordinance, treaty, order, decree, judgment, decision, certificate, injunction, registration, license, permit, authorization, guideline, governmental approval, act, code, ruling, proclamation, resolution, declaration, requirement or interpretive or advisory opinion or letter of such Governmental Authority, as construed from time to time by any Governmental Authority, in each case , applicable to the Work, the Site, the Project, the Parties or any other matter bearing on interpretation or performance of this Contract, as applicable. Applicable Law includes the latest addition of the City of Buena Park’s Special Provisions for Public Works Projects, on file with the City Engineer.

“Beneficial Use” means when major new equipment, materials, or Project components included in the Work are properly installed, inspected, operational, and are capable of being used for their intended purpose.

“Change Order” means a written instrument prepared by City and Contractor pursuant to Section 8 stating their agreement upon: (a) a change in the Work or Equipment; (b) the amount of the adjustment in the Contract Price, if any; and (c) an adjustment in the Project Schedule, if any.

“City Indemnitees” is defined in Section 11(a).

“Claim” has the meaning set forth in Section 7.6.

“Community Workforce Agreement” is defined in Section 2.3(i) and set forth in Attachment 8.

“Completion Date” means the date set forth in the Project Schedule by which Contractor is guaranteeing Substantial Completion of the Project will be achieved, except as may be adjusted by a Change Order.

“Consultant” means any Person performing or providing expert or professional advice in connection with the Work.

“Contract” means this Contract.

“Contract Documents” means this Contract and all final Drawings, Specifications, Change Orders, Warranties, surveys, plans, models, reports and designs, and addenda thereto (whether or not

attached due to their size), Engineering Documents, and other documents referred to in the Contract, and authorized written modifications issued after execution of this Contract.

“Contract Price” means the amount set forth in Section 2.1(a), which is the total payable by City in consideration for Contractor’s purchase or delivery of the Equipment, performance of the Work, and delivery of the completed Project under this Contract, and inclusive of any Compensation that is due under Section 4 of the Agreement, except as may be adjusted by a Change Order.

“Contractor Event of Default” has the meaning set forth in Section 7.1.

“Drawings” mean graphic and pictorial portions of the Contract Documents prepared for the Project and approved changes thereto, wherever located and whenever issued, showing the design, location, and the Work, generally including plans, elevations, sections, details, schedules, and diagrams as drawn by Contractor, or Contractor’s Subcontractor or Consultants.

“Equipment” means all materials, supplies, apparatus, machinery, equipment, parts, tools, components, instruments, appliances, spare parts and appurtenances thereto that are required or included in the Work and comprise part of the Project.

“Equipment Documentation” shall mean copies or originals of (i) all operating specifications, warranties and other similar information obtained by Contractor from Equipment vendors or Subcontractors or prepared by Contractor or Subcontractors as part of the Work, (ii) a complete in ventory list of all Equipment comprising the Project, and (iii) all documentation and identification information with respect to all Equipment comprising part of the Project, including reference or serial numbers for all photovolt aic panels, inverters and other equipment included in the Work.

“Equipment Warranties” shall mean the product warranty from any Supplier for the Equipment incorporated into the Project.

“Engineering Documents” shall mean all documents including Drawings, diagrams, plans, Equipment Documentation, Equipment Warranties, Shop Drawings, addenda, reports calculations, performance models and other models, designs schedules, and other documents prepared or furnished by Contractor pursuant to this Contract in respect of the design, engineering and construction of the Project.

“Environmental Law” means all Applicable Laws related to health, safety, the protection of the environment or regulation or prohibition of the environmental pollution or contamination, including laws relating to land use, emission and pollution, discharges into or pollution of water, and Hazardous Materials.

“Equipment Deposits” shall have the meaning set forth in Section 4(a)(ii).

“Excusable Delay” means any reasonably unforeseeable act, event, occurrence, condition or cause beyond the control of Contractor, or against which Contractor could not have reasonably anticipated before the Effective Date or mitigated upon discovery, and so long as the act, event, occurrence, condition or cause was not attributable to errors or omissions of Contractor, or Contractor’s Subcontractors or Consultants.

Subject to the foregoing, Excusable Events may include the following: (i) any wrongful act or wrongful failure to act of, or other unreasonable delay caused by City; (ii) the failure to obtain, or delay in obtaining, any Governmental Approval; (iii) changes in the design, scope or schedule of the Work required by any Governmental Authority, City, and any delays caused thereby; (iv) undisclosed or unforeseen conditions encountered at the Site; (v) changes in Applicable Laws having a material impact on the Project or this Contract, but excluding impacts to Contractor’s cost to perform; (vi) Force Maj eure Events; (vii) work or requirement by utility affecting the Work; (viii) labor, equipment or material shortages or delays beyond

existing known conditions and/or circumstances present as of the Effective Date of this Contract; (ix) abnormally severe weather conditions, which shall mean weather conditions resulting documented delays or stoppage of Work for more than 21 cumulative days during the Performance Schedule, or causes damage or destruction to the Project prior to Final Completion); (x) City’s delay in issuing, or failure to issue the Notice to Proceed.

“Final Completion Date” shall mean the actual date on which the Final Completion of the Project has been achieved, as set forth in the Notice of Completion issued by City.

“Force Majeure Event” shall mean, when used in connection with the performance of a Party’s obligations under this Contract, any act or event (to the extent not caused by the fault or negligence of such Party or its agents or employees) which is unforeseeable, or being foresee able, reasonably unavoidable (including by completing industry standard inspections or taking prudent commercially reasonable protective and preventative measures) and outside the reasonable control of the Party which invokes it, and which renders said Party unable to comply totally or partially with its material obligations under this Contract including natural disasters, acts of God, drought, flood, earthquake, storm, fire, explosion, lightening, epidemic, pandemic, war, riot, civil disturbance, sabotage, terrorism or threat of terrorism, and strikes, lockouts or other labor disturbances or disputes of a national or regional scope. Notwithstanding the foregoing to the contrary, Force Majeure Events shall not include any of the following:

(a) mechanical or equipment failures (except to the extent any failure is itself caused by a Force Majeure Event);

(b) any condition of the Site for which the affected Party is responsible under this Contract;

(c) strikes, walkouts, lockouts or other labor disturbances or disputes specific to the Project or such Party claiming a Force Majeure Event; or

(d) Economic hardship of either Party.

“Governmental Approval” shall mean each and every national, autonomic, regional and local license, approval, authorization, certification, registration, exemption, filing, recording, permit or other approval with or of any Governmental Authority, including each and every construction or operating permit and any agreement, consent or approval from or with any other Person that is required by any Applicable Law or that is otherwise necessary for the performance of the Work and completion of the Project.

“Governmental Authority” shall mean any national, autonomic, regional, provincial, town, city, local or municipal government, authority, body, agency, ministry, court, judicial or administrative body, taxing authority or other governmental organization having jurisdiction over the Work, the Site, the Project, the Parties or any other matter in question (as applicable).

“Hazardous Material” shall mean oil or petroleum and petroleum products, asbestos and any asbestos containing materials, radon, polychlorinated biphenyls (“PCBs”), urea formaldehyde insulation, lead paints and coatings, any chemicals, substances, materials, controlled substanc es, objects, conditions and waste or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Applicable Law.

“Industry Standards” means those standards of care and diligence generally practiced or accepted by reasonably prudent contractors of the energy services industry in engineering, designing, constructing, installing and operating energy efficiency and/or renewable energy genera tion projects of substantially similar scope, equipment, and geographic region to the Project and in accordance with good engineering

and design practices, sound construction procedures, Governmental Approvals, the Contract Documents and other generally accepted standards established for such Work. Industry Standards are not intended to be limited to optimum practice, methods, equipment specifications or acts to the exclusion of all others, but rather to be a spectrum of reasonable and prudent practices and methods generally accepted within the energy services industry to accomplish the desired results and must take into consideration the conditions specific to any given facility, including to the extent such conditions would require a person to (a) perform its duties in good faith, (b) perform its duties in compliance with the Contract Documents, (c) use sufficient and properly trained and skilled personnel, and (d) use parts and supplies that meet the specifications set forth in the Contract Documents, in all cases with respect to (a) through (d) herein, taking into account all of the costs, expenses and benefits of operation of the Project.

“Instruments of Service” has the meaning set forth in Section 12(h)(iii).

“LD Rate” has the meaning set forth in Section 5.7(e).

“Legal Requirement” means the requirement of any Applicable Law.

“Lien Release Forms” is defined in Section 4.9 and are listed in Attachment 7.

“Liquidated Damages” has the meaning set forth in Section 5.7(e).

“Mobilization Payment” has the meaning set forth in Section 4(a)(ii).

“Notice to Proceed” means a written notice issued by City authorizing and directing Contractor to commence Work on the Project as described herein, the anticipated date of such issuance being set forth in the Project Schedule.

“Payment Application” has the meaning set forth in Section 4.4.

“Person” shall mean any individual, corporation, partnership, company, joint venture, association, trust, unincorporated organization or Governmental Authority or other entity recognized by Applicable Law.

“Progress Payment” means a payment made by City to Contractor in accordance with the provisions of Section 4.7.

“Progress Payment Milestone(s)” is defined and described in Section 4.7.

“Project” shall mean the engineering, design, procurement, installation, work, and construction of the project that is described in Attachment 2, and completion of the Work in accordance with the Contract Documents.

“Project Manual” shall mean the volume assembled for the Work which shall include, without limitation, to the extent within Contractor’s possession, Contract Documents, Governmental Approvals, Equipment Documentation, Equipment Warranties, results of start -up, operational or tests, Engineering Documents including as-built drawings, an operations & maintenance manual, and all other documents that are reasonably applicable to the Work, as required, with reasonably specific instructions and in reasonably sufficient scope and detail to permit City to safely operate, monitor and maintain the Project in the ordinary course of business.

