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 _______________ 2026.
_____________________________
City Clerk
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
ALL CHECKS
PAYRUN: NG2
DATE: 12/26/2025
CHECK DEPOSIT CHECK
NUMBER AMOUNT AMOUNT MAN/VOID ----------EMPLOYEE---------- ID NUMBER V393863 2,084.80 .00 APARICIO, LESLIE 590 V393864 4,534.94 .00 COPPING, SARA 951 V393865 2,560.61 .00 ENGLEBRECHT, BRIDGET 261 V393866 3,251.38 .00 FEWER, JESSICA 580 V393867 8,100.13 .00 FRANCE, AARON 1650 V393868 743.29 .00 GODBOLD, KATELIN 672 V393869 1,047.65 .00 LOPEZ, JESSE 606 V393870 154.05 .00 MCKINNEY, KENNETH 552 V393871 2,848.33 .00 MEDINA, YARETZA 8 V393872 1,180.58 .00 OWAKA, PASCHAL 615 V393873 2,136.80 .00 PERSI, MICHAEL 678 V393874 374.94 .00 STRONGMAN, BENJAMIN 681 V393875 154.05 .00 TEHRANI, AIDIN 551 V393876 3,075.55 .00 CASTRO, GWENDOLYNE 503 V393877 3,409.73 .00 CERDA, JUAN 831 V393878 6,782.07 .00 FENTON, EDWARD 1564 V393879 2,854.84 .00 GONZALEZ, VANESSA 866 V393880 1,164.48 .00 HICKMAN, AISHA 665 V393881 1,930.18 .00 KERN, DONNA 2574 V393882 2,968.16 .00 PREVO, DOREKA 390 V393883 3,908.81 .00 VALDEZ, REBECCA 5490 V393884 2,264.16 .00 BUENROSTRO, PATRICIA 227 V393885 1,693.36 .00 GALLENTINE, KAILEY 486 V393886 4,270.01 .00 GARCIA, ADRIAN 1700 V393887 1,322.79 .00 GLAVIN, BARBARA 1768 V393888 2,103.82 .00 HERNANDEZ, GLORIA 2092 V393889 7,171.07 .00 HYUN, SUNG 2248 V393890 2,687.37 .00 KIM, MIN 2584 V393891 2,341.81 .00 LOVEJOY, REBEKAH 76 V393892 1,366.31 .00 OZAKI, GRACE 3881 V393893 2,162.12 .00 PAK, TIMOTHY 3955 V393894 2,968.13 .00 PEREZ, JESSICA 4111 V393895 2,685.69 .00 TOMASSETTI, JEEVANI 5623 V393896 2,269.37 .00 TRAN, KRYSTLE 242 V393897 3,811.21 .00 AVERELL, MARK 272 V393898 2,511.82 .00 COLES-GUZMAN, MARY 950 V393899 2,458.24 .00 KENNEDY, SEAN 111 V393900 941.96 .00 AHN, JOYCE 263 V393901 986.27 .00 FRANCO-HERNANDEZ, CARLOS 566 V393902 884.52 .00 HOQUE, LAMIYA 412 V393903 776.30 .00 SONNE, SUSAN 5161 V393904 777.24 .00 TRAUT, CONNOR 5399 V393905 3,028.29 .00 ALMQUIST, ANNA PATRICIA 168 V393906 1,978.93 .00 GUERRA, SARAH 1470 V393907 6,065.10 .00 JIMENEZ, ADRIA 2297 V393908 1,249.10 .00 KIRK, RALPH 384 V393909 2,124.50 .00 LOPEZ, ANGELICA 2928 V393910 2,247.96 .00 FLORES, CHRISTOPHER 464 V393911 3,374.59 .00 HOPKINS, NICHOLAS 627 V393912 3,065.92 .00 LESTER, ALEXANDER 2868 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
ALL CHECKS
V393913 1,970.92 .00 MACIAS, JUDITH 2996 V393914 2,741.60 .00 MAYORQUIN, RAYMUNDO 221 V393915 3,072.47 .00 TART, ANDRE 5235 V393916 1,137.38 .00 TELLEZ, ALMA 667 V393917 3,115.53 .00 ALVAREZ, JOSHUA 458 V393918 2,082.46 .00 CASTANEDA, GUADALUPE 280 V393919 3,013.01 .00 CRAVENS, ROBERT 658 V393920 2,218.70 .00 DAVIS-VALENTINE, SUZANNE 1085 V393921 1,041.85 .00 DINH, MICHELLE 433 V393922 6,307.68 .00 FOULKES, MATTHEW 9 V393923 1,096.21 .00 GUZMAN, FEDERICO 1918 V393924 1,965.87 .00 LI, CELINE 832 V393925 4,139.67 .00 LUNA, HARALD 264 V393926 3,085.89 .00 MCALEESE, IAN 159 V393927 3,392.86 .00 NAVARRO, SANDRA 93 V393928 3,502.88 .00 PELAYO, RODRIGO 870 V393929 2,401.55 .00 SANTOS, RUTH 4640 V393930 1,885.90 .00 TAE, RAY 5196 V393931 4,271.04 .00 THAI, LOTUS 536 V393932 2,593.04 .00 ZAPIEN, ERNESTINE 5777 V393933 3,588.20 .00 DHAUW, MELISSA 1170 V393934 2,186.68 .00 GRIFFIN, CHEKESHA 865 V393935 1,020.97 .00 MARTINEZ, RICHARD 834 V393936 3,281.51 .00 SUAREZ, SARABETH 5169 V393937 3,229.66 .00 YOON, JIWON 91 V393938 791.37 .00 BARR, LISA 366 V393939 1,968.11 .00 BARRAZA, TAYLOR 501 V393940 3,717.19 .00 COTA, LORRAINE 954 V393941 6,106.35 .00 DAVENPORT, JOSEPH 1094 V393942 6,287.61 .00 GEYER, BRADLEY 1692 V393943 6,759.22 .00 NGUYEN, NGHIA 3755 V393944 7,722.42 .00 NUNES, FRANK 3813 V393945 3,604.20 .00 SEMAAN, NADIA 4740 V393946 1,660.02 .00 CHARNES, LANCE 783 V393947 7,540.66 .00 DIERINGER, RYAN 1145 V393948 2,821.84 .00 HERNANDEZ, ISABELLA 112 V393949 4,441.08 .00 JIMENEZ, ROBERT 352 V393950 3,285.68 .00 KIM, HYUN 328 V393951 3,724.27 .00 LAM, DAVID 2790 V393952 704.87 .00 LOVCHIK, MICHAEL 6 V393953 5,302.02 .00 MIKIEWICZ, SIMON 3360 V393954 1,114.86 .00 NOVOTNY, MARY 3705 V393955 6,400.79 .00 TOMSICK, MARTIN 5360 V393956 3,067.58 .00 ALCALA, BRITTANY 58 V393957 4,102.43 .00 ARIAS, KALEA 592 V393958 3,554.89 .00 BARAJAS, MAYRA 357 V393959 2,237.57 .00 BINYON, ERIC 506 V393960 4,577.02 .00 BRANDSTETTER, JAMES 629 V393961 3,698.98 .00 BUTH, CATHERINE 561 V393962 3,484.33 .00 CARPENTER, SCARLET 1663 V393963 956.87 .00 CIFUENTES MEDINA, DANNA 671 V393964 1,126.74 .00 CORTEZ TORRES, AMANDA 450 V393965 1,229.67 .00 DIERINGER, REGINA 1515 V393966 4,250.14 .00 ESCOBEDO, STACEY 1530 V393967 5,475.73 .00 ESQUETINI, MARIA 1536 V393968 897.17 .00 GONZALEZ, BAILEY 868 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
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V393969 618.99 .00 MADHAE, DEEPINDER 555 V393970 3,989.79 .00 MAERKER, ELIZABETH 3017 V393971 3,634.35 .00 MCGRATH, CODY 3220 V393972 945.25 .00 MENDOZA ESPINOZA, MYA 532 V393973 951.28 .00 MONTANO, BRIANNA 816 V393974 1,218.49 .00 ONTIVEROS, STEVEN 342 V393975 1,737.62 .00 OSEJO, SOFIA 833 V393976 2,778.75 .00 PALMA-RUBALCAVA, DIANA 3970 V393977 909.09 .00 RODRIGUEZ TZAJ, SANDY 604 V393978 2,012.63 .00 RODRIGUEZ VILLA, YARELI 205 V393979 2,202.06 .00 SAUCEDA, CATHLEEN 4645 V393980 3,682.97 .00 SHERIFF, SAMANTHA 2096 V393981 814.44 .00 SILVERIO, SAMANTHA 497 V393982 3,619.82 .00 TANIGUCHI, MELISSA 5230 V393983 1,006.68 .00 VELLANOWETH, KRISTINE 217 V393984 733.04 .00 WOOD, HUNTER 605 V393985 .00 .00 CHAN, KARA 795 V393986 2,786.61 .00 FIORE, KATE 1560 V393987 2,497.13 .00 FLOHRA, KARAN 516 V393988 3,225.52 .00 FOX, CHARITY 1641 V393989 700.56 .00 KUHN, MICHELLE 2730 V393990 719.30 .00 KUHN, TARI 2747 V393991 2,432.94 .00 MAERTZ, DANA 3018 V393992 3,418.07 .00 MENDIVEL, CHRISTINA 3299 V393993 2,286.23 .00 NGO, CATHERINE 3752 V393994 2,854.50 .00 PENDLETON, SUN 4080 V393995 1,521.75 .00 TENG, LING-FEI 2871 V393996 2,147.56 .00 UMLAH, AMBER 5435 V393997 1,791.64 .00 YBARRA, DELIA 529 V393998 8,090.30 .00 BATES, PATRICK 378 V393999 5,047.20 .00 BELTRAN, CHRISTINA 13 V394000 4,656.01 .00 BLACKWOOD, PHALANN 550 V394001 5,035.13 .00 BOURNE, CLIFFORD 5612 V394002 4,801.26 .00 BOYD, ROBERT 584 V394003 3,897.72 .00 BOYER, CAMERON 585 V394004 10,185.76 .00 BRAVO, ISABEL 420 V394005 2,243.10 .00 CAMPOS, CARLOS 871 V394006 5,170.25 .00 CAMPOS, LOLANI 728 V394007 4,493.79 .00 CERDA, SERGIO 240 V394008 3,802.27 .00 CHAVEZ, ALEJANDRO 182 V394009 5,522.51 .00 CHAVEZ, ANTONY 246 V394010 2,225.42 .00 CHO, YOUNGVEEN 758 V394011 4,834.06 .00 CURATOLA, ANTHONY 350 V394012 4,736.31 .00 DAVIS, JONATHAN 1083 V394013 5,942.34 .00 ESCAMILLA, MARIO 1529 V394014 4,962.50 .00 ESCOBEDO, DOMINICK 1521 V394015 3,109.43 .00 ESTRELLA, CARL JOSEPH 415 V394016 4,194.90 .00 FRANKLIN, KEVIN 1649 V394017 8,425.07 .00 GALOS, MICHAEL 1680 V394018 4,859.30 .00 GANO, KEVIN 1742 V394019 3,592.40 .00 GARCIA, JONATHAN 514 V394020 4,597.35 .00 GENTNER, GEORGE 1765 V394021 5,537.28 .00 GONZALEZ, LUIS 164 V394022 5,456.08 .00 GONZALEZ, OSCAR 1785 V394023 5,585.04 .00 HERST, RYAN 2102 V394024 4,331.18 .00 HOGAN, CHRISTIAN MICHAEL 138 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
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V394025 6,052.91 .00 HONG, ALEX 2130 V394026 5,753.99 .00 JIMENEZ, GUSTAVO 2285 V394027 4,767.16 .00 JOHNSON, BRYAN 2300 V394028 4,188.72 .00 LAZARO, WILLIAM 872 V394029 897.29 .00 LEE, DAE WON 814 V394030 8,457.01 .00 LEPE, SERGIO 2901 V394031 4,106.13 .00 LIRA, JOSEPH 133 V394032 3,311.16 .00 LOPEZ, GUILLERMO 2958 V394033 6,416.83 .00 LOVETERE, JOSEPH 2962 V394034 2,534.15 .00 LUCACI, KEVIN 874 V394035 4,103.88 .00 LUONG, AARON 577 V394036 3,938.32 .00 MARTINEZ, JESUS 117 V394037 4,564.25 .00 MEDRANO, JULIAN 3223 V394038 3,611.02 .00 MEKDARA, BOBBY 624 V394039 3,454.21 .00 MEONO, ROBIN 351 V394040 4,409.58 .00 MOELLER, SARAH 3590 V394041 5,099.06 .00 MORALES, FRANK 3489 V394042 4,649.83 .00 MORQUECHO, FERNANDO 510 V394043 6,079.63 .00 MUNOZ, OSCAR 3605 V394044 4,732.29 .00 MURILLO CASTRO, JULIAN 268 V394045 3,144.57 .00 NGUYEN, ANTHONY 258 V394046 6,807.12 .00 NYHUS, CHRISTOPHER 3808 V394047 5,585.29 .00 O'DETTE, DIRK 3823 V394048 3,305.22 .00 OH, WILLIAM 326 V394049 3,389.00 .00 OSORIO, STEVIE 573 V394050 6,478.72 .00 PADILLA, VALERIE 108 V394051 6,266.60 .00 PINO, RICHARD 4171 V394052 7,302.75 .00 PLUMLEE, ROGER 4180 V394053 6,346.39 .00 PROCEL, ANDY 4243 V394054 5,504.27 .00 RAMIREZ, ANGEL 4314 V394055 4,518.08 .00 RANGEL, PRISCILLA 4337 V394056 6,818.81 .00 REYES, HUGO 98 V394057 4,179.21 .00 RODRIGUEZ, CHRISTIAN 4476 V394058 4,021.59 .00 RODRIGUEZ CASTILLERO, JOSEPH 259 V394059 4,135.57 .00 SALAZAR, RYAN 4626 V394060 7,609.12 .00 SHADDOW, JON-MICHAEL 4837 V394061 6,328.96 .00 SOLIS, DANIEL 5000 V394062 2,930.93 .00 SOUSA, MATTHEW 596 V394063 3,686.08 .00 TEWELL, MELISSA 5282 V394064 6,180.09 .00 TRAN, TUYET 5424 V394065 2,435.86 .00 TUBBS, AUSTIN 873 V394066 5,166.09 .00 WILLIAMS-GIROUX, JACOB 499 V394067 8,058.40 .00 COLON, BOBBY 900 V394068 6,871.26 .00 LEE, CONNOR 2861 V394069 2,115.71 .00 MENDOZA HERNANDEZ, STEPHANIE 427 V394070 5,924.26 .00 ORTEGA, MICHAEL 104 V394071 2,471.61 .00 PARRA, ANGEL 498 V394072 2,213.07 .00 RAMIREZ, ARIANNA 86 V394073 2,359.33 .00 SILVA, OSCAR 4886 V394074 2,169.69 .00 VAZQUEZ-CAMACHO, MARLENE 101 V394075 5,447.79 .00 VU, JEFFREY 5519 V394076 577.68 .00 BAIR, JOHN 284 V394077 500.54 .00 CASEY, DROUETT 771 V394078 1,033.77 .00 PATTON, DANA 4060 V394079 6,295.38 .00 BAILEY, JOHN 355 V394080 7,059.88 .00 BERNAL, DAVID 480 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
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V394081 4,397.23 .00 BOUDREAU, CORY 583 V394082 2,521.11 .00 BOUDREAU, LAURA 2192 V394083 5,058.91 .00 BOYINGTON, DEVIN 594 V394084 5,138.11 .00 CARNEY, THOMAS 751 V394085 4,811.87 .00 CHRISTIANSEN, ANDREW 97 V394086 3,359.35 .00 EK, CHRISTOPHER 1477 V394087 4,326.51 .00 KALAGIAN, BRYANT 2436 V394088 2,434.28 .00 LARA, KARON 103 V394089 3,932.31 .00 LOMELI, LISBETH 4516 V394090 3,173.76 .00 LOPEZ, VANESSA 2929 V394091 5,860.82 .00 LOPEZ, WILLYVALDO 2941 V394092 5,410.76 .00 LOWE, AUSTIN 2956 V394093 4,120.27 .00 MOON, DAVID 3479 V394094 2,199.44 .00 MORALES MALDONADO, IVETT 3490 V394095 1,882.58 .00 O'DETTE, NANCY 1920 V394096 5,091.68 .00 PANTOJA, DAVID 3986 V394097 4,789.90 .00 RUBALCAVA, EFRAIN 4590 V394098 2,429.31 .00 SULLIVAN, STACEY 5160 V394099 3,268.58 .00 TREADWAY, SARA 4210 V394100 3,992.43 .00 TURNER, JERAMIAH 291 V394101 3,945.92 .00 VU, KRISTINE 63 V394102 2,298.56 .00 CARDENAS, MARGARET 336 V394103 2,401.06 .00 IBARRA, KRISTI 88 V394104 7,022.72 .00 MIKHAEL, MINA 3359 V394105 2,159.08 .00 ALMANZA, MINERVA 79 V394106 4,595.70 .00 ALQAM, NADER 71 V394107 4,361.54 .00 ARABOLU, DEEPTHI 178 V394108 3,122.54 .00 CAPISTRANO, FRANCES 74 V394109 3,033.98 .00 COLES, CARINA 77 V394110 2,928.17 .00 ESPARZA-ALMARAZ, AARON 383 V394111 2,877.21 .00 GUZMAN, HECTOR 512 V394112 1,388.69 .00 HA, ALAN 677 V394113 2,715.28 .00 LEE, HYANG SUN 430 V394114 3,879.91 .00 MILLER, JADEN 513 V394115 3,069.46 .00 QUINONES, FABIO 875 V394116 3,382.12 .00 TRAN, JASON 96 V394117 4,077.34 .00 WRAY, NORMAN 5725 V394118 2,587.60 .00 ZARAGOZA, EDUARDO 5788 V394119 3,424.27 .00 AUBUCHON, LAURIE 250 V394120 2,204.52 .00 GENERA, ELIZABETH 1685 V394121 4,748.75 .00 HUNT, JOSEPH 2249 V394122 1,950.65 .00 LUX, ANDREA 2972 V394123 2,401.36 .00 VENEGAS MENDEZ, JAVIER 5491 V394124 3,540.10 .00 BACA, ANDREW 315 V394125 3,738.76 .00 BRITO, MICHAEL 642 V394126 1,449.16 .00 CASTRO, EFRAIN 641 V394127 633.04 .00 CASTRO, JOHN 540 V394128 1,333.88 .00 CISNEROS, STEVEN 855 V394129 1,088.20 .00 COLORADO, JARRETH 852 V394130 3,648.72 .00 ESCATEL-OROSCO, PEDRO 1537 V394131 1,187.49 .00 ESPINOSA, GUIDO 637 V394132 1,088.20 .00 GARCIA, RYAN 851 V394133 1,449.49 .00 GONZALES, DERRICK 635 V394134 2,654.95 .00 GONZALEZ, ALEJANDRO 1783 V394135 1,891.50 .00 GONZALEZ, KONRAD 587 V394136 548.89 .00 HERNANDEZ, OSBALDO 863 SUNGARD PUBLIC SECTOR PAGE NUMBER: 6 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
ALL CHECKS
V394137 1,082.50 .00 HERRERA, FELIX 856 V394138 731.86 .00 LARA, PAULO 849 V394139 4,363.02 .00 LIBUNAO, NINO 2912 V394140 1,862.06 .00 LISCANO, CHRISTOPHER 850 V394141 1,975.25 .00 MARASCO, MATTHEW 289 V394142 1,413.76 .00 MORALES, LEONARDO 819 V394143 2,016.95 .00 MORENO, MARCOS 862 V394144 3,012.23 .00 MUNOZ, JOHNNY 144 V394145 2,315.30 .00 NAJERA, JESSE 3630 V394146 708.13 .00 NGUYEN, DUNG 858 V394147 1,393.33 .00 ORTIZ, RAYMOND 309 V394148 1,393.33 .00 PAPANIC, DENNIS 548 V394149 1,333.87 .00 PEREZ, ISAIAH 523 V394150 365.92 .00 RAMIREZ ALVAREZ, JOSE 857 V394151 4,856.89 .00 RIVERA, JOE 4450 V394152 1,333.88 .00 RODRIGUEZ, MIGUEL 589 V394153 2,670.02 .00 RODRIGUEZ, OSCAR 131 V394154 708.13 .00 SANTANA, JESUS 860 V394155 2,272.46 .00 SERNA, JUAN 4728 V394156 714.44 .00 SESSION, DIMITRIAS 859 V394157 3,296.78 .00 TORREZ, JAVIER 69 V394158 708.13 .00 VILLANUEVA, RICHARD 854 V394159 2,442.35 .00 CARRILLO, EDWARD 765 V394160 2,031.46 .00 CHAVEZ, CAESAR 544 V394161 2,795.19 .00 ELLS, ZACHARY 1500 V394162 2,580.43 .00 ENNIS, JOSEPH 262 V394163 2,126.98 .00 ESPINO, KEVIN 517 V394164 4,204.40 .00 FINCH, BARRETT 1574 V394165 3,076.30 .00 HAGAN, KEVIN 1947 V394166 4,579.42 .00 KVENBO, SCOTT 2750 V394167 2,247.67 .00 LAUTERIO, MATTHEW 533 V394168 2,469.57 .00 MARTINEZ, MARCO 215 V394169 4,699.18 .00 MCGEE, MICHAEL 9306 V394170 2,179.57 .00 MILLER, DAVID 3390 V394171 2,969.35 .00 MOJARRO, ANDREW 3082 V394172 3,673.19 .00 MOORE, FRANK 3486 V394173 2,017.94 .00 MYLLES, JOSHUA 279 V394174 2,038.49 .00 PRECIADO, CAMDEN 134 V394175 2,951.52 .00 SANCHEZ, JUAN 4617 V394176 2,315.28 .00 SPEAR, ANTHONY 5011 V394177 3,236.10 .00 STEPHENSON, MARK 5122 V394178 2,637.25 .00 TAVARES, JAMEY 5231 V394179 1,906.10 .00 ALVAREZ, CARLOS 136 V394180 1,333.87 .00 AVILA, NICHOLAS 744 V394181 2,559.64 .00 DAHL, TERRY 1084 V394182 2,830.22 .00 DOMINGUEZ, KEVIN 565 V394183 1,805.28 .00 GARCIA DEL TORO, JOSE 845 V394184 2,510.62 .00 GARCIA ORTEGA, JOSE 1636 V394185 2,112.53 .00 GRIMES, DAVID 1881 V394186 2,363.19 .00 GUZMAN, KEVIN 132 V394187 2,361.01 .00 KOSS, MICHAEL 2718 V394188 3,185.68 .00 MARTINEZ, GABRIEL 3139 V394189 2,513.38 .00 MELLADO, KIM 3289 V394190 2,837.92 .00 MERROW, MATTHEW 3316 V394191 2,285.97 .00 OTTEN, DAVID 3869 V394192 3,670.12 .00 PORTER, JEFFREY 4174 SUNGARD PUBLIC SECTOR PAGE NUMBER: 7 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
ALL CHECKS
V394193 1,333.87 .00 RAMOS, NIKOLAS 815 V394194 3,035.61 .00 RODRIGUEZ, EDWARD 4479 V394195 1,953.95 .00 RUIZ, ALEJANDRO 416 V394196 1,363.77 .00 SAILIATA, RAYMOND 648 V394197 1,333.87 .00 SOLOMAN, ROBERTO 654 V394198 1,995.63 .00 TORRES, SALVADOR 234 V394199 2,373.09 .00 WELLS, ANTHONY 5610 V394200 3,333.32 .00 CAMPIZTA, ADAM 225 V394201 3,503.90 .00 DE LA CRUZ, RICARDO 558 V394202 1,226.99 .00 GOMEZ, JASON 869 V394203 3,458.43 .00 MACIAS, RAYMOND 2998 V394204 2,752.08 .00 WEAR, JOHN 5606 V394205 2,283.92 .00 ALARCON, ALEXANDER 485 V394206 7,122.02 .00 BOX, JAMES 576 V394207 2,194.35 .00 CHAVEZ, ARIANA 788 V394208 1,993.03 .00 CONTRERAS, SAUL 95 V394209 3,093.22 .00 HURTADO, MARIA 353 V394210 2,103.43 .00 MANCILLA, JSSICA 451 V394211 2,470.00 .00 MARTINEZ, SERENA 3147 V394212 2,767.03 .00 MOMPELLER, JUSTICE 443 V394213 2,186.08 .00 MORENO, ANDREW 161 V394214 426.59 .00 SANCHEZ, CHRISTOPHER 236 V394215 3,492.59 .00 SAUCEDA, MARK 4642 V394216 265.30 .00 ALTAWARAH, RAMA 153 V394217 1,114.08 .00 ALVARADO, ADRIAN 89 V394218 628.93 .00 BAHENA, PEDRO 148 V394219 727.57 .00 BAKER, JAMISON 465 V394220 768.66 .00 BALENTI, TYLOR 846 V394221 219.55 .00 BARENG, KATHERINE 33 V394222 916.51 .00 CARBAJAL, MARCELO 848 V394223 329.33 .00 CARVENTE, GIANJAVIER 334 V394224 904.63 .00 CISNEROS, MICHELLE 812 V394225 674.14 .00 CONSTANTINE, NATALIE 837 V394226 388.80 .00 DIEGO, NICOLE 331 V394227 633.04 .00 DURGIN, JAYLIND 186 V394228 521.44 .00 ESCAMILLA PATRICIO, DANIELLE 534 V394229 600.15 .00 FERNANDEZ, GISSEL 330 V394230 703.88 .00 GARCIA, MICHELE 171 V394231 504.05 .00 GONZALEZ, ISAAC 294 V394232 182.96 .00 GRANADOS, REGINA 145 V394233 891.21 .00 GUERRA, ATHZIRI 141 V394234 1,192.81 .00 GUILLEN, JAYDEN 339 V394235 954.45 .00 GUTIERREZ, MICHELLE 1925 V394236 201.26 .00 GUTIERREZ, SABRINA 847 V394237 890.58 .00 HERNANDEZ, KATE 2091 V394238 548.89 .00 HERNANDEZ-ZAMORA, JAZMIN 613 V394239 1,063.53 .00 HOLLOWAY, ELIZABETH 2185 V394240 219.55 .00 JUBRAN, NOAH 127 V394241 665.91 .00 LEOS LOPEZ, EVELYN 836 V394242 219.55 .00 LEWIS, ALEC 266 V394243 1,103.23 .00 MAGANA, ADAM 173 V394244 760.44 .00 MOLINA, LILLY 611 V394245 744.20 .00 NGHIEM, NATALIE 249 V394246 457.41 .00 NGUYEN, KEVIN 299 V394247 596.05 .00 OCHOA, ALAN 192 V394248 692.10 .00 REYES, JETH 844 SUNGARD PUBLIC SECTOR PAGE NUMBER: 8 DATE: 12/23/2025 CITY OF BUENA PARK PAYREP83 TIME: 20:31:11 CHECK REGISTER(CONCISE) SELECTION CRITERIA: checkhis.pay_run='NG2'
ALL CHECKS
V394249 1,223.50 .00 RIVERA GOMEZ, YAMILEX 4432 V394250 715.23 .00 RODRIGUEZ, JACOB 839 V394251 736.18 .00 RODRIGUEZ, KAREN 538 V394252 420.81 .00 RODRIGUEZ, MIKAYLA 295 V394253 987.73 .00 RUIZ, LUIS 527 V394254 366.48 .00 RUSSELL, JEFFREY 150 V394255 1,023.25 .00 SANCHEZ, NATHAN 504 V394256 768.45 .00 SANTANA, JOZELYN 838 V394257 661.81 .00 SCOTT, EMANY 842 V394258 641.26 .00 SHRESTHA, SALIS 610 V394259 1,259.36 .00 SOLTERO, JESSE 177 V394260 756.22 .00 SORIA, NOAH 5004 V394261 838.43 .00 STRICKLER, LINDA 5135 V394262 1,084.76 .00 TAPIA, ANGELICA 306 V394263 616.60 .00 THANKESWARAN, HASHMITHAA 543 V394264 1,469.63 .00 THOMSEN, MATTHEW 194 V394265 2,807.86 .00 VAN SICKLE, MICHELLE 2076 V394266 729.62 .00 VAZQUEZ, OSCAR 152 V394267 888.47 .00 VELOZ, SABRINA 146 V394268 728.18 .00 WEBER, ISABELLA 614 V394269 256.15 .00 WONGSUPHAKPHAN, BRIANNA 337 V394270 947.20 .00 AGUILAR, KALVIN 23 V394271 740.19 .00 BARTOLO, BRYAN 338 V394272 891.21 .00 CABUSAO, NINA MARINELLA 729 V394273 916.18 .00 CARRERA ABAD, MARIA 864 V394274 910.38 .00 CHOATE, RACHAEL 511 V394275 799.86 .00 CORRALES, ISAAC 474 V394276 2,726.73 .00 DAVIS, TANIKKA 1082 V394277 1,334.52 .00 GRACIA, TONY 622 V394278 906.61 .00 HONG, YI 2189 V394279 1,323.88 .00 LARIZ RUBALCAVA, CARLOS 429 V394280 868.43 .00 LIZARRAGA, ERIK 483 V394281 2,193.07 .00 LOZANO, WILFREDO 621 V394282 2,546.72 .00 MARQUEZ PINEDO, ANALISA 3118 V394283 418.50 .00 MEGGINSON, MARK 562 V394284 1,097.01 .00 MENDOZA, GISELLE 522 V394285 2,750.59 .00 NIELSEN, ROSEMARY 3760 V394286 1,426.37 .00 ORTIZ, YAHAIRA 241 V394287 993.83 .00 ROJAS, ASHLEY 473 V394288 883.99 .00 RUIZ, GIANCARLO 466 V394289 854.96 .00 SALAZAR, NICHOLAS 661 V394290 685.95 .00 SANCHEZ, MARIA 818 V394291 820.34 .00 SANDOVAL, RYAN 663 V394292 812.33 .00 SINGH, YASMINE 479 V394293 720.86 .00 SOSA, ELIANNA 341 V394294 844.38 .00 TOLEDO, ISAAC 742 V394295 521.18 .00 VEGA-MATA, PEDRO 278 V394296 854.53 .00 ZAZUETA, RYAN 267
PAYRUN TOTAL
CHECK: 434 1,194,699.84 .00
TOTAL
CHECKS: 434 1,194,699.84 .00
January 13, 2026
CONSENT CALENDAR
Item No. 4C.
City Council Agenda Report
TREASURER'S REPORT FOR THE MONTH OF NOVEMBER 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 CityTreasurer to submit a detailed investment report to the City Council. Attached for review are the Treasurer'sInvestment Reports for the month of November 2025. All of the investments listed meet the requirements of boththe 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 7,752,482.61 - 7,752,482.61 Union Bank - Outstanding checks (749,341.45) - (749,341.45) Union Bank - Outstanding deposits 151,183.17 - 151,183.17 7,154,324.33 - 7,154,324.33 Local Agency Investment Fund 24,144,924.05 - 24,144,924.05 Governmental Agency Securities 18,898,769.55 - 18,898,769.55 CMBS 10,897,656.26 - 10,897,656.26 Money Market Mutual 193,226.33 1,386,159.30 1,579,385.63 Supranational 3,383,135.00 - 3,383,135.00 Corporate 28,873,122.85 - 28,873,122.85 U S Treasury 46,366,763.70 - 46,366,763.70 Payables/Receivable 29,902.97 - 29,902.97 132,787,500.71 1,386,159.30 134,173,660.01
Total 139,941,825.04 1,386,159.30 141,327,984.34 Cash
Fund Description Balance
11 - General Fund 48,688,489.19
12 - Economic Development Fund 12,163,276.78
13 - Measure R 8,682,536.80
17 - Opioid Settlement Fund 691,999.26
18 - Local Law Enforcement Fund 74,024.41
20 - Asset Forfeiture Fund 700,007.17
21 - Capital Project Fund (72,561.54)
22 - Prop 172 PD Augment Fund 82,763.86
23 - State Law Enf Supp Fund 159,853.32
24 - State Gas Tax Fund 9,993,787.45
25 - Measure M2 2,609,417.83
28 - HOME Deferred Loan Fund 957,815.67
29 - Economic Development Fund (CDBG) (177,180.88)
30 - State OCATT Fund (130,256.51)
31 - Calhome Program 1,521,688.64
32 - Park In-Lieu Fund -
33 - Traffic Congestion Relief Fund 113,993.93
40 - AB 2766 (AQMD) Fund 520,454.14
52 - Water Enterprise Fund 33,373,558.58
53 - Wastewater Enterprise Fund (707,778.33)
54 - Water Impact Fund 9,042.62
55 - Sewer Impact Fund 8,147.23
62 - Workers' Comp Self-Ins Fund 4,956,578.51
63 - Public Liab Self-Ins Fund 201,694.79
65 - Accrued Leave Fund 499,682.49
71 - Equip Maint & Replacement Fund 8,237,535.63
73 - Payroll Revolving Fund -
74 - Management Info Systems Fund 2,149,915.24
77 - Gov't Buildings Maintenance Fund (174,099.02)
96 - Tourism & Marketing Dist 188,356.22
97 - Successor Fund to RDA 4,645,176.94
98 - Housing Successor Fund 1,360,063.92
Total Cash 141,327,984.34
* 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 November 30, 2025
City of Buena Park Core | Account #405 | As of November 30, 2025PORTFOLIO SUMMARY Performance Review
Account SummaryCredit Quality*Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(01/01/06)City of Buena Park CoreBenchmark Return AA2.34 End Values as of 10/31/2025End Values as of 11/30/2025Market ValueAccrued InterestTotal Market Value 111,307,392.94 111,872,169.310.00 0.00ParBook ValueCost ValueUnited StatesFarm Credit SystemBlackrock, Inc.