“Project Schedule” shall mean the schedule for prosecution of the Work, including all development, engineering, permitting, mobilization, construction, equipment procurement, testing and commissioning of the Project, that is set forth in Attachment 5 of this Contract.

“Punchlist” or “Punchlist Work” shall mean the list of Work uncompleted upon the achievement of Substantial Completion of the Project, but the lack of which or the failure of which to complete (considered individually or in the aggregate) does not or will not, in the reasonable opinion of City, impair the ability of City to safely own and maintain the Project in the ordinary course of business. The Punchlist must be agreed upon by City, which agreement will not be unreasonably withheld.

“Recovery Plan” means a plan prepared by Contractor, and submitted to the City, demonstrating to the City’s reasonable satisfaction, the measures that Contractor has taken or will take in order to (i) remedy a delay in completing a portion of the Work by the scheduled dat es for such Work as provided in the Project Schedule including achievement of Substantial Completion by the Completion Date.

“Request for Information” means a written request prepared by the Contractor asking the City to provide additional information above and beyond that which is available in the Contract Documents and all reference standards, regarding fulfilling the obligations under the Contract, and the form of which is on file with City.

“RFI Priority Schedule” is defined in Section 8(e).

“Safety Plan” is defined in Section 2.2(a).

“Schedule of Values” has the meaning set forth in Section 4.7(a)(i) and is set forth in Attachment

3. “Shop Drawings” shall mean drawings, diagrams, schedules, and other data, which are prepared by Contractor, or by Contractor’s Subcontractors, Consultants, manufacturers, Suppliers, or distributors illustrating any portion of the Work. The Contractor shall obtain and submit with the Shop Drawings all seismic and other calculations and all product data from Equipment manufacturers. Shop Drawings shall:
establish the actual detail of all manufactured or fabricated items, indicate proper relation to adjoining work, amplify design details of mechanical and electrical systems and equipment in proper relation to physical spaces in the structure, and incorporate minor changes of design or construction to suit actual conditions.

“Site” means the location that is owned by City where Contractor is to perform the Work and complete construction of the Project, and is more specifically identified as an undeveloped space comprised of approximately 36,000 square feet within William Peak Park, located at 7225 El Dorado Dr, Buena Park, CA 90620, as such location is depicted in Attachment 1.

“Specifications” mean that portion of the Contract Documents consisting of the written requirements for material, equipment, construction systems, instructions, quality assurance standards, workmanship, and performance of related services.

“Subcontract” means any contract, subcontract, purchase order, or other agreement whereby a Subcontractor undertakes either to: (a) perform or provide any portion of the Work; or (b) to provide all or a portion of the Equipment required by any Person performing or providing any portion of the Work.

“Subcontractor” means: (a) any Person, other than Contractor, performing or providing any portion of the Work, whether retained by Contractor, any Affiliate of Contractor, or any Person hired by

Contractor or any of its Affiliates, and including every tier of Subcontractor, Sub -Subcontractors, and so forth; and (b) any Supplier.

“Substantial Completion” means, in the reasonable discretion of City, Beneficial Use of the Project with the exception of the Punchlist.

“Superintendent” has the meaning set forth in Section 2.3(b).

“Supplemental Instruction” or “SI” means a written instrument prepared by City and submitted to Contractor requesting a minor change to the Work that does not impact the Contract Price or Project Schedule that is mutually agreeable to both parties.

“Suppliers” means any Person providing or supplying all or a portion of the Equipment that is included in the Project, or is required by any Person to perform or provide any portion of the Work, whether or not incorporated into the Project, including any materialman, vendor or supplier.

“City Indemnities” has the meaning set forth in Section 2.3(m).

“Warranties” means, collectively, the warranties provided by Contractor to the City hereunder, as described in Section 2.17.

“Warranty Period” has the meaning set forth in Section 2.17(d).

“Work” means: (a) complete engineering and design of the Project including as -built drawings; (b) the procurement, installation, construction and erection, commissioning, and all other services, including all labor, materials’ storage, services, demolition, Site preparation, equipping, verification, training, manuals and other things and actions in connection therewith, necessary for Contractor to construct and deliver a fully function and completed turnkey Project to the City.

2. SCOPE OF WORK.

2.1 Work.
(a) Subject to and in accordance with the terms and conditions of this Contract, and conditioned on City’s issuance of a Notice to Proceed , City hires Contractor to provide and Contractor agrees to provide all Work and Equipment necessary to delivery to City the Project described in th is Contract for the total fixed , guaranteed not -to-exceed price of EIGHT HUNDRED THOUSAND DOLLARS $800,000.00 (“Contract Price”).

(b) Contractor agrees that the Work and its obligations under this Contract include, without limitation: (1) furnish ing all engineering, system designs, supervision, labor, equipment and materials, tools, utilities, communications, implements, appliances, and transportation, to procure or to assist the City in procuring, as applicable, all Governmental Approvals; (2) erect, install, start-up, test and commission the Project; (3) perform all obligations set forth in th is Contract; (4) perform all reasonably necessary and related activities for the successful completion of the Work and the delivery of the Project in compliance with this Contract; (5) perform all Work free and clear from any and all liens and claims (other than liens and claims created by the o r through acts or omissions of City) from mechanics, material suppliers, Subcontractors, artisans, machinists, teamsters, freight carriers, and laborers for the Project; and (6) perform all Work in a good and workmanlike manner, all in compliance with the Contract , such that the Project satisfies each of the following: (i) meets or exceeds the Legal Requirements manufacturer’s Specifications or by methods otherwise approved by the manufacturer; (ii) meets or exceeds the Warranties for the Project;

(iii) is safe and adequate for the purpose and conditions intended by the Work; (iv) is free from defects in materials and workmanship; and (v) is comprised of Equipment which is new (unless otherwise mutually agreed) and of the specified quality and type when installed, designed and manufactured, and of a grade at least equal to generally accepted national standards for the design, manufacture and quality of such Equipment.

(c) The Work is further described in the final Specifications for the Project. Contractor is solely responsible for and has control over construction means, methods, techniques, sequences, procedures, and coordinating all portions of the Work under the Contract except as specifically instructed otherwise herein.

The Work shall not exceed that set forth in this Contract except pursuant to a Change Order.

(d) Performance of Work. Contractor shall provide, perform or procure all Work necessary to complete the Project . To the extent that any portion of the Work is provided with the Contractor’s own forces, any reference to Subcontractors or Consultants shall be equally applicable to the Contractor. Work will be performed in such a manner so as not to harm the structural integrity of existing systems, and to the extent reasonably feasible, avoiding interrupting the day-to-day operations of City. Contractor shall repair and restore to its original condition damage to City buildings or property caused by Contractor's performance under this Contract. City reserves the right to review the Work performed by Contractor and to direct certain corrective action if, in the opinion of City, the structural integrity of buildings or operating systems is or will be harmed. All costs associated with such corrective action to damage caused by Contractor's performance of the Work shall be borne by Contractor. Contractor is responsible for all Work performed, whether self-performed by Contractor, completed by Subcontractors, or others on its behalf.

2.3 Contractor Personnel and Labor

(a) Competency. Contractor agrees to use, and agrees that it shall require each Subcontractor to use, only personnel who are qualified and properly trained and who possess every license, permit, registration, certificate or other approval required by Applicable Law or any Governmental Authority to perform the Work. Contractor and each Subcontractor shall: (i) furnish a competent and adequate staff as necessary for the proper administration, coordination, supervision, and superintendence of its portion of the Work; (ii) organize the procurement of all materials and equipment so that the materials and equipment will be available at the time they are needed for the Work; and (iii) keep an adequate force of skilled workers on the job to complete the Work in accordance with all requirements of the Contract Documents. City shall have the right, but not the obligation, to require the removal from the Project of any Superintendent, staff member, agent, or employee of any Contractor, Subcontractor, material or equipment s upplier, etc., for cause.

(b) Superintendent. Contractor shall provide a competent superintendent and assistants as necessary given the nature and scope of the Work , all of whom shall be in attendance at the Project Site(s) during performance of the Work (the “Superintendent”). The Superintendent shall represent the Contractor, and communications given to the Superintendent shall be as binding as if given to the Contractor.

(c) Prevailing Wages . Contractor acknowledges the Project is a “public work” as defined in California Labor Code Section 1720 et seq., and that the Project is subject to: (i) Section 1720, including without limitation Labor Code Section 1771, and (i) the rules and regulations established by the Director of Industrial Relations implementing such statutes. Contractor shall perform all Wo rk on the Project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in (i) and (ii) as though set forth in full herein. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City of Buena Park City Hall (Department of Public Works) and will be made available to any interested party on request. By initiating any Work on the Project Contractor acknowledges receipt

of a copy of the Department of Industrial Relations determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each Site. Contractor shall comply with and be bound by the provisions of 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. Contractor shall, as a penalty paid to the City, forfeit five hundred dollars ($500.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Department of Industrial Relations for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor

(f) Compliance Monitoring and Posting Job Site . The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by Applicable Law.

(g) Employment List. Contract shall Contractor and each Subcontractor shall keep or cause to be kept an accurate record for Work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Department of Industrial Relations.

(i) Community Workforce Agreement. Contractor acknowledges the Project is subject to and governed by that certain Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions that is set forth in Attachment 8 to this Contract (“Community Workforce Agreement”). Contractor and each Subcontractor must submit a Letter of Assent in the form attached to the Community Workforce Agreement agreeing to be bound to the terms and conditions thereof in completing the Work.

(j) Apprentices. Contractor shall comply with and be bound by the provisions of Article 12.2 of the Community Workforce Agreement, California Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations used in completing the Work . Contractor shall ensure that all apprentices performing Work under the direct supervision of a journey worker from the trade in which the apprentice is indentured. Before commencing Work, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding Work, Contractor and each of its Subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed.

(j) Debarment or Suspension. Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. Contractor and any Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If Contractor or any Subcontractor becomes debarred or suspended during the duration of the Work, Contractor shall immediately notify City.

(k) Registration with the DIR. Pursuant to California Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of Contractor’s or Subcontractor’s current registration with the Department of Industrial Relations to perform the public work. Notwithstanding the foreg oing, the

contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1

(l) Payroll Records . Contractor shall comply with and be bound by the provisions of California Labor Code Section 1776, which requires Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) submit certified payroll to City; (3) certify and make such payroll records available for inspection as provided by Section 1776, and (4) inform City of the location of the records. Contractor shall have ten (10) days in which to comply subsequent to receipt of a written notice requesting these records or as a penalty to City, Contractor shall forfeit one hundred dollars ($100) for each day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Section 5.2 of the Community Workforce Agreement also requires Contractor and all Subcontractors to pay fringe benefit contributions to the appropriate union trust fund on a monthly basis.

(m) Hours of Labor . Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty paid to City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by Contractor 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 (1) 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 L abor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

(n) Prevailing Wage Indemnity . To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of any failure to comply with the requirements of this Section by any person (including Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract, including without limitation the payment of attorneys’ fees, and other related costs and expenses. All duties of Contractor under Section 2.3 of this Contract shall survive its expiration or termination.

(o) Subcontractors. For every Subcontractor performing Work, Contractor shall be responsible for such Subcontractor’s compliance with California Labor Code Sections 1720, 1860, and 3700, and Contractor shall include in the written contract between it and each Subcontractor a copy of the provisions of this Section 2.3 and a requirement that each Subcontractor shall comply with these provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

2.4 Contractor Responsibility. Contractor shall be responsible for acts and omissions of Contractor’s employees, Subcontractors, material and Equipment suppliers, and their agents, employees, invitees, and other persons performing portions of the Work under contract with Contractor or any of its Subcontractors.

Contractor shall not be relieved of obligations to perform the Work in accordance with th is Contract by tests, inspections, or approvals required or performed by persons other than Contractor. Contractor shall be responsible for inspection of Work already performed under th is Contract to determine that such portions are in proper condition to receive subsequent work.

2.5 Subcontractors and Other Contracts for Portions of the Work

(a) Contractor is prohibited from subcontracting this Contract or any part of it except to the Subcontractors set forth in the List of Subcontractors in Attachment 4, unless such subcontracting is first approved by the City in the manner required by law. An agreement made in violation of this section shall confer no rights on any party and shall be null and void.

(b) When required by this Contract or requested by City, the Contractor shall provide documentation that a proposed Subcontractor has been qualified and is experienced and able to perform that portion of the Work. The Contractor shall require all Subcontractors to comply with the provisions of this Contract. If requested, Contractor shall provide to City copies of all Contractors' agreements with its Subcontractors. City’s review or acceptance of subcontracts shall in no way relieve the Contractor of any of its responsibilities and obligations under this Contract. (c) Contractor shall, in the course of the work, engage only Subcontractors and employees who possess, and will maintain in good standing during the performance of the Work, valid and applicable licenses where the State of California or this Contract requires that the work to be performed by that Subcontractor or employee must be performed by a licensed person or entity. (d) Contractor expressly acknowledges that its Subcontractors are not third -party beneficiaries of this Contract

2.6 Supply and Procurement of Equipment

(a) Contractor, at its expense, shall purchase all Equipment, and transport and deliver all Equipment and shall inspect, unload, store, construct and install all Equipment required to complete the Project.

Contractor shall maintain all Equipment Warranties, obtain required extended warranties when available, and, upon the expiration of the Warranty Period, cause any such remaining Equipment Warranties to be assigned and passed- through to City. Contractor shall at all times perform the Work in a manner consistent with all such Equipment Warranties and will not perform any actions that may violate such warranties.

(b) Contractor agrees that all materials and Equipment to be supplied or used by Contractor or any Subcontractor in the performance of its obligations under this Contract shall be new, unless otherwise specified or mutually agreed (if being incorporated into the Project) or in good operating condition (if not being incorporated into the Project). Such materials and Equipment shall at all times be maintained, inspected and operated by Contractor pursuant to Industry Standards and as required by Applicable La w until Beneficial Use. Contractor further agrees that all licenses, permits, registrations and certificates or other approvals required by Applicable Law or any Governmental Authority will be procured and maintained for such materials and Equipment at all times during the use of the same by Contractor or any Subcontractor in the performance of any of Contractor’s or such Subcontractor’s obligations under this Contract.

2.7 Utilities. Contractor shall supply temporary power (this shall not apply to any power required by City as a result of any temporary shutdown by Contractor required in connection with the performance of the Work), telecommunications, water, waste disposal, and other utilities and services to temporary construction trailers required for performance of the Work.

2.8 Reserved.

2.9 Reserved.

2.10 Testing and Inspection . Contractor shall at its own expense conduct start -up and operational tests, and such other tests described in the Work or Specifications, and shall be responsible for all testing and inspection fees for and coordination with any Governmental Authority for the approval of the Project.

Contractor will notify City no less than five (5) days prior to the commencement of testing and City will have the right to observe all such tests. Tests, inspections, and approvals of portions of the Work required by the Contract Documents will comply with all Legal Requirements. The following shall apply to the testing and inspection of the Project:

(a) Rejection of Work. City’s selected representative may, acting reasonably, recommend to the City that the City reject Work which does not conform to the Contract Documents.

(b) Testing Off -Site. If applicable, any material shipped by Contractor from the source of supply shall not be incorporated in the Project until having satisfactorily passed testing and inspection requirements pursuant to applicable Equipment Specifications, Applicable Law or the requirements of any Governmental Authority.

(c) Responsibility for Errors and Omissions . In the event that any portion of the Work performed by Contractor is determined to not comply with the Contract Documents, if after providing ten (10) days written notice to Contractor to cure or to commence and diligently pursue to cure completion of the requirements under the Contract Documents, City through no fault of its own, is required to provide or secure additional professional services (other than those professional services already within City’s scope) Contractor shall be invoiced by City for any reasonable actual costs incurred for any such additional services, which costs may, among other remedies, be withheld from the progress payments and/or retention until corrected; or deducted from the Contract Price if City incurs actual costs of correction.

(d) Additional Testing or Inspection, and Costs Related Thereto

(i) If City or Governmental Authority determines that any portion of the Work requires additional testing, inspection, or approval, Contractor will, upon City’s written authorization, arrange for such additional testing, inspection, or approval. City shall bear such costs except as set forth in paragraph (ii), below.

(ii) If the testing or inspection of Work on the Project reveals that Work does not comply with Contract Documents or Legal Requirements , Contractor shall bear all costs arising from such failure, including those of re -testing, re -inspection, approval, or re -approval, including, but not limited to, compensation for services and expenses of the testing laboratory and any other professionals or entities retained by City. Any such costs shall be paid for by City, and City shall then invoice to Contractor and Contractor shall make payment thereof within 30 days after Contractor receives the invoice; if Contractor fails to do so, City shall have the right to withhold the amount from any payment due or to be due to Contractor under this Contract.

(e) Costs for Premature Test . If Contractor requests any test or inspection for any portion of the Project and that portion is not ready for the inspection, City shall have the right to invoice Contractor for all costs and expenses relating to the testing or inspection, including, but not limited to, compensation for services and expenses of the testing laboratory, and any other professionals or entities retained by City.

Any such costs shall be paid for by City, and City shall then invoice to Contractor a nd Contractor shall

make payment thereof within thirty (30) days after Contractor receives the invoice; if Contractor fails to do so, City shall have the right to withhold the amount from any payment due or to be due to Contractor under this Contract.

(f) Covered Work. If a portion of the Work is covered or enclosed contrary to the request of any Governmental Authority, City’s request, or requirements specifically expressed in the Contract Documents, it must, if required by the Governmental Authority or City, be uncovered for the Governmental Authority’s or City’s observation and be replaced at Contractor’s expense without change in the Contract Price or Project Schedule.

(g) Tests and Inspections Not to Delay Work. Tests and inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work on the Project.

Contractor shall provide City a minimum of five (5) working days’ notice prior to commencement of tests and inspections.

(h) Independent Testing Laboratory . City will select and pay for an independent testing laboratory to conduct tests and inspections and, except as included in the scope of work or specifically provided otherwise in the Contract Documents, City shall pay for all associated costs. Selection of the materials required to be tested shall be made by the laboratory or City and not by Contractor.

2.11 Local and General Conditions

(a) Contractor has conducted a visual examination of the Site and acknowledges and agrees that it has satisfied itself as to the general and local conditions and circumstances affecting the Work that could be reasonably ascertained from a visual inspection to ensure that the Project can be built according to all Applicable Laws and Industry Standards in place as of the Effective Date of this Contract. Contractor acknowledges and agrees that all such matters have been accounted for in the Contract Price.

(b) When required by the Work or otherwise required to satisfy this Section 2.11, Contractor will furnish, at its expense, the services of geotechnical engineers or Consultants. Such services with reports and appropriate professional recommendations shall include, if applicable, test boring, test pits, soil bearing values, percolation tests, air and water pollution tests, and ground corrosion and resistivity tests, including necessary operations for determining subsoil, air, and water conditions. At City’s request, Contractor shall make available to City the results of any Site investigation, test borings, analyses, studies or other tests conducted by or in the possession of the Contractor or any of its agents. Nothing herein contained shall be deemed a waiver by Contractor to pursue any available legal right or remedy it may have at any time against any third party who may have prepared any report and/or test relied upon by Contractor.