City of Buena Park Core | Account #405 | As of November 30, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotes30.05.0 4.320.0 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 NOTES30.05.05 40.0 0.0 City of Buena Park Core | Account #405 | As of November 30, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotes20.0 0.05.0 0.05 0.0FEDERAL AGENCIES30.020.0 0.05 335.0 0.00.020.0 0.220.0 0.20.0 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 November 30, 2025STATEMENT OF COMPLIANCERules Name Limit ActualCompliance StatusNotes0.00.0 0.030.0 0.05.0 0.05 0.00.0 0.0REPURCHASE AGREEMENTS0.05.0 0.030.0 0.030.05 20.0 0.0U.S. TREASURIES5 4 City of Buena Park Core | Account #405 | As of November 30, 2025RECONCILIATION SUMMARYMonth to DateFiscal Year to Date(07/01/2025)0.00 0.00PurchasesSales0.00 0.00Month to DateFiscal Year to Date(07/01/2025)0.00 0.00PurchasesSales0.00 0.00 Month to Date (2,100,000.00)Fiscal Year to Date (9,900,000.00)Month to Date 0.00Fiscal Year to Date 0.00PurchasesMonth to Date 5,029,848.29Fiscal Year to Date 21,840,187.83SalesMonth to Date (2,694,114.25)Fiscal Year to Date (10,486,700.78)Interest ReceivedMonth to Date 249,029.95Fiscal Year to Date 1,516,212.30Purchased / Sold InterestMonth to Date (5,073.63)Fiscal Year to Date (21,855.04) City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturityAGENCY0.030.032,000,000.000.240.232,000,000.000.400.532,000,000.002,500,000.002,000,000.003.52Total Agency 18,945,000.00 4.43%18,898,769.5518,919,426.58101.393.72%19,206,167.95227,802.5317.31%286,741.361.811.68 City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturityAAAAAA3.402,500.00AAAAAA03/25/203011,200,000.00 4.19%10,897,656.2610,960,150.5498.963.80%11,077,204.6532,777.049.98%117,054.113.272.92CASHReceivable0.000.00Aaa/AAAAAA0.000.00Total Cash 29,902.9729,902.9729,902.971.000.00%29,902.970.000.03%0.000.000.00CORPORATEA2/AA0.420.42AANA City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity500,000.00Aa2/AAAa3/A500,000.002,200.00Aa2/AAAAANA500,000.00NANA2.22NA2.04NA2.25535,000.002.40NANANA3.24A2/A3.24NA City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity3.53A2/AAA2.43A2/NAA3,500.00NA4.42NANATotal Corporate 29,035,000.00 4.50%28,873,122.8528,984,790.36101.143.94%29,361,989.39272,670.0826.46%377,199.032.762.38FUND0.000.00Aaa/AAAmAAA0.000.00Total Money Market Fund 193,226.33 3.85%193,226.33193,226.331.003.85%193,226.330.000.17%0.000.000.00SUPRANATIONALAaa/AAANA2.442,000,000.00Aaa/AAANA City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturityTotal 3,500,000.00 4.06%3,383,135.003,433,802.2599.303.55%3,475,511.5032,944.443.13%41,709.252.722.55US TREASURY0.200.330.330.500.540.5234.34 City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity2,000,000.0002/23/20232,000,000.0025,330.532.052,000,000.002.332.202.242.402,250,000.002.443.503.302,000,000.003.352,000,000.002,000,000.004.25Total US Treasury 47,750,000.00 3.50%46,366,763.7047,363,717.1799.733.61%47,607,254.25354,718.1842.91%243,537.082.061.91 City of Buena Park Core | Account #405 | As of November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossS&P/FitchMaturity110,653,129.30 4.01%108,642,576.66109,885,016.20100.103.73%110,951,257.04920,912.28100.00%1,066,240.842.342.11Total Market Value + Accrued 111,872,169.31 City of Buena Park Core | Account #405 | As of November 30, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossACQUISITIONSPurchase0.000.00Purchase0.000.00Purchase0.000.00Purchase0.00Purchase0.000.00Purchase0.000.00Purchase0.000.00Purchase0.000.00Purchase0.00Purchase0.00Purchase0.000.00Purchase0.000.00Total Purchase 5,025,807.67 (5,029,848.29) (5,073.63) (5,034,921.92) 0.00TOTAL ACQUISITIONS 5,025,807.67 (5,029,848.29) (5,073.63) (5,034,921.92) 0.00DISPOSITIONSMaturity0.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossMaturity0.000.00Total Maturity (2,100,000.00) 2,100,000.00 0.00 2,100,000.00 0.00Sale0.000.00Sale0.000.00Total Sale (2,694,114.25) 2,694,114.25 0.00 2,694,114.25 0.00TOTAL DISPOSITIONS (4,794,114.25) 4,794,114.25 0.00 4,794,114.25 0.00OTHER TRANSACTIONS0.002,500.00 0.00 2,500.00 0.000.000.000.000.0003/25/20300.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/Loss0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.0020,250.00 0.00 20,250.00 0.000.000.000.000.000.000.000.000.000.00Total Coupon 0.00 272,421.86 0.00 272,421.86 0.000.000.000.00Total Dividend 0.00 4,277.97 0.00 4,277.97 0.00Cash0.000.00Total Management Fee (8,222.28) (8,222.28) 0.00 (8,222.28) 0.00 City of Buena Park Core | Account #405 | As of November 30, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossTOTAL OTHER TRANSACTIONS (8,222.28) 268,477.55 0.00 268,477.55 0.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCASH & EQUIVALENTS0.000.000.000.000.00Receivable0.000.000.000.000.000.000.000.000.000.000.00Total Cash & Equivalents 223,129.301,563,766.001,325,807.67(2,694,114.25)223,129.300.002,233.090.002,233.090.000.000.002,233.09 2,233.09FIXED INCOME03/20/20230.000.000.000.000.000.000.00500,000.000.000.000.002,200.000.000.000.000.000.000.000.002,500.000.003,324.443,324.44 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.00500,000.000.000.000.000.000.000.000.002,000.000.000.000.000.000.0005/20/20240.000.000.000.000.000.000.000.0005/02/20250.000.003,500.003,500.000.00535,000.000.000.000.000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.000.000.000.000.000.000.005,500.000.000.000.000.000.000.000.000.000.000.000.000.000.000.002,000,000.000.000.000.000.002,500,000.000.000.000.002,000,000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income2,000,000.000.000.000.000.002,000,000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.003.240.003.240.000.000.000.000.000.000.000.000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income04/23/20250.000.000.000.000.000.000.000.000.000.000.000.000.000.002,500.002,500.002,500.002,500.000.0003/25/20300.000.000.000.000.000.0050.520.0050.522,000,000.000.000.000.000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.000.000.000.000.0003/20/20230.000.000.000.000.000.0020,250.000.000.000.000.000.000.000.000.000.000.000.002,500.000.00500,000.000.000.000.000.0003/20/20230.000.000.003,000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.0034.340.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.000.000.000.000.000.000.000.000.002,000,000.000.000.000.000.0002/23/20232,000,000.000.000.000.000.000.000.000.000.002,000,000.000.000.000.000.002,000,000.000.000.000.00320.020.00320.0204/22/20250.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.002,000,000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.000.0005/02/20250.000.000.000.002,250,000.000.000.000.000.000.000.000.000.00 City of Buena Park Core | Account #405 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal Income0.000.000.000.000.000.000.000.00Total Fixed Income 110,430,000.00108,020,251.703,704,040.62(2,100,000.00)109,661,886.90867,506.27241,723.23920,912.28295,129.2440,544.11(2,949.53)37,594.58332,723.82 332,723.82TOTAL PORTFOLIO 110,653,129.30109,584,017.705,029,848.29(4,794,114.25)109,885,016.20867,506.27243,956.32920,912.28297,362.3340,544.11(2,949.53)37,594.58334,956.91 334,956.91 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount0.000.000.000.002,000,000.00Final Maturity2,500.00 2,500.00Final Maturity30,000.00 30,000.00December 2025 Total 2,149,277.97 319,320.79 2,468,598.76 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total AmountJANUARY 2026500,000.00535,000.002,250,000.002,000,000.002,500.00 2,500.0025,000.00 25,000.00January 2026 Total 241,633.08 241,633.08Final Maturity2,000,000.0035,000.00 35,000.002,000,000.0040,000.00 40,000.00 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount30,000.00 30,000.00Final Maturity2,500.00 2,500.002,000,000.00Final Maturity2,000,000.002,000,000.00 2,000,000.00February 2026 Total 4,750,000.00 487,271.62 5,237,271.62MARCH 20262,000,000.00 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount2,000,000.0040,000.00 40,000.0035,000.00 35,000.00Final Maturity500,000.002,000,000.002,500.00 2,500.00Final Maturity2,000,000.00March 2026 Total 2,500,000.00 389,179.54 2,889,179.54APRIL 2026 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount500,000.002,500.00 2,500.002,000,000.0040,000.00 40,000.00Final Maturity2,000,000.002,000,000.00 2,000,000.00Final MaturityApril 2026 Total 3,300,000.00 240,843.29 3,540,843.29MAY 2026Final Maturity City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount2,500,000.0020,250.00 20,250.002,500.00 2,500.00May 2026 Total 1,000,000.00 275,995.79 1,275,995.79JUNE 2026Final Maturity2,000,000.00Final MaturityFinal Maturity City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount2,500.00 2,500.0030,000.00 30,000.00June 2026 Total 3,500,000.00 296,839.54 3,796,839.54JULY 2026500,000.00535,000.002,250,000.0023,025.00 23,025.002,000,000.00 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount2,500.00 2,500.0025,000.00 25,000.00Final MaturityFinal Maturity2,000,000.0035,000.00 35,000.002,000,000.0040,000.00 40,000.00July 2026 Total 3,500,000.00 412,127.04 3,912,127.04AUGUST 2026Final Maturity City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount2,500.00 2,500.002,000,000.002,000,000.0040,000.00 40,000.00August 2026 Total 1,600,000.00 344,870.79 1,944,870.7935,000.00 35,000.00500,000.002,000,000.00 City of Buena Park Core | Account #405 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total Amount2,500.00 2,500.00Final Maturity2,000,000.00September 2026 Total 2,000,000.00 292,750.37 2,292,750.37500,000.002,500.00 2,500.00October 2026 Total 104,433.29 104,433.29Grand Total 314,610,000.00 24,299,277.97 3,405,265.16 27,704,543.13 City of Buena Park Liquid | Account #406 | As of November 30, 2025PORTFOLIO SUMMARY Performance Review
Account SummaryCredit Quality*Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(01/01/06)City of Buena Park Liquid 0.34%4.49% 4.50%Benchmark Return0.96%4.24%
0.004.06%4.09%4.06%AAA0.000.00 End Values as of 10/31/2025End Values as of 11/30/2025Market ValueAccrued Interest 0.00 0.00Total Market Value 24,064,126.89 24,144,924.050.004,000,000.00 0.00ParBook ValueCost ValueLAIF
City of Buena Park Liquid | Account #406 | As of November 30, 2025RECONCILIATION SUMMARYMonth to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00Purchases 0.00Sales 0.000.00 0.000.00 0.00Month to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00Purchases 0.00Sales 0.000.00 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 0.00Fiscal Year to Date 5,624,575.63SalesMonth to Date 0.00Fiscal Year to Date (17,500,000.00)Interest ReceivedMonth to Date 0.00Fiscal 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 November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueBook ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossMoody's/S&P/FitchMaturityCASHReceivable0.00%0.000.69%0.00Aaa/AAAAAA0.000.00Total Cash 166,582.63166,582.63166,582.631.000.00%166,582.630.000.69%0.000.000.00LAIF90LAIF$00State Pool4.09%4.09%0.000.00NA/NANA0.000.00Total LAIF 23,978,341.42 4.09%23,978,341.4223,978,341.421.004.09%23,978,341.420.0099.31%0.000.000.0024,144,924.05 4.09%24,144,924.0524,144,924.051.004.06%24,144,924.050.00100.00%0.000.000.00Total Market Value + Accrued 24,144,924.05 City of Buena Park Liquid | Account #406 | As of November 30, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossOTHER TRANSACTIONSTOTAL OTHER TRANSACTIONS 0.00 0.00 0.00 0.00 0.00 City of Buena Park Liquid | Account #406 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsBook Value: BeginBook Value: AcqBook Value: DispBook Value: EndPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCASH & EQUIVALENTSReceivable0.000.000.000.000.000.000.000.000.000.000.00Total Cash & Equivalents 166,582.6385,785.470.000.00166,582.630.000.000.000.000.000.000.000.00 0.00LAIF90LAIF$00Fund State Pool0.000.000.000.000.000.000.000.000.000.000.00Total LAIF 23,978,341.4223,978,341.420.000.0023,978,341.420.000.000.000.000.000.000.000.00 0.00TOTAL PORTFOLIO 24,144,924.0524,064,126.890.000.0024,144,924.050.000.000.000.000.000.000.000.00 0.00 City of Buena Park Liquid | Account #406 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total AmountDECEMBER 202590LAIF$00 0.00December 2025 Total 80,797.16 80,797.16JANUARY 202690LAIF$00January 2026 Total 85,785.47 85,785.47Grand Total 23,978,341.42 166,582.63 166,582.63 CONFIDENTIAL | 2
City of Buena Park RDA Series B Bond | Account #10033 | As of November 30, 2025PORTFOLIO SUMMARY Performance Review
Account SummaryCredit Quality*Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(08/01/08)Buena Park RDA Series B Bond 0.31% 0.99%3.00% 2.01%
0.00AAA0.000.00 End Values as of 10/31/2025End Values as of 11/30/2025Market ValueAccrued Interest 0.00 0.00Total Market Value 1,381,808.83 1,386,159.30Income Earned0.00 0.00ParBook ValueCost ValueFederated Hermes, Inc. 99.69% **Periods over 1 year are annualized.Benchmark: NO BENCHMARK REQUIRED
CONFIDENTIAL | 3
City of Buena Park RDA Series B Bond | Account #10033 | As of November 30, 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 November 30, 2025RECONCILIATION SUMMARYMonth to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00Purchases23,621.05Sales 0.00 0.000.00 0.000.00 0.00Month to DateFiscal Year to Date(07/01/2025)0.00 0.000.00 0.00Purchases23,621.05Sales 0.00 0.000.00 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 4,672.36Fiscal Year to Date 23,621.05SalesMonth to Date 0.00Fiscal Year to Date 0.00Interest ReceivedMonth to Date 4,672.36Fiscal Year to Date 23,621.05Purchased / 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 November 30, 2025HOLDINGS REPORTCusipPar Value/UnitsPurchase DatePurchase YieldCost ValueBook ValueMkt PriceMkt YTMMarket ValueAccrued Int.% of Port.Gain/LossMoody's/S&P/FitchMaturityCASHReceivable1.000.00%0.000.31%0.00Aaa/AAAAAA0.000.00Total Cash 4,350.474,350.474,350.471.000.00%4,350.470.000.31%0.000.000.00MONEY MARKET FUNDFEDERATED HRMS GV O INST1.000.0099.69%0.00Aaa/AAAmAAA0.000.00Total Money Market Fund 1,381,808.83 3.85%1,381,808.831,381,808.831.003.85%1,381,808.830.0099.69%0.000.000.001,386,159.30 3.85%1,386,159.301,386,159.301.003.84%1,386,159.300.00100.00%0.000.000.00Total Market Value + Accrued 1,386,159.30 CONFIDENTIAL | 6
City of Buena Park RDA Series B Bond | Account #10033 | As of November 30, 2025TRANSACTION LEDGERDateCUSIPPriceAcq/Disp YieldAmountInterest Pur/SoldTotal Amount Gain/LossACQUISITIONSPurchaseFEDERATED HRMS GV O INST1.000 3.93%0.000.00Total Purchase 4,672.36 (4,672.36) 0.00 (4,672.36) 0.00TOTAL ACQUISITIONS 4,672.36 (4,672.36) 0.00 (4,672.36) 0.00OTHER TRANSACTIONSDividend0.00FEDERATED HRMS GV O INST0.000.00Total Dividend 0.00 4,350.47 0.00 4,350.47 0.00TOTAL OTHER TRANSACTIONS 0.00 4,350.47 0.00 4,350.47 0.00 City of Buena Park RDA Series B Bond | Account #10033 | As of November 30, 2025INCOME EARNEDCusipTrade DateUnitsBook Value: BeginBook Value: AcqBook Value: DispBook Value: EndPrior AccruedInc. ReceivedEnding AccruedTotal InterestAccr. Of DiscountAmort. Of PremiumNet Accret/AmortIncome EarnedTotal IncomeCASH & EQUIVALENTSFEDERATED HRMS GV O INST0.000.000.000.000.000.00Receivable0.000.000.000.000.000.000.000.000.000.000.00Total Cash & Equivalents 1,386,159.301,381,808.834,672.360.001,386,159.300.004,672.360.004,672.360.000.000.004,672.36 4,672.36TOTAL PORTFOLIO 1,386,159.301,381,808.834,672.360.001,386,159.300.004,672.360.004,672.360.000.000.004,672.36 4,672.36 City of Buena Park RDA Series B Bond | Account #10033 | As of November 30, 2025CASH FLOW REPORTPayment DateCUSIPPrincipal Amount Income Total AmountDECEMBER 202512/01/2025 Dividend0.00 FEDERATED HRMS GV O INSTDecember 2025 Total 4,350.47 4,350.47Grand Total 0.00 4,350.47 4,350.47 January 13, 2026
CONSENT CALENDAR
Item No. 4D.
City Council Agenda Report
PROCLAMATION RECOGNIZING JANUARY 13, 2026 AS KOREAN AMERICAN DAY
PREPARED BY PRESENTED BY
Angelica Lopez, Administrative Assistant Adria Vicuna, Director of Government and Community Relations/City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adria M. Vicuna, Director of Government & Community
Relations/City Clerk Aaron France, City Manager
RECOMMENDED ACTION
Approve proclamation.
Attachments
Korean American Day 2026.pdf
KOREAN AMERICAN DAY
JANUARY 13, 2026
WHEREAS, on January 13, 1903, a group of 102 brave Korean men, women, and children arrived in Honolulu, Hawaii, embarking on a journey in search of better opportunities and a brighter future; and,
WHEREAS, today, there are over 2 million Korean Americans living across the United States, with more than 140,000 residing in Orange County, the second-largest Korean population by county in the nation; and,
WHEREAS, Korean Americans have made invaluable contributions to our nation’s business, cultural, academic, and religious sectors. According to the 2020 United States Census, Korean Americans own and operate over 612,194 businesses nationwide, enriching the country’s economy; and,
WHEREAS, the City of Buena Park takes great pride in its vibrant and thriving Korean American business community, which plays a vital role in sustaining the local economy; and,
WHEREAS, Korean Americans in Buena Park are dedicated to serving their community in countless ways—providing support in areas such as healthcare, financial aid, spiritual guidance, and cultural enrichment, while fostering positive influences throughout the City; and,
WHEREAS, the City of Buena Park has a long-standing history of connecting with its Korean American residents, who make up more than 30% of the City’s population, according to the most recent United States Census data.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK does hereby proclaim January 13, 2026, as "KOREAN AMERICAN DAY" in honor of the lasting impact Korean Americans have made in shaping our country and our community. All citizens are encouraged to join in recognizing this remarkable heritage and to take the opportunity to celebrate the rich cultural contributions of t he Korean American community.
PASSED AND ADOPTED this 13th day of January 2026.
Connor Traut
Mayor
Lamiya Hoque
Vice Mayor
Joyce Ahn
Council Member
Carlos Franco
Council Member
Susan Sonne
Council Member
January 13, 2026
CONSENT CALENDAR
Item No. 4E.
City Council Agenda Report
FINAL PAYMENT TO ROD-WEST FLOOR COVERING, LLC FOR THE OCFA FIRE STATION 63 FLOORINGREPLACEMENT PROJECT
PREPARED BY PRESENTED BY
Aaron Esparza-Almaraz, Assistant Engineer Aaron Esparza-Almaraz, Assistant Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Accept the project as complete and approve a final payment to Rod-West Floor Covering, LLC in the amount of $44,338; and 2) Direct the Public Works Department to file a Notice of Completion.
PREVIOUS CITY COUNCIL ACTION
On August 12, 2025, the City Council approved a contract with Rod-West Floor Covering, LLC in the amount of $44,338 for the OCFA Fire Station 63 Flooring Replacement Project. The approved total construction project budget of $49,338 included a $5,000 construction contingency.
DISCUSSION
The OCFA Fire Station 63 Flooring Replacement Project has been completed. This project consisted of asbestos abatement and installing 1,400 square feet of new vinyl flooring at the station. Improvements included the station’s kitchen, day room, office, hallway, and several other rooms.
Contract Dates
Advertisement: June 24, 2025
Contract Awarded: August 12, 2025
Notice to Proceed: November 17, 2025
Work Completed: December 10, 2025
The contractor has submitted a bill for work completed as of December 10, 2025. All items, quantities, and prices have been checked and found to be in accordance with the contract documents. The final payment is in the amount of $44,338. The final contract cost for this project is $44,338. This amount is $5,000 (or 10.1%) under the approved construction project budget of $49,338. The total retention is in the amount of $2,216.90, and will be released following the expiration of the 35-day lien period. An analysis of expenditures is listed in Appendix “A” – Capital Improvement Project Final Report.
It is hereby recommended that the City Council accept the project as complete.
BUDGET IMPACT
The final cost of the project is $44,338. This project was funded by the OCFA Fire Station 63 Improvement Account Fund (Account No 11-190142-9806).
Attachments
Att 1 of 3 - Appendix A.pdf
Att 3 of 3 - Finance Department OCFA Flooring.pdf
Att 2 of 3 - ContractorsInvoice_RodWest.pdf
CONTRACT
Original Construction Contract Amount $44,338.00
Council Approved Construction Contingency Funds $5,000.00 Approved Construction Contract Amount $49,338.00
CONTRACT ADJUSTMENTS
Contract Change Orders
None $0.00
Total Contract Adjustments $0.00
CONTRACT EXPENDITURES
Previous Payments
Value of Work Done Previously $0.00
Retention Held Previously $0.00
Less Previous Payments $0.00
Final Payment
Value of Work Done This Period $44,338.00
Retention Held This Period -$2,216.90
Total Amount Due This Payment $42,121.10
PROJECT SUMMARY
Original Construction Contract Amount $44,338.00
Total Construction Contract Adjustment $0.00
Revised Construction Contract $44,338.00
Approved Construction Contract Amount $49,338.00
Amount Under the Approved Construction Contract Amount $5,000.00 Percentage Under the Approved Construction Contract Amount 10.1% OCFA FIRE STATION 63 FLOORING REPLACEMENT PROJECT
Appendix "A" - Capital Improvement Project Final Report
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
Department of Public Works
DATE: January 13, 2026
TO: Adrian Garcia, Finance Manager
FROM: Mina Mikhael, P.E., Director of Public Works / City Engineer
SUBJECT: OCFA FIRE STATION 63 FLOORING REPLACEMENT PROJECT
Amount: $44,338.00 Account No.: 11-190142-9806
Purchase Order: #260261
Contractor: ROD-WEST FLOOR COVERING, LLC
15120 Bonavista Ave. #103
Santa Fe Springs, CA 90670
Date Warrants are to be Mailed: January 29, 2026
RECOMMENDATION:
It is recommended that the Finance Officer issue a warrant for the final payment on this contract.
CERTIFICATION:
This is to certify that the subject project has been completed satisfactorily. The contractor has submitted the final bill for the completed work and is entitled to payment in the amount of 44,338.00 less 5% retained (attached). Bid items, quantities and prices have been checked through this department and are found to be accurate in accordance with the contract documents. A copy of the final report is attached for your file. A “Notice of Completion” will be filed by the Public Works upon approval of the City Council, and following the expiration of the 35-day lien period; the 5% retention will be released to the c ontractor. Final Payment represents 100% completion to date.
C: Aaron Esparza-Almaraz, Assistant Engineer
Gloria Hernandez, Account Clerk
Flooring Contractor
15120 Bonavista Ave. #103
Santa Fe Springs, CA 90670
657-325-4014
Invoice
U/M
EA
SF
SF
SF
LS
LS
SF
Subtotal 44,338.00 $
2,216.90$
Total 42,121.10 $
5% Retention
Moisture mitigation 1,355.00 5.00 6,775.00
Furnish and install wall base 1.00 378.00 378.00
Moisture testing 1.00 100.00 100.00
Asbestos abatement 1,355.00 15.00 20,325.00
Furnish and install LVT flooring 1,355.00 10.00 13,550.00 Mobiliza/Demobilize 1.00 500.00 500.00
Remove and dispose existing flooring and other waste materials 1,355.00 2.00 2,710.00 Description QTY Unit Price Total
Buena Park, CA 90621
Project Name
Project Address 9120 Holder St.
OCFA Fire Station 63 Flooring Replacement
Bill To City of Buena Park Date 12/17/2025
6650 Beach Blvd. Invoice No. 2342
Buena Park, CA 90620
Project No. 149
January 13, 2026
CONSENT CALENDAR
Item No. 4F.
City Council Agenda Report
PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC. TO PREPARE ANDSUBMIT ACTIVE TRANSPORTATION PROGRAM CYCLE 8 GRANT APPLICATIONS
PREPARED BY PRESENTED BY
Deepthi Arabolu, Assistant City Engineer Deepthi Arabolu, Assistant City Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Approve a Professional Services Agreement (PSA) with Mark Thomas & Company, Inc. (Mark Thomas) in the amount of $44,965 to prepare and submit Active Transportation Program Cycle 8 Grant applications; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute the agreement; and, 4) Appropriate $44,965 from the undesignated Gas Tax Fund balance for this purpose.
PREVIOUS CITY COUNCIL ACTION
On October 24, 2023, the City Council approved a resolution authorizing the Director of Public Works to execute agreements associated with a conditional Sustainable Transportation Planning Grant Program (STPGP) award to develop the Buena Park Safe Routes to School (SRTS) Plan.
On October 22, 2024, the City Council approved a professional services agreement with Kimley-Horn and Associates, Inc. for the development of the Buena Park Safe Routes to School Plan.
DISCUSSION
The City is currently developing a SRTS Plan, which evaluates and identifies recommended active transportation improvements around 14 schools throughout the City. The SRTS Plan is expected to be completed by March 2026 and will provide a comprehensive, data-driven framework for improving pedestrian and bicycle safety, identifying priority projects, and positioning the City to pursue state and federal active transportation funding opportunities.
One of the primary funding sources for implementing SRTS-related improvements is the State of California’s Active Transportation Program (ATP). Established by Senate Bill 99, the ATP focused on increasing walking and bicycling, improving safety and mobility for non-motorized users, supporting greenhouse gas reduction efforts, enhancing public health, and benefiting disadvantaged communities.
Staff is proposing submitting two (2) ATP grant applications for the current cycle (Cycle 8), they are:
1. Minor Systemic Infrastructure Improvements application based on the Safe Routes to School Plan
2. Non-Infrastructure application to retain a City Active Transportation Coordinator On December 1, 2025, staff issued a Request for Proposals (RFP) to solicit professional services for the preparation of the ATP Cycle 8 grant applications. Three (3) proposals were received on December 18, 2025, and evaluated by staff. Following the evaluation process, staff determined that Mark Thomas & Company, Inc. (Mark Thomas) is the most qualified firm based on its demonstrated understanding of the project scope, approach, schedule, cost-effectiveness, and experience preparing successful ATP applications for agencies such as the City of Brea and the County of Orange.
Staff recommends awarding a Professional Services Agreement with Mark Thomas in the amount of $44,965 to prepare and submit the ATP Cycle 8 grant applications. ATP applications are due June 22, 2026, with submittal anticipated by June 16, 2026. Grant award announcements are expected in mid-2026. Although this agreement will finalize the scope of the grant applications, staff anticipates the grant funding request to be in the $1-$3 million range.
The City Attorney has reviewed and approved the proposed agreement.
BUDGET IMPACT
This agreement is in the amount of $44,965. Because this project was not included in the 2025–2027 Adopted Budget, staff recommends appropriating $44,965 from the undesignated Gas Tax balance to the Street/Sidewalk Maintenance Account (24-560211-6240) to fund this grant application.
Attachments
Att 1 of 2 - 2026 ATP Cycle 8 Combination Grant Application Request for Proposals.pdf Att 2 of 2 - 2026 ATP Grant Application - PSA.pdf
CITY OF BUENA PARK
COUNTY OF ORANGE
STATE OF CALIFORNIA
Proposal Due Date: December 18, 2025 BY 6:00 PM
RFP Administrator: Carina Coles, E.I.T.
Assistant Engineer
Public Works Department
6650 Beach Blvd,
Buena Park, CA 90621
T: (714) 562-3696
[email protected]
Interested parties may obtain a copy of this RFP by emailing the RFP Administrator
ISSUED: December 1, 2025
REQUEST FOR PROPOSALS (RFP)
ACTIVE TRANSPORTATION PROGRAM (ATP)
CYCLE 8 COMBINATION GRANT APPLICATION
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INTRODUCTION
The City of Buena Park (“City”) is requesting proposals from qualified consulting firms (“Consultant”) to prepare a complete Active Transportation Program (ATP) Cycle 8 Combination Grant Application (Medium Infrastructure + Non-Infrastructure) for the Buena Park Safe Routes to School (SRTS) Project.
The Consultant will prepare all application materials —including narrative responses, technical documentation, cost estimates, graphics, and required attachments —consistent with the California Transportation Commission (CTC) ATP Cycle 8 Guidelines. The State is expected to release the Cycle 8 Call for Projects in March 2026, with applications due June 22, 2026.
Each proposer is solely responsible for the expenses incurred in preparing their proposal in response to this RFP. The City explicitly disclaims any responsibility for assumptions made by proposers based on the presence or absence of information provided by the City in any form.
The issuance of this RFP does not commit the City to award a contract or enter into an agreement. The City reserves the right to reject any or all proposals in its sole discretion and may request new proposals if deemed necessary for the best interests of the City. Furthermore, the City reserves the right to cancel, modify, or postpone this RFP at any time, and may waive any procedural irregularities or informalities that may arise during the RFP process.
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PROJECT BACKGROUND AND OBJECTIVE
The City is currently developing a Safe Routes to School (SRTS) Master Plan covering 14 schools.
The forthcoming ATP application will focus on:
• Minor systemic infrastructure improvements (as identified in the SRTS Master Plan) • One (1) significant non -infrastructure program recommendation (creation of a City Active Transportation Coordinator)
The objective of this RFP is to procure a consultant team that will develop a strong, competitive ATP Cycle 8 application that reflects City goals, community needs, safety issues, and disadvantaged community (DAC) considerations.
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QUALIFICATIONS
MINIMUM QUALIFICATIONS
• Satisfactory completion of a minimum of three (3) ATP grant applications within the last 5 years for municipalities within California, and provide references;
• Ability to provide deliverables consistent with the latest City-adopted formats and software; and
• Familiarity with City of Buena Park standards, provisions, and practices.
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SCOPE OF SERVICES
The Consultant shall provide all labor, materials, and expertise necessary to complete the following tasks. The City expects proposals to address each task and describe methods, staffing, and approach.
Task 1 – Project Management and Administration
One in-person kick-off meeting will be held with City staff prior to beginning work to review and refine the work program and schedule, identify critical milestones, and establish communication protocol.
Consultant shall prepare and maintain a detailed Critical Path Method (CPM) schedule for all project tasks, deliverables, review periods, and submission deadlines. Consultant shall conduct periodic meetings (including phone conference and coordination meetings) with the City to discuss progress.
Consultant shall:
• Prepare and maintain a detailed Critical Path Method (CPM) schedule. • Conduct periodic meetings with the City.
• Organize, schedule, and chair all meetings.
• Prepare agendas at least two (2) days prior to meetings. • Prepare minutes within three (3) days after meetings. • Conduct up to two (2) monthly virtual progress meetings. • Maintain project files, track and manage budget, submit monthly invoices, and coordinate with subconsultants.
Task 2 - Data Collection and Evaluation of Existing Conditions
Consultant shall coordinate with City staff to assemble all relevant data, including:
• As-built plans and records
• Traffic safety data and collision history
• Traffic counts and speed data
• Past public outreach conducted through the SRTS Master Plan • GIS data, school boundaries, and enrollment information • Relevant City plans, policies, and design standards
• Any additional information needed for the ATP application
Consultant shall conduct field reviews at up to five (5) identified locations to confirm existing conditions and collect photographs for use in the application.
Deliverables
• Data Request Summary
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Task 3 – Preparation of ATP Cycle 8 Grant Application
Task 3.1 - Infrastructure Application
Consultant shall prepare draft and final narrative responses to Part A and Part B of the Medium Infrastructure ATP application, addressing:
• Project needs and safety issues
• Barriers to active travel
• Expected benefits
• Public input
• Equity and disadvantaged community documentation
• Project outcomes and performance metrics
Consultant shall prepare the following for the application:
• Project Location Map
• Existing Barriers & Proposed Improvements Map
• Photos of Existing Conditions
• Detailed Engineer’s Estimate (per ATP checklist)
• Additional maps as required (collision maps, DAC documentation, etc.)
Task 3.2 - Non-Infrastructure (Combination) Application
Consultant shall prepare narrative responses for the Combination (Medium Infrastructure + Non - Infrastructure) ATP application, including:
• Expanded SRTS education and encouragement narratives
• Community engagement and school partnerships
• Work plan for non-infrastructure programming
• Disadvantaged community information
• Outcomes and benefits of the Active Transportation Coordinator role
Consultant shall prepare the following for the application:
• Student Enrollment Map
• Non-infrastructure cost estimate
• School support documentation templates
Task 3.3 - Application Support Materials
Consultant shall:
• Coordinate with the California Conservation Corps and/or Local Conservation Corps as required
• Prepare templates for Letters of Support
• Assist City staff in assembling complete application package
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Task 3.4 - Outreach & Public Engagement Support
To strengthen the infrastructure application and meet ATP scoring expectations, the Consultant shall lead at least two (2) community outreach meetings and associated engagement activities.
Consultant shall conduct two (2) outreach meetings , which may be virtual, in -person, or hybrid .
These meetings may be h osted in coordination with schools, parent groups, or community -based organizations.
Outreach meetings shall include:
• Presentation of existing conditions and barriers
• Summary of proposed infrastructure improvements
• Open discussion/Q&A
• Collection of input for ATP narratives
• Spanish and Korean interpretation (if required by City)
Consultant shall prepare the following outreach materials for these meetings:
• Flyers, posters, email graphics
• Presentation slides
• Project fact sheets (in English, Spanish, and Korean) • Sign-in sheets and engagement summaries
Consultant shall prepare an Outreach Summary Report, documenting attendance, feedback themes, community priorities, photos, screenshots, and any meeting materials. This information shall be incorporated into ATP Part A & B narratives.
Deliverables
• Online draft ATP application for City review (one review cycle; 5-day turnaround by City)
Task 4 – Preliminary Scoring of Grant Materials
Consultant shall apply the ATP Cycle 8 scoring rubric to the draft application and provide:
• Preliminary score
• Assessment of strengths and weaknesses
• Recommendations for revisions to increase competitiveness
Deliverables
• Preliminary Scoring Memo (City review period: 5 days)
Task 5 – Finalize and Submit Grant Application
Consultant shall incorporate all comments, finalize the ATP Cycle 8 application, and:
• Submit electronically to the CTC
• Provide one (1) electronic copy of all submitted materials to the City
Deliverables
• Final ATP Cycle 8 Application Package
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SCHEDULE
Consultant shall prepare a detailed schedule following times of completion and milestones for each task. The City desires to meet the following milestones (tentative):
• Award Professional Services Agreement January 2026 • Project Completion Goal Within 3 months of NTP • ATP Cycle 8 Application Due June 22, 2026
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INSTRUCTIONS
REGISTRATION:
All interested proposers shall register by emailing Carina Coles at [email protected].
PROPOSAL FORMAT:
Proposals must be:
• Typed on standard 8-1/2” x 11” paper. Minimum font size is to be 12. • Proposals are not to exceed ten (10) one-sided pages, including all responses, reference work, and information about the firm and individuals assigned to the project.
Proposals shall be submitted to the RFP Administrator via email at [email protected]. Please note that part of the evaluation criteria takes Consultant’s proposal responsiveness into consideration.
Proposals missing the required components listed will be evaluated accordingly. Proposals shall include the following:
1. Cover Letter
2. Project Understanding and Approach
3. Detailed Scope of Work
4. Project Schedule (3-month target duration after Notice to Proceed)
5. Project Team & Qualifications
6. Relevant Experience and Past ATP Successes
7. List of Similar SRTS and ATP Projects
8. Cost Proposal (lump sum, with task breakdowns)
9. References (minimum of three California municipal clients)
SUBMITTAL INFORMATION:
Proposals are due by 6:00 PM on December 18, 2025 to the RFP Administrator at the City of Buena Park.
RFP Administrator: Carina Coles, E.I.T.
Assistant Engineer
City of Buena Park – Public Works Department
6650 Beach Boulevard
Buena Park, CA 90621
T: (714) 562-3696
Email: [email protected]
An electronic copy of the proposal shall be submitted. Please mark all submittals as “2026 ATP CYCLE 8 COMBINATION GRANT APPLICATION”.
It is the responsibility of the proposer to ensure their proposal is received before the stated deadline.
The RFP Administrator may be reached at (714) 562-3696 to verify receipt of proposals. If the required information is not provided, a proposal may be considered nonresponsive and rejected without
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evaluation. Late submittals are considered nonresponsive and will be rejected. Submittal of additional information after the due date is not permitted.
QUESTIONS, ANSWERS, AND ADDENDA TO RFP:
All questions pertaining to this RFP shall be emailed to the RFP Administrator by December 10, 2025 at 6:00 PM. 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 Consultant where indicated.
PROPOSAL EVALUATION CRITERIA:
Proposals will be evaluated based on the response to all provisions of this RFP . The City may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which the criteria appear is not intended to indicate their relative importance. The City is under no obligation to award this project to the proposer offering the lowest fees. Price will be a consideration but not the predomina nt factor in making an award, and instead, price will be considered in context of the demonstrated qualifications, experience, and capacity to provide the required services . The City reserves the right to modify the evaluation criteria and percentage of score as deemed appropriate prior to the commencement of evaluation.
POTENTIAL PROPOSAL EVALUATION CRITERIA
Qualifications and Experience – The qualifications and experience of the proposing Consulting firm and team with preparing Active Transportation Program grant applications. Quality of key individuals.
Client references. Understanding of Active Transportation Program and grant competitiveness. Experience with Safe Routes to School and Active Transportation Program applications.
30%
Project Approach – The Consultant’s response in developing a comprehensive plan while meeting requirements and the City’s specific needs. Consultant’s ability to deploy the appropriate resources to promptly meet requested work. The Consultant’s ability to self-perform the desired work, or form a quality team of subconsultants. 30%
Compliance with RFP – The ability of the Consultant to comply with all instructions set forth under this RFP as well as the Consultant’s 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%
Fees – The Consultant’s submitted fee schedule. 10%
The City is under no obligation to award this project to the Consultant offering the lowest fee proposal.
Evaluation criteria expressed in this RFP solicitation may be used in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications of the Consultants and whether the proposals comply with the prescribed requirements. The size and scope of the project at hand may dictate the degree to which Qualifications-Based Selection processes are utilized.
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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 and all proposals.
SELECTION PROCESS:
All proposals received as specified will be evaluated by City staff in accordance with the above criteria.
During the evaluation period, the City may do any or all of the following: generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business; conduct negotiations with the mos t qualified candidate(s). Consultants should be aware that an award can be made without consultant visits, interviews, or further discussion or negotiations.
DRAFT AGREEMENT:
A standard draft template of the City’s Professional Services Agreement will be sent to the awarded firm for review. Please note that general provisions and insurance requirements are not subject to change. If your firm is selected following the RFP process, a final agreement will be prepared for approval and execution. At that time, you will need to provide current insurance certificates , which meet the requirements as listed in the agreement.
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TERMS AND CONDITIONS
Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by the Consultant submitting the proposal of the terms, conditions, and specifications contained in this RFP and Draft Agreement, unless clearly and specifically stated otherwise in the proposal.
Precedence of Terms and Conditions
All other terms and conditions of the Draft Agreement attached within this RFP are hereby incorporated into the terms and conditions of this RFP. In the event of a conflict of terms and conditions between the RFP document and the draft agreement, the terms and conditions expressed in the Draft Agreement shall take precedence.
Public Record
Upon submission of a proposal and other materials for consideration by the City, such proposals and materials shall become the property of the City of Buena Park. Proposals may be subject to public inspection and disclosure pursuant to state and federal law after the award of a contract for this project. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorized representative of the Proposer by written notice to the RFP Administrator.
Late Proposals
Any proposal which is not received by the City‘s Public Works Department (6650 Beach Boulevard, Buena Park, CA 90621) prior to the deadline date and time set forth in this RFP shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.
Representations Not Binding
No verbal or written information that is obtained other than through this RFP or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amend ed to this written RFP document.
Errors and Omissions
This RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City relies on the professionalism and competence of the Consultant to be knowledgeable of the general areas identified in the scope of work and to include in their proposals all materials, equipment, required tasks and subtasks, personal commitments, staff-hours, labor, direct and indirect costs, etc . Proposers 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 Proposer, all proposals shall be held valid for a period of 180 days.
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Right of Rejection
The City reserves the right to: (1) Accept or reject any and all proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request clarification of any information contained in a proposal; (3) Solicit new proposals on the same project, or on a modified project, which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non -conforming, non -responsive, or conditional proposals, (5) Reject the response of any Consultant who does not 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 Proposer.
Non-Compliance
Proposers 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
Proposers 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 in the proposal, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.
Determination of Responsiveness
The City shall have sole authority in determining the responsiveness of any and 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 is deemed most advantageous to the City.
Bidder Reimbursement Prohibition
The City will not pay for any information herein requested, nor are they liable for any costs incurred by any vendors prior to award of a contract or purchase order. The City may require the finalist Proposer(s) to provide on-site presentations and demonstrations of the product(s)/service(s) proposed by the proposer(s). All costs associated with the demonstrations or follow -up interviews are the sole obligation of the Proposer(s).
Gratuity Prohibition
Proposers 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 Proposer certifies that they h ave not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.
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Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process , and proposal selection process, the RFP Administrator is to serve as the primary point of contact for all matters pertaining to this RFP and project. Proposers 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 as an Agreement Award. Unauthorized contact may result in disqualification of proposals.
Indemnification and Release of Liability
Proposer, at its own expense and without exception, and to the maximum extent permitted by law, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and release in advance and hold harmless the City, its elected officials, officers, employees, and agents, with respect to any and all claims and liabilities of any nature or kind arising out of or incurred in connection with Proposer’s participation in this RFP process including: (i) submittal of a proposal; (ii) selection of a different proposer; and/or (iii) Proposer’s provision of services if Proposer is selected and enters an agreement with the City pursuant to this RFP.
Insurance Requirements
The selected Consultant(s) for this Project shall be required, prior to the execution of a Contract, to furnish proof of insurance. The specific insurance types and limits depend on the Project and can be found in the Draft Agreement of this RFP solicitation.