(d) Unless specifically stated in writing by City, Contractor may not rely upon the accuracy of any utility services or site survey information related to private utilities that the City may provide.

(e) Certain pre-existing conditions may be present within the Site that: (i) are non-compliant with applicable codes, (ii) may become non -compliant with applicable codes upon completion of Contractor’s Work, (iii) may cause Contractor’s completed Work to be noncompliant with applicable codes, (iv) may prevent City from realizing the full benefits of Contractor’s Work, (v) may present a safety or equipment hazard, or (vi) are otherwise outside the scope of Contractor’s Work. Regardless of whether or not such conditions may have been readily identifiable prior to the commencement of Work, Contractor will not be responsible for repairing such pre -existing conditions unless such responsibility is expressly provided for in the Work or an approved Change Order. Contractor, in its sole discretion, may determine whether it will bring said pre-existing conditions into compliance by agreeing to execute a Change Order with City for additional compensation and, if appropriate, an extension of time.

2.12 Safety Precautions and Programs

(a) Contractor shall have responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of this Contract. Subcontractors shall have the responsibility for participating in, and enforcing, the safety and loss prevention programs established by the Contractor for the Project including a Contractor Safety Plan (“Safety Plan”), which shall cover all Work performed by Contractor and its Subcontractors. Subcontractors shall promptly report in writing and by phone to Contractor all accidents whatsoever arising out of, or in connection with, the performance of the Work, whether on or off the site of Work, which caused death, personal injur y, or property damage, giving full details and statements of witnesses. Contractor will provide and maintain first -aid supplies for minor injuries.

(b) Prior to beginning the Work, Contractor shall provide City with a copy of the Safety Plan, as well as, if requested, an evaluation and appropriate documentation of the safety record of any first -tier Subcontractor that will be performing Work on the Project. The Safety Plan shall include the location of emergency utility shutoffs (both manual and electronic shutoffs, if applicable). Contractor shall review the emergency shut off and evacuation plan with City prior to start of construction.

(c) Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: (A) employees on the Work and other persons who may be affected thereby; (B) the Work, material, and Equipment to be incorporated therein, whether in storage on or off the site of the Work, under the care, custody, or control of Contractor or Contractor’s Subcontractors; and (C) other property at any Site or adjacent thereto such as trees, shrubs, lawns, walks, pavem ent, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. Contractor shall give notices and comply with Legal Requirements, ordinances, rules, regulations, and lawful orders of Governmental Authorities bearing on the safety of persons or property or their protection from damage, injury, or loss.

(d) Contractor shall erect and maintain, as required by existing conditions and performance of the contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, an d notifying City and users of adjacent sites and utilities as identified by City in the preconstruction meeting.

(e) Contractor shall have mandatory pre-job safety briefing for all employees and Subcontractor employees on their first day of on-site construction for their company. Hard hat stickers shall be issued as a proof of briefing attendance.

(f) Safety meetings will be held once a week during construction with all Contractor employees and Subcontractors employees attending. Printed names will be taken of those attending the meeting. No individual will start work on the Site without having attended a safety briefing on the dangers and protocols of the Site. Records of this training will be kept and provided to City upon request. No individual will operate a piece of equipment on which they have not had certification training. Certification shall be made readily available at the Project Site.

(g) When use or storage of explosives, other hazardous materials or equipment, or unusual methods are necessary for execution of the work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. Contractor shall notify City any time that explosives or hazardous materials are expected to be stored on Site. Location of storage shall be coordinated with the City and local fire authorities.

(h) Pursuant to California Labor Code section 6705, to the extent any portion of the Work involves the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall, in advance of excavation, submit to City or a registered civil or structural engineer employed by City a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Safety Plan, the plan shall be prepared by a registered civil or structural engineer, but in no case shall such plan be less effective than that required by the Safety Plan or Applicable Law. Pursuant to California Labor Code section 6705, nothing in this Article shall impose tort liability upon City or any of its employees.

2.13 Protection of Work and Property . During such times as Contractor or Subcontractors are performing any portion of the Work, they shall protect and secure such Work, materials and Equipment, City’s property, and the Site where the Work is being performed from damage or loss arising in connection with operations under the Contract Documents. Contractor and Subcontractors shall repair damage or loss to Equipment or City’s property caused by them. Contractor will provide reasonable protection to prevent damage, injury, or loss to employees of Contractor and Subcontractors performing Work under this Contract. Contractor will not be responsible for City’s employees’ safety unless Contractor’s negligence in the performance of its Work is the proximate cause of the City employee’s injury. The following shall apply to the protection of Work and property:

(a) Contractor shall at all times comply with the requirements of Applicable Laws and the Safety Plan with respect to the use, occupancy and condition of the Site, including the location and maintenance of storage and laydown areas used by Contractor.

(b) Contractor will be responsible for all storage and receiving of all Equipment or other freight at the Site(s) or other approved location(s) in a secure manner. Contractor shall obtain City approval, for each Site, the location and size of any requested “lay down”, storage, and/or work area. Such approval not to be unreasonably withheld or delayed.

(c) If Equipment or other materials are requested to be stored on -site, prior to construction activities at the Site, Contractor shall obtain City approval, for each Site, the location and size of any requested storage area. Such approval not to be unreasonably withheld or delayed.

(d) Contractor shall be solely responsible to timely notify all public and private utilities serving the affected Site before commencing Work on the Site. Contractor shall notify and receive clearance from any cooperative agency, such as Underground Service Alert, in accordance with California Government Code section 4216, et seq. Contractor shall promptly provide a copy of all such notifications to City or its designated representative, upon request.

(e) Contractor and Subcontractors shall use only those ingress and egress routes designated by City, observe the boundaries of the Site designated by City, park only in those areas designated by City, which areas may be on or off the Site, and comply with any parking control program established by City such as furnishing license plate information and placing identifying stickers on vehicles.

(f) Contractor shall keep the Site and surrounding area free from accumulation of waste material or rubbish caused by operations under this Contract. The Site shall be maintained in a safe, reasonably neat (as may be expected during active construction or work), and orderly condition. If Contractor fails to reasonably clean up as provided in the Contract Documents, upon providing prior written notice to Contractor and if Contractor fails to respond within five (5) days, City may do so and the actual, direct and reasonable cost thereof shall be invoiced to Contractor and withheld from Progress Payments and/or retention. Upon completion of the Project, Contractor and Subcontractor shall dismantle temporary

structures, if any, and remove from the Site all construction and installation equipment, fences, scaffolding, surplus materials, rubbish, and supplies belonging to Contractor or Subcontractor.

2.14 Emergencies. In an emergency affecting the safety of persons or property, Contractor shall take any action necessary, at Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on a ccount of an emergency shall be determined as provided in and requested in accordance with the relevant provisions of this Contract.

Contractor shall promptly report in writing to City all accidents arising out of or in connection with the Work, which caused death, personal injury, or property damage, giving full details, and statements of any witnesses. In addition, if death, serious personal injuries, or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to City.

2.15 Hazardous Materials. In the event the Contractor encounters or suspects the presence on or in any Site of Hazardous Materials, which have not been rendered harmless, Contractor shall immediately stop Work in the area affected and report the condition to City in writing, whether or not such material was generated by Contractor or City.

(a) Contractor will comply with all Applicable Laws with respect to the identification, and if applicable as part of the Work, removal and proper disposal of any Hazardous Materials known or discovered at or around the Site, and i n connection therewith will execute all generator manifests with respect thereto. Contractor and Subcontractors will comply with all Applicable Laws in connection with the use, handling, and disposal of any Hazardous Substances in the performance of its Work.

(b) To the extent City is aware of the presence of any Hazardous Materials at any Site, City shall be responsible for informing Contractor in writing of the location of such Hazardous Materials and shall bear responsibility for reasonable damages for personal injury or property damage caused by its failure to disclose the presence of such Hazardous Materials to Contractor. Notwithstanding the foregoing, City shall have no affirmative duty or obligation to investigate for Hazardous Materials on the Site.

(c) Any Hazardous Material disposal responsibility of Contractor is explicitly stated in this Contract or Contract Documents, and otherwise the cost thereof shall be borne by City.

(d) City will indemnify, defend, and hold Contractor harmless from and against any and all actions, claims, demands, damages, disabilities, fines, penalties, losses, costs, expenses (including consultants’ and attorneys’ fees and other defense expenses) and liabil ities of any nature that in any way result from, or arise under, such City owned or generated Hazardous Materials, except for liabilities to the extent arising from: (1) the negligence or willful misconduct of Contractor, or its Subcontractors, agents or representatives, in the handling, disturbance or release of preexisting Hazardous Materials; (2) Hazardous Materials transported onto the Site by Contractor, or its Subcontractors, agents or representatives; or (3) as otherwise set forth in this Contract. This indemnification will survive any termination of this Contract.

2.16 Project Manuals and Drawings

(a) Submittal. Contractor shall obtain and shall submit to City all required Engineering Documents as required in the Contract Documents with such promptness as to cause no delay in the Work.

City shall have the right, but not the obligation, to review all Engineering Documents and may direct Contractor to make such changes to the design and engineering of the Project as City reasonably believes are necessary and as are requested within a reasonable time after the Engineering Documents are submitted, so long as any such changes are within the scope of Work (or, if not, a Change Order has been executed with respect to such changes); provided however, that no such review or requested change shall impose any

liability on City (other than to make payment in accordance with any applicable Change Order) or relieve Contractor of any of its responsibility for the design, engineering and performance of the Project as provided in this Contract. Any submission, which in City’s opinion is incomplete, contains numerous errors, or has been checked only superficially by Contractor, will be returned unviewed by City for resubmission by Contractor. Contractor shall not commence any portion of the Work requiring an Engineerin g Document or sample submission until City has approved the submission.

(b) Sample. Where samples or mockups are requested by City, and Work is approved based on the samples or mockups, all Work shall be in accordance with the approved samples and mockups.

(c) Extent of Review. In reviewing Engineering Documents, City will not verify dimensions and field conditions. City will review and approve Engineering Documents, product data, and samples for aesthetics and for conformance with the design concept of the Work and the information given in the Contract Documents. City’s review shall not relieve the Contractor from responsibility for any deviations from the requirements of the Contract Documents unless City has given specific written approval.

Contractor and Subcontractors shall be solely responsible for determining any quantities, whether or not shown on the Engineering Documents. Contractor shall submit structural/civil plans and supporting calculations for solar panels system and other applicable improvements for City’s review and approval.

(d) Substitution. Unless the Contract Documents state that no substitution is permitted, whenever in the Contract Documents any specific brand or trade name is specified such specification shall be deemed to be followed by the words “or equal.” City may consider an untimely substitution request if the product specified is no longer commercially available or in City’s best interest.

(e) Project Manual. A Project Manual shall be assembled by Contractor and provided to City as a requirement for achieving Final Completion.

(f) Documents and Samples at the Site . Contractor shall maintain at the Project for the City one record copy of the Drawings, Specifications, Change Orders, and other modifications, in good order and marked currently to record changes and selections made during construction. In addition, Contractor shall maintain at the Site approved Shop Drawings, Engineering Documents, samples, and similar required submittals.

2.17 Warranties

(a) Contractor Warranties . Contractor warrants that, throughout and until the end of the Warranty Period:

(i) The Project will be developed, designed, engineered, and constructed to satisfy all applicable Legal Requirements, the requirements of the Contract Documents, and all descriptions set forth herein, applicable construction codes and standards and all other requirements of this Contract, and to produce a fully functional Project that is capable of operating free of major defects, assuming customary operation and maintenance.

(ii) All Equipment installed as part of the Project shall conform in all respects to the requirements of the Contract Documents, Legal Requirements, the requirements of the City, and all other requirements of this Contract and shall be new and undamaged at the time it is put into service, and will be installed in accordance with the Equipment Documentation (including all requirements necessary to preserve and maintain in effect any and all Equipment Warranties) and all Equipment Warranties are in effect.

(iii) The Work, including all workmanship and materials incorporated therein will be free from defects in design, engineering, materials, construction, and workmanship, and shall conform in all respects with all Legal Requirements, City, and the Contract Documents.

(b) Subcontractor and Supplier Warranties. Contractor shall, for the protection of City, use commercially reasonable efforts to obtain from all Suppliers and Subcontractors from which Contractor procures equipment or materials or services, warranties and guarantees with respect to such equipment, materials or services, which shall be made av ailable to City to the full extent of the terms thereof. At all times during performance of Work under the Contract Documents, Contractor shall perform the Work in a manner consistent with all such warranties and shall not perform any actions that may violate or void such warranties. Contractor shall assign all remaining Equipment Warranties to City upon expiration of the Warranty Period. Contractor shall deliver to City promptly following execution or receipt of the applicable agreement copies of all warranties and guarantees received from any Subcontractor or Suppliers, together with copies of such agreements (redacting confidential information as required thereunder).

(c) Independent Warranties . Contractor’s Warranties under this Section are separate and independent of one another. Contractor’s failure to meet any of the foregoing warranties shall be deemed a breach of the Warranties.

(d) Warranty Period. Contractor shall remedy any breach of the Warranties set forth in this Section occurring during the period commencing on the date of Beneficial Use of the Project and ending on the date that is that later of one (1) year after the Beneficial Use of the entire Project, or the date upon which any applicable manufacturer’s warranty for any item of Equipment put into Beneficial Use expires (the “Warranty Period”).

(e) Remedies.

(i) If any Warranty set forth in this section is breached or a defect or deficiency is discovered during the Warranty Period, Contractor shall, upon written notice from City of a Warranty claim prior to the expiration of the Warranty Period, at Contractor’s sole option, re-perform, repair, replace and/or correct the applicable Work and resulting damage to the Project caused by such defective Work on a reasonably expedited basis while making reasonable attempts to minimize any impact of the failure on the availability and functionality of the Project. Contractor shall have reasonable access to the Site as necessary to perform its Warranty obligations hereunder. All costs of or incidental to Contractor’s performance of its Warranty obligations shall be borne by Contractor, including, where required, revising or re -engineering any deficient systems, the removal, replacement and reinstallation of all equipment necessary to gain access to defective Work, the repair of any and all damage to any part of the Project or the Site, and the cost of conducting all tests to confirm that all necessary corrective action has occurred. If the Project Warranties failure has the effect of voiding any Equipment Warranty, then Contractor will at its own expense correct the condition as required in order to ensure that the Equipment Warranty is reinstated by the manufacturer on such item, or that a replacement item with full Equipment Warranty is provided and installed.

(ii) Should Contractor fail to begin to perform such necessary repairs, replacement, or correction within ten (10) days’ notice of a Warranty claim or such shorter period as necessary in the event of an emergency (but not less than twenty-four (24) hours) and thereafter diligently pursue such correction, City shall have the right to perform such repair, replacement or correction, and Contractor shall be liable for all reasonable, direct costs, charges and expenses incurred by City in connection with such re pair or replacement and shall forthwith pay to City an amount equal to such costs, charges and expenses upon receipt of invoices certified by City. City’s action in correcting defects in accordance with this Section shall not void Contractor’s Warranty obligations hereunder, except in the case of City’s or its agent’s (other than Contractor or any Subcontractor) negligence or willful misconduct.

(f) Warranty Exclusions . Notwithstanding any provision herein to the contrary, the Warranty obligations of Contractor do not extend to (i) Work that is damaged by the negligence or willful misconduct of City, (ii) the failure of City to maintain and operate the Equipment materially in accordance with all manufacturer’s recommendations and any instructions, practices and procedures of which City has been advised in writing by Contractor (except if such failure is caused by Contractor or any Subcontractor), (iii) normal wear and tear, (iv) Force Majeure Events, (v) any alteration, repair or replacement made by a Person other than Contractor or any Subcontractor without the prior written approval of Contractor (excluding alterations, repairs or replacements ma de pursuant to this Contract), r; and (vi) corrosion, erosion, deterioration and abuse.

(g) Waivers. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION,

CONTRACTOR MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED

UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY

IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT.

CITY WILL HAVE NO REMEDIES AGAINST EITHER CONTRACTOR OR ANY CONTRACTOR’S

SUBCONTRACTORS OR SUPPLIERS FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT

INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTY INDICATED ABOVE. SPECIFICALLY, NEITHER CONTRACTOR, NOR CONTRACTOR’S SUBCONTRACTORS OR SUPPLIERS, WILL BE

LIABLE TO CITY FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL,

CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

2.18 City’s Right to Stop the Work . If, after being provided written notice as required under the Contract Documents, Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out Work in accordance with the Contract Documents or fails to follow safety requirements, the City, by written order signed personally or by an agent specifically so empowered by the City in writing, may order the Contractor to stop the Work or any por tion thereof, until the cause for such order has been eliminated.

2.19 City’s Right to Carry Out The Work. If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails (within a sixty (60) day period after receipt of written notice or an alternative reasonable time period expressly stated in the written notice fro m the City) to commence and continue correction of such default or neglect with diligence and promptness, City may correct such deficiencies by whatever reasonable method City may deem expedient without prejudice t o other remedies City may have, and may withhold the cost of such correction from any sums due Contractor under this Contract.

2.20 City’s Obligations.

(a) Registration, Permits and Approvals.

(i) Prior to issuing the Notice to Proceed to Contractor, City must register the Project with the Department of Industrial Relations, using Form PWC-100.

(ii) City will cooperate fully with and assist Contractor in obtaining all Governmental Approvals required under this Contract. Contractor is responsible for obtaining and paying for (but including the cost therefor in the Contract Price) any and all permits required by any Governmental Authority in connection with the Project ; except those permits, inspections, certifications, permits or

approvals that may be required for ongoing operation of the Project after the Completion Date shall be the responsibility of City except as set forth in the Maintenance and Verification Agreement.

(b) Coordination. The Parties will work together in good faith to coordinate the activities of Contractor and Contractor’s Subcontractors and Suppliers with those of City to allow Contractor to timely complete the Work.

(c) Access. City hereby grants to Contractor, without cost to Contractor, all rights of ingress and egress at the Site, necessary for Contractor to timely perform the Work contemplated by this Contract, including without limitation and at no extra cost to Contractor, access to perform Work on Saturdays, Sundays, legal holidays, and non -regular working hours when reasonably required to minimize interruptions to City’s normal activities at the Site. Contractor shall provide City access to the Work in preparation and progress wherever located.

(d) Consents; Cooperation . Whenever a Party’s consent, approval, satisfaction, or determination will be required or permitted under this Contract, and this Contract does not expressly state that the Party may act in its sole discretion, such consent, approval, satisfaction, or determination will not be unreasonably withheld, qualified, conditioned, or delayed, whether or not such a “reasonableness” standard is expressly stated in this Contract. Whenever a Party’s cooperation is required for the other Party to carry out its obligations hereunder, each Party agrees that it will act in good faith and reasonably in so cooperating with the other Party or its designated representatives or assignees or subcontractors. Each Party will furnish decisions, information, and approvals required by this Contract in a timely manner so as not to delay the other Party’s performance under this Contract.