Compliance with All Applicable Laws
Proposer declares that it shall comply with all licenses, statutes, ordinances, regulations , and requirements of all governmental entities, including federal, state, county , or municipal, whether now in force or hereinafter enacted, including, but not limited to, appropriate state licensing and business licensing.
Compliance with California Labor Code
The work required pursuant to this RFP may, in whole or in part, constitute “public works” as defined in Section 1720 of the California Labor Code. Therefore, unless advised otherwise in writing by the City prior to performing on any particular project, the Proposer shall comply with all applicable requirements of the California Labor Code including Sections 1720 through 1861 which require payment of prevailing wages, registering with the Department of Industrial Relations prior to execution of an agreement with the City, and maintaining certified payroll records, all as more fully set forth in Section 15.12 of the Draft Agreement.
Fee Schedule
Fee Schedule shall include any and all applicable licenses, insurance coverage, endorsements, bonding, and if necessary, any wage compliance deemed necessary to perform the Work or Services as part of the Project described in this RFP. City will not be responsible for reimbursing the Consultant for any charges not included in the Proposal pricing that are incurred in securing these requirements.
Subconsultant/Joint Ventures
The selected Co nsultant shall be the Lead Consultant performing the primary functions of the Agreement. If any portion of the Agreemen t is to be performed by a subconsultant , this must be clearly set forth in the Proposal submittal as to what part(s) is/are to be delegated. The City reserves the right to reject any Proposal wherein use of subconsultant(s) significantly affects the ability of the Proposer to function as the Lead Consultant on the awarded Agreement. The Lead Consultant will,
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at all times , be responsible for the acts and errors or omissions of its subcon sultants or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a Proposer’s request to use subconsultants is at the sole discretion of the City.
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CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
PSA 26-01
D A T E : J anuary 14, 2026
S E R V I C E S : P r o f e s s ional Services
P R O J E C T : A c t i v e T r a n s p o r t a t i o n P r o g r a m ( A T P ) C y c l e 8 C o m b i n ation G r a n t A p p l i c a t i o n
PARTIES TO THE AGREEMENT:
“CITY”: City of Buena Park, a California Municipal Corporat ion
City Representative: Name: Mina Mikhael, P.E.
Title: Director of Public Works / City
Engineer
Tel.: 714-562-3672
Email: [email protected]
“CONSULTANT”: Mark Thomas & Company, Inc., a California Corpora tion
Consultant
Representative:
Name: Sam Sharvini, PTP
Title: Project Manager
Tel.: 714-308-9231
Email: [email protected]
SUMMARY OF TERMS:
Start Date: January 14, 2026
End Date: June 30, 2026
Contract Value: $44,965.00
Services a “Public Work”: NO [X] YES [__] (add “PW Exhibit”)
Community Workforce Agreement: NO [X] YES [___] (add “CWA Exhibit”)
Insurance Approved by Risk Management: NO [___] YES [__ _]
APPROVED BY: (__) Department Head (__) City Manager (select one) Contrac t Value ≤ $10,000 C ontract Value ≤ $80,000
(X) City Council
Contract Value > $80,000
(“Levine Act Exhibit” Required)
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AGREEMENT MUST BE FIRST EXECUTED BY CONSULTANT BEFORE IT MAY BE EXECUTED ON BEHALF OF THE CITY.
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“ Agreement”) is dated as of January 14, 2026, between the City of Buena Park, a California charter city (“CITY”), and Mark Thomas & Company, Inc., a California Corporation ("CONSULTANT"). CITY and CONSULTANT are at times referred to herein jointly as “Parties” and individually as a “Party.”
1. TERM. The term of this Agreement shall commence on January 14, 2026 and shall remain in full force and effect until June 30, 2026 unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Sect ion 16.2 of this Agreement (“Term”).
2. SERVICES. Subject to the terms and conditions in this Agreement, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” (the “Services”). CITY may request changes or expansion of the Services (each a “Modification”) and in such cases the Modification to the Services, and any resulting increase or dec rease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performan ce (defined below), shall be documented in a written amendment to this Agreement. Increas es or decreases in Compensation resulting from any Modification to the Services shall be based on the rate specified in the Compensation Schedule (defined below), or if not specified in the Compensation Schedule at then-applicable prevailing market rate charged by CONSULTANT to other customers for the same service.
3. SCHEDULE OF PERFORMANCE. CONSULTANT shall commence providing the Services upon receipt of a written “Notice to Proceed” from the City Representative and CONSULTANT shall proceed only to the extent of such authorizati on. CONSULTANT shall perform all Services in the time required by the schedule of performance described in Exhibit “A” (“Schedule of Performance”), or if not specified in the Schedule of Performance in a tim ely and diligent manner reasonably acceptable to CITY.
4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services, including any authorized reimbursa ble expenses, shall NOT EXCEED the total maximum sum of $44,965 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate specified in Exhibit “A" to this Agreement (“Compensation Schedule”), provided that the total Compensation shall be considered a flat fee and the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.
5. PAYMENT.
5.1 Invoices. Each calendar month after CITY’s issuance of the Notice to Proc eed, CONSULTANT shall submit an invoice to CITY for the Services per formed and any authorized reimbursable expenses incurred in the immediately preceding cal endar month. (Ex: invoices for Services rendered in January should be submitted in February ). The invoices shall describe in detail the Services rendered during each invoice period such as the days worked, personnel involved, number of hours worked, rates charged, milestones achieved, work product generated, or reimbursable expenses incurred, as applicable. CONSULTANT sh all remit the invoices to the address and in the manner specified by CITY.
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5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt. CITY shall not withhol d federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.
6. STANDARD OF SKILL. CONSULTANT shall perform all Services in the manner and according to the standards currently observed by a competent pr actitioner of CONSULTANT’s profession in California, and shall at all times, meet or excee d any applicable professional standards of care, workmanship, or conduct. All products of wha tsoever nature that CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observe d by a person currently practicing in CONSULTANT’s profession. The acceptance of the Se rvices by CITY shall not operate as a release of CONSULTANT from such standards of care, workmanship, or conduct.
7. INDEPENDENT CONTRACTOR. CONSULTANT is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees or agents, except as herein set forth. CONSULTANT shall not at any time or in any manner re present that it or any of its agents or employees are in any manner agents or employees of CITY. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent.
7.1 CONSULTANT shall not have the status of an employee of CITY under this Agreement, or be entitled to participate in any insurance, medi cal care, vacation, sick leave or other benefits provided for CITY's officers or employees.
7.2 In the event that CONSULTANT, or any of its employees, agen ts, or subcontractors providing Services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retir ement System (“ PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or s ubcontractors, as well as for the payment of any penalties and interest on such contributions , which would otherwise be the responsibility of CITY.
7.3 CONSULTANT represents that it has, or will secure at its ow n expense, all personnel required to perform the Services under this Agreement. All of t he Services shall be performed by CONSULTANT or under its direct supervision, and all personnel e ngaged in the work shall be qualified to perform it. CONSULTANT reserves the right to deter mine the assignment of its own employees to the performance of the Services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing Services on CITY's premises.
8. ADMINISTRATION.
8.1 City’s Representative. The City Representative identified on the cover page of this Agreement shall have authority to administer this Agreemen t and oversee CONSULTANT’s performance of the Services, provided that an individual’s authority to amend this Agreement shall be governed by applicable provisions of the Buena Park Municipal Code. All activities performed by CONSULTANT shall be coordinated through the City Representat ive. CITY may change the identity of the City Representative upon written notice to CONSULTANT.
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8.2 Consultant’s Representative. Consultant’s Representative identified on the cover page of this Agreement has the authority to administer th is Agreement on behalf of CONSULTANT and to act, bind, and approve all matters relating t o this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced w ithout the advance consent of CITY, which consent shall not be unreasonably withheld.
9. SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. CITY may issue restraint or cease and des ist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the Services.
CONSULTANT shall maintain the work sites free of hazards to per sons and property resulting from its operations. CONSULTANT shall immediately report to CIT Y any hazardous condition noted by CONSULTANT.
10. INDEMNIFICATION AND HOLD HARMLESS.
10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys’ fees, litigation costs , defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. Thi s Section is intended by the Parties to provide the fullest protection possible under Califo rnia law to CITY and the City Indemnitees. CONSULTANT acknowledges that CITY would not have e ntered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.
10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent the Services ar e design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indem nify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduc t of CONSULTANT, its officers, employees, or agents in said performance of the Services, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of CITY.
10.3 Indemnification for Services. Other than in the performance of design professional services by a desi gn professional, as covered by S ection 10.2 above, to the fullest extent permitted by law CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppl iers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including CONSULTANT’s active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or b y the agreement of the Parties.
CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all cos ts and expenses, including all attorneys’ fees and experts’ costs actually incurred in connect ion with such defense.
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CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.
10.4 Taxes, Assessments, Workers Compensation . C O N S U L T A N T s h a l l p a y a l l required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ compensation laws r egarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any fail ure of CONSULTANT to comply with applicable workers’ compensation laws.
10.5 Obligations Not Limited by Insurance. The obligations and covenants of CONSULTANT in this Section 10 are independent and separate from any requirement or covenant to carry insurance. The obligations of CONSULTANT under this Section 10 shall not be limited by the limits of any policies of insurance by this Agre ement or otherwise maintained by CONSULTANT, nor shall CONSULTANT’s obligations by limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives an y statutory immunity under such statutes or laws as to the CITY or City Indemnitees.
10.6 Survival; Enforcement. CONSULTANT’s obligations and covenants under this Section shall survive the expiration or termination of this Agreement and shall continue in full force and effect for a time at least equal to the statute of limitati ons that is applicable to the underlying Claim, demand, cost or liability. CITY may offset against the amount of any compensation due CONSULTANT any amount due to CITY from CONSULTANT as a result o f CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement o r indemnification arising under this Section 10.
11. INSURANCE. At all times during the term of this Agreement CONSULTANT shall maintain insurance coverage in the forms, types, and amounts th at are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provide evidence o f such coverage to the satisfaction of CITY’s Director of Risk Management, which may i nclude a visual inspection of all policies, copies of declarations page, endorsements signed by a n authorized representative of the underwriting company, or certificates of insurance.
11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:
.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial General Liability Co verage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and complet ed operations, and contractual liability.
.2 The most current version of Insurance Service Office (ISO) B usiness Auto Coverage Form CA 00 01, which shall include coverage for all ow ned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).
.3 Workers' Compensation insurance as required by the Californi a Labor Code and Employer's Liability Insurance.
.4 Professional Liability (Errors and Omissions) insurance appr opriate to CONSULTANT’s profession. If such insurance policy is written on a claims-made form, t he
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retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.
11.2 Minimum Limits of Insurance. CONSULTANT shall maintain insurance coverage limits not less than:
.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate li mit is used, either the general aggregate limit shall apply separately to the Services / location or the general aggregate limit shall be $4,000,000 and contain specific language creating a duty to defend against any suit seeking damages.
.2 Automobile Liability: $1,000,000 per accident for bodily inj ury and property damage.
.3 Employer's Liability: $1,000,000 per accident for bodily inj ury or disease.
.4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.
11.3 Umbrella or Excess Insurance. In the event CONSULTANT purchases an umbrella or excess insurance policy(ies) to meet the “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies) required by this Section 11.
11.4 Deductibles and Self-insured Retentions: CONSULTANT shall be responsible for payment of any deductibles contained in any insurance polic y(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self-in sured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a financial guara ntee, satisfactory to the City Manager or his/her designee , guaranteeing payment of losses and related investigations, clai m administration and defense expenses . At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:
.1 Except with respect to Employer’s Liability or Professional Liability/E&O policies required by this Section 11, CITY and City Indemnitees shall be named as additional insureds (collectively “ Additional Insureds”). Additional Insured endorsements shall not: (a) be limited to “Ongoing Operations”; (b) exclude “Contractual Operations”; (c) restrict coverage to the “Sole” liability of CONSULTANT; or (d) contain any other exclusion contrary to this Agreement.
.2 For any claims related to this Agreement or the Services per formed under this Agreement, CONSULTANT's ins urance coverage shall be primar y t o a n y o t h e r s i m i l a r insurance carried by Additional Insureds. Any insurance or sel f-insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.
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.3 All insurance coverage shall contain a provision that prohib its cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.
The notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all cer tificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
.4 Each policy shall be endorsed to state that the insurer waiv es the right of subrogation against CITY and City Indemnitees.
11.6 Duration of Insurance. The requirements of this Section 11 shall survive expiration or termination of the Agreement. Insurance must be m aintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less t han a 3-year discovery period.
11.7 Acceptability of Insurers. All insurance coverage required by this Agreement shall be written by insurers admitted to conduct business in th e State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance Rating Guide.
11.8 Verification of Coverage. CONSULTANT shall furnish CITY with evidence of the insurance required by this Agreement to the satisfactory to CIT Y. Such evidence shall consist of original certificates of insurance and amendatory endorsements, including an additional insured endorsement. The endorsements shall be on forms provided by CIT Y or on such other forms approved by CITY and conforming to CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with CITY before commencing performance of the Services. Where and at the times applicable, CONSULTANT shall a lso provide proof that the policies of insurance required under this Agreement and expirin g during the term of this Agreement have been renewed or replaced with other policies pro viding at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. CITY may require complete, certified copies of all re quired insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONSULTANT shall provide complete copies of policies to CITY upon request.
11.9 Other Insurance Provisions.
.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operat ions limits the application of the insurance coverage.
.2 Requirements of specific coverage features or limits contain ed in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific re ference to a given coverage feature is for purposes of clarification only and is not intend ed by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
.3 All insurance coverage shall cover CONSULTANT’s operations p ursuant to the terms of this Agreement.
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.4 Any actual or alleged failure on the part of CITY or any oth er additional insured under these requirements to obtain proof of insurance r equired under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard.
.5 In the event any policy of insurance required under this Agr eement does not comply with these requirements or is canceled and not repla ced, CITY has the right, but not the duty, to obtain the insurance it deems necessary, and CONSU LTANT shall promptly reimburse to CITY any premium paid by CITY.
.6 CONSULTANT shall provide immediate notice to CITY of any cla im or loss against CONSULTANT that includes CITY or any of the Additional Insureds as a defendant. CITY assumes no obligation or liability from the notice. CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve CITY.
11.10 Subcontractors. CONSULTANT shall include all subcontractors, or any other party involved in the performance of the Services, as insureds under its policies or shall require subcontractors or any other party involved in the Services by C ONSULTANT to carry the same insurance as required in this Section 11. CONSULTANT shall obt ain certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is provided as required in this Section. CONSULTANT shall require that no contract used by any subcontractor, or contract CONSULTANT enters into on behalf of CITY, shall reserve the rig ht to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT shall, upon request, submit to CITY for review, all agreements with subcontractors or others with whom CONSULTANT contracts with on behalf of CITY, and all certificates of insurance obtained i n compliance with Section 11.8.
CITY’s failure to request copies of the documents shall not imp ose any liability on CITY, or its employees, or be deemed a waiver of any of CITY’s rights.
12. WORK PRODUCT.
12.1 Deliverables. CONSULTANT shall, in such time and in such form as CITY may require, furnish reports concerning the status of Services requ ired under this Agreement.
CONSULTANT shall, upon request by CITY and upon completion or t ermination of this Agreement, deliver or return to CITY all material furnished to CONSULTANT by CITY.
12.2 Ownership.
.1 All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website desi gns, source code, object code, electronic data and files or other media whatsoever, created or developed by CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon the ir use, duplication or dissemination by CITY upon final payment being made. CONSULTANT shall not obt ain or attempt to obtain copyright protection as to any of the Work Product.
.2 CONSULTANT hereby assigns to CITY all rights of ownership t o the Work Product, including any and all related intellectual property an d proprietary rights that are not otherwise vested in CITY pursuant to subsection .1 above.
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.3 CONSULTANT warrants and represents that it has secured all n ecessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Pro duct, and full legal authority and the right to use and reproduce the Work Product for any purpose. CO NSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Produ ct is violating federal, state or local laws, or any contractual provisions, or any rights or law s relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all cos ts arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.
In the event any the use of any of the Work Product or other de liverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue u sing the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement . CONSULTANT’s covenants under this Section 12.2 shall survive the expiration or termina tion of this Agreement.
13. CONFIDENTIALITY. During performance of this Agreement, CONSULTANT may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of CITY. CONSULTANT agrees to protect all Cit y Information and treat it as strictly confidential, and further agrees that CONSULTANT shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of CITY. In addition, CONSULT ANT shall comply with all CITY policies governing the use of CITY network and technology syste ms. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
14. RECORDS. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Services, as required by CITY or the City Representative. CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Se rvices. All such records shall be maintained in accordance with generally accepted accounting pri nciples and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the City Representa tive, or his or her designees, and shall give the City Representative, or his or her designees , the right to examine and audit such books and records and to make transcripts as necessary, an d shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.
15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on C ONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of i ts rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assig nment of rights under this Agreement shall not release CONSULTANT from any of its obligati ons or alter any of its obligations to be performed under this Agreement. Any attempt a t assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and
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“delegation” means any sale, gift, pledge, hypothecation, encum brance or other transfer of all or any portion of the rights, obligations, or liabilities in or ar ising from this Agreement to any person or entity, whether by operation of law or otherwise, and regard less of the legal form of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.
16. SUSPENSION AND TERMINATION.
16.1 Right to Suspend. CITY shall have the right at any time to temporarily suspend CONSULTANT’s performance hereunder, in whole or in part, by giv ing a written notice of suspension to CONSULTANT. If CITY gives such notice of suspensi on, CONSULTANT shall immediately suspend its activities under this Agreement as specified in such notice.
16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT. If CIT Y gives such notice of termination, CONSULTANT shall immediately cease rendering Servi ces pursuant to this Agreement. If CITY terminates this Agreement:
.1 CONSULTANT shall, not later than five days after such notic e of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.
.2 CITY shall pay CONSULTANT the reasonable value of Services r endered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had th e Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity.
17. Conflicts of Interest. CONSULTANT shall comply with all applicable federal, state an d local conflict of Interest laws, including the Political Reform Act (Cal. Gov. Code § 81000 et seq.), the Levine Act (Cal. Gov. Code § 84308), and California Governm ent Code Section 1090.
CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in an y manner with the interests of CITY or that would in any way hinder CONSULTANT’s performance of Servic es under this Agreement.
CONSULTANT further covenants that in the performance of this Ag reement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of CITY. CONSULTANT agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Agreement.
18. NOTICES. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be given in writing to the person at the addresses specified on first page of this Agreement and deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CONSULTANT’s and CITY’s regular business hours, or (c) three business days after deposit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.
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19. MISCELLANEOUS TERMS.
19.1 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement shall prevail.
19.2 Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.
19.3 Nuisance; Compliance with Laws. CONSULTANT shall not maintain, commit or permit the maintenance or commission of any nuisance in connect ion with performing the Services. In the performing the Services CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the local laws, regulations, and policies of the City of Buena Park.
19.4 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with performing the Services.
19.5 Governing Law; Venue. The terms of this Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. The venue for resolving any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be a court with jurisdiction that is located in the County of Orange, California.
19.6 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort, or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable.
19.7 Waiver. No delay or omission to exercise any right, power or remedy a ccruing to CITY under this Agreement shall impair any right, power or reme dy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by CITY of any breach, any failure of a condition, or any right or remedy under this A greement shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
19.8 Efficient Performance. CONSULTANT shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, econ omical, and efficient manner in accordance with all applicable laws and generally accepted indu stry and applicable professional standards.
19.9 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors a nd assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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19.10 When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a wa iver by CITY of any breach of covenant, or any default that may then exist, on the part of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
19.11 Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
19.12 Captions. The titles of the sections, subsections and paragraphs set fo rth in this Agreement are inserted for convenience and reference only and s hall be disregarded in construing or interpreting any of the provisions of this Agreem ent and the rights or obligations of the Parties to this Agreement.
19.13 Word Usage. Unless the context clearly requires otherwise, (a) the word “ shall” is mandatory and “may” is permissive; (b) “or” is not exclusive ; and (c) “includes” or “including” are not limiting.
19.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement, constitutes the fin al, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agreements of the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement . No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.
19.15 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute this Agreement on behalf of his or her contracting Party.
In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives.
CITY OF BUENA PARK
a California municipal corporation
CONSULTANT*
Mark Thomas & Company, Inc.
Name of Business
Signature
Signature
Name: Aaron France Name: Zach Siviglia
Title: City Manager Title: President
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*If CONSULTANT is a corporation, then pursuant
to California Corporations Code Section 313 this
Agreement must be executed by either: (1) the
chairperson of the board; (2) the president; or (3)
the vice president plus any one of the following:
the secretary, any assistant secretary, the chief
financial officer, or any assistant treasurer.
Signature
Name:
Matt Brogan
Title:
Principal, Vice President
ATTEST:
BY:
Adria M. Vicuña, MMC, City Clerk
APPROVED AS TO FORM:
BY:
Christopher Cardinale, City Attorney
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EXHIBIT A
1) SERVICES. CONSULTANT shall provide to CITY the following Services:
2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Services in compliance with the following Schedule of Performance:
3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the following rates and times:
Professional services for the preparation of the Active Transportation Program (ATP) Cycle 8 Combination Grant Application. Such services shall include: project management and administration (kick-off meeting, meeting agendas/minutes for all meetings, Critical Path Method schedule), data collection and evaluation of existing conditions, and preparation of the ATP Cycle 8 Grant Application (infrastructure application, non-infrastructure application, application support materials, and outreach and public engagement support). The services to be provided are further and more specifically described on pages 3 – 5 of Consultant’s Proposal dated December 18, 2025 (“Proposal”), which is attached and incorporated herein as Exhibit A-1. The ATP Cycle 8 Combination Grant Application shall be completed and submitted to the City and to the California Transportation Commission within three (3) months of Notice to Proceed, by June 22, 2026. The Project Schedule is further described on page 5 of Consultant’s Proposal in Exhibit A-1.
The total and not-to-exceed compensation paid to Mark Thomas and Company, Inc. for complete and full performance of the services shall not exceed the total sum of $44,965, as is more fully set forth in the Cost Proposal on page 10 of Consultant’s Proposal set forth in Exhibit A-1.
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EXHIBIT A- 1
[Consultant’s Proposal Dated December 18, 2025, behind this page]
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EXHIBIT B
REQUIRED FOR ALL CONTRACTS AWARDED BY THE CITY COUNCIL
(OTHER THAN COMPETITIVELY BID, LABOR, OR PERSONAL EMPLOYMENT CONTRACTS)
LEVINE ACT DISCLOSURE STATEMENT
California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency fr om making, participating in, or in any way attempting to influence the awarding of a contract by t he agency if the officer receives any political contributions totaling more than $500 in the 12 months preceding the contract award, during the proceeding leading to the contract award, and for 12 months following the final decision on the contract, when the contribution is from any person that has a financing interest in the contract. This prohibition applies to contributions made direct ly to the officer, received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of an y such contributions to be made by a party to be awarded a contract by the local agency. The Le vine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.
LEVINE ACT DISCLOSURES:
1. Have you or your company, or any agent on behalf of you or y our company, made any contributions of more than $500 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for propo sals leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):
2. Do you or your company, or any agency on behalf of you or yo ur company, anticipate or plan to make any contributions of more than $500 to any member of the Buena Park City Council after the date of the issuance of the request for propo sals, or in the 12 months after the City Council’s decision on the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s):
NOTE: Answering yes to either of the two (2) questions above does not preclude the City of Buena Park from awarding a contract to your firm. It does, however, p reclude the identified officer(s) from making, participating in, or in any way attempting to infl uence the contract award process.
Failing to provide full and accurate information on this form m ay be grounds for disqualification and other legal penalties.
_______________________ _____________________________________
D A T E S I G N A T U R E O F A U T H O R I Z E D O F F I C I A L
_______________________ _____________________________________
NAME OF COMPANY NAME, TITLE
January 13, 2026
CONSENT CALENDAR
Item No. 4G.
City Council Agenda Report
RESOLUTION TO RECONFIGURE PARKING ON COUNTRY CLUB DRIVE BETWEEN MALVERN AVENUE TOFOX HILLS AVENUE
PREPARED BY PRESENTED BY
Nader Alqam, Principal Engineer Nader Alqam, Principal Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution amending Resolution No. 3202 to reconfigure the parking on Country Club Drivebetween Malvern Avenue and Fox Hill Avenue.
PREVIOUS CITY COUNCIL ACTION
On September 23, 2025, the City Council received a report from staff regarding existing traffic conditions in the Bellehurst neighborhood, specifically near Beatty Middle School and Emery Elementary School. At that meeting, staff proposed reviewing parking restrictions on Country Club Drive between Cameron Drive and Fox Hills Avenue, near Beatty Middle School.
On November 6, 2025, staff presented an item to the Traffic and Transportation Commission. The Commission voted (5-0) to recommend approval to reconfigure the parking restrictions along Country Club Drive between Malvern Avenue and Fox Hills Avenue.
DISCUSSION
At the City Council meeting on September 23, 2025, the Council received a report from staff regarding existing traffic conditions in the Bellehurst neighborhood, specifically near Beatty Middle School and Emery Elementary School. During discussion, staff proposed reviewing parking restrictions on Country Club Drive between Cameron Drive and Fox Hills Avenue, near Beatty Middle School. A vicinity map of this area is shown in Attachment A.
Gordon H. Beatty Middle School is located in the northeast corner of the intersection of Country Club Drive at Cameron Drive. The school is primarily accessed through Country Club Drive. Parent/Student drop-offs and school bus drop-offs are done via the school parking lot located off of Country Club Drive. Currently, there is a school parking lot that can be accessed via Cameron Drive and is currently used for staff and learning center parking.
Country Club Drive is a two-lane collector roadway with single-family home frontage and school frontage along the street. On-street parking is prohibited between Malvern Avenue and Fox Hills Avenue. The speed limit is 25 MPH on Country Club Drive.
During a field review of the area, specifically during drop-off and pick-up times at Beatty Middle School, staff noted a high number of vehicles parked in violation of the red curb in the area. All of these vehicles illegally parked in the prohibited parking area were parents and caretakers dropping off and picking up their children from the school. The high number of illegally parked vehicles illustrates a demand for parking during drop-off and pick-up times in this segment.
Resolution 4548, which was adopted in 1972, established parking prohibition in this area. The original reason for the prohibition is unknown to current staff. The existing limits are shown in Attachment B and summarized as follows:
1. On the west side of Country Club Drive from the centerline of Malvern Avenue thence northerly 119 feet.
2. On the west side of Country Club Drive from a point 169 feet north of the centerline of Malvern Avenue thence northerly to Fox Hills Avenue.
3. On the east side of Country Club Drive from the centerline of Malvern Avenue thence northerly to Fox Hills Avenue.
To accommodate for the high parking demand in the area, to facilitate clear visibility of the mid-block crosswalk, and to make certain traffic flow improvements, staff is proposing to reconfigure the parking restrictions in the area by rescinding Resolution 4548 and recommending to the City Council a new Resolution to implement the following parking reconfiguration:
1. North Side / West Side
a. Parking prohibited on the west side of Country Club Drive from the centerline of Malvern Avenue thence northerly 590 feet.
b. Twenty-minute Parking zone on the west side of Country Club Drive from a point 590 feet from the centerline of Malvern Avenue, thence northerly 160 ft
c. Parking Prohibited on the west side of Country Club Drive from a point 750 feet from the centerline of Malvern Avenue, thence northerly 80 ft
d. Twenty-minute Parking zone on the west side of Country Club Drive from a point 830 feet from the centerline of Malvern Avenue, thence northerly 230 ft
e. NO STOPPING zone on the west side of Country Club Drive from a point 1,060 feet from the centerline of Malvern Avenue to Fox Hills Avenue
2. South Side / East Side
a. Parking prohibited on the east side of Country Club Drive from the centerline of Malvern Avenue thence northerly 620 feet.
b. Twenty-minute Parking zone on the east side of Country Club Drive from a point 620 feet from the centerline of Malvern Avenue, thence northerly 160 ft
c. Parking Prohibited on the east side of Country Club Drive from a point 780 feet from the centerline of Malvern Avenue, thence northerly 60 ft
d. Twenty-minute Parking zone on the east side of Country Club Drive from a point 840 feet from the centerline of Malvern Avenue, thence northerly 100 ft
e. NO STOPPING zone on the east side of Country Club Drive from a point 940 feet from the centerline of Malvern Avenue thence northerly 100 ft.
f. Parking Prohibited on the east side of Country Club Drive from a point 1,040 feet from the centerline of Malvern Avenue to Fox Hills Avenue
An exhibit of the proposed parking restrictions are shown in Attachment C.
Twenty-minute Parking zones are delineated with green curb marking and are defined in Buena Park Municipal Code 10.28.010 to mean no standing or parking for a period of time longer than twenty minutes at any time between 9 am and 6 pm on any day except Sundays and holidays. Parking would be allowed in these areas outside of these times.
No-stopping zones are defined in Buena Park Municipal Code 10.28.140, and mean it is unlawful for the operator of any vehicle to stop such vehicle on any of the streets or parts of streets established by resolution of the council as no-stopping zones, during the times specified. In this case, the zone would be active all days and times as to not block the driving lanes and turn pockets in the designated areas.
Staff has provided information regarding the proposed changes to Beatty Middle School and, as of the preparation of this report, has not received a response. The recommended changes are based on staff’s field review and coordination with the City’s Safe Routes to School consultant, who also supports the proposed parking reconfiguration.
Staff recommends that City Council adopt the proposed resolutions to reconfigure parking on Country Club Drive between Malvern Avenue to Fox Hills Avenue.
BUDGET IMPACT
The cost of labor and materials to refresh the existing curb, install new curb, and install new signage associated with these changes is approximately $1,000 The cost of the installations can be covered by the current Signing and Striping budget.
Attachments
Attachment A - Vicinity Map.pdf
Attachment B - Existing Parking Prohibitions.pdf
Attachment C - Proposed Parking Prohibitions.pdf
Attachment D - Resolution - Country Club Drive.pdf
CITY OF LA MIRADACITY OF BUENA PARK
COUNTY OF ORANGECITY OF BUENA PARK
COUNTY OF ORANGECITY OF BUENA PARK
CITY OF FULLERTONCITY OF BUENA PARK
CITY OF LA MIRADACITY OF FULLERTONCITY OF LA MIRADACOUNTY OF ORANGE
CITY OF LA MIRADACOUNTY OF ORANGE
COUNTY OF ORANGECITY OF BUENA PARK
EMERYWOOD DR
KENWOOD AVE
SOMERSET CT
OAKMONT PL
CAMERON DR
BEACH BLVD ARGYLE DR
BURLINGAME AVECOUNTRY CLUB DR
SOMERSET ST
FOX HILLS AVE
FOX HILLS AVERIDGLEA AVEST. ANDREWS AVE
LOCKHAVEN DRBRAE BURN PL
RIDGLEA AVE
RIDGLEA AVE
BONNIE BRAE DR
WAVERLY DRMONTICELLO AVE
BEATTYMIDDLESCHOOLFRIENDSHIPPARK
ST. ANDREWS AVE
LOS COYOTES DR
LOS COYOTES DR
FOX HILLS AVE
DEEPDALE AVE
CYPRESS POINT AVE
TRAVISTUCK PL
MALVERN AVE
COUNTRY CLUB DR
MALVERN AVE
KENWOOD AVE
AFFECTED SEGMENT
ARROWHEAD AVE
TRAFFIC AND TRANSPORTATION COMMISSION
DRAWN BY:DATE:DEPARTMENT OF PUBLIC WORKS
ATTACHMENT NO.VICINITY MAPANMA10/27/2025
N
CAMERON DR
MALVERN AVE ARROWHEAD AVE
COUNTRY CLUB DR
FOX HILLS AVE
LOCKHAVEN DR
BEATTY MIDDLE SCHOOLFRIENDSHIPPARK
EXISTING PARKING PROHIBITION(RED CURB)RESO 4548
EXISTING PARKING PROHIBITION(RED CURB)RESO 4548
TRAFFIC AND TRANSPORTATION COMMISSION
DRAWN BY:DATE:DEPARTMENT OF PUBLIC WORKS
ATTACHMENT NO.EXISTING PARKING RESTRICTIONSBNMA10/27/2025
CAMERON DR
MALVERN AVE ARROWHEAD AVE
COUNTRY CLUB DR
FOX HILLS AVE
LOCKHAVEN DR
BEATTY MIDDLE SCHOOLFRIENDSHIPPARK
NO PARKING ZONE
20-MINUTE PARKING ZONE
NO PARKING ZONE
NO STOPPING ZONE
TRAFFIC AND TRANSPORTATION COMMISSION
DRAWN BY:DATE:DEPARTMENT OF PUBLIC WORKS
ATTACHMENT NO.PROPOSED PARKING RESTRICTIONSCNMA10/27/2025
RESOLUTION NO.________
A RESOLUTION OF THE CITY OF BUENA PARK, CALIFORNIA,
AMENDING RESOLUTION NO. 3202 (ESTABLISHING THE
CITY’S TRAFFIC REGULATIONS) PROVIDING 20-MINUTE
PARKING ZONES ON COUNTRY CLUB DRIVE BETWEEN
MALVERN AVENUE AND FOX HILLS AVENUE
WHEREAS, Resolution No. 3202 of the City Council for the City o f Buena Park, adopted August 8, 1967, as the same has been amended from time to time, did adopt the Traffic Regulations for the City of Buena Park (“Traffic Regulations”); and
WHEREAS, Resolution No. 4548, adopted by the City Council on February 22, 1972, amending the Traffic Regulations to add a no parking and red cu rb designation along the north and south side of Country Club Drive, east of Malvern Avenue; a nd
WHEREAS, based upon changed circumstances since Resolution No. 4548 was adopted, and given existing traffic circulation and on-street p arking needs, it is necessary and appropriate to update the Traffic Regulations relative to the subject area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK hereby determines, finds, and resolves as follows:
Section 1. Resolution No. 4548, in its entirety, is hereby rep ealed and replaced with this Resolution.
Section 2. Resolution 3202, as amended, is hereby amended by a dding subsections 990-994 to Section 5 to read as follows:
990. On the west side of Country Club Drive from the centerlin e of Malvern Avenue thence northerly 590 feet.
991. On the west side of Country Club Drive from a point 750 f eet from the centerline of Malvern Avenue, thence northerly 80 ft
992. On the east side of Country Club Drive from the centerlin e of Malvern Avenue thence northerly 620 feet.
993. On the east side of Country Club Drive from a point 780 fe et from the centerline of Malvern Avenue, thence northerly 60 ft
994. On the east side of Country Club Drive from a point 1,040 feet from the centerline of Malvern Avenue to Fox Hills Avenue
Section 3. Resolution 3202, as amended, is hereby amended by a dding subsections 3 and 4 to Section 12 to read as follows:
3. On the west side of Country Club Drive from a point 1,060 fe et from the centerline of Malvern Avenue to Fox Hills Avenue
4. On the east side of Country Club Drive from a point 940 feet f r o m t h e centerline of Malvern Avenue thence northerly 100 ft.
RESOLUTION NO. _______
Section 4. Resolution 3202, as amended, is hereby amended by a dding subsections 12-15 to Section 16 to read as follows:
12. On the west side of Country Club Drive from a point 590 fe et from the centerline of Malvern Avenue, thence northerly 160 ft
13. On the west side of Country Club Drive from a point 830 fe et from the centerline of Malvern Avenue, thence northerly 230 ft
14. On the east side of Country Club Drive from a point 620 fe et from the centerline of Malvern Avenue, thence northerly 160 ft
15. On the east side of Country Club Drive from a point 840 fe et from the centerline of Malvern Avenue, thence northerly 100 ft
Section 5. Except as amended by this resolution, Resolution No . 3202, as previously amended, shall remain in full force and effect as it existed prior to this amendment.
Section 6. CEQA. This Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no poss ibility that the activity may have a significant effect on the environment.
Section 7. The City Engineer / Public Works Director is author ized and directed to make associated physical improvements and changes t o the subject area as necessary to effectuate the purpose of this Resolution
Section 8. The City Clerk shall certify to the adoption of thi s Resolution, and it shall become effective immediately.
PASSED AND ADOPTED this 13th day of January, 2026, by the foll owing called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________________
Mayor
ATTEST:
_______________________________
C i t y C l e r k
RESOLUTION NO. _______
I, Adria M. Vicuña, MMC, City Clerk of the City of Buena Park, California, 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 13 th day of January, 2026.
______________________________________
City Clerk
January 13, 2026
CONSENT CALENDAR
Item No. 4H.
City Council Agenda Report
ADOPT A RESOLUTION AMENDING RESOLUTION NO. 3202 TO RESTRICT PARKING ON HERMOSACIRCLE CUL-DE-SAC
PREPARED BY PRESENTED BY
Carina Coles, Assistant Engineer Carina Coles, Assistant Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution amending Resolution No. 3202 to restrict parking on Hermosa Circle cul-de-sac.
PREVIOUS CITY COUNCIL ACTION
On November 6, 2025, staff presented this item to the Traffic and Transportation Commission and recommended approval. The Traffic and Transportation Commission voted (5-0) to recommend approval of this item.
DISCUSSION
In January and October 2025, Public Works received requests from Osmotik, a business located on Hermosa Circle, to restrict on-street parking along the cul-de-sac portion of the street. The requests were made to improve truck turning movements and overall traffic circulation within the cul-de-sac.
On January 14, 2025, staff received a request from Osmotik to paint the curb red adjacent to their front driveway.
Osmotik stated that several times a week, semi-trucks attempt to turn around in the Hermosa Circle cul-de-sac but are unable to do so due to parked vehicles.
On October 15, 2025, staff received a second request from Osmotik to paint the curb red for the cul-de-sac on Hermosa Circle. Osmotik indicated that freight trucks continue to experience difficulty turning around because of parked cars. Truck drivers often use the Osmotik driveway to exit the street. However, when the driveway is blocked or unavailable, it becomes challenging for trucks to maneuver and leave the area safely. In response to this request, staff initiated an investigation to identify potential solutions.
Hermosa Circle is a two-lane local street that intersects with Orangethorpe Avenue on the south end and terminates in a cul-de-sac on the north end. It is an industrial roadway with a curb-to-curb width of 50 feet. On- street parking is allowed at certain segments along Hermosa Circle, including the cul-de-sac. There are also existing parking lots for drivers to use on Hermosa Circle.
To evaluate the requests, staff reviewed Orange County Fire Authority (OCFA) guidelines and performed truck turning analyses for existing conditions.