(e) General Obligations of City.

(i) City will coordinate with Contractor to provide a temporary staging area for Contractor, or its subcontractors, to use during the construction phase to store and assemble equipment for completion of the Work, if needed. City will provide sufficient space at the Site for the performance of the Work and the storage, installation, and operation of any equipment and materials . City will not unreasonably restrict Contractor’s access to Site to make emergency repairs or corrections as Contractor may determine are needed.

(ii) City will maintain the portion of each Site that is not directly affected by Contractor’s Work. City will keep the designated Site and staging area for the Project free of obstructions, waste, and materials within the reasonable control of City.

(iii) City will obtain any required environmental clearance from, and any inspections, including special inspections, or permits required by, any federal, state, and local jurisdictions, including but not limited to any clearances required under CEQA, prior to scheduled construction start date.

(iv) Subsurface conditions and obstacles (buried pipe, utilities, etc.) that were not reasonably ascertainable by Contractor or are not otherwise previously and accurately documented by City and such documentation made available to and reasonably relied upon by Contractor are the responsibility of City.

(v) City will remove any Hazardous Materials either known to City prior to the commencement of the Work or encountered by Contractor during the construction of the Project, if necessary, in order for the Work to progress safely, unless otherwise specifically stated in the Work.

Contractor will respond to the discovery of Hazardous Materials at or around the Site during the course of Contractor’s construction.

(vi) City will coordinate the Work to be performed by Contractor with its own operations and with any other construction project that is ongoing at or around the Site.

(f) Appropriation. City warrants and represents that City has obtained complete funding to compensate Contractor for the Work before issuing a Notice to Proceed to commence Work.

3. TERM AND TERMINATION. The term of this Contract shall commence upon the date of the City’s issuance to Contractor of a Notice to Proceed with the Work, and shall expire upon Contractor’s completion of the Work and delivery of the completed Project to the reasonable satisfaction of City, which shall be signified by City’s issuance of a Notice of Completion in the form prescribed by law . All of covenants, representations and warranties set forth in the Contract Documents, including indemnification obligations, that are intended to bind the Parties after the completion of the Project or termination of the Contract Documents , will survive such completion or termination for the periods provided for in the Contract Documents or otherwise allowed by law. City or Contractor may terminate the Contract only as provided in the Contract Documents.

4. PRICE AND PAYMENT.

4.1 Contract Price. This Agreement is a Guaranteed Maximum Price Contract (or GMP as Not-To-Exceed Price, NTE, or NTX), and Contractor shall be responsible for any and all cost overruns unless the GMP established by this Agreement is increased via a formal change order; and only as a result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.

(a) Compensation. The GMP of this Agreement, and the maximum total compensation that shall be due and payable by the City to Contractor for complete performance of the Work and completion of the Project, shall not exceed EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) ("Compensation").

(b) Accuracy of GMAX Bid . Contractor represents that the Compensation represents Contractor’s estimated costs to complete the Project and reflects the best professional estimate of actual costs anticipated. The Compensation is the maximum price that the City and the Contractor agree upon as payment for providing all the Work and completing the Project in accordance with the Contract Documents, and is the complete and total sum that shall be payable by City for any and all costs, direct or indirect, of Contracto r for provision of the Work and construction of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, design and engineering, cost of Equipment or materials, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising therefrom. In the event that Direct Cost is more than Contractor's Compensation , Contractor shall be responsible for any and all cost overruns unless th e Compensation established by this Agreement is increased via a formal change order; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions. In either event the dollar amount paid by the City for the Contractor Fee shall remain unchanged. Should Contractor believe that it is entitled to additional compensation or time, it must request such compensation pursuant to the provisions governing Change Orders (Section 8) and/or provisions governing Claims (Section 7.6).

4.2 Retention. City shall retain an amount equal to 5% of each Progress Payment made for the Project.

4.3 Payment Schedule. The Progress Payment Milestones defined in this Section shall be used as the basis for preparation of progress invoices. Subject to Section 4.9 and except as provided in the Agreement,

City shall pay to Contractor the applicable Progress Payment set forth in the Progress Payment Milestones when:

(a) Contractor has completed the Work associated with such payment in accordance with the Progress Payment Milestones;

(b) Following submittal of the supporting documentation required for the respective Progress Payment Milestones to the satisfaction of the City;

(c) Following submittal of Payment Application; and

(d) Subject to Retention as provided in Section 4.2.

4.4 Application for Payment. Contractor shall submit to City an invoice (a “Payment Application”) in the standard form on file with City. Each monthly progress report shall be certified by Contractor as being true and correct as of the date of such Payment Application. Contractor warrants that title to all Work covered by a Payment Application will pass to the City no later than the time of payment.

4.5 Review of Progress Payment. City will, within seven (7) days after receipt of Contractor’s Payment Application, either approve such payment or notify Contractor in writing of City’s reasons for withholding approval in whole or in part. The review of Contractor’s Payment Application by City is based on City’s observations at the Site and the data comprising the Payment Application whether the Work has progressed to the point indicated and whether, to the best of City’s knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents. City will pay Contractor the amount City approves pursuant to Section 4.7 within 30 days after the Payment Application was properly submitted.

4.6 Decisions to Withhold Payment. City may withhold payment, in whole, or in part, to such extent as may be reasonably necessary to protect the City from loss because of any acts or omissions by Contractor, including any rights to withhold mentioned in the Contract Documents.

4.7 Progress Payment Milestones. Progress Payments shall be made in accordance with California Public Contract Code section 20104.50. City shall pay the Contract Price to Contractor on percent completion basis in accordance with the Schedule of Values in Attachment 3, and after Contractor has complied with the requirements of this Section 4.7 and the Contract Documents (each, a “ Progress Payment Milestone”):

(a) General Provision for Progress Payment Milestones.

(i) Progress Payments: As the Work progresses, Contractor will submit to City its Payment Applications based on the progress made on the Project through the date on which Contractor submits such application for payment. Only one Payment Application shall be submitted per calendar month. Each line item contained in the Schedule of Values will be assigned a value such that the total of all items equals the Contract Price, and Payment Applications will be in accordance with the Schedule of Values.

(ii) Mobilization and Equipment Deposits: Notwithstanding paragraph (i) above, upon request a “Mobilization Payment” equal to five (5) percent of the Contract Price, and an “Equipment Deposits” equal to five (5) percent of the Contract Price, shall be paid by City to Contractor upon City’s issuance of a Notice to Proceed. Such amounts shall be deducted from the ensuing Progress Payment made by City to Contractor such that all future Progress Payments shall correspond with Progress Completion Milestones.

(iii) Final Payment: Five (5) percent of the Contract Price upon filing of the project Notice of Completion, less any amounts properly withheld by City in accordance with the Contract Documents, until such time, if any, that such amount or amounts may be or are required to be released in accordance with the Contract Documents.

4.8 Payments and Information to Subcontractors . No later than seven (7) days after Contractor receives payment from City, pursuant to California Business and Professions Code section 7108.5, Contractor shall pay to each Subcontractor, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled under the parties ’ Subcontract and payment terms, reflecting percentages actually retained from payments to Contractor on account of such Subcontractor's portion of the Work. Contra ctor shall, by appropriate Subcontract with each Subcontractor, require each Subcontractor to make payments to sub -subcontractors in a similar manner. City has no obligation to pay, or to see to the payment of, money to a Subcontractor except as may otherwise be required by Applicable Law.

4.9 Waivers and Releases. Within thirty (30) days after receipt of each progress payment and the Final Payment, Contractor shall provide (and shall cause its first-tier Suppliers and Subcontractors to provide) to City a conditional lien waiver and release (related to the Progress Payment as applicable) in a form substantially similar to the forms attached hereto as Attachment 7 (“Lien Release Forms”).

4.10 Progress Payment Terms . The obligation of the City to pay Progress Payments hereunder shall constitute a current expense of City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by City, nor shall anything contained herein constitute a pledge of the general tax revenues, funds, or moneys of City.

4.11 Completion of Work. Upon receipt of the Contractor’s signed Final Completion Certificate, City will make an inspection to determine whether the Work, or designated portion thereof, is complete. If City’s inspection discloses any item which is not completed in accordance with the requirements of the Contract Documents, Contractor shall, before City’s issuance of the Notice of Completion and Final Payment, diligently complete or correct such item.

4.12 Partial Occupancy or Use. To the extent reasonably practicable based on the particular portion of the scope of Work, City may occupy or use any completed or partially completed portion of the Work at any stage without accepting that Work and without waiving rights to claim damages as to that Work (to the extent expressly permitted herein). City and Contractor shall agree in writing to the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

4.13 Acceptance, Final Completion Certificate and Final Payment. If City’s representatives find the Work fully performed under the Contract Documents, they shall so notify Contractor, who shall then submit to City its final Application for Payment. After City’s representatives find the Work fully performed, City’s governing body should accept the Work as fully complete. After completion, City may record a Final Completion Certificate with the County Recorder in accordance with California Civil Code section 3093.

Contractor shall, upon receipt of Final Payment from City, pay the amounts due Subcontractors. City shall pay the retainage pursuant to California Public Contract Code section 7107. Any application for Final Payment shall be accompanied by the same details required for regular progress payments. Acceptance of the Final Payment shall constitute a waiver of Claims except for those previously identified in writing and identified by that payee as unsettled at the time of final payment.

4.14 Taxes. Contractor will pay all applicable Federal, State, and local taxes on all materials, labor, or services furnished by it, and all taxes arising out of its operations under the Contract Documents.

4.15 Limitations on Compensation. The “Contract Price” includes the total, not to exceed guaranteed maximum compensation that will be paid to Contractor in connection with the Work and Project called for by this Contract, including: (a) all costs for all labor, materials, work or equipment needed to deliver a “turnkey” Project in compliance with the Contract Documents; and (b) any and all construction management fees, overhead, administrative charges, profit, or compensation of any other kind or nature to be paid Contractor in consideration for the Work.

5. COMMENCEMENT AND SCHEDULE

5.1 Project Schedule. Time is of the essence in this Contract (subject to any notice requirements and cure periods set forth herein), and, subject to the terms of the Contract Documents, the date for Substantial Completion of the Project shall be the Completion Date set forth in the Project Schedule in Attachment 5, and Contractor shall develop, design, install and commission the Project and perform all Work hereunder in accordance with the Project Schedule.

5.2 Project Phases and Notice to Proceed. The Effective Date shall not be postponed by the failure to act of Contractor or of persons or entities for which Contractor is responsible. The Work on the Project shall be performed in accordance with the following phased approach:

(a) Design Phase. Contractor shall prepare and deliver all Engineering Documents to City for review and approval, which approval shall not be unreasonably withheld. City shall diligently review and respond to each submission by Contractor within twenty (20) days. Contractor shall incorporate City’s comments and requested changes unless Contractor can demonstrate that such requested changes would materially impact the Contract Price, the Project Schedule, or any other material requirement of the Contract Documents in which case Contractor shall submit a Change Order. Upon resolution of the provision hereinabove set forth, Contractor shall complete and submit revised Engineering Documents as early as is practical but in all cases within 20 days.

(b) Governmental Approval Phase. Upon City’s written approval of Engineering Documents, Contractor shall seek all such approvals of all required Engineering Documents and the Project as may be required by any Governmental Authority. Contractor shall exercise all reasonable diligence to ensure that all necessary Governmental Approvals are received by the date specified in the Project Schedule. City shall not unreasonably withhold its consent to any modifications to the Engineering Documents that may be requested by any Governmental Authority or quasi-governmental agency with jurisdiction over the Project or the Work, excepting any changes that materially affect the Contract Price or that materially affect the Project. The Engineering Documents with all changes as necessitated by any Governmental Authority and as approved by City shall constitute the 100% Engineering Documents and serve as the basis for construction. The receipt and approval of the one hundred percent (100%) Engineering Documents and copies of all Governmental Approvals by the City, together with Contractor’s development and delivery of a Schedule of Values for the Construction Work as referenced in Attachment 3, shall constitute the completion of the Governmental Approval Phase.

(c) Construction Phase. Following completion of the Governmental Approval Phase , Contractor shall facilitate, or cooperate with City in its efforts to facilitate, a kick -off meeting with City, Contractor, Subcontractors, and any other third-parties deemed necessary by the Parties . Following the kick -off meeting, Contractor shall commence the construction of the Project in accordance with the one hundred percent (100%) Engineering Documents and all other Contract Documents.

(d) Substantial Completion. When Contractor believes it has achieved Substantial Completion, Contractor shall notify City of the same and the City shall expeditiously work to inspect and confirm .

Within ten (10) business days after Contractor’s submission or City’s independent confirmation of all items required for Substantial Completion, whichever last occurs, City shall either (i) acknowledge and agree in a writing delivered to Contractor that the Project has been satisfactorily completed, or (ii) advise Contractor by written notice that Substantial Completion has not been achieved and identify any missing items or defects or deficiencies in the Work for which Contractor is responsible or any other reason why the requirements of Substantial Completion have not been met. Substantial Completion shall be achieved when, and completion of the Construction Phase requires that:

(1) The Project has been built in conformance with the terms and conditions of the Contract Documents;

(2) The Project complies with all applicable Legal Requirements and has passed all required inspections by any applicable Governmental Authority and all applicable Governmental Approvals have been received and copies thereof have been delivered to City;

(3) Contractor shall have delivered a true, correct, and complete certification of Substantial Completion signed by Contractor.

(f) Final Completion. When Contractor believes it has achieved Final Completion, Contractor shall deliver to City the written Final Completion Certificate which certificate shall certify the Final Completion Date and the Contractors achievement of Final Completion. Within ten (10) business days after Contractor’s submission or City’s independent receipt of all items required for Final Completion, City shall deliver such certificate to Contractor, acknowledged and agreed by City, and confirming the Final Completion Date (the “Final Completion Certificate”). The Project may only be accepted as complete by action of the City. Final Completion requires that:

(1) Contractor has received all local, state and federal Governmental Approvals and other approvals as may be required by Applicable Law for the operation and maintenance of the Project, including approvals, if any, required under the CEQA for the Project;

(2) City has received from Contractor all Equipment and Project manuals including two (2) sets of full size as-built drawings approved and stamped by the engineer of record (as built drawings shall also be provided to City in PDF and native file format);

(3) All Contractor’s materials and wastes have been removed from the Site and properly disposed;

(4) All Punchlist Work with respect to the Project and the Site has been completed to the City’s reasonable satisfaction;

(5) A final walkthrough of the Project and Site has been conducted with Contractor and City to determine completion of the terms of the Contract; and

(6) Contractor shall have delivered a true, correct, and complete Final Completion Certificate signed by Contractor.

5.3 Hours of Work

(a) Sufficient Forces. Contractors and Subcontractors shall furnish sufficient forces to ensure the prosecution of the Work in accordance with the Project Schedule.

(b) Performance During Work Hours . Work shall be performed during regular working hours except that in the event of an emergency or when required to complete the Work in accordance with job progress, Work may be performed outside of regular working hours with the advance written consent of the City. Subject to City’s advance written approval, Work may also be performed outside of regular working hours to minimize disruption to City operations.

5.4 Progress and Completion. Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract, Contractor confirms that the Project Schedule is a reasonable period for performing the Work. Contractor shall not knowingly, except by agreement or instruction of City, in writing, commence operations on the Site or elsewhere prior to the effective date of insurance required by this Contract to be furnished by Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Contractor shall proceed expeditiously with adequate forces and shall achieve Completion within the Project Schedule, subject to any extension rights set forth in this Contract. Upon request, Contractor shall submit its daily logs for the monthly period with the updated schedule. Float is not for the exclusive use or benefit of either Party but it is a jointly owned expiring Project resource available to both Parties as needed to meet the Project Schedule.

5.5 Progress Meetings. Unless otherwise stated in the Contract Documents and subject to change by City, the Parties shall meet at least biweekly during performance of Work to, among other things, review Work performed to date and to be performed. Contractor shall organize the meeting, prepare, and distribute meeting minutes. Meeting minutes shall be taken in satisfactory written form and include a three (3) week look-ahead schedule, Request for Information log, and Change Order log, as applicable. Meeting m inutes shall be updated during the meeting and distributed within three (3) Business Days of the meeting and City shall have 5 business days after City’s receipt of such minutes to object to them in writing and provide corrections in writing. A quorum of meeting attendees will be named at the first meeting. The named quorum shall be in attendance in all Project meetings.

5.6 Conformity with Project Schedule. Contractor shall prosecute the Work, and shall cause each Subcontractor to prosecute the Work, so that the portion of the Work completed at any point in time shall be not less than as is required by the Project Schedule (subject to any extension rights set forth in this Contract). If the rate of progress is such that the total amount of Work and/or the degree of completion of the Work accomplished by Contractor within any time period required by the Project Schedule and/or the Contract Documents is less than the amount therein sp ecified to be completed within such time, and it reasonably appears that Contractor will be unable to complete the Work by the Completion Date, Contractor shall so notify City within ten (10) Days of Contractor’s knowledge of the delay, or City may notify Contractor of the same. Contractor shall, within ten (10) Business Days of Contractor’s knowledge of such delay or receipt of any such notice from City, submit a Recovery Plan to City allowing for completion of the Work on the Project by the Completion Date. If City directs Contractor in writing to implement the Recovery Plan, then Contractor shall do so within ten (10) Business Days or such request. If City, acting reasonably, does not agree that Contractor has demonstrated in the proposed Recovery Plan it s ability to recapture lost time, meet interim milestones and complete the relevant portion of the Work by the applicable scheduled date or deadline, and the reasons therefor are not an Excusable Delay as outlined in this Contract, City may, without prejudice to any other right or remedies it may have, take one or more of the following actions: (a) require Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the Project Schedule, includ ing, without limitation, requiring Contractor to increase its work force, work overtime, and/or extra shifts (at Contractor’s sole cost and expense); and/or (b) withhold Progress Payments or portions thereof until such time as the Work is in conformity with the Project

Schedule. If the cause for Contractor’s inability to meet the Completion Date are as a result of an Excusable Delay, then the terms of Section 5.7 shall dictate.

5.7 Extensions of Time – Liquidated Damages

(a) Excusable Delay. Contractor shall be entitled to a Change Order because of any delays in completion of the Work due to Excusable Events. Contractor has the burden of providing reasonable evidence that any delay was directly caused by an Excusable Event.

(b) Notice by Contractor Required. Contractor shall within 10 days of knowledge of any delay due to an Excusable Event notify City in writing thereof. The Parties will then meet and confer in good faith to determine the reasonableness of Contractor’s claimed delay due to an Excusable Event, the facts and extent thereof, and whether any extension of time for completing the Work is reasonably appropriate. Extensions of time shall apply only to that portion of the Work affected by the delay and shall not apply to other portions of the Work no t so affected. Except as otherwise set forth in this Contract, the sole remedy of Contractor for delays resulting or arising from an Excusable Event shall be an extension of the Project Schedule at no cost to City, and no increase to the Contract Price or compensation pa id Contractor shall result.