Per OCFA guidelines, on a residential cul-de-sac, if the radius is less than 48 feet, the cul-de-sac shall be identified as a fire lane with red curbs. Though Hermosa Circle is not a residential street, staff is recommending to apply this minimum radius threshold to the existing street. Since Hermosa Circle has a radius of 42 feet, it qualifies for a "No Parking Zone" under these guidelines.
To further assess the request, staff created a truck-turning template to determine the space requirements for WB- 62 semi-trailer trucks to turn around in the cul-de-sac on Hermosa Circle. The analysis shows that WB-62 semi- trailer trucks would still need to use the existing driveways to successfully turn around in the cul-de-sac. To safely complete the turning movement, truck drivers would need the full width of the cul-de-sac, and adequate clearance would need to be available both entering and exiting the area.
Based on OCFA guidelines and the truck turning analyses, staff is proposing 140 feet of red curb. Installation of this red curb would require a resolution to be adopted by the City Council. The proposed red curb would remove seven on-street parking spaces.
Staff recommends that the City Council adopt a resolution to restrict parking on Hermosa Circle by installing approximately 140 feet of red curb within the cul-de-sac area to improve truck circulation and safety.
BUDGET IMPACT
The cost of labor and materials to refresh the existing red curb and install new red curb is approximately $500. The cost of the installation is covered by the current Signing and Striping budget.
Attachments
Att 1 of 4 - Vicinity Map.pdf
Att 2 of 4 - Existing Parking Restrictions.pdf
Att 3 of 4 - Proposed Parking Restrictions.pdf
Att 4 of 4 - Resolution - Hermosa Circle.pdf
0SCALE:100'200'1" = 200'N
1VICINITY MAPCC12/17/2025
HERMOSA CIRCLE PARKING RESTRICTIONS
DRAWN BY:DATE:
E:\City Council\2026-0113 CC Agendas\Consent - Hermosa Circle\Attachments\CADD\Exhibits.dwgDEPARTMENT OF PUBLIC WORKS ATTACHMENT NO.
HERMOSA CIR
ORANGETHORPE AVE
AFFECTED SEGMENT
0SCALE:15'30'1" = 30'N
2EXISTING PARKINGRESTRICTIONSCC12/17/2025
HERMOSA CIRCLE PARKING RESTRICTIONS
DRAWN BY:DATE:
E:\City Council\2026-0113 CC Agendas\Consent - Hermosa Circle\Attachments\CADD\Exhibits.dwgDEPARTMENT OF PUBLIC WORKS ATTACHMENT NO.
HERMOSA CIREXISTING RED CURBLEGEND
0SCALE:15'30'1" = 30'N
3PROPOSED PARKINGRESTRICTIONSCC12/17/2025
NO PARKING ZONE
HERMOSA CIRCLE PARKING RESTRICTIONS
DRAWN BY:DATE:
E:\City Council\2026-0113 CC Agendas\Consent - Hermosa Circle\Attachments\CADD\Exhibits.dwgDEPARTMENT OF PUBLIC WORKS ATTACHMENT NO.
HERMOSA CIRLEGEND
RESOLUTION NO.________
A RESOLUTION OF THE CITY OF BUENA PARK, CALIFORNIA,
AMENDING RESOLUTION NO. 3202 (ESTABLISHING THE
CITY’S TRAFFIC REGULATIONS) TO PROVIDE FOR NO
PARKING AT ANY TIME ON THE EAST SIDE OF HERMOSA
CIRCLE FROM A POINT 1,140 FT NORTH OF THE CENTERLINE
PROLONGATION OF ORANGETHORPE AVENUE THENCE
NORTHERLY 245 FEET ALONG THE CUL-DE-SAC CURB
WHEREAS, Resolution No. 3202 of the City Council for the City o f Buena Park, adopted August 8, 1967, as the same has been amended from time to time, did adopt the Traffic Regulations for the City of Buena Park (“Traffic Regulations”); and
WHEREAS, Section 10.24.030 of the Buena Park Municipal Code authorizes the City Council to adopt a resolution establishing a no parking area upon public streets and rights of way
WHEREAS, the City Council finds it is necessary and appropriate to update the Traffic Regulations to prohibit parking relative to the subject area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK hereby determines, finds, and resolves as follows:
Section 1. Resolution 3202, as amended, is hereby amended by a dding subsection 995 to Section 5 to read as follows:
995. On the east side of Hermosa Circle from a point 1,140 fee t north of the centerline of Orangethorpe Avenue thence northerly 245 feet alo ng the cul-de-sac curb terminating at a point on the west side of Hermosa Circle 1,160 feet North of the centerline of Orangethorpe Avenue.
Section 2. Except as amended by this resolution, Resolution No . 3202, as previously amended, shall remain in full force and effect as it existed prior to this amendment.
Section 3. CEQA. This Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no poss ibility that the activity may have a significant effect on the environment.
Section 4. The City Engineer / Public Works Director is author ized and directed to make associated physical improvements and changes to the subject area such as the posting of signs and painting of curbs as may be necessary to e ffectuate the purpose of this Resolution.
Section 5. The City Clerk shall certify to the adoption of thi s Resolution, and it shall become effective immediately.
RESOLUTION NO. _______
PASSED AND ADOPTED this 13th day of January, 2026, by the foll owing called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________________
Mayor
ATTEST:
_______________________________
C i t y C l e r k
I, Adria M. Vicuña, MMC, City Clerk of the City of Buena Park, California, 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 13 th day of January, 2026.
______________________________________
City Clerk
January 13, 2026
CONSENT CALENDAR
Item No. 4I.
City Council Agenda Report
A RESOLUTION AUTHORIZING PERSONS HOLDING CERTAIN DESIGNATED POSITIONS TO EXECUTEURBAN AREA SECURITY INITIATIVE (UASI) GRANT DOCUMENTS FOR AND ON BEHALF OF THE CITY OFBUENA PARK
PREPARED BY PRESENTED BY
Nghia Nguyen, Police Captain Nghia Nguyen, Police Captain
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Aaron France, City Manager Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution authorizing the Interim Police Chief or his designee to execute Urban Area Security Initiative (UASI) grant documents for and on behalf of the City of Buena Park; 2) Authorize the City Manager, Interim PoliceChief or designated persons within the Buena Park Police Department to oversee and administer the projectsassociated with the Anaheim/Santa Ana UASI training and funding on behalf of the City; 3) Approve an agreementwith the City of Anaheim for transfer or purchase of equipment/services or reimbursement of training costs; 4)Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 5) Authorize the Interim Police Captain to execute the agreement.
PREVIOUS CITY COUNCIL ACTION
On October 22, 2024, the City Council approved the FY2022 UASI Grant agreement with the Santa Ana PoliceDepartment to accept funding for reimbursement of training costs.
DISCUSSION
The U.S. Department of Homeland Security, through the State of California Emergency Management Agency, hasauthorized the City of Anaheim to allocate funds from the County. The Anaheim/Santa Ana Urban Area (ASAUA) oversees and distributes these funds, with the majority of the funds going to Emergency Operations Training,including Community Emergency Response Teams (CERT), various communications enhancements, and someequipment requests. The Buena Park Police Department is a sub-recipient of this grant.
At this time, the Police Department does not expect any funding from this program. However, the proposedresolution and agreement would allow the City to accept those funds, should they become available, and allowspecified personnel, the City Manager, Interim Police Chief, and Support Services Division Commander/Police Captain, to manage and/or execute any necessary documents related to the grant on behalf of the City. If fundsbecome available, those funds would likely be used to reimburse the City for overtime incurred in UASI-sanctionedtraining.
BUDGET IMPACT
None.
Attachments
UASI Resolution FY2024 Grant.pdf
FY 2024 UASI Sub-Grant Agreement.pdf
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA AUTHORIZING PERSONS
HOLDING CERTAIN DESIGNATED POSITIONS TO
EXECUTE URBAN AREA SECURITY INITIATIVE GRANT
DOCUMENTS FOR AND ON BEHALF OF THE CITY OF
BUENA PARK
WHEREAS, the City of Buena Park (the “City”) regularly accesses funding and training assistance funded by grants established by the Department of Homeland Security (hereinafter collectively referred to as “Eligible Grants”) from the Federal Department of Homeland Security and administer ed by the Anaheim/Santa Ana Urban Area Security Initiative (ASAUASI); and
WHEREAS, part of such applications for Eligible Grants, the Anaheim/Santa Ana Urban Areas Security Initiative requires the City to maintain a Resolution with authorization from the City Council, authorizing persons holding specific positions to act on behalf of the City, and designates and/or affirms that the City official executing the grant agreement is authorized to do so.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby find, determine and resolve as follows:
Section 1 The following City officials are the City’s agents for purposes of applying and obtaining Eligible Grants, executing grant agreements and other required documents, and taking any actions necessary to implement such grant agreements and other required documents:
City Manager, Chief of Police, and the Police Captain – Support Services Division Commander.
PASSED AND ADOPTED this 13
th day of January 2026, by the following called
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Vicuña, MMC, City Clerk of the City of Buena Park, California, 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 13 th day of January
2026.
_______________________________
City Clerk
January 13, 2026
CONSENT CALENDAR
Item No. 4J.
City Council Agenda Report
SUCCESSOR AGENCY RESOLUTIONS APPROVING THE RECOGNIZED OBLIGATION PAYMENTSCHEDULE (ROPS 26-27) AND ADMINISTRATIVE BUDGET FOR THE FISCAL PERIOD FROM JULY 1, 2026,THROUGH JUNE 30, 2027
PREPARED BY PRESENTED BY
Matt Foulkes, Director of Community and Economic
Development
Matt Foulkes, Director of Community and Economic
Development
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Aaron France, City Manager Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution approving the Recognized Obligation Payment Schedule (ROPS 26-27) for the period of July 1, 2026 through June 30, 2027; 2) Adopt a resolution approving an administrative budget from July 1, 2026 through June 30, 2027; and, 3) Forward ROPS 26-27 to the Countywide Oversight Board and State Department of Finance for review and approval.
PREVIOUS CITY COUNCIL ACTION
The previous Recognized Obligation Payment Schedule (ROPS 25-26) was approved by the Successor Agency on January 14, 2025.
DISCUSSION
On February 1, 2012, all redevelopment agencies were dissolved and City of Buena Park assumed responsibility as the Successor Agency to carry out the enforceable obligations of the former Redevelopment Agency. Pursuant to Section 34177(o)(1) of the Health and Safety Code ('HSC'), in order to make payments on enforceable obligations, the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (ROPS) annually. Each ROPS must be approved by the Countywide Oversight Board and then submitted to the County Auditor-Controller, the State Controller, and the State Department of Finance (DOF), and posted on the Successor Agency's website by February 1st of each year.
The Recognized Obligation Payment Schedule for July 1, 2026 through June 30, 2027 (ROPS 26-27) and administrative budget have been prepared for the Successor Agency's consideration. If approved, ROPS 26-27 and the administrative budget will be submitted to the Countywide Oversight Board for consideration at its January 27, 2026, meeting. After ROPS 26-27 is approved by the Countywide Oversight Board, it must be submitted to the County Auditor-Controller, the State Controller, and the State Department of Finance (DOF), and posted on the website no later than February 1, 2026. If the ROPS is not transmitted on time, the Successor Agency may be subject to a penalty of $10,000 per day.
The DOF makes the final determination on the submitted ROPS. The DOF must make its determination regarding the enforceable obligations and the amount and funding source for each enforceable obligation listed on ROPS 26- 27 no later than April 15, 2026. Within five business days of the DOF's determination, the Successor Agency may request to meet and confer with the DOF on disputed items.
BUDGET IMPACT
Payments for enforceable obligations on the approved ROPS 26-27 for the period of July 1, 2026 through June 30, 2027 will be paid from the Redevelopment Property Tax Trust Fund ( RPTTF) distributed by the County Auditor - Controller.
Attachments
Reso ROPS 26-27 Att 1of2.pdf
ROPS 26-27.pdf
Reso Admin Budget 2026-27 Att 2of2.pdf
Admin Budget ROPS 26-27.pdf
RESOLUTION NO. SA- _______
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY OF
BUENA PARK COMMUNITY REDEVELOPMENT AGENCY
APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE FISCAL PERIOD FROM JULY 1, 2026 THROUGH JUNE 30, 2027 (ROPS 26-27) PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS
WHEREAS, Pursuant to Health and Safety Code Section 34177(o), the Successor Agency to the Buena Park Redevelopment Agency (the “Successor Agency”) must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2026 through June 30, 2027 (“ROPS 26-27”) and submit ROPS 26-27 to the Countywide Oversight Board (the “Oversight Board”) for approval; and
WHEREAS, Pursuant to Health and Safety Code Section 34177(l)(2)(B), a t the same time that the Successor Agency submits ROPS 26-27 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 26-27 to the State Department of Finance (the “DOF”), the County administrative officer, and the County Auditor-Controller; and WHEREAS, Pursuant to Health and Safety Code Section 34177(l)(2)(C) and Section 34177(o)(1), the Successor Agency must: (i) submit the Oversight Board-approved ROPS 26-27 to the DOF, the Office of the State Controller , and the County Auditor -Controller no later than February 1, 2026, and (ii) post a copy of the Oversight Board -approved ROPS 26-27 on the Successor Agency’s website.
NOW, THEREFORE, the Successor Agency to th e Buena Park Redevelopment Agency hereby finds, determines, resolves, and orders as follows:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Successor Agency hereby approves the proposed ROPS 26-27 substantially in the form attached thereto as Exhibit A.
Section 3. Staff is hereby authorized and directed to submit a copy of ROPS 26-27 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 26-27 to the DOF, the County Auditor -Controller and the Cou nty administrative officer as designated by the County.
Section 4. Staff is hereby authorized and directed to submit a copy of Oversight Board-approved ROPS 26-27 to the DOF, the Office of the State Controller, an d the County Auditor-Controller. If the Oversight Board has not approved ROPS 26-27 by February 1, 2026, staff is hereby authorized and directed to transmit ROPS 26-27 to the DOF, the Office of the State Controller, and the County Auditor -Controller by February 1, 2026, with a written notification regarding the status of the Oversight Board’s review. Written notice and information Resolution No.
2 regarding the action of the Oversight Board shall be provided to the DOF by electronic means and in a manner of DOF’s choosing.
Section 5. Staff is hereby authorized and direct ed to post a copy of the Oversight Board-approved ROPS 26-27 on the Successor Agency’s website (being a page on the website of the City of Buena Park).
Section 6. The officers and the other s taff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including but not limited to requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and making adjustments to ROPS 26-27 pursuant to the DOF’s instructions, and any such actions previously taken are hereby ratified and confirmed.
PASSED AND ADOPTED this 13th day of January 2026, by the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Chairperson
ATTEST:
________________________________
City Clerk
I, Adria M. Vicuña, MMC, City Clerk of the Successor Agency to the Redevelopment Agency of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the Successor Agency to the Community Redevelopment Agency of the City of Buena Park, held this 13th day of January 2026.
City Clerk
EXHIBIT A
SUCCESSOR AGENCY TO THE BUENA PARK REDEVELOPMENT AGENCY
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
ROPS 26-27
(July 1, 2026 – June 30, 2027)
Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Buena Park
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 398,004 $ 650,000 $ 1,048,004 B Bond Proceeds 398,004 650,000 1,048,004
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 5,100,803 $ 655,360 $ 5,756,163 F RPTTF 5,033,068 587,625 5,620,693
G Administrative RPTTF 67,735 67,735 135,470
H Current Period Enforceable Obligations (A+E) $ 5,498,807 $ 1,305,360 $ 6,804,167 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Buena Park
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$129,246,000 $6,804,167 $398,004 $- $- $5,033,068 $67,735 $5,498,807 $650,000 $- $- $587,625 $67,735 $1,305,360 8 Personnel and
Operating Costs -
Administrative
Cost Allowance
Admin
Costs
11/19/
1979
09/28/2044 City of
Buena
Park
Admin.,
Personnel,
Fac., &
Operating
Costs
Consolidated 2,618,404 N $135,470 - - - - 67,735 $67,735 - - - - 67,735 $67,735 14 Pledge-
Developer
Disposition Agmt
OPA/DDA/
Construction
08/26/
2003
09/30/2033 Sunrise
Buena
Park (BP
Mall)
Tax Increment
Reimbursement
Consolidated 12,188,658 N $647,735 - - - 647,735 - $647,735 - - - - - $- 17 Developer
Disposition
Agreement
OPA/DDA/
Construction
10/26/
2010
09/28/2044 The
Source
Tax Increment
Reimbursement
Consolidated 46,243,994 N $1,195,308 - - - 1,195,308 - $1,195,308 - - - - - $- 19 Entertain.Corridor
(Ezone) Action
Plan
Professional
Services
06/04/
2008
09/01/2035 TBD Bond Proceeds
for Design &
Streetscape
Consolidated 1,298,004 N $1,048,004 398,004 - - - - $398,004 650,000 - - - - $650,000 60 Bond
Administration
Fee
Fees 01/19/
2000
09/01/2035 Union
Bank
Bond
Administration
Fees
Consolidated 52,940 N $4,000 - - - - - $- - - - 4,000 - $4,000 67 Tax Allocation
Refunding Parity
Bonds, 2019
Series A
Bonds
Issued After
12/31/10
11/13/
2019
09/01/2035 Union
Bank
Refinance 2003
and 2008
Series A Bonds
Consolidated 33,406,250 N $580,025 - - - - - $- - - - 580,025 - $580,025 69 Tax Allocation
Refunding Parity
Bonds, 2019
Series A
Reserves 11/13/
2019
09/01/2035 Union
Bank
Refinance 2003
and 2008
Series A Bonds
Consolidated 33,406,250 N $3,190,025 - - - 3,190,025 - $3,190,025 - - - - - $- 72 Bond Disclosure
Fees
Professional
Services
03/06/
2008
09/01/2035 Harrell &
Company
Advisors
Bond Servicing
- Annual
Reports
Consolidated 31,500 N $3,600 - - - - - $- - - - 3,600 - $3,600 Buena Park
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
1,232,034 205,406 5,601,069
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
71,984 112,866 5,768,702 ROPS 22-23 A - $4,928,615 ROPS 23-24 B - $840,087
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
6,014 8,118,709
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
62,334 ROPS 21-22 PPA - $58,028.00 ROPS 22-23
PPA - $ 4,306.00
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required 10,357 ROPS 23-24 PPA - $10,357
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$1,298,004 $- $- $318,272 $3,178,371
Buena Park
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
8 Administrative cost allowance.
14 Agreement requires the former Agency to pay a percentage of tax increment and sales tax generated by Buena Park Downtown (Buena Park Mall).
17 Agreement requires the former Agency to pay a percentage of tax increment and sales tax generated by The Source.
19 Bond proceeds for the Beach Boulevard Streetscape Project includes construction of medians, parkways, sidewalks, landscaping, lighting, signage, etc. 60 Trustee fees for bond administration.
67 2019 Tax Allocation Refunding Parity Bonds, Series A 69 Bond reserve amount for the September 1, 2027 debt service payment required per the indenture. 72 Bond disclosure fees for preparation of annual bond reports.
RESOLUTION NO. SA- ____
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY OF
BUENA PARK COMMUNITY REDEVELOPMENT AGENCY APPROVING
A RECOGNIZED PROPOSED ADMINISTRATIVE BUDGET FOR THE
FISCAL PERIOD FROM JULY 1, 2026 THROUGH JUNE 30, 2027, AND
TAKING CERTAIN RELATED ACTIONS
RECITALS:
A. Pursuant to Health and Safety Code Section 34177(j), the Successor Agency to the Buena Park Redevelopment Agency (the “Successor Agency”) must prepare a proposed administrative budget for each fiscal period (commencing July 1) and submit each proposed administrative budget to the Countywide Oversight Board (the “Oversight Board”) for approval.
B. The Successor Agency’s proposed administrative budget for the fiscal period from July 1, 2026 through June 30, 2027 (“Administrative Budget 26-27”) is being presented to this Successor Agency to the City of Buena Park Community Redevelopment Agency for approval.
NOW, THEREFORE, the Successor Agency hereby finds, determines, resolves, and orders as follows:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Successor Agency hereby approves Administrative Budget 26-27 substantially in the form attached hereto as Exhibit A.
Section 3. Staff is hereby authorized and directed to submit a copy of the administrative budget to the Oversight Board.
Section 4. The Staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution and the Administrative Budget, including making any adjustment to the proposed Administrative Budget to make them consistent with the Successor Agency’s Recognized Obligation Payment Schedule for fiscal year 2026-2027 (as such Recognized Obligation Payment Schedule is approved by the State Department of Finance).
Section 5. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution regardless that one or more portion may be determined to be invalid.
PASSED AND ADOPTED this 13th day of January 2026, by the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson
ATTEST:
________________________________
City Clerk
I, Adria M. Vicuña, MMC, City Clerk of the Successor Agency to the Redevelopment Agency of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the Successor Agency to the Community Redevelopment Agency of the City of Buena Park, held this 13th day of January 2026.
City Clerk
EXHIBIT A
SUCCESSOR AGENCY TO THE BUENA PARK REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET 26-27
(July 1, 2026 – June 30, 2027)
EXHIBIT "A"
ROPS 26-27
(July 1, 2026-June 30, 2027)
Salaries/Benefits 96,320
Community Dev. Director and Senior Mgmt. Analyst
Operating Expenses - office rent,utilities, mgmt. information systems, maintenance, conference/meeting and office expenses, etc. 27,650 Office Rent/Utilities 17,000
Management Information Systems 5,190
Stationery/Office Supplies 1,000
Postage - Outside 300
Building Maintenance 1,160
Repro Supplies/Services 3,000
Professional/Contractual Services - property and sales tax administration, bond arbitrage report, consultant services, etc. 11,500 Legal Services 5,000
HdL - Property & Sales Tax Administration 2,500
Wildan bond arbitrage, other consultant services 4,000
$135,470
Funding Source - Redevelopment Property Tax Trust Fund (RPTTF)
TOTAL ADMINISTRATIVE BUDGET
ESTIMATED ADMINISTRATIVE COSTS
CITY OF BUENA PARK
SUCCESSOR AGENCY ADMINISTRATIVE BUDGET
(JULY 1, 2026 - JUNE 30, 2027)
January 13, 2026
NEW BUSINESS
Item No. 5A.
City Council Agenda Report
ADOPT A RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF CONTRACT WITHJLM INSTALLATIONS, INC. FOR THE POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADESPROJECT
PREPARED BY PRESENTED BY
Jaden Miller, Principal Engineer Jaden Miller, Principal Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution approving the plans and specifications for the Police Department Ballistic Lobby Security Upgrades Project; 2) Award a contract to JLM Installations, Inc. in the amount of $369,677; 3) Authorize contingency funds in the amount of $37,000 in the same purchase order; 4) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 5) Authorize the City Manager and City Clerk to execute the agreement; and, 6) Allocate an additional $131,700 from the undesignated Measure R Fund balance to the project account.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The Buena Park Police Department is proposing upgrades to the main lobby to enhance the safety of City staff by incorporating a bullet-resistant design with a UL 752 Level 8 ballistic rating. These improvements are intended to provide increased protection for staff who regularly interact with members of the public, while maintaining secure and efficient public access to the Police Department.
The proposed improvements include the removal, disposal, and reconstruction of various interior lobby elements.
Improvements consist of the installation of a ballistic-rated transaction line assembly and windows, an interior storefront system, a half-vision wood core door slab, fixed windows, fiberglass panels with veneer finish, and a steel package passenger service system.
The project was first advertised for competitive bids on August 12, 2025; however, no bids were received. The project was re-advertised on November 10, 2025, and two (2) bids were received and publicly opened on December 10, 2025. Bid amounts ranged from $369,677 to $476,408. The lowest, responsible bid was submitted by JLM Installations, Inc. of Anaheim, California, in the amount of $369,677, which included the optional bid item. JLM Installations, Inc. possesses the required contractor’s license to complete the project and has successfully completed similar projects for Fullerton College, El Modena High School, and Kern County Superintendent of Schools.
Staff recommends awarding a contract to JLM Installations, Inc. in the amount of $369,777 and approving contingency funds in the amount of $37,000 for a total of $406,677. Construction is anticipated to begin in April 2026 and be completed by May 2026.
BUDGET IMPACT
Total project costs are shown below with the following breakdown:
Construction Contract: $369,677
Construction Contingency: $37,000
Total Project Cost: $406,677
The project is included in the FY 2025–26 Capital Improvement Program (CIP) and will be funded through Measure R revenues (Account No. 13-9806-190301). The original budget allocation for this project was $275,000; however, based on the total project costs, an additional budget transfer of $131,700 from the undesignated Measure R Fund balance is required to fully fund the project.
Attachments
Att. 1 of 3 - Resolution - PD Ballistic Lobby.pdf
Att. 2 of 3 - Bid Summary and Results.pdf
Att. 3 of 3 - PW Contract - PD Ballistic Lobby.pdf
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING
PLANS AND SPECIFICATIONS FOR THE POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES PROJECT IN SAID CITY.
WHEREAS, it is the intention of the City of Buena Park to construct certain improvements in the City; and
WHEREAS, the City Engineer has p repared specifications and plans for the construction of certain improvement(s).
NOW, THEREFORE, BE IT RESOLVED that the specifications and plans presented by the City be and are hereby approved as the specifications and plans for:
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES PROJECT PASSED AND ADOPTED this 13th day of January 2026, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
_______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
I, Adria M. Vicuña, MMC, City Clerk, 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 13th day of January 2026.
_______________________________________
City Clerk
Bid Amount
1 JLM Installations $369,677.00
2 Total Security Solutions $476,407.99
Bid Opening: 12/10/25 - 2:00 P.M.
Company Name
CITY OF BUENA PARK
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
BID RESULTS
Project No. 150 and Bid No. 2026-02
Revised: 12/18/2025
JLM Installations Total Security Solutions Engineer's Estimate Item No. Est. Qty Unit Description Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 1 LS Ballistic Interior Transaction Line $94,500.00 $94,500.00 $87,261.69 $87,261.69 $80,000.00 $80,000.00 2 1 LS Ballistic Transaction Window $26,550.00 $26,550.00 $32,098.85 $32,098.85 $27,000.00 $27,000.00 3 1 LS Ballistic Interior Storefront $97,240.00 $97,240.00 $145,339.78 $145,339.78 $100,000.00 $100,000.00 4 1 LS Ballistic Interior Half Vision Wood Core Door Slab $30,237.00 $30,237.00 $24,476.70 $24,476.70 $20,000.00 $20,000.00 5 1 LS Ballistic Interior Fixed Windows $24,000.00 $24,000.00 $9,478.21 $9,478.21 $20,000.00 $20,000.00 6 1 LS Ballistic Fiberglass Panels with Veneer Finsih $70,900.00 $70,900.00 $170,968.03 $170,968.03 $58,000.00 $58,000.00 7 1 LS Ballistic Steel Package Passenger $17,250.00 $17,250.00 $6,784.73 $6,784.73 $9,000.00 $9,000.00 BASE BID TOTAL: $360,677.00 $476,407.99 $314,000.00
8 1 LS Automated Storefront Doors (Optional Bid Item) $9,000.00 $9,000.00 $0.00 $0.00 $10,000.00 $10,000.00 OPTIONAL BID TOTAL: $369,677.00 $476,407.99 $324,000.00
CITY OF BUENA PARK
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
BID SUMMARY
Schedule of Work Items
Project No. 150 and Bid No. 2026-02
Bid Opening: 12/10/25 - 2:00 P.M.
Revised: 12/18/2025
-i-
CITY OF BUENA PARK
COUNTY OF ORANGE
STATE OF CALIFORNIA
CONTRACT DOCUMENTS
POLICE DEPARTMENT BALLISTIC LOBBY
SECURITY UPGRADES
PROJECT NO. 150
BID NO. 2026-02
NOVEMBER, 2025
Prepared under the Supervision of:
Mina Mikhael, P.E.
Director of Public Works/ City Engineer
Recommended by:
___________________________
Deepthi Arabolu, P.E., T.E.
Assistant City Engineer
R.C.E. 75742
Approved by:
____________________________
Mina Mikhael, P.E.
Director of Public Works/City Engineer
R.C.E. 84166
-ii-
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS AND PROPOSAL………………………...................... I-1 INSTRUCTIONS TO BIDDERS………………………………………………………………... I-4
BID………………………………………………………………………………………………… B-1
CONTRACT………………………………………………………………………….................. C-1 PAYMENT BOND (LABOR AND MATERIALS)……………………………………………... C-9 FAITHFUL PERFORMANCE BOND………………………………………………………….. C-11
WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE…………………………. C-13 PROGRESS PAYMENT SIGNATURE AUTHENTICATION……………………………..… C-14
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY………………………….……………………….. C-15 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY…………………… C-17 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY………………………….. C-19 SPECIAL PROVISIONS………………………………………………………………………… SP-1
PART 1: SPECIAL PROVISIONS DEFINED……………………………….. SP-1
SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS……………………………….. SP-1
SECTION 2. SCOPE AND CONTROL OF THE WORK………………… SP-5
SECTION 3. CONTROL OF THE WORK…………………………………. SP-9
SECTION 4. CONTROL OF MATERIALS…………………………………. SP-15
SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES………….. SP-15 SECTION 6. PROSECUTION AND PROGRESS OF THE WORK…...… SP-21 SECTION 7. MEASUREMENT AND PAYMENT………………………….. SP-26
SECTION 8. FACILITIES FOR AGENCY PERSONNEL………………… SP-29 SECTION 9. ADDITIONAL TERMS………………………………………… SP-29
PART 2: CONSTRUCTION MATERIALS…………….. ……………………… SP-34
-iii-
PART 3: CONSTRUCTION METHODS………………………………………. SP-38
PART 4: EXISTING IMPROVEMENTS……………………………………….. SP-48
PART 5: PIPELINE SYSTEM REHABILITATION……………………………. SP-51 PART 6: TEMPORARY TRAFFIC CONTROL……………………………….. SP-62
PART 7: STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM………….. SP-64 PART 8: LANDSCAPE AND IRRIGATION……………………………………. SP-65
EXHIBITS:
A. PROJECT LOCATION
B. LAYOUT PLAN
NOTICE INVITING
SEALED BIDS
I-1
NOTICE INVITING SEALED BIDS AND PROPOSALS
FOR
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
“Project”
Project Number: 150
Bid Number: 2026-02
NOTICE IS HEREBY GIVEN that the City of Buena Park, California (“ City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, City of Buena Park, California, 6650 Beach Boulevard, Buena Park, CA 90621, at the hour of 2:00 P.M. on Wednesday, December 10, 2025, (Revised bid opening date per Addendum No. 1 issued on Tuesday, November 25 , 2025) at which time and place they will be publicly opened and read aloud.
All Bids must be made in writing in either ink or typed on the form included in the Contract Documents. Each Bid must be submitted in a sealed envelope addressed to the City Clerk with the Project Name, Project N umber, and Bid Number typed or clearly printed on the lower left corner of the envelope, with the words “Sealed Bid Enclosed” clearly written on the front of the envelope. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date. Faces or any electronic format is not acceptable.
INCORPORATION OF STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS. The 2021 Edition or Latest Edition of “Standard Specifications for Public Works Construction ” (“Standard Specifications”), as amended by the Contract Documents (as “Contract Documents” is defined in the Contract) and the Special Provisions of the City of Buena Park, Latest Edition (“ Special Provisions”), is incorporated by reference.
SCOPE OF WORK . The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other i ncidental and appurtenant w ork necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents (“Work”). This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of W ork to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of W ork to be performed may vary at the discretion of the Engineer. Each prospective bidder (“Bidders”) is responsible for fully acquainting themselves with the conditions of the scope of work as it relates to doing work in the City.
OBTAINING BID DOCUMENTS. The “Project Documents” are available electronically and free of charge through the City of Buena Park’s PlanetBids Vendor Portal. To access the documents, bidders must visit the portal, locate the appropriate project, and click on the project title to view and download the files. Please note that printed copies are not provided by the City. If hard copies are needed, it is the bidder’s responsibility to download and print the documents. For technical assistance with the PlanetBids system, please contact PlanetBids Support direc tly through the vendor portal.
I-2
PLANHOLDER REGISTRATION. To be eligible to submit a bid, your company must be listed on the City’s Current Prospective Bidders List as a registered Prospective Bidder. To ensure proper registration, companies must first create an account on the City’s PlanetBids Vendor Portal, if they have not already done so. Once registered, you must log in under your company’s official name and identification number, locate the specific project, and click “Place eBid.” This step is mandatory in order to be added to the official Prospective Bidde rs List and to receive all future project-related communications, updates, and addenda. Companies that fail to download the bid documents by clicking “Place eBid” will not appear on the bidders list, will not receive important updates, and will be deemed n on-responsive, resulting in disqualification from the bidding process. For technical assistance with the PlanetBids system, please contact PlanetBids Support directly through the vendor portal.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public w ork pursuant to Section 1725.5; with limited exceptions for bid purposes only under Labor Code Section 1771.1(a).
PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work” to which the requirements of prevailing wage apply. Pursuant to the provisions of Section 1773.2 of the Labor Code , the successful Bidder ( hereinafter “ Contractor”) and its subcontracts, if any (“Subcontractors”) shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Buena Park, 6650 Beach Boulevar d, Buena Park, California, 90621, and are available to any interested party on request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.
BONDS. Each Bid must be accompanied by a cash deposit, cashier ’s check, certified check or Bidder’s Bond issued by a S urety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid price submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract P rice. 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.
All Bonds must be issued by a California admitted Surety insurer, as defined in Code of Civil Procedure Section 995.120, with a current A.M. Best’s rating no less than A:VII, using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City , including the submission of all required Bonds and insurance coverage, within ten (10) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.
LICENSES. Each Bidder shall possess a valid Class A or Class C-28 Contractor’s license issued by the California State Contractors License Board, at the time of the Bid submission; provided that if this Project utilizes any federal funding, the successful Bidder must possess such a license at the time of Contract award. The successful Contractor, and Subcontractors, must also possess a current City business license.
RETENTION SUBSTITUTION. Five percent (5%) oT any progress payment will be withheld as retention. (n 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 Bid submission deadline. Requests received after this time shall not be considered. Requests sha!l c(early describe the product for which approval is requested, including all data necessary to demonstrate acceptability.
LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of for each Day that Work remains incomplete beyond the Project completion deadline specified in the Contract Documents.
BIDDING PROCESS. The City reserves the right, after opening bids, to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in the best interest of the City.
NONDISCRfMINATION. The City hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit bids 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.
Anna Patricia B. Almquist, CMC
Assistant City Clerk
Posted Date: November 25, 2025
I, Anna Patricia B. Almquist, CMC, Assistant City Clerk, do hereby certify that a full and correct copy of this notice was posted at the Buena Park Civic Center, 6650 Beach Boulevard; the Ehlers Event Center, 8150 Knott Avenue; and, the Buena Park Library, 7150 La Palma Avenue, Buena Park, CA.
ATTEST: DATE: 1€/t6/text,-
POST BY: stl:trlavzG REMAINPOSTEDTHROUGH: "/"/"2G
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INSTRUCTIONS TO BIDDERS
FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces by ink or by typing, including inserting “N/A” (for not applicable) where necessary. The Bid shall be enclosed in a sealed envelope bearing the Bidder’s name and the Project Name, Project Number, and Bid Number as described in the Notice Inviting Bids. A Bid not submitted on the Bid forms and in the manner found herein will be considered non-responsive.
DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place specified in the Notice Inviting Bids. No o ral, faxed, emailed, or telephonic Bid s or alternatives will be considered. The time of delivery shall be conclusively determined by the time -stamping clock located at the City Clerk’s office. Bidders are solely responsible for ensuring that their Bids are received at the proper time and at the proper location, and Bidders assume all risks arising out of their chosen means of delivery. Any Bid received after the Bid submission deadline shall not be considered and shall be returned to the Bidder unopened. Bidders or their authorized agent are invited to be present for Bid opening. Accepted Bids shall become the property of the City.
AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive.
WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk at any time before the Bid submission deadline fixed in the Notice Inviting Bids. Withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid at any time prior to the time fixed for receiving Bids in the Notice Inviting Bids.
BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier ’s check payable to the City of Buena Park, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and a n admitted s urety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. All Bonds must be issued by a California admitted Surety insurer, as defined in Code of Civil Procedure Section 995.120, with a current A.M. Best’s rating no less than A:VII, using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within ten (10) Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the C ontract to the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in the Contract Documents.
QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The City does not, expressly or by implication, represent or guarantee that the actual amounts required will correspond with the quantities given. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion o f Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents.
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ADDENDA. The Engineer may, from time to time, issue Addenda to the Contract Doc uments.
Bidders are responsible for ensuring that they have received any and all Addenda. Bidders must acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.
DISCREPANCIES IN BIDS. Each Bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose.
In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following:
(1) As to lump sum items, the amount set forth in the “extended amount” column shall be the unit price.
(2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.
In case of discrepancy between words and figures, the words shall prevail.
COMPETENCY OF BIDDERS. Bidders must meet all qualification requirements contained in the Contract Documents. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the satisfactory performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.
BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS . Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions and difficulties that may be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. No information derived from an inspection of records or investigation will in any way be construed as a waiver of the aforesaid provisions, relieve the Contractor from its obligations under the Contract Documents, nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.
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DISQUALIFICATION OF BIDDERS . No person or entity shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub -proposal or quoting prices to other Bidders or from making a prime Bid. Bids in which unit prices are obviously unbalanced may be rejected.
If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected. Bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect Awarding of the Contract is in violation of competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.
Among other grounds, A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from Bidding on, or completing a federal, state or local project because of a violation of a law or a safety regulation. The City will review the circumstances presented in the Bid Form certification and determine if acceptance of the Bid is in its best interest.
RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) D ays after the successful Bidder has signed the Contract and returned all required documents to the City.
AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within sixty (60) Calendar Days after the Bid opening. The City reserves the right to extend the award of contract period an additional thirty (30) calendar days. Bids shall remain valid for a minimum of ninety (90) Calendar days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.
LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the P roject, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.).
EXECUTION OF CONTRACT. The selected B idder shall execute and return to the City the Contract in the form included in these Contract Documents within ten (10) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected B idder shall also secure all required documents, including insurance and Bonds as herein specified, and provide copies to the City, within ten (10) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law , and the City may award the Contract to the next lowest responsible, responsive Bidder or may reject all bids.
SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any contract arising therefrom.
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INSURANCE AND BONDS . The Contractor shall not begin W ork until it has given the City evidence of all required insurance coverage (including all additional insured endorsements ), a Bond guaranteeing the C ontractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and material s. Should the Contractor begin Work in advance of the start date for the Work, as stated in the Notice to Proceed, the Work will be considered as having been done at Contractor’s risk as a volunteer . 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.
TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their use at the time of Bid submission.
INTERPRETATION OF CONTRACT DOCUMENTS . Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the Engineer a written request for an interpretation or correction not later than seven (7 ) working d ays before the Bid submission deadline. Requests for clarification received after this date will be disregarded. Please indicate the Project Name, Project Number, and Bid Number in the request for clarification. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum, and will be delivered to each person included on the City’s planholder’s list for the Project . The City is not responsible for any oral explanation or interpretation of any provision in the Contract Documents , and no such explanation or interpretation shall be binding.
HallTAXES. Except as may be otherwise specifically provided herein, 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 Bidder 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 Bid.
NOTICE TO BIDDERS. If further information is needed regarding this Work, please contact the person whose name is indicated by an “X” below:
☐ Aaron Esparza-Almaraz (714) 562-3690
☐ Deepthi Arabolu (714) 562-3696
☐ Hysun Lee (714) 562-3691
☐ Mina Mikhael (714) 562-3679
☐ Nader Alqam (714) 562-3698
☐ Norman Wray (714) 562-3699
☒ Jaden Miller (714) 562-3685
☐ Jason Tran (714) 562-3680
Monday through Thursday, from 7:00 a.m. to 6:00 p.m., except holidays when City Hall is closed.
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All interested bidders, or persons obtaining bid packets, shall register through the City’s PlanetBids Vendor Portal immediately.
FAILURE TO PROPERLY REGISTER MAY RESULT IN LATE NOTIFICATION.
MANDATORY PRE -BID COMPLETE JOB -WALK IS REQUIRED FOR ALL POTENTIAL BIDDERS. PLEASE CONTACT THE PROJECT MANAGER TO REGISTER FOR THE JOB - WALK BY EMAILING JADEN MILLER AT [email protected]. JOB-WALK WILL BE ON THURSDAY, NOVEMBER 20, 2025 BEGINNING AT 10:00 AM . MEET AT BUENA PARK POLICE DEPARTMENT AT 6640 BEACH BLVD., BUENA PARK, CA 90621. FAILURE
TO ATTEND JOB WALK WILL RESULT IN BIDDER BEING CONSIDERED NON- RESPONSIVE.
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BID PROTEST PROCEDURES
SECTION 1. BID PROTEST. Any bid protest must be in writing and received by the City Clerk at City Hall, City Clerk’s Office, 6650 Beach Blvd., Buena Park, CA 90621, before 5:30 p.m. no later than two working days following the bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:
SECTION 2. GENERAL. Only a bidder who has submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests.
A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by the City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to admi nister the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 1, a “working day” means a day that City is open for normal business, and excludes weekends and holidays.
SECTION 3. PROTEST CONTENTS. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.
SECTION 4. COPY TO PROTESTED BIDDER. A copy of the protest and all supporting documents must be concurrently transmitted by fax, email or in person by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.
SECTION 5. RESPONSE TO PROTEST. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk before 5:30 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and tele phone number of the person representing the protested bidder, if different from the protested bidder.
SECTION 6. COPY TO PROTESTING BIDDER. A copy of the response and all supporting documents must be concurrently transmitted by fax, email or in person by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.
SECTION 7. EXCLUSIVE REMEDY. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.
SECTION 8. RIGHT TO AWARD. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.
BID
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BID
CITY OF BUENA PARK
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
“Project”
Project Number: 150
Bid Number: 2026-02
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BUENA PARK:
The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principa ls are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions and difficulties to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Buena Park to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus , transportation, services, and other means necessary so to do, except as may otherwise be furnished or provided under the t erms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.
The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record include s all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.
Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that , should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and B onds within ten (10) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.
The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License.
Contractor/Bidder: JLM Installations, Inc.
Address: 1239 N Tustin Ave
City/ZipCode: Anaheim 7 92807
Phone/Fax 657-224-4242 / 714-882-6022
Email [email protected]
Contractor's License No.: 972836 /ClassificatiX.l/D29Exp. Date: 5/31/2026 By: John Short
Title: Project Manager
Date: 12/8/2025
Names and addresses of all members of the
firm or names and titles of all officers of the
corporation:
Brian Starr, President
Surety or sureties:
The Surety Place
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City of Buena Park Bid Sheet
SCHEDULE OF WORK ITEMS
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES "Project"
Project Number: "150
Bid Number: 2026-02
Bidder's Name: JLM Installations, Inc.
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Engineer, at the following prices:
BASE AMOUNT:
ITEM
NO. DESCRIPTION UNIT ESTIMATED
QUANTITY
UNIT
PRICES
EXTENDED
AMOUNT
1. Ballistic Interior Transaction Line LS 1 $ 94,500 $ 94,500.00
2. Ballistic Transaction Window LS 1 $ 26,550 $ 26,550.00
3. Ballistic Interior Storefront LS 1 $ 97,240 $ 97,240.00
4. Ballistic Interior Half Vision Wood
Core Door Slab
LS 1 $ 30,237 $ 30,237.00
5. Ballistic Interior Fixed \/Vindows LS 1 $ 24,000 $ 24,000.00
6. Ballistic Fiberglass Panels with
Veneer Finish
LS 1 $ 70,900 $ 70,900.00
7. Ballistic Steel Package Passenger LS 1 $17,250 $ 17,250.00 TOTALAMOUNT $360.677.00
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OPTIONAL BID ITEM:
ITEM
NO. DESCRIPTION UNIT ESTIMATED
QUANTITY
UNIT
PRICES
EXTENDED
AMOUNT
1. Automated Storefront Doors LS 1 $.9,000 $ 9,000.00 TOTALAMOUNT $9,000.00
Note: Unless otherwise as indicated in subsection 7-3.5. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 7-3.5.1 of the Standard Specifications.
Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.
TOT AL BID PRICE IN DIGITS:
$-360,677.00
TOTAL BID PRICE IN WORDS:Three Hundred Sixty Thousand, Six hundred Seventy Seven Dollars TOT AL OPTIONAL BID PRICE IN DIGITS: $ 369,677.00 TOTAL OPTIONAL BID PRICE IN WORDS: Three Hundred Sixty Nine Thousand, Six hundred Seventy Seven Dollars
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In case of discrepancy between the written price and the numerical price, the written price shall prevail.
NOTE: The CITY reseives the right to determine the lowest responsible / responsive bid and award the contract based on any of the following: (a) the total amount of the BASE BID alone; (b) the total amount of the BASE BID plus the OPTIONAL BID item; as deemed in the best interest of the City.
hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Signature: Title: Date: &/
Signature: Title: Date:
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QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary (1) Bidder's Name: JLM InStallations, Inc. - John Shirt (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder'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.
N/A
(3) Business Address: I 239 N Tustin Ave, Anaheim, CA 92807 (4) Telephone: 657-224-4242 Facsimile: 714-882-6022 (5) Type of Firm - Individual, Partnership, LLC or Corporation: Cor'9orat'on (6) Corporation organized under the laws of the State of: Ca"forn'a (7) California State Contractor's License Number and Class: 972836 - C61/D28 Original Date Issued: Expiration Date: 5/31/2026
(8) DIR Contractor Registration Number: 1000004247 (9) List the name and title of the person(s) who inspected the Project site for your firm:
John Short
(10) [lf applicablel 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): John Short, Proiect Manager Number of years' experience the company has as a contractor in construction work:
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 Bid:
N/A
(13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid:
N/A
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(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:
None
(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 Bid has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:
N/A
b. Briefly summarize the parties' claims and defenses:
N/A
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:
N/A
(16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, note when and explain.
No
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(17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, note when and explain.
No
(18) Withinthelastfive(5)years,hasanyofficerorpartnerofBidder'scompanyeverbeenan officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation. No
(19) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, note when and explain.
No
(20) Has the company or any principal having an interest in the Bid ever been in default, debarred or suspended in any way? If yes, note when and explain.
No
(21) For projects that the company or any principal having an interest in this Bid 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:
b. By the owner against you? Circle one:
Yes
Yes
c. By any outside agenc g ndividual for labor compliance Circle one: Yes I No
e.
ACrlreclaen0ynoef:thesYeecslaiiNO actions unresolved or outstanding? If your answer is "yes" to any part or parts of this question, explain.
B-7
(22) List the last three (3) projects you have worked on or are currently working on For the City or Buena Park:
None yet
Upon request of the City, the Bidder 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 Bid being deemed non-responsive.
The Bidder 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:
Signature:
(SEAL) I
ff
n
tx
LLI
I
Cornoany
Date:
12/8/2025
Signature:
Title:
Date:
B-8
REFERENCES FORM
For all public agency projects in excess of $30,000 that you are currently working on or have worked on in the past two (2) years, provide the following information:
Project I Name/Number Fullerton College Chapman Newell Project Description Installation of doors, frames, and hardware Approximate Construction Dates From. 9/2024 J, I 0/2025 Agency Name: Fullerton College - Design Hardware Co
Contact Person: Kar'na "ens Telephone: 323-930-1330 x226 Address: 321 East Chapman Avenue, Fullerton, CA 92832
OriginalContractAmount: $75-0003oo Final Contract Amount: $103-720-oo If final amount is different from original amount, please explain (change orders, extra work, etc.).
COs
Did you or any Sutractor, file any claims against the Agency? Did the Agency file any claims against you? Circle one: Yes e If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 2 Name/Number t=l Modena HS Ph2 2 Campus Mod
Project Description Installation of doors, frames, and hardware Approximate Construction Date From: 9/2023 7o. 8/2025 Agency Name: Orange Llnified School District - Montgomery Hardware Co Contact Person: RaCHel Hugl1es Telephone: 909-204-4014 Address: 3920 East Spring Street, Orange, CA 92869
Original Contract Amount: $ 82i690-00 Final Contract Amount: $ 96,948-00 B-9
If final amount is different from original amount, please explain (change orders, extra work, etc.).
COs
Did you or any Subcontractor, file any claims against the Agency? Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 3 Name/Number 8iH & F !gueroa
Project Description Installation of doors, frames, and hardware Approximate Construction Dates From: 7/2o22 To: 4/2024 Agency Name: MFA 8th & Figueroa LLC - Lendlease Construction Inc.
Contact Person: Doreen D'Ambrosio Telephone: 562-236-6891 Address: 744 S. Figueroa Street, Los Angeles, CA 90017 Original Contract Amount: $1,l80i500-00 Final Contract Amount: $ 2,201,960-00 If final amount is different from original amount, please explain (change orders, extra work, etc.).
COs
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes C!)
Did the Agency file any claims against you? Circle one: Yes (!) If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
B-10
Project 4 Name/Number ThaicEer Yard
Project Description Installation of doors, frames, and hardware Approximate Construction Dates From:
6/2023
Tgl/2025
Agency Name: Thatcher yard Housing LP Benchmark Contractors, Inc.
Contact Person: Silvia Garacochea Telephone: 310-399-1600 x226 Address: 322'l-3233 Thatcher Avenue, Los Angeles, CA 90292 Original Contract Amount: $ 884,984.00 Final Contract Amount: $ 942-188-oo If final amount is different from original amount, please explain (change orders, extra work, etc.).
COs
Did you or any Subcotor, file any claims against the Agency? Circle one: Yes
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 5 Name/Number ITB Beach Restroom Door Replacement Project Description Installation of doors, frames, and hardware Approximate Construction Dates
Agency Name: City of Long Beach
Contact Person: Alfonso Castaneda
From:
1/2023
ro. 5/2025
Telephone: 562-570-3103
Address: 411 W. Ocean Blvd, Long Beach, CA 90802
Original ContractAmount: 3150,000.00 FinalContractAmount: $508iOOO-Oo If final amount is different from original amount, please explain (change orders, extra work, etc.).
COs
B-1 1
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes @
Did the Agency file any claims against you? Circle one: Yes If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 6 Name/Number Richardson CDC Mod
Project Description Installation of doors, frames, and hardware Approximate Construction Dates From. 11/2024 To: I0/2025 Agency Name: Kern County Superintendent of Schools
Contact Person: Susie Contreras Telephone:661-316-01 10 x162 Address: 1 5'l5 Feliz Drive, Bakersfield, CA 93307
OriginalContractAmount: $516,'125-00 Final Contract Amount: $ 535i842-a8 If final amount is different from original amount, please explain (change orders, extra work, etc.).
COs
DCi,dcyleoounoer:aYnyeSSubcmNo tor,fileanyclaimsagainsttheAgency? Did the Agency file any claims against you? Circle one: Yes (!] If you answered yes to either of the above two questions, please explain and indicate outcome or claims.
B-12
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work 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 Bid or, in the case of bids 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 Bid or $1 o,ooo, whichever is greater. If no subcontractor is specified for a portion of the work, or multiple subcontractors are specified for the same portion of Work, then Contractor shall be deemed to have agreed that it is fully qualified to perform that 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.
l-
I
I
I Name, Address, andI
I Phone Number
I
II
L_
I Contractors
I State License
Board (CSLB)
License
Number(s)
and Class(es)
I
Department of
Industrial
Relations (DIR)
Contractor
Registration
Number
Bid Item
Number(s)
l- Type o-f -Work
i (e.g.i
i Electrical)
Total
Amount of
Bid Item(s)
I
Percentage
of Total Bid
(e.g., IO%)'
None to be used
II I -- I -'-
I
TOTAL
'The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 41 04(b).
B-13
INDUSTRIAL SAFETY RECORD FORM
Bjdder'S %3171B JLM Installationsi InC.
Current
Year oF
Record
2024
2Q21
2023
#O
2022
ml 9 W'8
2020
:a7 Total
Number of contracts <,'SO 500 45;2) 400 S50 vo?)) z56@ Total dollar amount
of contracts (in
thousands of dollars)
} j, g00t9[)0 2J, gOg,pOO20rC'00,[}99 i 6.500,go0 lAf,000iOOO 6kOOtHo I 02,(OOIO00 Number of fatalities o o o o o o
Number of lost
workday cases 1 3 o 1 1 6
Number of lost
workday cases
involving permanent
transfer to another
job or termination of
employment
o o o o 0 o
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: Signature:
Title: Project Manager Title:
Date: 12/8/2025 Date:
B-14
Bond No. N/A
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Buena Park ("Public Agency"), has issued an invitation for Bids for the Work described as follows: Furnish and Install Doors, Frames, and Hardware as specifically set forth in the documents entitled:
POLICE DEPAR'nMENT BALLISTIC LOBBY SECURITY uPGRADES €'Project"
Project Number: 150
Bid Number: 2026-02
\/VHEREAS JLMlnstallations,Inc 1239NTUSTINAVE,ANAHEIM,CA92807 (Name and address d Bidder)
('Principar'), desires to submit a Bid to Public Agency for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids.
NOW, THEREFORE, we, the undersigned Priricipal, and SureTeclnsuranceCompany 3111CaminodelRioNorth,Suite9008anDiego,CA92108 (Name and addmss of Surety)
('Surety"), a duly admitted surety insurer under the laws of the State of Califomia, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Thirty Seven Thousand and NO/00"""Dollars
,ollars ($37,000.00 ), beirig not less than ten
percent (10%) of the total Bid price of the Principal for the Work, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, iointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligatiori shall become null and void; otherwise, it shall be and remain iri full force and effect,
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
B-15
In the event suit is brought upon this instrument by City, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate pafy being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated: November 24th, 2025
"Principal"
JLM Installations, Inc
1239 N TUSTIN AVE, ANAHEIM, CA 92807
"Surety"
SureTec Insurance Company
3111 Camino del Rio North, Suite 900
San Diego, CA 92108
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached.
IIH
B-16
POA# 310020
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY TH ESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Aksel Firat, Aaron West, Tara Meredith, Cristina Alasu Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Five Million and 00/100 Dollars ($5,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESCILVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority Can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the taih day of April , 2023 .
State of Texas
County of Harris:
nsurance pany
uindey ice President
On this 14th day of April , 2023 A. o., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. ,....==Q.....,, JULIE E. MCCLAFIY
rd,;"): NCoOtamrym.lPsSu_lbOlnic#St1a2t9e4o7f6T8e0xa5s
%.'-""' Commission Expires March 29, 2026
BY:
E. McClary, Notary Public
commission expires 3/29/2026
We, the undersigned OffiCerS Of SureTec Insurance COmpany and Markel Insurilnce Company da herb7 Certify that the original POWER OF An'ORNEY Of WhiCh the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
For verification of the authority of this Power you may call i713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
November
Markel Insurance Company
2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State ofArizona
County of MARICOPA
On 11/24/2025 before me, Caroline Gray Castiglione, Notary Public Insert name and title of officer here
personally appeared Aksel Firat Attorney-in-Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
! ,,smpCAROLINEGRA-7CAS11GLIONEI
I n NOTARYPuBLIC-ARIZONA I
l € MARICOPACOUNTY I
i COMMISSION s 665242 I
s MY COMMISSION EXPIRES I'i 'aW MARCH14,2028 I
WITNESS my hand and official seal.
(NotarySeal)-"'---a=--=="''-'-
Signature of Notary Public
INFORMATION BELOW IS RECOMMENDED B[TI' NOT REQUIRED
TITLE/DESCRIPTION OF THE ATTACHED DOCUMENT
DOCUMENTDATE l1/24/2025 NUMBEROFPAGES
Additional Information
CAPACITY CLAIMED BY SIGNER
€ Individual(s) € Partner(s) [ZlAttorney-in-Fact € Trustee(s) € CorporateOfficer nether
2008CA Vt3.ot.o8
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A notary public or other officer completing this certificate verifies only the identity of and notthe individual who signed the document to which this certificate is attached, the truthfulness, accuracy, or validity of that document.
Stateof California )
Countvof D('n.rYM i
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the h , h , A A A A A 4 4 h, :il
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Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
'di " a Wt*affl ' I
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' M';t'h:-d"o:'r'fg'ner'l'd;';ti'fica:f;':"l""""'-"""-""-""-"""""" """""""'-'-""-1 Proved to me on the basis of satisfactory evidence. 0 form(s) ofidentification 0 tredible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
Q Additional Signet(s) @ Signet(s) Thumbprint(s)
€
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
0 Individual(s)
@ Attomey-in-Fact
@ Corporate Officer(s)
Title(i)
@ Guardian/Conservator
€ Partner-Limited/General
Omistee(s)
Q Other
representinq:
Name(i) oT Person(s) or Entity(ies) Signer 11 Repreientmg Ic Copyright 2007-2021 Notary Rotary, PO Box 41400, Dei Moinei, IA 50311-0507 All Rights Reietved Item Number 101772 Please contact your Auihorized Reiellei to purchase copiei oT this (otm
NONCOLLUSION DECLARATION FORM
TO BE EXECuTED BY BIDDER AND SuBMITTED WITH BID
[Public Contract Code Section 71061
The undersigned declares:
l B(11 01B PrOjeC[ Manager
Bid.
of
JLM Installations, Inc.
, the party making the foregoing
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.
The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder 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 Bidder.
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 12/8/2025 jDATE], BjAnaheim jCITYJ,CA jSTATE].
Signature:
Printed Name: JOhn Short
Signature:
Printed Name:
Title: Project Manager Title:
Date: 12/8/2025 Date:
This form must be notarized.
B-17
ADDENDA ACKNOWLEDGMENT FORM
Bidder's Name:
JLM Installations, Inc.
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.
B-18
Issued: Tuesday, November 25, 2025
CITY OF BUENA PARK
Department of Public Works
Addendum No. I
POLICE DEPARTMENT BALLISTIC LOPPY SECURITY UPGRADES Note the following changes:
1. Second-Floor Office Ballistic Protection
o The Contractor shall include the installation of ballistic fiber panels within a designated 26' x 3' area on the second-floor office level.
2. Optional Bid Item - Automated Storefront Doors o The Contractor shall provide a separate bid amount for the furnishing and installation of automated doors at the main storeTront entrance or the lobby. o The optional bid item shall include, but not limited to, labor, equipment, automatic operators, safety sensors, wiring, integration with access control, and all other incidental work as necessary to complete the work in its entirety.
3. Transaction Windows - Vertical Baffle System
o The Contractor shall furnish and install a UL 752 Level 8 vertical baffle transaction window system for all the transaction window locations.
4. Revised Bid Due Date
o New bid due date is now Wednesday, December 1 0'h, 2025 at 2:00pm.
BY:
Mina Mikhael, P.E.
Director of Public Works/City Engineer
,,,7<,A)-'
I (We) the undersigned hereby acknowledge that I (We) have received Addendum No. 1 as issued on Tuesday, November 25, 2025, and that all changes, additions, deletions, clarifications and corrections specified herein have been incorporated into my bid.
Date: ptor/Title
Issued: Tuesday, December 2, 2025
CITY OF BUENA PARK
Department of Public Works
Addendum No. 2
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES Note the following changes:
1. Contractor License Type
o A , , Class C-28 or Class C-61/D-28 license is acceptable.
Mina Mikhael. P.E.
Director of Public Works/City Engineer
I (We) the undersigned hereby acknowledge that I (We) have received Addendum No. 2 as issued on Tuesday, December 2, 2025, and that all changes, additions, deletions, clarifications and corrections specified herein have been incorporated into my bid.
Date:
C-1
CONTRACT
C-1
CONTRACT
CITY OF BUENA PARK CONTRACT FOR
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
“Project”
Project Number: 150
Bid Number: 2026-02
This CONTRACT (“Contract”) is made and entered this 13th day of January, 202 6 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and JLM Installation, Inc. , a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 972836. The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of the following, each of which are attached hereto and incorporated herein by this reference:
A. This Contract;
B. The Notice Inviting Bids for the above-referenced project (“Project”), dated November 10, 2025;
C. The Instructions to Bidders for the Project, dated November 10, 2025; D. Contractor’s Bid for the Project , dated December 8 th, 2025 (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award);
E. The Contractor’s Bonds for the Bid and the Project;
F. The final working drawings, plans, and specifications for the Project as approved by the City, and dated November 3, 2025 (“Plans and Specifications”).
G. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
H. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition;
I. Any and all permits from regulatory agencies with jurisdiction issued for the Project; and
J. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract.
2. Scope of Services. Contractor shall perform all Work necessary to complete, in a good and workmanlike manner, a public works project identified in the title of this Contract above (the “Project”), as such Project and the Work to be performed by Contractor is further are described in the Contract Documents.
C-2
3. Compensation. In consideration for Contractor’s performance of the Work required to complete the Project hereunder, City shall pay Contractor a total NOT-TO-EXCEED amount of three hundred sixty nine thousand six hundred and seventy seven dollars ($369,677.00) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable by the City for any and all costs, direct or indirect, of the Contractor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arisi ng therefrom. Compensation shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.
4. Term of Contract: The Contractor agrees to complete the work to City’s satisfaction within TWENTY (20) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.
5. Incorporation by Reference . All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all i nsurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:
A. Compensation Insurance.
1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Contract. Further such policy of insurance shall provide that the insurer waives all rights of subrogation against City and its elected offi cials, officers, employees, volunteers, and agents.
2. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees.
Contractor, prior to commencing work, shall sign and file with the City, a certification as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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B. General Insurance Requirements
1. Types of Coverage. Contractor shall maintain the following insurance coverage throughout the term of this Contract, and upon request Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of decla rations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the following form:
a. Insurance Services Office Commercial General Liability coverage occurrence form number CG 00 01 11 85 or 88.
b. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).
c. Workers Compensation insurance as required by the State of California and Employer's Liability insurance.
2. Minimum Limits of Insurance. Contractor shall maintain insurance coverage limits no less than:
a. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles and/or self -insured retentions must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The Contractor and City further agree as follows:
1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations lim its the application of such insurance coverage. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.
2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any
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type.
3. For any claims related to this Project, the Contractor's insurance coverage shall be primary to any other similar insurance. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.
4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.
7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.
8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.
9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.
10. All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
11 All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability."
12. All insurance coverage shall contain a clause substantially in the following words:
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"It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."
13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.
14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of an y such claim or claims if they are likely to involve City.
15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.
16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.
17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, officials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.
18. Contractor agrees to require all parties or subcontractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.
Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this or any other agreement.
E. Acceptability of Insurers . Coverage shall be written by insurers with a current A.M.
Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.
F. Verification of Coverage . Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than the City's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the C ity's requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.
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G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any other party involved in the Project by Contractor to carry the same insurance as required herein. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here.
Contractor agrees to require that no contract used by any subcontrac tor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Contract. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of such documents will not impose and liability on City, or its employees.
7. Indemnitifcation.
A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the pe rformance of this Contract.
Contractor acknowledges that CITY would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.
B. To the full est extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents , volunteers and offic ers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of a ny kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Contractor’s performance of this Contract. All obligations under this provision are to be paid by Contractor as they are incurred by the City.
C. Without affecting the rights of City under any provision of this Contract or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all -inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City.
D. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is other than the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.
E. The obligations of Contractor under this or any other provision of this Contract will not
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be limited by the provisions of any workers ’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnitees.
The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by the C ontractor pursuant to this Contract.
8. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to 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 (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract.
This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
9. Prevailing Wages. City and Contractor acknowledge that th e Project is a public work to which prevailing wages apply.
10. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
11. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authority to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the performance of its obligations hereunder.
12. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supersedes all prior oral or written negotiat ions, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
13. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsistency between the express provisions of this Contract and any provision of an exhibit, the provisions of this Contract, then the City’s invitation for bids, if any, shall prevail.
14. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
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IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BUENA PARK
By:
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
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Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Buena Park (“Public Agency”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
(Project Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), and not less than 100% of total contract amount.
Lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the cour t, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code
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Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the plans and Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
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Bond No. __________
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Buena Park (“Public Agency”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
(Project name)
which is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than
100% of the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal ’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and sha ll indemnify and save harmless the Publ ic Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations under
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this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the pro visions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
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WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Buena Park (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
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PROGRESS PAYMENT SIGNATURE AUTHENTICATION
All company billings submitted for payment shall have the signature of an official of the company authorized to sign a bill and/or collect a check from the City, either on the invoice or an attached cover letter.
The following personnel of _______________________________________________________ ____________________________________________________________________________ (Contractor)
are authorized to sign bills and/or receive checks.
NAME TITLE SIGNATURE
Any subsequent changes to supersede this signature list must be requested in writing and accompanied by a
facsimile of this form to be complete in its entirety.
By: ________________________________________________
(name and title)
For: _______________________________________________
(Bidder)
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been is sued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally
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above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Polic y.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company ’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mai l, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Buena Park(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Polic y.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company ’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mai l, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with
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regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
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I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
SPECIAL
PROVISIONS
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CITY OF BUENA PARK
Special Provisions
The Standard Specifications for the City of Buena Park shall be the STANDARD SPECIFICATIONS FO R PUBLIC WORKS CONSTRUCTION, LATEST EDITION (also hereinafter referred to as the Green Book), written and promulgated by the Southern California Chapter, American Public Works Association, and Southern California Districts Associated General Contractors of California Joint Cooperative Committee, including all published amendments thereto except for those provisions that are expressly not in corporated by a provision in the Contract Documents.
Where specified in these specifications, the most recent edition of the Standard Specifications and Standard Plans of the State of California Department of Transportation (Caltrans Standards) shall apply.
Any conflict arising between these modifications and the Standard Specifications for Public Works Construction or the Caltrans Standards shall be resolved by the Engineer, whose decision shall be final.
The Sections that follow supplement, but do not replace, the Standard Specifications, except as otherwise indicated herein. Refer to Section 3-7.2 Precedence of the Contract Documents in the event of any reference conflicts.
PART 1:
SPECIAL PROVISIONS
The following amendments, additions and deletions shall be incorporated into the Green Book:
Unless otherwise noted, the provisions below shall supplement those provisions in Part 1 of the Standard Specifications.
SECTION 1. GENERAL
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:
Agency – The City of Buena Park
Board – The City Council of the City of Buena Park.
Clerk or City Clerk - The City Clerk of the City of Buena Park.
Contract Documents – As defined in Standard Specifications Section 1-2, but also including the Special Provisions.
County – County of Orange, California.
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Days - Working days, unless otherwise specified.
Engineer – The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.
Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.
Laboratory – A laboratory authorized by the City to test mate rials and Work involved in the Contract.
Project – See Work.
Standard Plans - the Standard Plans of the Department of Public Work/Engineering, City of Buena Park unless otherwise specified in these Contract Documents Standard Specifications – Standard Specifications for Public Works Construction, 2021 Edition or Latest Edition and all supplemental documents issued thereafter.
Caltrans Specifications – Latest Edition.
Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.
1-3.3 Institutions
Abbreviation Word or Words
AAN ................................ ................................ ................... American Association of Nurserymen ACI ................................ ................................ ................................ ... American Concrete Institute AGCA ................................ ................................ ....... Associated General Contractors of America APWA ................................ ................................ ................... American Public Works Association ASME ................................ ................................ ........ American Society of Mechanical Engineers CRSI ................................ ................................ ..................... Concrete Reinforcing Steel Institute CSI ................................ ................................ ........................ Construction Specifications Institute IEEE ................................ ................................ ........ Institute of Electric and Electronic Engineers NEC ................................ ................................ ................................ ........... National Electric Code NEMA ................................ ................................ .... National Electrical Manufacturers Association NFPA ................................ ................................ .................... National Fire Protection Association Caltrans ............... Department of Transportation Standard Plans & Specifications, Latest Edition
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.2 Contract bonds: The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontr actors, or both the principal and its
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subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors p ursuant to Labor Code Section 1771.2.
All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.
Add Subsection 1-7.3 to the Standard Specifications:
1-7.3 Consideration of Bid : Bids will be opened publicly by the City Clerk or a designated representative on the date and at the time set forth in the “Notice Inviting Sealed Bids or Proposals.” The right is reserved by the Agency, by action of the Board to reject any or all bids, to advertise for new proposals, to negotiate in the open market for a contract at a reasonable price, to purchase in the open market, or to have the work performed by Agency employees, or to abandon the work, if, in the judgment of the Board, the best interests of the Agency will be promoted thereby.
Add Subsection 1-7.4 to the Standard Specifications:
1-7.4 Award of Contract : The award of the contract, if it be awarded , will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within sixty (60) calendar days after the opening of the proposal unless otherwise specified in the “Notice to Bidders”.
The Agency reserves the right to extend the award of contract period an additional thirty (30) calendar days.
All bids will be compared on the basis of the Agency’s estimate of the quantities of work to be done.
Add Subsection 1-7.5 to the Standard Specifications:
1-7.5 Return of Proposal Guarantees: All proposal guarantees will be held by the Agency until the contract has been signed, after which they will be returned to the respective Bidders whose proposals they accompany. If bids are rejected, the proposal guarantees will be returned after the date of rejection.
Add Subsection 1-7.6 to the Standard Specifications:
1-7.6 Execution of Contract : The contract shall be signed by the successful Bidder and returned together with the contract bonds, within ten (10) calendar days after the Notice of Award of Contract has been mailed, unless otherwise specified by the Agency.
Add Section 1-8 to the Standard Specifications:
1-8 REQUIREMENTS AND CONDITIONS
1-8.1 Availability of Plans and Specifications: Plans and specifications may be examined at and obtained from the office of the Engineer. Copies of the Notice to Bidders and proposal
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forms are included with the plans and specifications.
1-8.2 Approximate Estimate: The quantities given in the Notice to Bidders, proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the Agency does not, expressly or by implication, agree that the actual amount of work will correspond therewith. For work bid on a lump sum price basis, any estimate of quantities is provided for the convenience of the Bidders and for comparison of bids and is not guaranteed to be correct by the Agency.
1-8.3 Examination of Plans, Specifications and Site of the Work : The Bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the c haracter, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications, the plans and contract.
1-8.4 Proposal Form: All proposals must be submitted on forms for that purpose furnished by the Agency. Letters of transmittal cannot be considered as part of the bid. All proposals shall give the prices proposed, both in writing and figures, and shall be signed by the Bidder, who must give Bidder’s address. The Bidder shall fill out all blanks in the proposal form as therein required.
In case of error, unit prices will govern over extensions and written words will govern over numerals, unless it can be established that an obviously incorrect entry has been made.
1-8.5 Rejection of Proposals Containing Alterations or Irregularities: Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, or irregularities of any kind. When proposals are signed by an agent, other than an officer or manager of a corporation or a member of a partnership, a power of attorney or written authorization must be on file with the Agency prior to opening bids or shall be submitted with the proposal; otherwise, the proposal will be rejected as irregular and unauthorized.
1-8.6 Proposal Guaranty : All bids shall be presented in a sealed envelope and shall be accompanied by a “Proposal Guaranty” made payable to the Agency and for the amount equal to at least ten percent (10%) of the bid unless otherwise specified on the “Notice Inviting Sealed Bids or Proposals.” Said guaranty shall be cash, an unconditional certified or cashier’s check, or a bank or postal money order, or bid bond executed as surety by a corporation authorized to issue surety bonds in the State of California.
1-8.7 Withdrawal of Proposals: Any bid may be withdrawn at any time prior to, but not after, the hour fixed in the public notice for the opening of bids, provided that a request in writing executed by the Bidder or his duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid.
1-8.8 Disqualification of Bidders : More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in this or future proposals. Proposals in which the prices are unbalanced may be rejected.
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1-8.9 Competency of Bidders : Prior to the submission of bids, the Contractor shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code of the State of California and evidence of such license shall be presented to the Engineer on request.
The Contractor shall possess all valid licenses, certificates and permits as required by the State of California, Orange County and City of Buena Park, in order to properly perform those tasks, functions and duties required in this contract. The selected Contractor shall submit copies of City, County, and State licenses, including business licenses and Contractors licenses.
1-8.10 Experience of Bidders : After the bid opening, the Engineer may require the three lowest bidders to present satisfactory evidence of sufficient experience and that the successful bidder is fully prepared with the necessary capital, materials, machinery and skilled workmen to carry out the contract.
1-8.11 Material Guaranty: Bidders may be required to furnish a complete statement of origin, composition and manufacture of any or all materials to be used in the construction of the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work.
1-8.12 Progress Schedule: Pursuant to Section 6 -1.1, the successful Bidder shall submit a progress schedule indicating the time he proposes to utilize in performing the various major divisions of work, and his intended sequence of operations.
SECTION 2. SCOPE AND CONTROL OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 2 of the Standard Specifications.
2-1 WORK TO BE DONE
The general items of work consists of furnishing all materials, equipment, tools, labor, and incidentals needed to complete the project and doing all work necessary as indicated on the plans, specifications and contract documents, including but not limited to:
Removal, disposal, and reconstruction of various interior elements within the Police Department lobby, including ballistic -rated transaction line and windows, interior storefront systems, half - vision wood core door slabs, fixed windows, fiberglass wall finishes with veneer , and a steel package passenger. All work shall be completed in accordance with the contract documents, including drawings, specifications, and any associated miscellaneous items required for a complete and finished installation.
It should be brought to the Contractor’s attention that the quantities shown o n the bid sheet are estimates. Payment shall be made per the actual quantities used and in accordance with these Contract Documents and Special Provisions and the Standard Specifications. This Work requires a Class A or Class C-28 license.
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2-2 PERMITS
Prior to the start of any work, the Contractor shall obtain a no -fee CITY permit from the City of Buena Park and make arrangements for CITY inspections. If applicable, the Contractor shall also obtain a permit from Caltrans prior to work. The Contractor and all subcontractors shall each obtain a CITY business license, and shall be licensed in accordance with the State Business and Professions Code. If applicable, the Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity like Caltrans. The Contractor shall pay all costs incurred by the other permit requirements.
The Contractor shall possess all valid licenses, certificates and permits as required by the State of California, Orange County and City of Buena Park, in order to properly perform those tasks, functions and duties required in this contract. The selected Contractor shall submit copies of City, County, and State licenses, including business licenses and Contractors licenses. 2-4 COOPERATION AND COLLATERAL WORK
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefore.
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming t o these requirements shall be included in other items of Work, and no additional payment shall be made thereof.
Add Subsection 2-4.1 to the Standard Specifications:
2-4.1 Entry by Utility Owners and Property Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Uti lity owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.
Add Subsection 2-4.2 of the Standard Specifications:
2-4.2 Notice to Remedy
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Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety , protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or proper ty due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer , may seem reasonable and necessary.
The cost and expense of said labor and materials, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payme nts and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services
Water - The City will supply the Contractor with all water used during the construction without charge. The Contractor shall, at their own expense, provide facilities for conveying the water from the City's nearest existing fire hydrant, or approved water source, to the point of use. The contractor must apply for a construction water meter ($250 for application) and provide an $800 refundable deposit; NO DIRECT HOOK-UP TO HYDRANTS WILL BE ALLOWED. 2-8 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer. For Time and Material (T&M), contractor shall have the inspector’s approval by signing the extra hours and/or materials on a daily bases. THE CITY WILL NOT PAY ANY
INVOICE WITHOUT A SIGNATURE OF THE INSPECTOR FOR THE EXTRA HOURS AND/OR MATERIALS ON THE DAILY BASES REPORT.
Add Subsection 2-8.1 to the Standard Specifications:
2-8.1 Markup, Work by Contractor: The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit:
1. Labor....................................................... 20%
2. Materials................................................... 15%
3. Equipment Rental..................................... 15%
4. Other Items and Expenditures................. 15%
To the sum of the costs and markups provided for this subsection, 1 percent shall be added as compensation for bonding. To the sum of the costs and markups provided for this To the sum of the costs and markups provided for this subsection, 1 percent shall be added as compensation for bonding.
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Add Subsection 2-8.2 to the Standard Specifications:
2-8.2 Work by Subcont ractor: When all or any part of the extra work is performed by a Subcontractor, the markup established in 2-8.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor.
Add Subsection 2-8.3 to the Standard Specifications:
2-8.3 Daily Reports by Contractor: The Contractor’s cost records pertaining to work paid for on a time and materials basis shall be open to inspection or audit by representatives of the Agency, during the life of the contract and for a period of not less than three (3) years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the Agency on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when such audit is to begin.
Add Section 2-11 to the Standard Specifications:
2-11 NOTIFICATION
The Contractor shall notify the Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:
CITY OF BUENA PARK POLICE DEPT (714)
562-3940
Attention: Traffic Division
ORANGE COUNTY FIRE AUTHORITY (714) 527-3955
PARK DISPOSAL (714) 522-3577
AMERICAN MEDICAL RESPONSE (714) 808-2288
BUENA PARKSCHOOL DISTRICT (714) 522-8412
ORANGECOUNTY TRANSPORTATION AUTHORITY (714) 530-6060 (BUS OPERATIONS)
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SECTION 3. CONTROL OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 3 of the Standard Specifications.
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.
If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the n ew Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective.
Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.
3-2 SELF PERFORMANCE
The Contractor shall perfo rm, with its own organization, c ontract work to amount to at least 50 percent of the contract p rice, except that designated “Specialty Items” may be performed by the subcontractor and the amount of any such “Specialty Items” performed may be deducted from the contract p rice before computing the amount required to be performed by the Contractor with its own organization.
3-5 INSPECTION
The Contractor shall give the Engineer notice of the time when the Contractor or any subcontractor will start the various units or operations of the work. Notice shall be given at least forty-eight (48) hours minimum in advance of starting or resumption time exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the Engineer to make the necessary assignment of a representative or inspector on the work. Any work performed by the Contractor or subcontractor(s) in conflict with said notice shall be removed if so ordered by the Engineer or the representative or inspector on the work.
The Contractor shall give 48 -hours minimum advance notice to the Engineer for specific inspections or testing activities. The inspection of the work shall not relieve the Contractor of any of the obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work or unsuitable materials may have been previously overlooked by the Engineer and accepted or estimated for payment.
Any project undertaken by the Agency in cooperation with, or under the control or supervision of, another public or quasi-public entity shall be subject, at all times, to inspection by the participating entity. The Contractor shall be responsible for coordinating inspections with all agencies having jurisdiction.
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3-7 CONTRACT DOCUMENTS
3-7.1 General: In addition to the requirements under Section 3-7.1 in the Standard Specifications, the Contractor shall maintain an approved set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions.
This approved set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction.
Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
Where a work feature is shown on the drawings or i dentified in the Specifications but is not specifically indicated as an item in the Bidsheets, and there is no ambiguity regarding the requirement to construct, install, or cons truct and install that work feature, the Contractor is required to complete the work feature . All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 3-7.2 Precedence of the Contract Documents:
If there is a conflict with any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control.
3-9 SUBSURFACE DATA
If the City, or its consultants, have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of th e records shall be made in the o ffice of the City Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the exi stence of such investigations.
The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.
The Contractor represents that it has studied the Plans , Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.
No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City.
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3-10 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related work.
Construction surveying and staking shall be provided by the City.
Re-staking and replacement of construction survey markers damaged as a result of the work, vandalism, or accident shall be at the Contractor’s expense.
Contractor shall re-establish centerline monuments damaged or destroyed during work and file post construction corner records with the Orange County Surveyor’s office to verify existing monuments are preserved and/or perpetuated. Copies of post constructio n corner records shall be submitted to the City.
3-11 CONTRACT CONSTRUCTION INFORMATION SIGNS
Two (2) Construction Information Signs (See attached sign layout detail – City Std 439A) shall be furnished, erected and maintained by the Contractor at the job site, at least ten (10) days prior to beginning construction. The location of the two (2) Constructions Information Signs shall be approved by the Engineer.
3-12 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. The construction area shall be cleaned by the use of a wet mobile sweeper, a minimum of once a day, or as directed by the Engineer. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back -charged with mark-up to the Contractor and deducted from the Contract Price. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.
The Contractor shall make its own arrangements for any necessary storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may only be used for temporary storage with the explicit written permission of the Engineer; however, the Contractor shall be responsible for obtaining any necessary permits from the City and any agency having jurisdiction . In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.
The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be f lammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.
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Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.
All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
3-12.2 Air Pollution Control : Air pollution control shall consist of applying water or dust palliative, (reducer) or both, for the alleviation or prevention of dust nuisance. Dust resulting from the Contractor's performance of the work, either inside or outside the right -of-way, shall be controlled by the Contractor.
It is understood that the provisions in this section will not prevent the Contractor from applying water or dust palliative for their convenience if they so desire. 3-12.3 Noise Control: A noise level limit of 86dbA at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The noise level from the Contractor's operations between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, or at any time on Saturday, Sunday or a City holiday shall be in accordance with the County ordinance covering "Noise Control."
This requirement in no way relieves the Contractor from responsibility for complying with other local ordinances regulating noise level. The Contractor shall comply with all local sound control and noise control rules, regulations and ordinances, which apply to any work performed pursuant to this contract.
The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
3-12.4 STORAGE OF EQUIPMENT AND MATERIALS
3-12.4.2 Storage in Public Streets: Construction materials and equipment shall not be stored in streets, roads, City property, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.
3-12.6 WATER POLLUTION CONTROL
3-12.6.1 Water Pollution Control: It is anticipated that storm, surface, and subsurface waters will be encountered at various times and locations during the work. Such waters may interfere with Contractor's operations and may cause damage to his /her operations, and private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properl y controlled by the Contractor. The Contractor, by submitting a bid, assumes all of said risk, and the Contractor acknowledges that its bid was prepared accordingly.
The Contractor shall conduct their operations in such a manner that storm or other waters may proceed in a legal and safe manner, with minimal public impact . Drainage of water through existing catch basins shall be maintained and protected from inclusion of sediment at all times.
Diversion of water for short reaches to protect construction in progress may be authorized when, in the opinion of the Engineer, existing drainage facilities or adjacent properties are not subject
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to the probability of damage.
In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bituminous or other harmful materials and shall be responsible for removing said materials in the event that protection measures are not effective. 3-12.6.2 Best Management Practices (BMPs) : The Contractor shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, NPDES General Permit No.CAS000002 (Order No. 2009 -0009-DWQ), the Waste Discharge Requirements for the County of Orange and the Regional Water Quality Control Board for the Santa Ana Region (Order No. R8-2009-0030 and NPDES No. CAS618030) and City of Buena Park requirements for the Control of Urban Pollutants to Storm Water Runoff.
The Contactor shall confirm that all of the Best Management Practices (BMP's) have been adequately detailed and addresses his or her anticipated construction operations and meets the intent of the NPDES requirements.
The Contractor shall utilize Best Management Practices (BMP's) during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this project include, but are not limited to, covering all storm drains inlets in the project vicinity with water permeable fabric and gravel bags prior to performing any AC grinding, removal or paving operations; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work ar ea and haul routes to the satisfaction of the City of Buena Park. Stockpiling construction debris and materials within the work area will not be allowed without the prior approval of the Engineer. The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.
1. Regional Water Quality Control Board (Order No. R8-2009-0030 and NPDES No.
CAS618030)
2. Caltrans
3. County of Orange (Construction Runoff Guidance Manual – September 2008)
4. City of Buena Park & NPDES General Permit Requirements (No. CAS000002 and Order No. 2009-0009-DWQ) including BMP's
3-13 COMPLETION, ACCEPTANCE AND WARRANTY
3-13.2 Acceptance: The Project will not be accepted and a Notice of Completion will not be filed until all required Work is completed, the Work site is cleaned up, all Contract provisions have been completed and accepted by the Engineer, and all of the following items have been received by the Engineer:
1. A form of Notice of Completion, with all information required by the California Civil Code;
2. All written guarantees, certificates, and warranties;
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3. All “as-builts”;
4. The warranty or maintenance Bond or proof from the Surety of the extension of the performance Bond, as more specifically detailed in Section 1 -7.2 of these General Provisions; and
5. Electronic and hard copies of all operating instructions and manufacturer ’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the mechanical, electrical, plumbing, irrigation, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.
The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.
Add subsection 3-13.3.1 to the Standard Specifications:
3-13.3.1 Warranty: For the purpose of calculating the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion.
The Contractor hereby guarantees that the entire work constructed under the contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished. The Contractor hereby agrees to make, at his /her own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied to him/her that become evident within one year after the date of filed Notice of Completion , and to restore to full compliance with the requirements of these specifications including the test requirements set forth herein for any part of the work constructed hereunder which during said one year period is found to be deficient with respect to any provisions of th e specific ations. The Contractor also agrees to hold the City harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements within seven (7) calendar days upon receipt of written orders for same from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost thereof.
The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance w ith any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.
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SECTION 4. CONTROL OF MATERIALS
Unless otherwise noted, the provisions below shall supplement those provisions in Section 4 of the Standard Specifications.
4-1 GENERAL
The Contractor shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.
4-3 INSPECTION
4-3.3 Inspection of Materials Not Locally Produced : When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles (80 km) outside the geographical limits of the Agency, an inspector or accredited testing laboratory, assigned by the Engineer, sha ll be engaged by the Contractor at its expense, to inspect the materials, equipment or process. Contractor shall inform the Engineer before producing any material or equipment. The inspector or representative of the testing laboratory shall approve the materials by the requirements of the Plans and Specifications. No materials or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the agent. Approval of said agent sha ll not relieve the Contractor of responsibility for complying with the Contract requirements.
4-4 TESTING
Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-6 TRADE NAMES
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor. The Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer’s approval.
SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES
Unless otherwise noted, the provisions below shall supplement those provisions in Section 5 of the Standard Specifications.
5-3 LABOR
5-3.1 General: The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 etseq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound
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by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.
5-3.2 Prevailing wages
Add Subsection 5-3.2.1 to the Standard Specifications:
5-3.2.1 Copies of Wage Rates: 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 Hall (Department of Public Works) and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.
Add Subsection 5-3.2.2 to the Standard Specifications:
5-3.2.2 Job Site Notices: The Contractor is required to post job site notices, as prescribed by regulation.
Add Subsection 5-3.2.3 to the Standard Specifications:
5-3.2.3 Failure to Pay Prevailing Rates: The 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. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the wo rker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.
Add Subsection 5-3.2.4 to the Standard Specifications:
5-3.2.4 Apprentices: The Contractor shall comply with and be bound by the provisions of 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. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. The Contractor shall ensure that all apprentices performing work on the project work under the direct supervision of a journey worker from the trade in which the apprentice is inde ntured. Before commencing Work on this Project, the Contractor shall provide the 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 the City a verified statement of the journeyman and apprentice hours performed under this Contract.
Add Subsection 5-3.2.5 to the Standard Specifications:
5-3.2.5 Debarment or Suspension : The 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. The Contractor and 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 the Contractor or any
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Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
Add Subsection 5-3.2.6 to the Standard Specifications:
5-3.2.6 Registration with the DIR: In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public w ork pursuant to Section 1725.5.
Add Subsection 5-3.2.7 to the Standard Specifications:
5-3.2.7 Compliance Monitoring and Posting Job Sites: This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
Add Subsection 5-3.2.8 to the Standard Specifications:
5-3.2.8 Subcontractors: For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The 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 sp ecified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.
Add Subsection 5-3.2.9 to the Standard Specifications:
5-3.2.9 Taxes: The Agency is liable for the State Sales Tax and where the County of purchase has adopted the Uniform Sales Tax Law and a City and/or County tax is collected by the State, the Agency is liable for this tax also. Include this tax in the amount bid.
The Agency is exempt from the Federal Excise Tax and exemption certificates will be furnished.
In certain instances, the Contractor and subcontractor(s) may be liable for Federal Excise Tax.
The Contractor must determine whether Federal Excise Tax is cha rgeable to the bidder and, if so, the amount of the tax should be included in the amount bid.
Add Subsection 5-3.2.10 to the Standard Specifications:
5-3.2.10 Prevailing Wage Indemnity: To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the 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 or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including
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without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.2.9 shall survive expiration or termination of the Contract.
Add Subsection 5-3.2.11 to the Standard Specifications:
5-3.2.11 Responsibility for Damage : The City, the Board and the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance.
The Contractor shall be held responsible for any and all loss, accidents, injury or damage to persons or property which may be the result of this contract and for which the City might be held liable. The Contractor shall protect and indemnify the Agency and save it harmless in every way from all claims, suits, or acts of law for damage or injury to persons or property that may arise or be occasioned in any way because of this con tract. The City may retain so much of the money due the Contractor as shall b e considered necessary, until disposition has been made of such suits or claims for damages as aforesaid.
Add Subsection 5-3.2.12 to the Standard Specifications:
5-3.2.12 Contractor's Responsibility for Work : Until the formal acceptance of the work, the Contractor shall have the charge and care thereof, except as provided in § 7-2.9, and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before f inal acceptance and shall bear the expense thereof, except such injuries or damages as occasioned by Acts of War.
Add Subsection 5-3.2.13 to the Standard Specifications:
5-3.2.13 Correction of Errors, Recovery for Errors, Dishonesty or Collusion : The City reserves the right to correct any error that may have been made in any estimate that has been paid. The City also reserves the right to claim and recover, by process of law, any sums sufficient to correct any error or make good any deficiency in the work resulting from such error or from dishonesty or collusion between any of the parties or individuals having dealings pursuant to the construction of the work, regardless o f when such error, dishonesty or collusion shall be discovered.
Add Subsection 5-3.2.14 to the Standard Specifications:
5-3.2.14 Rights in Materials and Salvage: Ownership of material incorporated in the work is vested in the name of the City. Any material deliver ed and paid for in part by the City or any material furnished by the City to be incorporated in the work, is or becomes the property of the City upon acceptance. Any salvageable materials or installations existing at the site of the work (such as manhole rings and covers, catch basin gratings, angle iron, pipe railings, valve boxes and lamp pole boxes, and other steel, cast iron or metallic materials) , as determined by the Engineer, that are the property of the City, if they are to be removed, shall be delivered F.O.B. to the storage yard designated by the City. The salvageable materials shall be cleaned of clinging concrete and debris and delivered to the storage yard in the same condition as it existed prior to
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removal, unless the Contractor is instructed otherwise by the Engineer.
5-3.3 Payroll Records: The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the 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 the City; (3 ) certify and make such payroll records available for inspection as provided by Section 1776, and (4) inform the City of the location of the records.
The Contractor has te n (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict complian ce is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
5-3.4 Hours of Labor: The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Project by the 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 the 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 hou rs 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.
5-7 SAFETY
Contractor shall comply with all established government laws and regulations pertaining to the construction of public improvements as well as safety procedures, and will be responsible for applying and using safety equipment as necessary to protect personnel, property and the traveling public. Contractor shall use both street tubular delineators and warning signs to inform the public of work being conducted in accordance with established California State Standards. The Contractor shall provide Health and Sa fety Plan in accordance with local, State and Federal codes. Contractor shall designate or employ a full time safety officer for all work on this Project. 5-7.8 Steel Plate Covers: The Contractor shall provide and maintain non-skid steel traffic plates securely over all openings, trenches and excavations, and whenever required, at the end of each working day. The plates shall be pinned and ramped with temporary asphaltic concrete. Steel plates utilized on arterial highways, roadway with a posted speed limit of 30mph or greater, or as designated by the Engineer, shall be pinned and recessed flush with existing pavement surface.
Add Subsection 5-7.9 to the Standard Specifications:
5-7.9 Haul routes: The Contractor must obtain the Engineer’s approval before using any haul routes.
Add Subsection 5-7.10 to the Standard Specifications:
5-7.10 Notices to Residents and Businesses: Five (5) calendar days prior to the start of construction, the Contractor shall distribute to the residents a written notification
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prepared by the Contractor, approved by the Engineer, clearly indicating project scope, specific construction dates, parking and circulation impacts, any disruptions that may occur, and approximately when construction is expected to be completed.
Errors in distribution, false starts, acts of God, strikes, or other schedule alternations will require re-notification prepared by the Contractor, approved by the Engineer.
“NO-PARKING” signs shall be furnished by the City and posted by the Contractor no later than 48 hours prior to the enforcement date. The date and hours of effect shall be written on the sign, by the Contractor. The number, spacing and location of signs shall be as directed by the Engineer.
The Contractor shall maintain the signs throughout the enforcement period. Arrangements shall be made by the Contractor to satisfy the applicable ADA requirements.
The Contractor shall install signs stating "Business open during construction" and signs stating “Access" with arrows at business driveways as directed by the Engineer.
Add Section 5-8 to the Standard Specifications:
5-8 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.
Photographic and video records of existing conditions prior to commencing the work shall be made and copies provided to the Engineer.
Existing improvements to be protected in place, which are damaged or destroyed due to the Contractor's own convenience and/or negligence, shall be reconstructed to the satisfaction of the Engineer within three (3) calendar days with no additional compensation allowed therefore.
The Contractor shall use special care when cold milling adjacent to existing concrete gutters so as not to chip or damage the surface. Sidewalk and gutters damaged due to Contractor’s operations shall be replaced at the Contractor’s expense.
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.
Add Section 5-9 to the Standard Specifications:
5-9 ADVERTISING
The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right -of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.
Add Section 5-10 to the Standard Specifications:
5-10 LAWS TO BE OBSERVED
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The Contractor shall keep itself fully informed of all State and National laws and all municipal ordinances and regulations of the Agency which in any manner affect those engaged or employed in the work, or which in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations.
The Contractor shall at all times observe and comply with, and shall cause all of the Contractor’s agents, employees and subcontractors to observe and comply with all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City , the Board and the Engineer, and all of its and their elected and appointed officials, officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order is discovered i n the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Engineer.
Add Section 5-11 to the Standard Specifications:
5-11 RECYCLING OF MATERIALS
Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required.
The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.
Per the 2022 California Green Building Standards Code, Title 24, Part 11 (CALGreen) Section
5.408, which was adopted into the City’s Municipal Code in 2022 (§15.70.010), 65% of the nonhazardous construction and demolition (C&D) waste materials and organics must be recycled, salvaged, or diverted from the landfill. To meet compliance, construction companies, contractors, and developers must prove the amount that was diverted from their projects by keeping a record of delivery receipts and weight tickets.
Add Section 5-12 to the Standard Specifications:
5-12 RECORD/AS-BUILT DRAWINGS
The City will furnish the Contractor with a complete set of blueline drawings on which the Contractor shall clearly note all changes made for locations of service lines, manholes, connections to existing facilities, stub-outs, etc. These drawings shall be kept up to date as the job progresses and no changes in the plans shall be made without prior approval of the Engineer.
BEFORE FINAL PAYMENT will be made, these drawings must be returned to the City in an accurate and legible condition.
SECTION 6 PROSECUTION AND PROGRESS OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 6 of the Standard Specifications.
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6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule: In addition to the construction schedule required pursuant to section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice, or at a frequency directed by the Engineer. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.
One (1) week before the scheduled pre -construction meeting, the Contractor must submit a construction schedule to the Engineer for review and acceptance. The Contractor shall make revisions as required by the Engineer. The schedule must account for all s ubcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work, material procurement, providing continuous public access, and the Traffic Control Plan. The Contractor shall update thi s Construction Schedule when directed by the Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; and/or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.
Add Subsection 6-1.1.1 to the Standard Specifications:
6-1.1.1 Pre-Construction Conference: Approximately ten (10) working days before the commencement of W ork at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor ’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. At tendance by the Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Working Days before the pre -construction conference. The Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on -site field superintendent and the Project manager.
Both daytime and emergency telephone numbers shall be included in the written designation.
The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
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2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining utility service during construction, including proposed by-passes. 8) NPDES/BMP requirements.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.
Add Subsection 6-1.1.2 to the Standard Specifications:
6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2 ) week “look ahead ” schedule for each meeting. The City Engineer will prepare the meeting agenda, meeting minutes and will distribute minutes. If determined by the City Engineer that weekly meetings are not necessary, the weekly progress meetings frequency may be changed.
Add Section 6-1.1.3 to the Standard Specifications:
6-1.1.3 Scheduling Considerations
Contractor shall not open any construction areas that cannot be replaced on the same workday.
Unless otherwise directed/approved by the City Engineer, a ll traffic lanes shall be opened to vehicular traffic at the end of each work period (day or night). Temporary striping or slurry tabs shall be placed daily on recently completed work. Contractor shall be responsible for maintaining any temporary striping until permanent striping is applied and accepted.
Asphalt removals, grading, compaction of subgrade and construct asphalt concrete base coarse shall take place on a continuous sequential operation.
6-1.2 Commencement of Work: The Contractor shall complete all Work under the Contract within TWENTY (20) WORKING DAYS from the Notice to Proceed (NTP). The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the NTP. A “Preliminary Notice to Proceed” will be issued if the period between the period of the Notice of Award and NTP is required to process Shop Drawings and begin procuring equipment and materials.
6-3 TIME OF COMPLETION
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6-3.1 General: The Contractor shall complete all work including punch list items under the Contract within TWENTY (20) CONSECUTIVE WORKING DAYS after the date on the Notice to Proceed.
The Contractor shall ensure the availability and delivery of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an extension of the time for 100 percent completion of Work.
Add Subsection 6-3.1.1 to the Standard Specifications:
6-3.1.1 Working Hours: Working hours shall be limited to 7:00 a.m. and 4:00 p.m. Monday to Friday, unless otherwise authorized, in writing, by the Engineer. Lane closure shall be limited to the hours between 8:00 a.m. and 4:00 p.m. , except for arterials as defined by the Engineer (9:00 a.m. to 3:30 p.m.). Deviation from these hours will not be permitted, without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of requested deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time.
It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Cont ractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engine er may seem reasonable and necessary.
A permit may have other hours or Days for the Contractor to do the Work, of which the stricter shall prevail, unless otherwise noted by the Engineer.
Whenever the Contractor is permitte d or directed to perform night W ork or t o vary the period during which Work is performed during the Working Day, the C ontractor shall give two (2) Work Days’ notice to the Engineer so that inspection may be provided.
Add Subsection 6-3.1.2 to the Standard Specifications:
6-3.1.2 Designated Holidays : Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day (4th of July), Labor Day, Veterans Day, Thanksgiving, and the Friday after, and the period between Christmas Eve and New Year’s Day. Contractor should also consult posted prevailing wage holidays for each craft used on the DIR website https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
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In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) W orking Day will be granted for each such Day.
6-4 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-4.2 Extensions of Time: In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City.
Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays : Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.
This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor may be entitled to a Change Order that:(1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6 -8 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contractor any other reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined in Section 6 -8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
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For each consecutive calendar day after the time specified in Section 6-3.1 for completion of work, the contractor shall pay to the City or have withheld from moneys due it, the daily sum of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remain incomplete beyond the expiration of the completion date. The City may deduct the amount of liquidated damages due hereunder from any monies due or that may become due the Contractor under this Contract.
Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time.
For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefore and to the satisfaction of the Engineer , and the Engineer has certified such completion in accordance with Section 6-4 of the Standard Specifications.
SECTION 7. MEASUREMENT AND PAYMENT
Unless otherwise noted, the provisions below shall supplement those provisions in Section 7 of the Standard Specifications.
7-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer.
7-3 PAYMENT
7-3.1 General: In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be w ithheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.
The unit and lump prices bid for each item of work shown on the bid shall include full compensation, including all labor, tools, equipment, and material, to complete the item of work in place, and no other compensation will be allowed thereafter. The fol lowing bid items of work pertain to the bid items included within the Bid. Incidental items of work not separately listed shall be included in the prices show for other related items of work.
Item 1) Ballistic Interior Transaction Line:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8 Ballistic Interior Transaction System. Supply and install one (1) continuous ballistic glazing assembly measuring 22'-4" (length) x 4'-8" (height) with four (4) transaction points and a 90 -degree return configuration, 2 -1/2" thick TSS 008 GCP Low Spall (Glass -Clad Polycarbonate), assembly shall be mounted in a custom-painted aluminum U-channel frame with top support and concealed fastening system, color and finish to be approved by the owner prior to fabrication, four (4) Stainless Steel Counter Mounted Deal Trays with Level 3 Bullet Trap each measuring 16" x 10" x 2", and four (4) Vertical Baffle Systems.
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Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
Item 2) Ballistic Vertical Baffle Transaction Window:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8 Ballistic Transaction Window System. Supply and install one (1) ballistic transaction unit measuring 5'-0" x 6'-0" designed to align with an ADA-compliant counter, 2-1/2" thick TSS 008 GCP Low Spall (Glass -Clad Polycarbonate), assembly shall be mounted in a custom-painted aluminum U -channel frame with top support and concealed fastening system, color and finish to be approved by the owner prior to fabrication, one (1) Stainless Steel Counter Mounted Deal Tray with Level 3 Bullet Trap measuring 16" x 10" x 2", and one (1) Vertical Baffle System.
Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
Item 3) Ballistic Interior Storefront:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8 Ballistic Interior 19’-7” x 8’ -2” Storefront System to include Double Doors and Side Lites. Supply and install one (1) UL Level 8: 6’ -0” x 8’-0” x 4" Aluminum Full Vision Wide Stile Double Doors, 2-1/2" thick TSS 008 GCP Low Spall (Glass-Clad Polycarbonate), fabricated into Level 8 Custom Painted BL 5.5 Aluminum Framing , Door Hardware Includes: Von Duprin QEL33ANL-OP w/ Best Core, Schlage PS90 2-2RS 12/24 VDC Power Supply, LNC 4040XPRW/PA/ALUTBSRT, SL27 Continuous Hinge with Lead Lined Leaf's & ATW 8 for Power Transfer, Rockwood 12” Thru-Bolt Door Pulls.
Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
Item 4) Ballistic Interior Half Vision Wood Core Door Slab:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8: one (1) 3’-0’ x 8’ -0” x 2 -3/8" Half Vision Wood Core Door Slab into Existing Hollow Metal Frame, 2 -1/2" thick TSS 008 GCP Low Spall (Glass -Clad Polycarbonate), fabricated into Paintable and Stainable Wood Veneer.
Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
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Item 5) Ballistic Interior Fixed Windows:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8: two (2) 3’-4’ x 4’-6” x 2-3/8" Interior Windows into Existing Hollow Metal Frame, 2-1/2" thick TSS 008 GCP Low Spall (Glass-Clad Polycarbonate), fabricated into Level 8 Custom Painted BL 4.4 Aluminum Framing.
Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
Item 6) Ballistic Fiberglass with Veneer Finish:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8 Ballistic Fiberglass with Paintable and Stainable Veneer Finish. Unit Sizes are as shown on contract plans.
Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
Item 7) Ballistic Steel Package Passenger:
Work under this item shall include, but not limited to, furnishing and installing a Tested and Rated UL 752 Level 8 Ballistic Stainless Steel In-Wall Package Exchanger with Internal Interlocking Mechanism. Unit Size as shown on contract plans.
Payment: The price for this item shall be paid in Lump Sum (LS) , which shall include full compensation, but not limited to, furnishing all labor, materials, tools, equipment, appurtenances, and other incidental work as necessary to complete the work in its entirety as specified. No additional compensation will be made for any component or condition to the work described under this item.
TO BE COMPLETED FOR EACH BID ITEM AS ABOVE
Mobilization and/or Demolition:
Work under this item shall include, but not limited to, providing bonds, insurance, financing; establishing a field office; complying to all noise control, dust control, water control, and other environmental regulations; coordinating and providing tempora ry utility services; obtaining all applicable permits; coordinating with stakeholders and agencies having jurisdiction; and all other items to complete the Work in place, as required by the Contract Documents. This item also includes work to demobilize from the Project site, including, but not limited to, site clean-up, and providing any required close -out/acceptance documentation. This Mobilization and/or Demolition item shall be included in the Bid Items. No additional compensation will be made for any component or condition to the works described under this item.
7-3.2 Partial and Final Payment
Add Subsection 7-3.2.1 to the Standard Specifications:
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7-3.2.1 Monthly Closure Date and Invoice Date: The monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the fifth(5th) D ay of the following month for verification and payment consideration. The Contractor shall verify all quantities with the City Inspector before payment request submittal.
Add Subsection 7-3.2.2 to the Standard Specifications:
7-3.2.2. Payments: The City shall make payment s within thirty (30) D ays after receipt of the Contractor’s verified and undisputed and properly submitted payment request , including an updated construction schedule pursuant to Section 6 -1.1 of the General Provisions . The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, and shall explain in writing the reasons why the payment request is not proper.
Add Subsection 7-3.2.3 to the Standard Specifications:
7-3.2.3 Substitute Security: In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.
SECTION 8. FACILITIES FOR AGENCY PERSONNEL
Unless otherwise noted, the provisions below shall supplement those provisions in Section 8 of the Standard Specifications.
No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.
Add Section 9 to the Standard Specifications:
SECTION 9. ADDITIONAL TERMS
9-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on 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. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.
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9-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The Contractor should sign and return the Notice to Proceed to the City prior to commencement of work. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any W ork that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 9-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the W ork by the City as defined in Section 3-13.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injur y or damage to any part of the W ork by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all m aterials and the protection of W ork already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
9-4 CLAIM DISPUTE RESOLUTION
a. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause a ny delay or cessation in or of W ork, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertains to the resolution of disputes and prot ests between the parties. The D isputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. b. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810etseq.) with regard to filing claims and to Public Contract Code Section 20104 etseq. (Article 1.5) regarding the resolution of public works claims of three hundred seventy-five thousand dollars ($375,000) or less. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 etseq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, etseq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 etseq. (if applicable), and must then adhere to Section 20104, etseq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
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9-5 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third -party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
9-6 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-7 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants , agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents ; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under th e Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract , and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-8 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or represe ntation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested, ” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 9-9 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Contract shall be in the Orange County Superior Court. 9-10 TIME
Time is of the essence in these Contract Documents.
9-11 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power
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to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.
The Contractor shall include this provision in all contracts with all Subcontractors. 9-12 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
9-13 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any righ t or remedy available to the City with regard to such breach or default.
9-14 INDEMNIFICATION
9-14.1 Contractor’s Duty : To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents ; including, without limitation, the payment of all consequential damages, attorneys ’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of
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whether any ins urance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.
9-14.2 Civil Code Exception : Nothing in this Section shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code S ection 2782(a) or the City ’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code S ection 2782(b) , provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 9-14.3 Nonwaiver of Rights: Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or cert ificate required pursuant to the se Contract Documents . This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
9-14.4 Waiver of Right of Subrogation : The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 9-14.5 Survival: The provisions of this Section shall survive the term and termination of th e Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee ’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 9-15 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 9-16 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
9-17 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.
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PART 2:
CONSTRUCTION MATERIALS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 2 of the Standard Specifications.
SECTION 200 ROCK PRODUCTS
200-2 UNTREATED BASE MATERIALS
In the event of wet soil conditions, a ggregate base shall be constru cted as directed by the Engineer.
The gradation shall be ¾” (20 mm) maximum. Changes from one grading to another shall not be made during progress of the work, unless permitted by the Engineer.
The subgrade shall be compacted to 95% with moisture contents within 2% of opt imum. The finished subgrade shall not deviate more than 0.03 feet from the design grade. Lightweight compaction equipment shall be used to avoid subgrade pumping.
NO CRUSHED MISCELLANEOUS BASE (CMB) IS ALLOWED.
SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
Concrete to be used for curb and gutter, sidewalk, drive approaches, and parkway culverts shall be designated Class 560 -C-3250 mix with maximum slump of 4" (100 mm). Cross gutters, longitudinal gutters, spandrels, concrete band, colored concrete, catch basin local depression shall be 4,500 psi concrete mix with a maximum slump of 4" (100 mm). Contractor may use fly ash with an exclusive written approval of the Engineer . Cross gutters shall be constructed per City of Buena Park Standard Plan105 and as shown of the plans, 4,500 psi concrete. Longitudinal gutters shall be constructed per Green Book Standard Plan 122 -2 as modified as shown in the plans, 4,500 psi concr ete. The Contractor shall provide 1 -1/2” thick steel traffic plates to bridge new cross gutters. Contractor shall remove a minimum of 25’ of existing A.C. on both sides of the cross gutter/spandrel or as directed by the Engineer and replace to match existing.
Concrete mix design shall be submitted to the Engineer ten (10) working days prior to use.
201-3.7 Type “D” Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant) (CRACK SEALING)
After cold milling and prior to the placing of new asphalt, concrete pavement cracks greater than 1/8" will be routed, cleaned and filled with hot asphalt rubber joint and crack sealant conforming to Standard Specifications Section 201-3.7 (Type "D" Joint Sealant (Hot-Poured Rubber-Asphalt
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Joint sealant)). Cracks less than 1/8" wide shall not be filled. Cracks greater than 1/8" up to and including 3/8" shall be routed to a width of 1/2" and a depth of 3/4". Cracks greater than 3/8" need not be routed.
All cracks shall be blown clean using not less than 175 cfm air compressor at 110 psi just prior to sealin g. Loose material between cracks larger than 3/8" shall be removed by gouging or plowing and the crack shall be brushed and blown clean with compressed air just prior to sealing.
Sealant shall be topped off where settling occurs. Depressed areas adjacent to cracks shall be filled to road level by use of a straight squeegee. Excess material shall be leveled off at all cracks.
Sealant shall be applied according to manufacturer's specifications, using the manufacturer's recommended equipment. Manufacturer's specifications and equipment recommendations shall be furnished to the Engineer prior to construction.
SECTION 203 BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.2 Materials
Asphalt concrete surface course shall be Type III C3-PG 70-10. Tack coat shall be Grade SS - 1H, per Section 302-5.4 and shall be applied to the perimeter of all AC removal and replacement locations and cold milling locations. All tack coats over spray on gutter edges shall be removed.
The asphalt content for the Type C 3-PG 70-10 asphalt concrete shall be per Orange County Environmental Management Agency Special Provisions — Asphalt Concrete Standard Plan 1805 (revised).
The Contractor shall use a PG Asphalt Binder.
SECTION 207 GRAVITY PIPE
The Section 207 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 207.
SECTION 208 PIPE JOINT TYPES AND MATERIALS
The Section 208 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 208.
SECTION 209 PRESSURE PIPE
The Section 209 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 209.
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SECTION 210 PAINT AND PROTECTIVE COATINGS
The Section 210 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 210.
SECTION 211 MATERIAL TESTS
The Section 211 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 211.
SECTION 212 WATER AND SEWER SYSTEM VALVES AND
APPURTENANCES
The Section 212 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 212.
SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
All references to traffic striping and markings shall be "Thermoplastic".
Traffic Signs, Striping, Markers, and Markings, shall conform with Sections 84 and 85 of the Caltrans Standard Specifications and these Special Provisions.
Existing striping, pavement markings, legends, stop bars, crosswalks, parking stalls, red curb, etc., shall be replaced by the Contractor if damaged. It is the Contractor's responsibility to note and inventory such locations using a video recording system prior to removal and replacement of such, accordingly. In the event of a conflict as to the locations, placement of legends, markings, lines, etc., shall be as directed by the Engineer.
All existing markings which do not conform to the new striping s hall be removed with a grinder.
Existing markers which are partially removed or damaged shall be removed in total and replaced in kind. The Contractor shall re -stripe existing striping and curb markings obliterated by new construction, whether or not shown on the Plans for replacement.
Pavement Markers: Traffic striping will not commence sooner than seven to ten (7-10) working days after the surface course is placed. The Contractor shall furnish and install raised pavement markers as indicated on the plans and specifications to restore the roadway to its original state in accordance with the requirements of Section 85 of the Caltrans Standard Specifications.
Type A markers shall be ceramic type in accordance with Section 85 -1.02B(3) of the Caltrans Standard Specifications.
Fire Hydrant Reflectors: All existing fire hydrants shall, at the completion of the project have Type D two -way blue reflectors placed in accordance with the 2014 (or Latest Edition) California Manual of Uniform Traffic Control Devices (MUTCD) Section 3B.11.
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Traffic Striping : In areas of new, or restoration of street striping, markings and legends, the Contractor shall provide and install traffic striping, thermoplastic paint and beads equal to State Standard Specifications, Section 84.
After the completion of surface course paving operations, and raising frames to grade, the Contractor shall allow seven to ten (7-10) working days before final striping. This does not include cat- tracking, which must be done within 24 hours or as directed by the Engineer.
The Contractor shall provide paint spots on centerline approximately 150 feet apart, to establish a reference line as shown on plans and as directed by the Engineer. The Contractor shall mark off all lane lines to match existing conditions.
Cat tracking shall be approved in writing by the Engineer before application.
Pavement Markings: Pavement marking work shall be limited to replacement of all legends, turn arrow legends, stop bars and crosswalks with 120 mils thick thermoplastic within the confines of the work area unless otherwise directed by the Engineer. All work shall match existing conditions.
All materials shall conform to the State Standard Specifications.
Add Section 218 to the Standard Specifications:
SECTION 218 TRUNCATED DOME MAT
The detectable warning surface required for all curb ramps within the AC paving project limits shall consist of a Buena Park light b lue replaceable, cast-in-place polyurethane truncated dome mat, ARMOR- TILE, or approved equal. Contractor shall verify the color with the Engineer prior to installation of mat. The dimensions of the detectable warning surface shall be as specified on the Caltrans Standard Plans.
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PART 3:
CONSTRUCTION METHODS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 3 of the Standard Specifications.
SECTION 300 EARTHWORK
300-1 CLEARING AND GRUBBING
During construction and excavation, soft and unstable subgrade is expected to be encountered.
The City's soils engineer shall determine the method of stabilizing these areas. The use of stompers will not be allowed for any portion of work on the project.
Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable sub - grade.
Removals shall consist of the sawcut and removal of all materials, regardless of character, necessary for the construction of the project as shown or indicated on the plans and specifications and shall include but not be limited to: asphalt, aggregate base, and subgrade if required by the engineer.
All existing pavement joining new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to the existing utilities and improvements to be protected in-place. Any damage caused by Contractor and/or his equipment shall be repaired or replaced as called out in Section 4-2 of the Standard Specifications at Contractor's expense.
Asphalt and subgrade removals shall be done with a grinder only. Grinding of the existing AC pavement shall be at a constant dep th as called for in the plans. All temporary striping required after grinding operations shall be installed per City Standards.
The entire surface area of the pavement designated for removal shall be ground to the depths specified in the plans. Care shall be exercised not to damage adjacent improvements. Gutters or curbs damaged by the Contractor’s operations shall be replaced at the Contractor's expense.
The contractor shall scan the work area using a metal detector of adequate strength prior to any saw cutting, excavation or grinding of the existing pavement. Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers or other metal appurtenances buried below the existing pavement surface whether shown on the plans or not.
Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by a vacuum sweeper and properly disposed of. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer . No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall cover and protect all storm drain inlets prior to the start of grinding operations.
Cold mix A.C. shall be placed and maintained at the interface between ground and non -ground
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areas to eliminate the hazard caused by sudden elevation differences, especially in pedestrian path of travel areas adjacent to wheelchair ramps.
The Contractor is to notify the Engineer at least two (2) working days prior to and immediately after the grinding operations so that observations and measurements may be made of areas before the placement of permanent asphalt.
Under no circumstances shall the period of time between removal of existing improvements (which create an obstruction or hazard to the public) and their replacement exceed three (3) calendar days at any one location unless approved otherwise by the Engineer or is necessary to facilitate or protect work. Should the Contractor fail to comply with this requirement, all other operations will be stopped until the hazard or obstruction is removed and no additional days or other compensation will be given.
NOTE: Concrete removals are not allowed on Fridays or the day before a holiday and shall be replaced before the weekend or holiday.