(c) Conditions for Extension of Time. If Contractor is delayed at any time in progress of the Work by an Excusable Event, or by changes in the Work justifying a Change Order, then the Project Schedule shall be extended by Change Order for such reasonable time as required under the circumstances. Claims relating to time extensions shall be made in accordance with Section 7.6 of this Contract.

(d) Early Completion. If Contractor submits a revised schedule showing an earlier completion date for the Project, City’s acceptance of this revised schedule shall not entitle Contractor to any additional compensation or Claim due to any such revised schedule (nor shall it subject Contractor to Liquidated Damages based on such earlier completion date). Regardless of the cause therefore, the Contractor may not maintain any Claim or cause of action against City for damages incurred as a result of its failure or inability to complete the Work or the Project in a shorter period than established in the Contract Documents.

(e) Liquidated Damages. Subject to the limitation of liability specified below, if Contractor fails to cause Substantial Completion to occur on or prior to the Completion Date, as may be extended in accordance with the terms of this Contract, Contractor shall pay City as its sole and exclusive remedy therefor, as liquidated damages and not as a penalty, in an amount equal to the liquidated damages specified in this subsection (e) (the “ Liquidated Damages ”). The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations, and it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of delay include, but are not limited to, loss of the use of the Project and each individual Site, and the energy savings aff orded by the Project and each individual Site, disruption of activities, costs of administration, supervision and the loss suffered by the public. Accordingly, the Parties agree that an amount not to exceed $500.00 for each day by which the Work, or portion thereof, is delayed beyond the Completion Date shall be the amount of damages which the City shall directly incur upon failure of the Contractor to cause Substantial Completion of the entire Project to occur on or prior to the Completion Date (the “ LD Ra te”). If Contractor becomes liable under this Section, City, in addition to all other remedies provided by law, shall have the right to withhold any and all retained percentages of payments, and to collect the interest thereon, which would otherwise be or become due the Contractor until the liability of the Contractor under this Section has been finally determined. If the retained percentage is not sufficient to discharge all liabilities of Contractor incurred under this Section, Contractor and its suretie s shall continue to remain liable to City for such liabilities until all such liabilities are satisfied in full. If City

accepts any Work or makes any Progress Payment under this Contract after a default by reason of delays, the payment or payments shall not constitute a waiver or modification of any Contract provisions regarding time of completion and Liquidated Damages.

5.9 Delays Due to Project Site Activities . City shall not be liable for any damages or compensation to Contractor resulting from, arising out of, or related to any delays caused by scheduled activities at the Site where Contractor was notified in writing of such scheduled activities prior to signing this Contract, including City’s construction projects and other events which would require access to Site. Where City did not inform Contractor in writing of such scheduled activities, or required activities arise during the Project that were not scheduled prior to Contract signing and that impact the Project Schedule, Contractor shall be entitled to reasonable additional time for the Project Schedule and an adjustment to Contract Price in accordance with a Change Order. If any part of Contractor’s Work depends on proper execution or results upon work of any other contractor (“Other Contractor Work”), the Contractor shall inspect and promptly report to City in writing any defects in such work that render it unsuitable for such proper execution and results.

(a) Contractor will be held liable for damages to City for that Other Contractor Work (as defined above and as used in this section only) which it failed to inspect or should have inspected.

Contractor’s failure to inspect and report shall constitute its acceptance of Other Contractor Work as fit and proper for reception of its work, except as to defects which may develop in other contractors’ work after execution of Contractor’s work. To ensure proper execution of its subsequent work, Contractor shall measure and inspect Other Contractor Work already in place and shall at once report to the City in writing any discrepancy between completed Other Contractor Work and Contract Documents.

(b) It is the obligation of Contractor to ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project, if any.

(c) Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, City shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

(d) If the Project is split into phases and/or separate contracts, then Contractor has made allowances for any delays or damages which may arise from coordination with contractors for other phases or contracts. If any delays should arise from a contractor working on a different phase or contract, Contractor’s sole remedy for damages, including delay damages, shall be against the contractor who caused such damage and not the City. Contractor shall provide access to contractors for other phases or contracts as necessary to prevent delays and damages to contractors working on other phases or contracts.

6. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant (to the extent set forth below) that:

(a) Contractor represents that it is duly organized, validly existing and in good standing as a contractor and licensed contractor under the laws of the State of California;

(b) Each Party represents that it has full power, authority and legal right to enter into and perform its obligations under this Contract, and the execution, delivery and performance of this Contract have been

duly authorized by all necessary corporate actions on the part of Contractor, and all governmental actions on the part of City, and do not require any further approvals or consents;

(c) Each Party represents that the execution, delivery, and performance of this Contract does not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or instrument to which it is a party by which it or its property is bound;

(d) Each Party represents that there is no pending or, to its knowledge, threatened action, or proceeding before any court or administrative agency that will materially adversely affect its ability to perform its obligations under this Contract.

(e) Should a change in law occur subsequent to the date of execution of the Contract that increases Contractor’s costs, the parties shall, to the extent allowed by law, negotiate an equitable resolution. A change in law for this purposes shall not include and specifically excludes a change in any applicable tariffs or as the enactment of a new tariff or modification of an existing tariff.

7. BREACH AND TERMINATION

7.1 Termination by the City for Cause.

(a) Contractor agrees that City shall be entitled to terminate this Contract upon the occurrence of any of the following circumstances, each of which shall constitute an event of default hereunder (each, a “Contractor Event of Default”):

(i) Contractor refuses or fails to supply personnel or materials in accordance with this Contract;

(ii) Contractor fails to make payment to Subcontractors for materials or labor in accordance with California Public Contract Code section 10262 or California Business and Professions Code section 7108.5, as applicable;

(iii) Contractor disregards Applicable laws, ordinances, rules, regulations, or orders of a Governmental Authority; or

(iv) Contractor otherwise is in substantial and material breach of a provision of the Contract Documents.

(b) City’s authority to terminate this Contract for cause shall be contingent upon providing written notice to Contractor of the Contractor Event of Default. Where the Contractor Event of Default can be cured, Contractor shall take action and cure the Contractor Event of Default within thirty (30) Days after the date of City’s written notice. In the event the Contractor Event of Default cannot be cured within thirty (30) Days, Contractor shall provide written notice to City of the requirement of a longer cure period with a timeline for cure and shall commence within thirty (30) Days actions necessary to cure the Contractor Event of Default and diligently and timely proceed to complete the cure.

(c) When any Contractor Event of Default exists and Contractor fails to cure the same pursuant to the procedure set forth above, the City may, without prejudice to any other rights or remedies of the City and after giving the Contractor and the Contractor’s surety, if any, written notice of seven (7) days, terminate the Contract and may, subject to any prior rights of the surety, (i) take possession of the Site and of all material or Equipment thereon owned by the Contractor, ( ii) accept assignment of contracts with Subcontractors, and (iii) complete the Work by whatever reasonable method the City may deem expedient.

(d) In the event of termination for cause, i f the unpaid balance of the Contract Price exceeds the reasonable, actual and direct costs of completing the Work, including compensation for professional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to City. This payment obligation shall survive completion of the Project and termination or expiration of this Contract.

7.2 Suspension or Termination by the City for Convenience.

(a) The City may, without cause, order the Contractor in writing to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Contractor shall be entitled to an extension of time and an adjustment shall be made for increases in the cost of performance of the Contract. No adjustment shall be made to the extent: (i) performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (ii) that an equitable adjustment is made or denied under another provision of this Contract. Adjustments made in the cost of performance shall have a mutually agreed fixed fee. If City suspends, delays or interrupts the Work for 60 or more consecutive days, Contractor may terminate this Contract.

(b) Prior to City’s issuance of a Notice to Proceed (which is conditional upon City’s approving and obtaining financing for the Project), City may terminate this Contract, in whole or in part and without payment, consideration, or liability to Contractor of any kind under this Contract.

7.3 Termination by the Contractor. Contractor may not terminate for convenience. Contractor may only terminate for cause if: (A) City fails to make payment when due and such failure is not made within 30 days of City’s receipt of written notice from Contractor specifying same; (B) the Work is stopped by others for a period of 90 consecutive days through no act or fault of Contractor, a Subcontractor of any tier, their agents or employees, or any other persons performi ng portions of the Work for whom Contractor is contractually responsible, and the Work was stopped by others for one of the following reasons: (i) issuance of an order of a court or other public authority having jurisdiction which requires City to stop all Work; or (ii) an act of government, such as a declaration of national emergency, making material unavailable which requires City to stop all Work; or (iii) City is in material breach of a provision of the Contract Documents and such breach is not cured within 30 days of City’s receipt of written notice from Contractor specifying same, however, in the event such City event of default cannot be cured within 30 days, City shall provide written notice to Contractor of the requirement of a longer cure period with a timeline for cure and shall commence actions necessary to cure City event of default within 30 days and diligently and timely proceed to complete the cure. If such grounds for termination by Contractor exist, Contractor may serve written notice of such belief on City and demand a meet-and-confer conference to negotiate a re solution in good faith within 7 days of receipt of such notice. If such conference does not lead to resolution , or does not occur within 7 days of Contractor’s notice, and Contractor believes the grounds for termination still exist, Contractor may terminate th is Contract and recover from City: (1) compensation for Work wholly or partially executed; (2) actual, direct out -of-pocket losses incurred by reason of such termination; (3) any payment or delivery required to have been made on or before the date of t ermination and not made, including interest on any sums due; and (4) costs and expenses reasonably incurred in exercising the foregoing remedies, if any.

7.4 Not a Waiver Any suspension or termination under this Section 7 shall not act as a waiver of any claims by City against Contractor (or vice versa) or others for damages based on breach of contract, negligence or other grounds.

7.5 Indemnification. In addition to the Parties’ indemnification obligations set forth in Section 11, the Parties agree as follows:

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