Under no circumstances, shall the Contractor place concrete forms with the intent of leaving the forms in place for more than 24 hours, aside from curing freshly poured concrete.
The plans do not indicate any existing sprinkler systems. It is the Contractor's responsibility to examine the site, and determine what damage, if any, will be incurred within the areas described above, and consider this in the bid price for the various items of work.
The limits of removals will be marked by the Engineer, within forty -eight (48) hours from the Contractor's request, to have removal areas marked.
All patching and repair work for any removals shall be to the original condition unless directed otherwise by the City Engineer.
All removed material becomes the property of the Contractor and shall be hauled and properly disposed of outside of the project limits.
Add Subsection 300-1.2.1 to the Standard Specifications
300-1.2.1 Additional Considerations:
1. In areas where roots are encountered, they shall be removed a minimum of 12 inches from the new work, or as directed by the Engineer.
2. In addition to removal of street, traffic, warning signs, or any other signs, Contractor shall reinstall and/or replace as shown on plans or as directed by the Engineer.
3. The Contractor shall, upon completion of the new improvements, repair, resod, replant, and replace landscape areas damaged or altered through the course of construction, including top dressing of the soil. All existing irrigation systems, which were affected as part of the project construction, shall be restored to their original condition and to the satisfaction of the Engineer. As required, irrigation system components shall be relocated and/or adjusted to grade within the limits of the landscaping.
4. This item shall also be interpreted to include the removal and disposal of any additional items not specifically mentioned herein which may be found with the work
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limits or are shown on plans to be removed.
Add Subsection 300-1.5 to the Standard Specifications
300-1.5 Site Demolition and Clearing : Following the asbestos and lead containing building materials removal and certification of the site, the building demolition and site clearing and grubbing may begin. Site clearing and grubbing shall be in accordance with Section 300-1 of the Standard Specifications and these Special Provisions and shall include the removal of all material from within the property boundary of each site unless specifically noted as “protect” or otherwise directed by the Engineer.
The Contractor shall be responsible for having a qualified pest control company spray all structures in order to prevent insects living within the structures from infesting adjacent properties.
This spraying action will be done 48 hours prior to demolition of any structures. The cost of complying with all requirements specified in this section shall be borne by the Contractor and should be considered as included in the price bid.
Unless otherwise specified, all concrete floors, walks footings, porches, steps, slabs, signs, and foundation walls within the limits of the property shall be removed in their entirety with demolition operations, shall be removed from the site and disposed of by the Contractor. Likewise all brick, plaster, lumber, wood scraps and all other loose or fixed debris shall be removed from the site and disposed of by the Contractor, unless otherwise noted on to protect. Asphalt within the project to remain.
The City reserved the right to order the Contractor to stop work at any time for purposes of conducting a structural and analysis of the building being demolished. The Contractor may be required to continue the work under supervision of a structural engineer at no cost to the City.
During demolition, the Contractor shall keep the site free and clean from all rubbish and debris and in a sanitary condition and shall promptly clean up the site after being notified by the City representative.
The Contractor shall backfill holes and voids created during his operations, the backfill shall consist of non-organic rubble-free portions of on-site materials or clean non-expansive imported dirt. Dirt shall be placed in horizontal layers not to exceed eight inches in depth, each layer being well moistened and thoroughly tamped or rolled until a relative compaction of not less than 90% is secured as determined by Test Method ASTM -D-1557-70. No puddling or flooding of backf ill shall be done without specific authorization by the City. The Contractor shall make his own arrangements for securing fill materials. Cost of Backfill materials, grading, and related work shall be considered as included in the project bid and no additional compensation will be considered.
Compaction tests will be required on all fill areas exceeding 16 inches in depth. Tests will be done by a firm selected by the City and at locations requested by the Inspector. Results shall meet the compaction requirements as specified. Costs of such tests shall be borne by the City.
All areas shall be grubbed to a depth below the natural ground surface necessary to remove all stumps, roots, buried logs, broken concrete, broken asphalt and all other objectionable material larger than two inches.
The City reserves the right to search for buried debris after completion of the demolition operations. If debris is uncovered, the Contractor shall remove all uncovered material and pay to
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the City the cost of exploratory work.
Add Subsection 300-1.6 to the Standard Specifications
300-1.6 Material Disposition: The asbestos containing materials and lead paint, buildings, site improvements and all materials resulting from their demolition or removal shall be removed from the premises. This shall include all stoves, refrigerators and other furniture found on the si te.
However, the Contractor shall not dispose of the improvements or materials there from by sale, gift or in any manner whatsoever to the general public at the site. This provision shall not be construed as limiting or prohibiting the sale or disposition of such improvements or materials at the site to duly licensed contractors or materials men, provided that the materials are removed by the Contractor. Removal of buildings as a unity, or in sections capable of reassembly as a structure, is expressly prohibited.
NO BURNING OF MATERIALS SHALL BE PERMITTED ON THE SITE.
300-2 UNCLASSIFIED EXCAVATION
Add Subsection 300-2-10 to the Standard Specifications:
300-2-10 Over-Excavation: During construction and excavation, soft and unstable sub-grade is expected to be encountered. The City’s soils engineer shall determine the method of stabilizing these areas. If, in the opinion of the Engineer, the existing areas of materials beneath the regular excavation depth are unsuitable, and/or contaminated, the Contractor may be ordered to over - excavate those areas to a depth to be determined by the Engineer. A combination of stabilization fabric or aggregate base and asphalt concrete bridge mix shall be used to replace materials over- excavated as directed by the Engineer.
Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable sub - grade.
Over optimum conditions are anticipated in isolated areas, and will require over excavation and replacement with a thickened pavement section. The Engineer will determine the specific areas and limits of excavation during construction.
Operation of rubber tired equipment on marginal or soft sub-grade will not be permitted. All trucks shall be directed as necessary to prevent loaded trucks from driving on sub -grade areas designated as soft or yielding. Areas designated for over excavation and replacement with thickened pavement sections shall utilize track excavators and/or loaders capable of operating on the exposed sub -grade. The Contractor shall be responsible for selection of the equipment necessary for excavation.
The Contractor shall submit a list of equipment t o be used to the Engineer for ap proval prior to beginning stabilization work. The list of equipment shall provide a complete detailed description of each piece of equipment to include weight, type of drive (rubber, tire, track, steel drum, etc.)
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BOTTOM DUMP (AKA BELLY DUMP) TRUCKS SHALL NOT BE USED ON ANY PORTION OF WORK ON THIS CONTRACT.
300-4 UNCLASSIFIED FILL
Work shall be performed in accordance with Section 301 of the Standard Specifications. Disturbed subgrade and backfill materials shall be compacted to 95% relative compaction and optimum moisture content of 2%. Finished subgrade shall not deviate more than 0.05 foot (15 mm) from the theoretical grading plane and must be firm and unyielding.
All rocks, stones, debris and roots within 12 inches (300 mm) of the finished surface shall be removed and disposed of.
Backfill shall consist of placement of material necessary to fill voids adjacent to newly constructed curb and gutter, sidewalks drive approaches, etc.
Landscaping b ackfill material shall be topsoil and considered select material acquired from approved sources for sustaining healthy plant life. No backfill material shall be placed until approved by the Engineer.
SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS,
AND PLACEMENT OF BASE MATERIALS
Add Subsection 301-1.8 to the Standard Specifications:
301-1.8 Adjustment of Manhole Frame and Cover Sets to Grade : Water valves, manhole frames and covers and sewer cleanouts shall be adjusted to grade including paving within t en (10) working days after completion of paving.
Failure to comply shall result in a penalty of ONE THOUSAND ($1,000) DOLLARS A DAY.
Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After frames have been removed, the tops of each structure shall be carefully cle aned to provide a suitable foundation for the new material. The existing frames and covers shall remain the property of the City.
The Contractor should be made aware that there are some existing coated/lined sewer manholes in the project areas as called out in the plans. The Contractor, when adjusting these sewer manholes to grade, shall replace the existing coating/lining to the new grades.
Upon completion of the roadway resurfacing or construction, circular holes shall be cut where the water valves and sewer cleanouts or manholes exist and the valve cans and sewer manhole and cleanout frames and covers adjusted to the proper grade, and a 6” x 6” concrete collar shall be placed around outside of valve cans sewer cleanouts and manhole frames. The pavement shall then be replaced with a structural section equivalent to the adjacent areas. Any valve cans or sewer manholes and cleanouts found to be located within areas to receive concrete surfaces shall be adjusted to grade prior to placing the concrete. Any valve cans which may be located in areas
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which will be excavated prior to placing of the base material shall be removed during excavation, stored, and reinstalled to proper grade by one of the above methods. The Contractor shall furnish any valve can parts, sleeves, grade rings and/or top sections needed to complete the installations.
These parts shall be in accordance with the City of Buena Park Standard Plan Nos. 504, 505, 511, 518, and 530.
Contractor shall tie -out locations of all manholes and water valve covers to three permanent locations, prior to paving and supply the information to the Engineer.
If, when the frames are adjusted, it is determined that there will not be sufficient bearing in the opinion of the Engineer, between the ring and the remaining structure, two steel bars, not less than 1” by 3” shall be placed in such a way as to properly support the ring, after which the exterior of the ring will be covered with masonry in the normal fashion.
Frames shall be set to the grade of the new surface after the surfacing has been placed. The area around the frame and cover shall be filled with paving materials after the 6” x 6” concrete collar is placed, the surface of which shall conform to the grade of the finished surface. Manholes and lines must be cleaned if any debris is dropped into manhole.
After the completion of finish course paving operations and prior to raising frames to grade, the Contractor shall allow two (2) working days before final striping. This does not include cat-tracking, which shall be done within 24 hours after paving as directed by the Engineer.
SECTION 302 ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
PLACING SAND ON ANY ASPHALT SURFACE WILL NOT BE ALLOWED.
The asphalt concrete mix design and material list and source shall be submitted to the Engineer for approval a minimum of ten (10) working days prior to use.
No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.
Prior to paving, all grass or vegetation growing through cracks in the pavement or adjacent to curb and gutter shall be removed and the areas sprayed with a soil sterilizer approved by the Engineer. Streets that get full depth AC removal shall be treated w ith weed killer (colored type) spectracide or approved equal.
Tack coat shall be placed on one lane at a time and no further than 200 feet ahead of paving operation. Unit price bid for asphalt shall include tack coat.
The surface shall be cleaned by use of a mobile sweeper and washed with water and allowed to dry prior to surface course applications.
At least 75%, by weight, of the material retained in the No. 4 sieve shall have at least one fractured face as determined by Test Method No. Calif. 205.
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Asphalt Concrete Base Course shall be of the thickness as shown on the plans and TYPE III-B2 PG 70-10 (3/4”).
A single AC layer as indicated on the plans shall be placed with suitable equipment and rolled lightly for grade control purposes only. Contractor shall exercise caution in these areas to prevent pumping of subgrade. Relative compaction requirement is waived for this initial base layer in the wet sub-grade areas only. The completed base layer shall be allowed to cool for a minimum of 15 hours prior to placing next layer of asphalt. No truck shall be permitted to operate on the sub - grade or the asphalt until the suitable cooling period is expired per the direction of Engineer.
Asphalt Concrete Leveling Course shall be of thickness as shown on the plans and be TYPE III-C3 PG 70-10. All asphalt leveling courses shall conform to Section 203-6 of the Standard Specifications. Hot tack coat shall be Grade SS-1h emulsified asphalt.
Asphalt Concrete Bridge Mix (Soft Areas) shall be used for backfilling in over-excavated soft areas encountered during work as directed by the Engineer. A one-ton batch shall contain:
• Sand……………………………………………. (24%)………... 458 lbs.
• 3/8” (1 cm) Aggregate………………………... (35%)……...... 667 lbs. • ½” (1.5 cm) Aggregate………………………. (12%)……….. 229 lbs.
• ¾” (2 cm) Aggregate………………………..... (29%)……….. 553 lbs
• Asphalt viscosity grade PG 70-10………….. (4.9%)…….......93 lbs.
Sub-grade preparation shall conform to Section 301 -1 of the Standard Specifications and these Special Provisions. Bridge mix shall be placed without compaction effort. Care shall be taken to keep bottom of sub grade flat.
If applicable, 1 ½” Asphalt Concrete Leveling Course shall be used at the direction of the Engineer as deemed necessary by field conditions. Leveling course shall be a minimum of 1 ½” in thickness and will be required when, in the opinion of the Engineer, the base paving is not suitable to provide adequate support for the finish course of paving.
Rolling equipment shall conform to the provisions of Subsection 302 -5.6 of the Standard Specifications, except three-wheel rollers shall not be permitted and pneumatic rollers shall be used on base courses only. Rolling equipment on local roads shall be a minimum of one 8-ton, 2–axle tandem roller for each fifty (50) tons, or fraction thereof, of asphalt concrete placed per hour by each asphalt paver.
The Engineer will vary paving rates as necessary or require additional compaction equipment in order to insure adequate compaction of the hot mixture.
All locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, Contractor shall saw cut existing pavement to provide straight, neat lines and feather the new pavement to form smooth transition with the existing pavement.
Prior to the feathering process, the Contractor shall cold mill the existing pavement a minimum of five (5) feet (1500 mm) in width from the edge of gutter or from join lines as designated by the Engineer. Contractor shall remove all loose materials from site after cold milling. Asphalt joints shall be sealed with approved bituminous material.
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Note: Contractor shall water test all streets for drainage and drivability prior to final approval and payment for the work, at no cost to the City.
Temporary striping : Lane line delineation shall be accomplished using reflectorized slurry tabs, and shall be placed after each paving operation. In accordance with the approved striping plan, twelve (12) inch wide reflectorized striping tape shall be used for stop bars and crosswalks. Said tape shall be removed from temporary surfaces prior to placement of additional asphalt. Temporary striping on cold milled surfaces shall be paint.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
The Contractor shall provide and maintain a walkway area with a minimum unobstructed width of four (4) feet (1 ,200 mm) for pedestrian traffic at all times, whenever possible. “SIDEWALK CLOSED AHEAD” signs shall be posted per the Engineer’s direction whenever sidewalk is closed for construction.
Concrete driveway approaches shall be constructed per City of Buena Park Standard Plan 213 and as modified if shown on the Plans. The Contractor shall provide secondary access to all businesses/residents during construction of driveway approaches. If not possible, the Contractor shall construct the approaches so as to maintain private property accessibility.
New wheelchair ramps shall be constructed per Caltrans Standard Plan A88A, unless otherwise noted on the project plans. All new ramps shall have a zero -inch (0”) lip of gutter at the ramp opening and a cast-in-place detectable warning surface 3’x4’ (blue in color). The PCC curb and gutter construction, which is related to the PCC wheelchair ramp construction, shall be considered as part of the wheelchair ramp.
Sidewalks, driveway approaches, curb ramps, and curb and gutter construction shall match existing adjacent improvements as nearly as possible.
Control joints for curb and gutter shall be 1/4" (6 mm) wide and shall be constructed 10' apart as directed by the Engineer.
Sub-grade preparation shall consist of cut or fill as is necessary to maintain specified concrete thickness at the grade established by the Engineer. Compaction of subgrade shall be as specified in Section 301 of the Standard Specifications.
Backfill material placed behind newly constructed curbs shall be topsoil in the upper twelve inches (12") (300 mm) to accommodate landscaping materials.
All concrete removal areas shall have new concrete improvements installed within three (3) calendar days from the date of the removal unless approved otherwise by the Engineer.
No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.
The Contractor is responsible for the protection of the concrete work for the duration of the project and shall replace all damaged or destroyed concrete to the satisfaction of the engineer at no additional cost to the City.
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Add Section 315 to the Standard Specifications:
SECTION 315 TRUNCATED DOME MAT
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp and shall be installed per the manufacturer's installation recommendations and as directed by the Engineer.
At a minimum the Contractor shall adhere to the truncated dome mat manufacturer's installation requirements including proper surface preparation and protection of the work and surrounding area.
Add Section 316 to the Standard Specifications:
SECTION 316 ACCESSIBLE RAMPS
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp and shall be installed per the manufacturer's installation recommendations and as directed by the Engineer.
At a minimum the Contractor shall adhere to the truncated dome mat manufacturer's installation requirements including proper surface preparation and protection of the work and surrounding area.
All new accessible ramp construction shall be constructed to meet ADA and any applicable regulations, including transitioning beyond the accessible ramp limits to meet grade tolerance.
Contractor shall retrofit existing wheelchair ramps by grinding the concrete ramp flush with the gutter flowline.
Add Section 317 to the Standard Specifications:
SECTION 317 AESBESTOS AND LEAD REMOVAL
The City has obtained asbestos abatement report prepared by Forensic Analytical for the project.
A copy of the report is attached to these specifications as Exhibit A. The work consists, in general, of the removal of all asbestos and lead containing materials from the project sites and includes, but is not limited to, project submittals, site preparation, asbestos and lead materials removal, containment, disposal, area clean up and agency clearance.
Prior to the proposed start of work, the Contractor shall submit the following information to the Engineer for review and approval. The Contractor shall not proceed until he has received approval of the requested information.
• Copy of all required State notifications.
• Copy of State or local license for waste hauler.
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• Name and address of landfill where asbestos and lead containing waste materials are to be buried. Include contact person and telephone number.
• Chain-of-custody form and form of waste manifest proposed. • Sample of disposal bag and any added labels to be used.
• Designated full time certified project supervisors resume.
• Copies of certificates from an EPA-approved AHERA abatement workers course for each worker as evidence that each asbestos abatement worker is accredited as required by AHERA regulation.
• Evidence that all workers have been trained, certified and accredited as required by State of California and by local code or regulation.
Upon completion of the work and disposal of the material of the material, submit copies of all manifests and disposal site receipts.
The abatement of asbestos and lead containing building materials from the subject buildings must meet all the laws, regulations, and standards included in state and federal documents. The Contractor shall bring to the attention of the Engineer any conflict between State and Federal requirements and the requirements of these specifications.
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PART 4:
EXISTING IMPROVEMENTS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 4 of the Standard Specifications.
SECTION 402 UTILITIES
402-1 LOCATION
The location and existence of any underground utility or substructure, if provided, is for reference only. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both.
Prior to start of construction and not less than 48 hours, the Contractor shall notify the Underground Service Alert (USA) at (800) 227 -2600. No compensation will be allowed for repairing of damage incurred by the Contractor to any utility.
For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.
Within five (5) working days after the completion of the work, or phase of work, the Contractor shall remove all USA utility markings. Any surface damaged by the removal effort shall be repaired to its pre-construction condition or better.
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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.
Dig Alert Identification Number: ________________________________________________
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.
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402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
Any portions of curb, gutter, sidewalk or any other City and/or private improvements damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his/her or her Bid.
402-3 REMOVAL
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and native/non-native obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. The remaining portion of an existing Utility which is left in place shall be properly abandoned, accurately recorded, in elevation and plan, on the control set of Contract Drawings.
402-4 RELOCATION
The Contractor shall cooperate fully with all U tility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.
SECTION 404 COLD MILLING
Existing asphalt concrete shall be milled at the locations and to the dimensions shown on the plans and in accordance with these Special Provisions. The milling of asphalt concrete will only be permitted to take place immediately prior to paving.
It is anticipated, due to the large amounts of milling to be performed, that traffic will be transferred onto milled surfaces for short intervals prior to placem ent of the asphalt concrete. The milled surfaces to receive traffic must have an approved satisfactory driving surface before traffic will be allowed to resume use. Abrupt changes in surface elevation of greater than 3/8 inch (10 mm) will not be allowed. Therefore, where milling depths as shown on the plans exceed 3/8 inch (10 mm) in depth, a tapered mill perpendicular to the direction of travel, at the rate of one 1 inch (25 mm) per five (5) feet (1500 mm), shall be required until the specified depth of mill is reached.
Abrupt changes in the pavement surface elevation in the longitudinal direction (parallel to the direction of travel) shall not be allowed. A minimum of three (3) foot (900 mm) transition is required for longitudinal grade differences over 3/8 inch (10 mm).
Upon completion of milling operations, the Contractor shall plac e hot mix AC to reduce the lip
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where wheelchair access ramps are located to assist use by handicapped persons. The hot mix will then be removed no sooner than 24 hours prior to paving.
Both the perpendicular and parallel temporary taper transition may be achieved by over milling outside of the specified full depth mill limits or by using a full depth mill inside the specified full depth mill limits followed by a temporary asphalt concrete ramp. The temporary asphalt concrete ramp must be rem oved just prior to the actual asphalt concrete base course placement.
Adherence to all of the preceding temporary pavement surface maintenance requirements shall be absorbed into the unit costs for the various mills. No additional compensation will be allowed.
Milled asphalt concrete pavement will be measured by the square foot. The quantity to be paid for will be the actual area of surface milled irrespective of the number of passes required.
All milled material shall become the property of the Contractor.
PART 5:
PIPELINE SYSTEM REHABILITATION
Unless otherwise noted, the provisions below shall supplement but not replace those provisions in Part 5 of the Standard Specifications.
SECTION 500 PIPELINE, MANHOLE, AND STRUCTURE
REHABILITATION
500-1 GENERAL
The Contractor shall field verify pipe diameter at the maintenance holes and lengths prior to ordering liner materials. The Contractor shall notify the Engineer of any discrepancies between information obtained in the field and existing plans.
A Contractor licensed by the manufacturer/owner of the process shall perform installation of the sewer lining. Bidders are required to submit copies of such licenses with their bids. A bidder’s failure to do so shall render their bid non-responsive.
Bidders shall provide proof of meeting the requirements for chemical resistance and physical testing of the above selected liner system along with their bid.
Minimum pipe liner wall thickness: The minimum finished liner thickness shall conform to Table 500-1.1.1.a below:
Table 500-1.1.1.a
Host Pipe Diameter (inches) 6 8 12
Standard Dimension Ratio (SDR) 32.5 32.5 35
Liner Thickness (inches) 0.185 0.246 0.342
If the pipe liner process requires a thicker SDR for the site, or existing pipeline condition designed
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with a 2 to 1 safety factor the contractor shall provide the thicker pipe required.
CIPP designs shall use a minimum of 15% extra thickness to compensate for resin migration/seal factor to fill joints, cracked or deteriorated pipelines unless a higher % is noted on the plans or special provisions to fill cracked or detracted pipelines
500-2 SUBMITTALS
Submittals Required With The Bid:
Working Knowledge of the Scope of the Project, Submittal:
Name of person that inspected the job site and reviewed the CCTV video and log sheets (if available).
Manufacturers Material Certification, Submittal:
1. Copy of third party GREENBOOK chemical resistance test results (Pickle Jar Test) 210-
2.3.3 for each of the selected lining materials proposed.
2. Certification from manufacturer that the formulation has not changed since the chemical resistance testing was completed.
Product Trade Name, Submittal:
Submit the trade name of the selected process to complete this project.
Product Manufacturer, Submittal:
Submit copy of the manufacturer’s literature, material data sheets, and installation procedures.
Manufactured flattened or folded, plastic pipe liner supplier shall provide the pipe manufacturers company name, address, date of inspection, and, names of GREENBOOK committee review team that reviewed the quality control procedures and inspected the manufacturing facilities.
Submittals due at the pre-construction meeting
Cured-in-Place Material, Submittal:
A copy of an infrared spectrum analyses chart for the vinyl ester or epoxy resin proposed. This will be used to match field sample test results from each installation.
1. Submittals required before each installation of pipe
Factory manufactured PVC pipe, Submittal:
Test results on each coil of pipe shall include all required testing results per the following GREENBOOK sections:
1. Folded and Re-Formed plastic pipe liner 500-1.10.2 (c) or 500-1.10.3 (c)
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Cured-in-Place Pipe, Submittals:
1. Manufacturers certification and test results that manufactured Cured -in-Place felt tubes meet the requirements of ASTM F1216-93 and meet the minimum strength requirements of ASTM D5035-95
2. Manufacturers certification and test results that the vinyl ester or epoxy resin meet the physical requirements of the GREENBOOK table 500-1.1.4.2
3. The calculations for the quantity of resin required for each wet out shall be submitted and approved by the Engineer prior to wetting out the liner.
4. A copy of the wet out log sheet, including the date, and the wet out supervisor s name.
This wet out log shall be certified by a registered California Engineer.
Samples for testing required at the end of each installation
1. A restrained test sample per specifications
Material Test Results required 30 days after installation Material test results from installation restrained test samples to verify compliance with the values specified.
500-4 PIPELINE POINT REPAIR AND/OR REPLACEMENT
500-4.3 Sewer Bypassing and Dewatering: Additional work to repair any damage to the pipe lining system caused by failure of the bypassing system shall be the Contractor’s responsibility
500-5 LINING
500-5.5 Cured-In-Place Pipe (CIPP) Liner
500-5.5.1 General: The Contractor shall obtain a permit from the wastewater treatment agency for the curing water. Permit for discharging curing water shall be obtained by the Contractor from the Industrial Waste Division. The curing water must be cooled to meet the discharge agencies’ standards before releasing the flow.
500-5.5.2 Material Composition and Testing: The side of the liner exposed to the sewer flow after inversion is completed shall have a layer of polyurethane bonded to it, with a minimum thickness of 0.01 -inch and shall be pinhole free. All seams and patches in the polyurethane coating shall be inspected under a black light. The tube shall be put under a vacuum at the factory and submerged in a die bath to verify that it is pinhole free.
The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point) to be rehabilitated. No joints or laps will be permi tted between maintenance holes.
The factory test results for each batch of resin shall be submitted to the engineer before installation.
(Replace the last paragraph with the following.):
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Testing of the installed CIPP liner is required for this project.
1. One 2-foot long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the downstream and any intermediate maintenance holes in accordance with ASTM F 1216 Sections 8.1.1 and 8.1.2. A minimum of one sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the onsite inspector.
2. The sample shall be checked by the inspector using ASTM D 2122 -90 #7 to verify the minimum water way wall thickness specified in table 500-1 .1.1. (A)
Each sample shall be submitted by the Engineer to an independent testing laboratory for Infrared spectrum analysis comparison testing. This test result will be compared against the infrared spectrum analyses chart submitted at the pre construction conference to verify that a vinyl ester or epoxy resin was installed. All costs for this testing shall be paid for by the Contractor and included in the bid price. (Test lab Harlan & Assoc. 11
3. Duboise Ave. San Francisco, CA 94103 -1228 (415) 621-7245 or other lab approved by the Engineer).
4. The physical properties of the installed CIPP liner shall be verified through field sampling and independent laboratory testing as approved by the Engineer. The samples shall be submitted to an independent testing laboratory and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of the standard specifications section 500-5.5.2.
5. Resin cure quality shall be tested per ASTM F1216 a D 903 delamination test shall be preformed for each inversion.
6. All costs for the above testing shall be paid for by the Contractor and included in the bid price.
7. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non -compliant pipe liner in accordance with section 500-5.5.8 of the SSPWC. The Engineer may grant a time extension for this repair.
500-5.5.4 Chemical Resistance Testing: Proof of meeting these requirements shall be submitted with the Contractor’s bid.
500-5.5.5 Installation: The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage, stretching during installation and loss of resin through cracks and irregularities in the host pipe.
The calculations for the quantity of resin required shall be submitted and approved by the engineer prior to wetting out the liner. A roller system shall be used to uniformly distribute the resin throughout the tube. The gap in the rollers shall be verified every 50 feet.
The Contractor shall use either an end-stop or hold-back mechanism to prevent the felt tube from extending into conduits that are not to be rehabilitated.
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500-5.5.6 Curing: The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure.
The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the lining manufacturer’s instructions. The Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner.
The cured liner shall have a smooth finish inside. Any roughness that may affect the hydraulic conditions shall be removed by sanding or trimming the “fins” or folds. The Contractor may either apply a sealant compatible with the material to areas where sa nding has taken place or reline from maintenance hole to maintenance hole as approved by the Engineer.
500-5.5.7 End Seals: After installation the ends of the liner shall be cut off at the maintenance hole. The cuts shall be smooth and parallel with the maintenance hole wall. The finished liner shall not protrude into the maintenance hole over 2 inches.
If the maintenance hole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined.
500-5.10 Folded and Re-Formed PVC Pipe Liner
Subsection 500 -5.10.2 (c) - Material and Equipment Acceptance (add to the end of second paragraph):
The factory test results for each coil of pipe shall be submitted to the Engineer before installation.
Subsection 500 -5.11.5 - Chemical Resistance and Physical Testing (modify the last sentence of the paragraph as follows):
Proof of meeting these requirements shall be submitted with the Contractor’s bid.
Subsection 500-5.10.3(f) - Installation and Field Inspection (replace the last paragraph with the following):
Testing of the installed PVC liner is required for this project.
1. Before installation the pipe coils shall be checked by the Engineer using ASTM D 2122- 90 #7 to verify compliance with the minimum wall thickness in table 500-5.1.1. (A).
2. Before each installation the Contractor shall measure the OD of the liner pipe and the ID of the host pipe to verify that the liner will fit tightly and is not too small or to large.
3. One 2-foot long sample shall be cut from a section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream, downstream, intermediate, or above ground maintenance hole. One sample shall be taken for each 1,200 feet or fr action
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thereof of pipe with a minimum of two (2) samples. The sampling location(s) shall be designated by the Engineer. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter, and written verification by the onsite inspector.
4. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by the engineer. The samples shall be submitted to a testing laboratory and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of the standard specifications section 500-5.10.2 (B) or 500-5.10.3. (B)
5. Pipe quality shall be verified through testing per ASTM F 1504 an F 1057 heat reversion test shall be performed on each test sample.
6. All costs for testing shall be paid for by the Contractor and included in the bid price.
7. Test results are due within 30 calendar days from the date the samples were taken. The contractor shall be responsible for repairing non -compliant pipe liner in accordance with section 500-5.10.9 of the SSPWC. The Engineer may grant a time extension for this repair.
500-5.10.4 End Seals: After installation, the liner shall be cut off in the maintenance hole. The cut shall be smooth and parallel with the maintenance hole wall. The finished liner shall not protrude into the maintenance hole. The contractor shall cut off the liner as close to flush with the maintenance hole as possible.
If the maintenance hole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined.
500-8 SERVICE CONNECTION RE-ESTABLISHMENT
Protruding laterals: The Contractor shall assume that there are no protruding laterals unless it is noted in the special provisions, CCTV video or log sheets made available to the Contractor before the bid opening. Prior to insertion of the liner, the contractor shall cut off interfering identified protruding laterals as close to the flush with the pipe interior as practicable.
The Contractor shall pay for all costs for required point repairs or excavation made for the service connections that are found plugged by the rehabilitation process.
To prevent maintenance problems such as roots, infiltration, exfiltration, or loss of backfill material into the newly lined pipe, all plugged service connections identified in the prelining videotape shall not be opened unless specifically directed by the engineer in the special provisions.
The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection.
All final lateral cuts shall be finished off with a wire brush to remove chips, strings, and curlicues to provide a smooth opening.
Service connections shall not be made until the liner pipe has stabilized. The use of mechanical
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restraining devices (such as red heads) that will restrict the pipe from completely stabilizing will not be allowed.
Lateral cut coupons shall be trapped and removed at the downstream manhole after the laterals have been opened. The Engineer will deduct up to fifty dollars for each lateral cut coupon two inches or larger left inside the sewer system.
Visible gaps 1/8 of an inch or larger between the outside liner waterway and the host pipe at the cut service connection will be sealed at the contractor’s expense using the following service connection sealing methods:
Method 1: Shore and excavate to expose the connection, use approved sealant to caulk the circumference of rehabilitation pipe to host pipe joint, seal the service connection to the host pipe with acid-resistant epoxy/resin mortar and backfill. The epoxy/resin mate rial shall have proof of having passed the same chemical resistance test as the pipe liner materials.
Method 2: Robotic-access repair. Isolate the service connection to prevent unintended migration of grout. Pressure injects grout to seal the connection, annulus, broken joints, cracks, and etcetera. A resin or Grout mix: Portland cement, fly ash, water reducer a nd plasticizers to yield 2,000-psi compressive strength at 28 days. Pressure injects grout until 0.25 cu. ft. is injected for pipe 12 inches or less and a gage measured at the service connection is maintained for five minutes without grout take. If the grout isolation system fails or is ineffective, use Method 1 to seal all remaining connections. Remove errant grout that restricts full, laminar flow from the service connection or pipe liner.
If the end of the liner pipe in the maintenance hole shrinks back inside the pipe during the warranty period the pipeline shall be re-televised by the Contractor. Any service laterals connections that have slipped or are offset shall be repaired by ether method 1 or 2 specified above as approved by the Engineer. No extra compensation shall be paid for this.
1. Sanitation Facilities
A clean portable unisex sanitation facility with a light shall be provided at each of the CCTV, cleaning, lining, and lateral cutting job sites for use by the Contractors crews, City Inspector, and Engineer.
2. Bypass pumping
Bypass pumps sized to adequately handle the flow and hoses shall be set up for every run.
The bypass shall be set up and run prior to the pre -lining CCTV inspection and continued throughout the entire lining process, lateral cutting, and not shut down unt il after the post - lining CCTV inspection is completed.
A spare pump of equal size and power to the one required to adequately handle the flow and extra fuel to operate eight hours shall be onsite as a backup for every bypass to prevent a sewer spill.
3. Air testing of the installed Liner.
After the liner is installed and before the laterals are cut the installed liner pipe shall be air pressure tested per GREENBOOK Section 306-7.8. The air pressure shall be stabilized at 5-psi gauge pressure. The pressure shall be held for a time specified in Table 306-7.8.2.4 to
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the pipeline length with 0 feet house connections. The pressure shall not drop to less than 4-psi gauge pressure after testing to the time specified.
If the time lapse is less than shown in the table, the Contractor shall make the necessary corrections to the liner pipe to reduce the leakage to acceptable limits and retest.
Add Section 500-13 to the Standard Specifications:
500-13 HANDLING
The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated felt tube liner shall be vacuum impregnated prior to installation. The Contractor shall allow the Engineer to inspect all materials and proce dures. The Contractor shall pay all inspection costs required for this wet out process and shall include this cost in the bid price.
SECTION 502 MANHOLE AND STRUCTURE REHABILITATION
Manhole lining material shall be of the type and kind approved by the Orange County Sanitation District (OCSD) and shall comply with Section 500 of the Standard Specifications for Public Works Construction “GRE ENBOOK” and its Supplements, 2021 or latest edition, and need to be approved by the City Engineer, and these Special Provisions.
Epoxy Lining System in compliance with Section 500-5.4 shall be used
Resurfacing of all uneven surfaces to a smooth finish shall be completed in ac cordance with Subsection 502 -4 Repair Resurfacing and Active Infiltration, prior to application of the lining system.
502-2 SUBMITTALS
Submittals Required With The Bid:
1. Working Knowledge of the Scope of the Project, Submittal: Name of person that inspected the job site and the condition of the maintenance manholes to have lining repairs.
2. Manufacturers Material Certification, Submittal:
a. Copy of third party GREENBOOK chemical resistance test results (Pickle Jar Test) 210-2.3.3 for each of the lining materials proposed.
b. Copy from the liner material manufacturer’s certifying that the formulation of the liner has not changed since the lining material was tested per the current version of the (Pickle Jar Test) 210-2.3.3.
3. Product Trade Name, Submittal: Submit the trade name of the process, or process proposed to complete this project.
4. Product Manufacturer, Submittal : Copy of the manufacturer’s literature,
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material data sheets, and installation procedures.
5. Protective Lining Material Suppliers 5 Year Warranty, Submittal: A copy of the protective lining material manufacturers written 5 year protective lining material warrantee complying with the Warranty Section of these Special Provisions.
6. Protective Lining Contractors 5 Year Workmanship Warranty, Submittal:
A copy of the Contractors written 5 year protective lining installation workmanship warranty complying with the Warranty Section of these Special Provisions.
7. Reference Submittal: County Sanitation District approval letter, Reference List and approval letters of other “major” agencies who have used and approved the product.
8. Workers’ Compensation Experience: Submit your Workers’ Compensation Rating Form from the WCIRB California.
502-3 CLEANING, SURFACE PREPARATION AND INSPECTION
Surface preparation shall be provided for the interior of every manhole where lining repair is needed, including shaft.
Repairs with rapid setting repair mortars compatible with liner shall be provided for the interior of every manhole including shaft, prior to the manhole being lined. Contractor shall apply epoxy coating 16” below the top of the sewer manhole.
1. Repair method for interface of Epoxy & Epoxy or Epoxy & Polyurethane:
Contractor shall provide 4” overlap at repair interface. The overlap is included in the 16” epoxy coating.
2. Channel and Shelf/Bench Rebuilding
Concrete channel and shelf areas shall be brought back to their original dimensions using cement mortar. Shelves or benches shall be finished with a hand trowel to provide a smooth and uniform width channel.
3. Channel and Shelf Spray Applied Coating
After the manhole wall lining is completed the shelves shall be coated with epoxy lining system, per applicable section 502-5.4, from the bottom six inches of the manhole wall lining to the top of the channel. The minimum thickness shall be 125 mils. All exposed concrete above the low flow line shall be covered. The coating thickness shall be verified during installation by use of a wet mill gauge.
4. Water Tightness before Lining
After surface preparation and prior to concrete repair, the Contractor shall stop all active leaks in
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the existing structure. The method of stopping these leaks shall be by injection of chemical grout as approved by the Engineer. Chemical grout shall be 3M 5610 or equal. All grouting will be performed in accordance with NASSCO Specifications, (Refer to 10 th edition, 2000 NASSCO Specification on manhole sealing, page 216, Section 3). Grouting if required by the Engineer shall be paid for on a time and material basis.
5. Finished Diameter of the Maintenance Hole
The finished inside diameter of the manhole shall be not less than 1 inch of the original inside diameter of the Maintenance Hole to preserve the maximum working area for maintenan ce equipment and worker safety.
6. Final Inspection Spark Testing
The finished Protective liners will be 100% spark tested for pinholes with a s park tester set at minimum of 15,000 volts. All areas in question shall be marked and patched. These patched areas shall be retested with the spark tester set at 15,000 volts.
Add Sections 503 to the Standard Specifications:
SECTION 503 COMPOSITE UTILITY ACCESS FRAMES AND COVERS
Composite utility access cover and frames shall be manufactured in the United States of America.
Composite utility access covers and frames shall consist of a fiber reinforced polymer (FRP) matrix consisting of between 45% to 70% fiber reinforcement by we ights. Fiber reinforcement shall consist of fiberglass, carbon, aramid, basalt and/or hybrid chemical composition. The finished product will inherently feature strength to weight ratio of 750:1. All products shall be audited by an Independent Third Party.
Composite utility access covers and frames must be of a weight that is safe for one individual to handle. Covers and frames must also contain a surface feature that facilitates easy removal and product handling. Covers should also contain a locking feature or mechanism that retains the cover to the frame. Composite utility access covers and frames will be tested to ASTM Standard C1028 – finished products will feature a skid slip ratio of 0.6 in both wet and dry applications.
Product shall meet AASHTO M306-05 H-20 & H-25 EN 124 D400 load rating.
Frames and covers shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface. Manhole lining repairs and spark testing shall be done for the existing lined manholes where specified in the bid items. Contractor shall dispose of the removed access frames and covers and debris from removal.
Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.
Construct 12” Portland cement concrete collar (560-C-3250 concrete) around manhole cover and frame. Circular collar in paved areas, manhole shall be raised to grade and concrete collar poured after final surface course is placed. See City of Buena Park Standard STD-505 and STD-510 for additional information.
PRODUCTS:
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1. GMI Composite Cover, 2600 Series Frame and Cover, with TwistLIFT Lock manufactured by Titus Industrial Group, Inc.
2. Or approved equal. Any substitutes shall be approved by the Engineer.
Add Section 504 to the Standard Specifications:
SECTION 504 SEWER MANHOLE FRAME AND COVER
Replacement of sewer manhole covers shall comply with City of Buena Park Standards STD-505 and STD-510.
Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After the frame has been removed from the top of each structure, it shall be cleaned to provide a suitable foundation for the new liner material. The existing frames and covers shall remain the property of the City of Buena Park.
Frames shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface.
Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.
Construct 12” Portland cement concrete collar (560-C-3250 concrete) around manhole cover and frame. Circular collar in paved areas, manhole shall be raised to grade and concrete collar poured after final surface course is placed. See City of Buena Park Standard STD-505 and STD-510 for additional information.
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PART 6:
TEMPORARY TRAFFIC CONTROL
Unless otherwise noted, the provisions below shall supplement those provisions in Part 6 of the Standard Specifications.
SECTION 600 ACCESS
600-1 GENERAL
All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.
The Contractor shall be responsible for the protection of all modes of transportation until the Work called for in the Contract Documents and as directed by the Engineer is complete.
Access to properties shall be maintained at all times during construction. Temporary drive approach ramps constructed of recycled materials or temporary asphalt (12" minimum width) shall be installed as approved by the Engineer.
SECTION 601 TEMPORARY TRAFFIC CONTROL FOR
CONSTRUCTION AND MAINTENANCE WORK ZONES
601-2 TEMPORARY TRAFFIC CONTROL PLAN (IF APPLICABLE)
All Work shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (“TCP”) for all phases of construction for review and shall conform to the Standard Specifications, General Provisions, Special Provisions, the latest edition of the California Edition of the Man ual on Uniform Traffic Control Devices (“MUTCD”), the latest edition of Caltrans Standard Specifications and the latest edition of Caltrans Standard Plans and must be approved by the Engineer before construction. The TCP shall be prepared under the superv ision of and signed and stamped by a California -registered Professional Civil Engineer or a Traffic Engineer, as determined by the Engineer.
The TCP shall be drawn to a 1 -inch = 40 feet scale on either 11 x 17 inches or 24 x 36 inches plan sheets as dictated by the length of the Work. The TCP shall cover signing, flagging, detour, geometric, delineation and channelization, barriers and barricades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s). The Contractor shall not commence work before receiving an approved TCP. Any delay in acquiring TCP approval will be at the Contractor’s expense and no additional Working Days will be granted.
For construction in the vicinity of a school, the Contractor shall contact the School District, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the appropriate school district(s) on routes serving the school for student arrivals and departures are not impacted
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between one (1) hour before and one-half (1/2) hour after the school day start time and one (1) hour before or one-half 1/2) hour after school day end time.
Add Subsection 601-2.3 to the Standard Specifications:
601-2.3 Work Area Traffic Control:
Lane closures shall conform to the requirements of the Work Area Traffic Control Handbook (WATCH Manual) and the traffic control plans for the project. At the close of each working day access to private property and cross streets shall be provided. All signs shall conform to and be placed in accordance with current City, State Standards and approved traffic control plans and as directed by the Engineer. Delineators shall be single column 42” plastic type with reflective sleeves. Barricades shall have flashers.
Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
When entering or leaving streets, the Contractor's equipment, whether empty or loaded, shall in all cases yield to traffic.
Flagmen and guards, while on duty and assigned to give warning to the public that an area is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment by the Contractor in accordance with the current "Instructions to Flagmen," containe d in the State of California, Department of Transportation, Traffic Manual. The equipment shall be furnished and kept clean and in good repair by the Contractor at th e Contractor’s own expense. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in the current "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways." Contractor shall provide solar-powered battery, sequential arrow boards for all lane closures per the traffic control plan of this contract.
The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the motoring public within the limits of the construction area. If any traffic control facilities are damaged, displaced or are not in an upright position from a cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the street, all in accordance with the provisions of the Vehicle Code and the current State of California Manual on Uniform Traffic Control Devices (MUTCD) . Covering of signs and signal heads shall be accomplished by using burlap sacks only; no taping will be allowed. The base material of construction area signs shall not be plywood.
Portable delineators shall be spaced as necessary for proper delineation of the travel way. The length of taper for each lane width of closure shall be per the California Work Area Traffic Control Handbook (WATCH) manual.
Upon completing each phase, the Contractor shall immediately remove all temporary devices associated with the traffic control from the job site while restoring all pre-existing devices to their original condition.
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The Engineer shall have the authority to order field changes for alleviating potentially hazardous and/or traffic congestion-causing conditions, at no cost to the City.
PART 7:
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
Unless otherwise noted, the provisions below shall supplement those provisions in Part 7 of the Standard Specifications.
SECTION 701 CONSTRUCTION
701-4 DAMAGE TO EXISTING SYSTEMS
The Contractor is to take special note of existing traffic signal detectors, conduits, pull boxes and other electrical facilities that are located in the proposed construction areas.
The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage or interfere with such facilities. The Contractor will be held respo nsible for any damage to the facilities and claims related to damage caused by his operations. Said costs and/or claims will be deducted from any moneys due to or to become due to the Contractor.
The cost of any temporary systems, which becomes necessary due to damage of existing facilities or the convenience of the Contractor, shall be at the Contractor's expense and no compensation will be allowed therefore.
Add Subsection 701-17.6.7 to the Standard Specifications:
701-17.6.7 DETECTORS
All limit line detector loops shall be able to detect the Reference Bicycle Rider (RBR) per the requirements of Revision 3 to the 2014 (or Latest Edition) California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 4D.105(CA).
Limit line detector loops shall be Caltrans Type D per Caltrans 2018 (or Latest Edition) Standard Plan ES -5B. All other detector loops shall be Caltrans Type E per Caltrans 2015 (or Latest Edition) Standard Plan ES -5B. Installation of all detector loops shall be per Caltrans 2015 (or Latest Edition) Standard Plan ES-5A and ES-5B.
Prior to project acceptance, all loops shall be megger-tested from the controller cabinet to verify continuity of all splices as well as inductance of loops. Continuity tests and reading shall be documented and witnessed by the City Traffic Engineer or the ir representative. Bicycle loops shall be tested to detect the RBR with 95% accuracy within a 6 foot by 6 foot limit line detection
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zone. This RBR testing shall require the Contractor to provide a bicycle and rider matching the definition of the RBR. Full compensation for testing costs shall be considered as included in the contract bid prices for various items of work, and no additional compensation will be allowed.
For reference, Revision 3 to the 2014 (or Latest Edition) CA MUTCD defines the Reference Bicycle Rider as: “a minimum 4 feet tall person, weighing minimum 90 lb, riding on an unmodified minimum 16 inch wheel bicycle with a non -ferromagnetic frame, non -ferromagnetic fork and cranks, aluminum rims, stainless steel spokes, and headlight.”
PART 8:
LANDSCAPING AND IRRIGATION
Unless otherwise noted, the provisions below shall supplement those provisions in Part 8 of the Standard Specifications.
SECTION 800 MATERIALS
Add Section 800-1.6 to the Standard Specifications:
800-1.6 Root Barrier
Where tree roots have been cut to repair curb and gutter, root barrier systems shall be installed where indicated on the plans at the discretion of the Engineer in accordance with the Orange County Public Works Standard Plan 1708.
These root barrier systems shall be constructed/ installed per manufacturer’s brochures/plans as approved in place by the Engineer or his designee prior to covering each site and replacing soil, landscaping irrigation, grass, etc.
EXHIBITS
BUENA PARKPOLICE DEPARTMENT
BUENA PARKCITY HALL
SEE EXHIBIT BFOR UPGRADES
PINCHOT CT
BEACH BLVD
10TH ST
0SCALE:30'60'1" = 60'N APROJECT LOCATIONJDM11/2025
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
DRAWN BY:DATE:
E:\Projects\Building\Active\PD Ballistic Lobby Upgrade\CAD\SupportFiles\Exhibit A - Location Map.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.
REMOVE AND INSTALL 5'-0" x 6'-0" BALLISTICVERTICAL BAFFLE TRANSACTION WINDOW ADACOUNTER WITH ONE (1) DEAL TRAY/ VERTICALBAFFLE SYSTEM
POLICE DEPARTMENTMAIN LOBBY
REMOVE AND INSTALL 19-7" x 8'-2" BALLISTICINTERIOR STOREFRONT FULL VISION WIDESTILE DOUBLE DOORS AND SIDE LITES REMOVE AND INSTALL 22'-4" x 4'-8" BALLISTICINTERIOR VERTICAL BAFFLE TRANSACTION LINEWITH FOUR (4) TRANSACTION POINTS/ DEALTRAYS/ AND A 90° RETURN
PROTECT IN PLACEEXISTING COUNTER TOP
REMOVE AND INSTALL 3' x 8' x 2-3/8"BALLISTIC INTERIOR HALF VISIONWOOD CORE DOOR SLABREMOVE AND INSTALL TWO (2)3'-4" x 4'-6" BALLISTIC INTERIORFIXED WINDOWS INSTALL 18" x 18" X 18" BALLISTICSTEEL PACKAGE PASSENGER
POLICE DEPARTMENT BALLISTIC LOBBY SECURITY UPGRADES
DRAWN BY:DATE:
E:\Projects\Building\Active\PD Ballistic Lobby Upgrade\CAD\SupportFiles\Exhibit B - Layout.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.0SCALE:4'8'1/8" = 1'-0''N BLAYOUT PLANJDM11/2025 NOTES TO CONTRACTOR:1.ALL WORK SHALL BE EXECUTED WITH PRECISION AND IN FULL ACCORDANCE WITH THEMANUFACTURER'S INSTALLATION GUIDE, UL 752 STANDARDS, AND ALL APPLICABLE BUILDINGCODES.2.CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING ALL INTERIOR DIMENSIONS PRIOR TOMATERIAL PROCUREMENT.3.CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING FACILITIES DURING CONSTRUCTIONACTIVITIES UNLESS OTHERWISE NOTED ON PLANS.4.ALL RETROFITS SHALL BE BALLISTIC RATED UL 752 LEVEL 8 WITH 2-1/2" THICK TSS 008 GCPLOW SPALL (GLASS-CLAD POLYCARBONATE).5.ALL DEAL TRAYS SHALL BE STAINLESS STEEL COUNTER MOUNTED WITH LEVEL 3 BULLET TRAPMEASURING TO 16" x 10" x 2".
BALLISTIC FIBERGLASS PANELS WITH VENEER FINISH SCHEDULE:·NORTH WALL: (1) 1'-10" x 10'-6"·NORTH WALL: (1) 4'-5" x 10'-6"·NORTH WALL: (2) 4'-8" x 10'-6"·NORTH WALL: (1) 9" x 10'-6"·KICK SPACE ADA COUNTER: (1) 5'-0" x 2'-5"·KICK SPACE TELLER LINE: (1) 19'-9" x 2'-10"·KICK SPACE TELLER LINE: (1) 3'-8" x 2'-10"·KICK SPACE BEHIND TELLER LINE: (4) 5'-0" x 1'-0"·KICK SPACE BEHIND TELLER LINE: (1) 2'-6" X 1'-0"·SOUTH WALL BEHIND: (1) 1'-0" x 5'-7"·SOUTH WALL: (1) 10'-0" x 3'-4"·SOUTH WALL: (1) 2'-4" x 7'-2"·SOUTH WALL: (1) 9" x 7'-2"·SOUTH WALL: (1) 6'-11" x 2'-8"·SOUTH WALL: (1) 2'-3" x 10'-6"·SOUTH WALL: (1) 3" x 10'-6"·SOUTH WALL: (1) 3'-0" x 2'-6"·SOUTH WALL: (1) 10'-0" x 10'-6"·SECOND FLOOR OFFICE: (1) 26'-0" x 3'-0"TOTAL APPROXIMATE AREA: 605 SQ*ALL QUANTITIES SHALL BE VERIFIED BY THE CONTRACTOR, AS THE VALUES PROVIDED AREAPPROXIMATE ESTIMATES ONLY.
January 13, 2026
NEW BUSINESS
Item No. 5B.
City Council Agenda Report
PROFESSIONAL SERVICES AGREEMENT WITH ARTS ORANGE COUNTY FOR DESIGN SERVICES FORTHE ARTS AND CULTURE MASTER PLAN PROJECT
PREPARED BY PRESENTED BY
Mark Sauceda, Community Services Supervisor Mark Sauceda, Community Services Supervisor
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jim Box, Director of Community Services Aaron France, City Manager
RECOMMENDED ACTION
1) Approve a Professional Services Agreement with Arts Orange County in the amount of $75,000 for designservices for the Arts and Culture Master Plan Project; 2) Authorize the City Manager and City Attorney to make anynecessary, non-monetary changes to the agreement; 3) Authorize the City Manager and City Clerk to execute theagreement; and, 4) Approve a budget appropriation in the amount of $75,000 from the undesignated General Fundbalance for this purpose
PREVIOUS CITY COUNCIL ACTION
On April 8, 2025, at the request of Mayor Traut and Vice Mayor Hoque, the City Council initiated discussionregarding the development of an Arts and Culture Master Plan. Following this discussion, the City Councilrequested individual meetings with staff to provide feedback on the proposed elements of the Master Plan and to gain a clear understanding of the associated costs.
The Cultural Engagement Commission reviewed this item at their regular meeting on May 21, 2025, and providedrecommendations to the City Council regarding elements to be included in the Request For Proposals (RFP).
On July 8, 2025, the City Council discussed the master plan again and directed staff to issue an RFP for thedevelopment of an Arts and Culture Master Plan with a budget of $75,000.
DISCUSSION
The proposed agreement is to provide professional design services for the Arts and Culture Master Plan project.
The Master Plan will establish a strategic framework for the development, enhancement, and integration of the arts and culture throughout the community. The scope of work consists of taking inventory of the current public art, facilities, cultural assets, and programs, both public and private; identifying future arts and culture needs; developing an art in pubic places policy and procedure; and, other work associated with preparing a comprehensive Arts and Culture Master Plan.
On August 13, 2025, staff issued a Request for Proposals (RFP) to retain a consultant to provide professional design services for the Arts and Culture Master Plan. Eight (8) proposals were received by the deadline of September 22, 2025, and were thoroughly evaluated by a review committee. To further assess qualifications and approach, staff conducted interviews with each firm on November 3, 2025.
Following the evaluation and interview process, the committee determined that Arts Orange County is the most qualified firm to suit the City's needs with regard to scope of work, project schedule, and demonstrated experience.
Arts Orange County has extensive experience creating Arts and Culture Master Plans and has recently designed similar plans for the cities of Brea, Costa Mesa, Newport Beach, Placentia, Mission Viejo, and Irvine. The firm demonstrated a strong understanding of the City's objectives, a clear project methodology, and a proven track record of successful implementation. Based on these findings, staff recommends entering into an agreement with Arts Orange County for this project.
BUDGET IMPACT
The total cost of the proposed Professional Services Agreement is $75,000. This expenditure is not included in the Fiscal Year 2025-26 adopted budget. Staff recommends a budget appropriation from the undesignated General Fund balance for this purpose.
Attachments
PSA - Arts Orange County - Draft.pdf
Exhibit A-1.pdf
Exhibit A-2.pdf
PAGE 1 OF 17
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
DATE: January 13, 2026
SERVICES: Professional design services
PROJECT: Arts and Culture Master Plan
PARTIES TO THE AGREEMENT:
“CITY”: City of Buena Park, a California Municipal Corporation
City Representative: Name: Mark Sauceda
Title: Community Services
Supervisor
Tel.: (714)562-3867
Email: [email protected]
“CONSULTANT”: Arts Orange County, a Nonprofit organization
Consultant
Representative:
Name: Patrick Brien
Title: Chief Executive Officer
Tel.: (714)556-5160
Email: [email protected]
SUMMARY OF TERMS:
Start Date: January 14, 2026
End Date: October 31, 2026
Contract Value: $75,000
Services a “Public Work”: NO [X] YES [___] (add “PW Exhibit”)
Community Workforce Agreement: NO [X] YES [___] (add “CWA Exhibit”)
Insurance Approved By Risk Management: NO [___] YES [___]
APPROVED BY: (___) Department Head (___) City Manager (select one) Contract Value ≤ $10,000 Contract Value ≤ $80,000
(X) City Council
Contract Value > $80,000
(“Levine Act Exhibit” Required)
AGREEMENT MUST BE FIRST EXECUTED BY CONSULTANT BEFORE IT MAY BE EXECUTED ON BEHALF OF THE CITY.
PAGE 2 OF 17
CITY OF BUENA PARK
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“ Agreement”) is dated as of January 13, 2026 , between the City of Buena Park, a California charter city (“ CITY”), and Arts Orange County , a non-profit agency ("CONSULTANT"). CITY and CONSULTANT a re at times referred to herein jointly as “Parties” and individually as a “Party.”
1. TERM. The term of this Agreement shall commence on January 13, 2026 and shall remain in full force and effect until October 31, 2026 unless extended upon the mutual written agreement of the Parties or earlier terminated pursuant to Section 16.2 of this Agreement (“Term”).
2. SERVICES. Subject to the terms and conditions in this Agreement, CONSULTANT shall provide to CITY those services that are specifically described in Exhibit “A” (the “Services”). CITY may request changes or expansion of the Services (each a “Modification”) and in such cases the Modification to the Services, and any resulting increase or decrease in the Compensation to be paid CONSULTANT and/or any changes to the Schedule of Performance (defined below), shall be documented in a written amendment to this Agreement. Increases or decreases in Compensation resulting from any Modification to the Services shall be based on the rate specified in the Compensation Schedule (defined below), or if not specified in the Compensation Schedule at then-applicable prevailing market rate charged by CONSULTANT to other customers for the same service.
3. SCHEDULE OF PERFORMANCE. CONSULTANT shall commence providing the Services upon receipt of a written “Notice to Proceed” from the City Representative and CONSULTANT shall proceed only to the extent of such authorization. CONSULTANT shall perform all Services in the time required by the schedule of performance described in Exhibit “A” (“Schedule of Performance”), or if not specified in the Schedule of Performance in a timely and diligent manner reasonably acceptable to CITY.
4. COMPENSATION. The total compensation paid to CONSULTANT for complete performance of the Services, including any authorized reimbursable expenses, shall NOT EXCEED the total maximum sum of $75,000 (“Compensation”). CONSULTANT shall be paid for performing the Services at the hourly rate specified in Exhibit “A"-1 to this Agreement (“Compensation Schedule”). The Compensation specified in this section shall be the sole and exclusive consideration paid to CONSULTANT for full and complete performance of the Services and may only be increased by formal amendment to this Agreement.
5. PAYMENT.
5.1 Invoices. Each calendar month after CITY’s issuance of the Notice to Proceed, CONSULTANT shall submit an invoice to CITY for the Services performed and any authorized reimbursable expenses incurred in the immediately preceding calendar month. (Ex: invoices for Services rendered in January should be submitted in February ). The invoices shall describe in detail the Services rendered during each invoice period such as the days worked, personnel involved, number of hours worked, rates charged, milestones achieved, work product generated, or reimbursable expenses incurred, as applicable. CONSULTANT shall remit the invoices to the address and in the manner specified by CITY.
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5.2 Payment. CITY shall review all invoices and notify CONSULTANT in writing of any disputed charges or amounts. CITY shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt . CITY shall not withhold federal or state payroll or other taxes, or make deductions, from payments made to CONSULTANT.
6. STANDARD OF SKILL. CONSULTANT shall perform all Services in the manner and according to the standards currently observed by a competent practitioner of CONSULTANT’s profession in California , and shall at all times, meet or exceed any applicable professional standards of care, workmanship, or conduct . All products of whatsoever nature that CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONSULTANT’s profession . The acceptance of the Services by CITY shall not operate as a release of CONSULTANT from such standards of care, workmanship, or conduct.
7. INDEPENDENT CONTRACTOR. CONSULTANT is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees or agents, except as herein set forth. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent.
7.1 CONSULTANT shall not have the status of an employee of CITY under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for CITY's officers or employees.
7.2 In the event that CONSULTANT, or any of its employee s, agent s, or subcontractors providing Services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
7.3 CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the Services under this Agreement. All of the Services shall be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified to perform it. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of the Services under this Agreement, but CITY reserves the right, for good cause, to require CONSULTANT to exclude any employee from performing Services on CITY's premises.
8. ADMINISTRATION.
8.1 City’s Representative. The City R epresentative identified on the cover page of this Agreement shall have authority to administer this Agreement and oversee CONSULTANT’s performance of the Services, provided that an individual’s authority to amend this Agreement shall be governed by applicable provisions of the Buena Park Municipal Code. All activities performed by CONSULTANT shall be coordinated through the City Representative. CITY may change the identity of the City Representative upon written notice to CONSULTANT.
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8.2 Consultant’s Representative . Consultant’s Representative identified on the cover page of this Agreement has the authority to administer this Agreement on behalf of CONSULTANT and to act, bind, and approve all matters relating to this Agreement on behalf of CONSULTANT. Consultant’s Representative shall not be replaced without the advance consent of CITY, which consent shall not be unreasonably withheld.
9. SAFETY REQUIREMENTS. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. CITY may issue restraint or cease and desist orders to CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the Services.
CONSULTANT shall maintain the work sites free of hazards to persons and property resulting from its operations. CONSULTANT shall immediately report to CITY any hazardous condition noted by CONSULTANT.
10. INDEMNIFICATION AND HOLD HARMLESS.
10.1 Purpose of Section. CONSULTANT agrees that CITY, and its elected officials, officers, employees, and agents (cumulatively “ City Indemnitees ”) shall, to the fullest extent permitted by California law, be fully protected from any loss, injury, damage, claim, liability, taxes, fees, lawsuit, cost, expense, attorneys ’ fees, litigation costs, defense costs, court costs or any other cost or damages of any kind arising out of or in any way related to CONSULTANT’s provision of the Services or performance of this Agreement. This Section is intended by the Parties to provide the fullest protection possible under California law to CITY and the City Indemnitees. CONSULTANT acknow ledges that CITY would not have entered into this Agreement without the covenants and commitments of CONSULTANT in this Section 10.
10.2 Indemnification for Design Services (if applicable). Consistent with California Civil Code Section 2782.8, if and to the extent the Services are design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, or agents in said performance of the Services, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of CITY.
10.3 Indemnification for Services. Other than in the performance of design professional services by a design professional, as covered by Section 10.2 above, to the fullest extent permitted by law CONSULTANT shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of CONSULTANT, or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including CONSULTANT’s active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of CITY, as determined by final arbitration or court decision or by the agreement of the Parties.
CONSULTANT shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of CITY’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actuall y incurred in connection with such defense.
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CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by City Indemnitees in connection therewith.
10.4 Taxes, Assessments, Workers Compensation . CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with applicable workers’ comp ensation laws regarding CONSULTANT and its CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers’ compensation laws.
10.5 Obligations Not Limited by Insurance. The obligations and covenants of CONSULTANT in this Section 10 are independent and separate from any requirement or covenant to carry insurance. The obligations of CONSULTANT under this Section 10 shall not be limited by the limits of any policies of insurance by this Agreement or otherwise maintained by CONSULTANT, nor shall CONSULTANT’s obligations by limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives any statu tory immunity under such statutes or laws as to the CITY or City Indemnitees.
10.6 Survival; Enforcement. CONSULTANT’s obligations and covenants under this Section shall survive the expiration or termination of this Agreement and shall continue in full force and effect for a time at least equal to the statute of limitations that is applicable to the underlying Claim, demand, cost or liability. CITY may offset against the amount of any compensation due CONSULTANT any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to promptly pay CITY any obligation for reimbursement or indemnification arising under this Section 10.
11. INSURANCE. At all times during the term of this Agreement CONSULTANT shall maintain insurance coverage in the forms, types, and amounts that are set forth in this Section 11, and upon CITY’s request CONSULTANT shall provide evidence of such coverage to the satisfaction of CITY’s Director of Risk Management, which may include a visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance.
11.1 Minimum Scope of Insurance. CONSULTANT shall maintain policies with coverage at least as broad as:
.1 Commercial General Liability insurance using the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability.
.2 The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non -owned automobiles or other licensed vehicles (Code 1-Any Auto).
.3 Workers' Compensation insurance as required by the California Labor Code and Employer's Liability Insurance.
.4 Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. If such insurance policy is written on a claims -made form, the
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retroactive date must be shown and must be before the effective date of the Agreement or the commencement of Services by Consultant.
11.2 Minimum Limits of Insurance. CONSULTANT shall maintain insurance coverage limits not less than:
.1 Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services / location or the general aggregate limit shall be $4,000,000 and contain specific language creating a duty to defend against any suit seeking damages.
.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
.3 Employer's Liability: $1,000,000 per accident for bodily injury or disease.
.4 Professional liability: $2,000,000 per claim, with an extended reporting period of not less than two years.
11.3 Umbrella or Excess Insurance. In the event CONSULTANT purchases an umbrella or excess insurance policy(ies) to meet the “Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies) required by this Section 11.
11.4 Deductibles and Self-insured Retentions: CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self -insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured ret entions as respects CITY and City Indemnitees; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses . At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
11.5 Required Endorsements. Each insurance policy shall be endorsed as follows:
.1 Except with respect to Employer’s Liability or Professional Liability/E&O policies required by this Section 11, CITY and City Indemnitees shall be named as additional insureds (collectively “ Additional Insureds”). Additional Insured endorsements shall not: (a) be limited to “Ongoing Operations”; (b) exclude “Contractual Operations”; (c) restrict coverage to the “Sole” liability of CONSULTANT; or (d) contain any other exclusion contrary to this Agreement.
.2 For any claims related to this Agreement or the Services performed under this Agreement, CONSULTANT's insurance coverage shall be primary to any other similar insurance carried by Additional Insureds . Any insurance or self -insurance maintained by Additional Insureds shall be in excess of CONSULTANT's insurance and shall not be called upon to contribute with it.
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.3 All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) calendar days' prior written notice from insurer to CITY.
The notice shall be provided via certified mail, return receipt requested. CONSULTANT shall require its insurer to modify the applicable policy and all certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
.4 Each policy shall be endorsed to state that the insurer waives the right of subrogation against CITY and City Indemnitees.
11.6 Duration of Insurance. The requirements of this Section 11 shall survive expiration or termination of the Agreement. Insurance must be maintained, and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3 -year discovery period.
11.7 Acceptability of Insurers. All insurance coverage required by this Agreement shall be written by insurers admitted to conduct business in the State of California by the Department of Insurance and rated “A:VIII” in the most recent A.M. Best's Insurance Rating Guide.
11.8 Verification of Coverage. CONSULTANT shall furnish CITY with evidence of the insurance required by this Agreement to the satisfactory to CITY. Such evidence shall consist of original certificates of insurance and amendatory endorsements, including an additional insured endorsement. The endorsements shall be on forms provided by CITY or on such other forms approved by CITY and conforming to CITY's requirements. CONSULTANT shall file all certificates of insurance and fully executed endorsements with CITY before commencing performance of the Services. Where and at the times applicable, CONSULTANT shall also provide proof that the policies of insurance required under this Agreement and expiring during the term of this Agreement have been renewed or replace d with other policies providing at least the same coverage. CONSULTANT shall furnish such proof to CITY prior to the expiration of the original policies. CITY may require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONSULTANT shall provide complete copies of policies to CITY upon request.
11.9 Other Insurance Provisions.
.1 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to CITY or its operations limits the application of the insurance coverage.
.2 Requirements of specific coverage features or limits contained in this Section 11 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
.3 All insurance coverage shall cover CONSULTANT’s operations pursuant to the terms of this Agreement.
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.4 Any actual or alleged failure on the part of CITY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of CITY or any additional insured, in this or any other regard.
.5 In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right, but not the duty, to obtain the insurance it deems necessary, and CONSULTANT shall promptly reimburse to CITY any premium paid by CITY.
.6 CONSULTANT shall provide immediate notice to CITY of any claim or loss against CONSULTANT that includes CITY or any of the Additional Insureds as a defendant. CITY assumes no obligation or liability from the notice. CITY shall have the right, but not the duty, to monitor the handling of the claim or claims if they are likely to involve CITY.
11.10 Subcontractors. CONSULTANT shall include all subcontractors, or any other party involved in the performance of the Services, as insureds under its policies or shall require subcontractors or any other party involved in the Services by CONSULTANT to carry the same insurance as required in this Section 11. CONSULTANT shall obtain certificates evidencing the coverage and make reasonable efforts to ensure that the coverage is provided as required in this Section. CONSULTANT shall require that no contrac t used by any subcontractor, or contract CONSULTANT enters into on behalf of CITY, shall reserve the right to charge back to CITY the cost of insurance required by this Agreement. CONSULTANT shall, upon request, submit to CITY for review, all agreements with subcontractors or others with whom CONSULTANT contracts with on behalf of CITY, and all certificates of insurance obtained in compliance with Section 11.8.
CITY’s failure to request copies of the documents shall not impose any liability on CITY, or its employees, or be deemed a waiver of any of CITY’s rights.
12. WORK PRODUCT.
12.1 Deliverables. CONSULTANT shall, in such time and in such form as CITY may require, furnish reports concerning the status of Services required under this Agreement.
CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver or return to CITY all material furnished to CONSULTANT by CITY.
12.2 Ownership.
.1 All draft and final reports, documents and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files or other media whatsoever, created or developed by CONSULTANT in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of CITY. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY upon final payment being made. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any of the Work Product.
.2 CONSULTANT hereby assigns to CITY all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights that are not otherwise vested in CITY pursuant to subsection .1 above.
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.3 CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, CITY shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. CONSULTANT shall defend, indemnify and hold CITY and the City Indemnitees harmless from any loss, claim or liability in any way related to a claim that CITY’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement.
In the event any the use of any of the Work Product or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. CONSULTANT’s covenants under this Section 12.2 shall survive the expiration or termination of this Agreement.
13. CONFIDENTIALITY. During performance of this Agreement, CONSULTANT may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer li sts, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of CITY. CONSULTANT agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONSULTANT shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of CITY. In addition, CONSULTANT shall comply with all CITY policies governing the use of CITY network and technology systems. A violation by CONSULTANT of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
14. RECORDS. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Services, as required by CITY or the City Representative. CONSULTANT shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, CONSULTANT shall provide access to such books and records to the City Representative, or his or her designees, and shall give the City Representative, or his or her designees, the right to examine and audit such books and records and to make transcripts as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement.
15. ASSIGNMENT AND SUBCONTRACTING. This Agreement is personal to CONSULTANT and CITY has entered this Agreement in reliance on CONSULTANT’s skill, competence and experience. CONSULTANT shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent, by and through the City Representative. CITY’s consent to an assignment of rights under this Agreement shall not release CONSULTANT from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by CONSULTANT in violation of this Section shall be void and of no effect and shall entitle CITY to immediately terminate this Agreement for cause. As used in this section, “assignment” and
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“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. CONSULTANT shall not subcontract any performance required under this Agreement without CITY’s prior written consent.
16. SUSPENSION AND TERMINATION.
16.1 Right to Suspend. CITY shall have the right at any time to temporarily suspend CONSULTANT’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONSULTANT. If CITY gives such notice of suspension, CONSULTANT shall immediately suspend its activities under this Agreement as specified in such notice.
16.2 Termination. CITY shall have the right to terminate this Agreement at any time by giving a written notice of termination to CONSULTANT. If CITY gives such notice of termination, CONSULTANT shall immediately cease rendering Services pursuant to this Agreement. If CITY terminates this Agreement:
.1 CONSULTANT shall, not later than five days after such notice of termination, deliver to CITY copies of all Work Product or other information prepared pursuant to this Agreement.
.2 CITY shall pay CONSULTANT the reasonable value of Services rendered by CONSULTANT prior to termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONSULTANT had the Agreement not been terminated or had CONSULTANT completed the Services required by this Agreement. In this regard, CONSULTANT shall furnish to CITY such financial information as in the judgment of CITY is necessary for CITY to determine the reasonable value of the Services render by CONSULTANT. The foregoing is cumulative and does not affect any right or remedy th at CITY may have in law or equity.
17. Conflicts of Interest. CONSULTANT shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal. Gov. Code § 81000 et seq.), the Levine Act (Cal. Gov. Code § 84308), and California Government Code Section 1090.
CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of CITY or that would in any way hinder CONSULTANT’s performance of Services under this Agreement.
CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of CITY. CONSULTANT agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Agreement.
18. NOTICES. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be given in writing to the person at the addresses specified on first page of this Agreement and deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during CONSULTANT’s and CITY’s regular business hours, or (c) three business days after deposit in the United States mail, by first class mail, postage prepaid. Either Party may change the specified person or address at which it is to receive notices by advising the other Party in writing.
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19. MISCELLANEOUS TERMS.
19.1 Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement shall prevail.
19.2 Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance.
19.3 Nuisance; Compliance with Laws. CONSULTANT shall not maintain, commit or permit the maintenance or commission of any nuisance in connection with performing the Services. In the performing the Services CONSULTANT shall abide by and conform with and to any and all applicable laws of the United States and the State of California, and the local laws, regulations, and policies of the City of Buena Park.
19.4 Permits and Licenses. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with performing the Services.
19.5 Governing Law; Venue. The terms of this Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard for its conflicts of laws principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. The venue for resolving any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be a court with jurisdiction that is located in the County of Orange, California.
19.6 Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort, or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable.
19.7 Waiver. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by CITY of any breach, any failure of a condition, or any right or remedy under this Agreement shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
19.8 Efficient Performance. CONSULTANT shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards.
19.9 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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19.10 When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default that may then exist, on the part of CONSULTANT, and the making of any such payment by CITY while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
19.11 Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
19.12 Captions. The titles of the sections, subsections and paragraphs set forth in this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement and the rights or obligations of the Parties to this Agreement.
19.13 Word Usage. Unless the context clearly requires otherwise, (a) the word “shall” is mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
19.14 Integrated Agreement and Modification of Agreement. This Agreement, and all exhibits referred to in this Agreement, constitutes the final, complete and exclusive statement of the terms of the agreement between CITY and CONSULTANT with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous oral or written negotiations, representations or agreements of the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agree ment. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both Parties.
19.15 Authority to Bind Parties. Each of the undersigned hereby represents that he or she has the authority to execute this Agreement on behalf of his or her contracting Party.
In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above by and through their duly authorized representatives.
CITY OF BUENA PARK
a California municipal corporation
Arts Orange County
Signature
Signature
Name: Aaron France Name: Patrick Brien
Title: City Manager Title: President & CEO
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*If CONSULTANT is a corporation, then pursuant
to California Corporations Code Section 313 this
Agreement must be executed by either: (1) the
chairperson of the board; (2) the president; or (3)
the vice president plus any one of the following:
the secretary, any assistant secretary, the chief
financial officer, or any assistant treasurer.
Signature
Name:
Title:
ATTEST:
BY:
Adria M. Jimenez, City Clerk
APPROVED AS TO FORM:
BY:
Christopher Cardinale, City Attorney
PAGE 14 OF 17
EXHIBIT A
1) SERVICES. CONSULTANT shall provide to CITY the following Services
2) SCHEDULE OF PERFORMANCE. CONSULTANT shall perform all Services in compliance with the following Schedule of Performance:
3) COMPENSATION SCHEDULE. CONSULTANT shall be paid for performing the Services at the follow rates and times:
Development of a city-wide arts and culture master plan for the City of Buena Park, to include but not limited to an arts in public places policy, as such master plan and scope of services is more specifically described on pages 12 to 20 of Consultant’s proposal attached hereto as Exhibit A-1.
Consultant shall perform and provide the services consistent with the timelines and schedule set forth in Exhibit A-2.
Consultant shall invoice and be compensated for performance of the services at the hourly rate of $200, provided that the total compensation to be paid for Consultant’s full and complete performance of the Services shall not to exceed the fixed fee of $75,000.00, as further detailed on page 20 of Consultant’s proposal in Exhibit A-1.
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Exhibit A-1
Attach Consultant’s Proposal Dated September 16, 2025, Behind This Page
PAGE 16 OF 17
Exhibit A-2
Attach Schedule of Performance Behind This Page
PAGE 17 OF 17
EXHIBIT B
LEVINE ACT DISCLOSURE STATEMENT
California Government Code section 84308, commonly referred to as the “Levine Act,” precludes an elected or appointed officer of a local government agency from making, participating in, or in any way attempting to influence the awarding of a contract by the agency if the officer receives any political contributions totaling more than $500 in the 12 months preceding the contract award, during the proceeding leading to the contract award, and for 12 months following the final decision on the contract , when the contribution is from any person that has a financing interest in the contract. This prohibition applies to contributions made directly to the officer , received by the officer on behalf of any other officer, or received on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of any such contributions to be made by a party to be awarded a contract by the local agency. The Levine Act does not apply to contracts that are competitively bid, labor, or personal employment contracts.
LEVINE ACT DISCLOSURES:
1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $500 to any member of the Buena Park City Council in the 12 months preceding the date the City issued the request for proposal s leading to the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s) and amount of any such campaign contribution(s):
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $500 to any member of the Buena Park City Council after the date of the issuance of the request for proposals, or in the 12 months after the City Council’s decision on the contract?
YES ___ NO ___
If yes, please identify the Councilmember(s):
NOTE: Answering yes to either of the two (2) questions above does not preclude the City of Buena Park from awarding a contract to your firm. It does, however, preclude the identified officer(s) from making, participating in, or in any way attempting to influence the contract award process.
Failing to provide full and accurate information on this form may be grounds for disqualification and other legal penalties.
_______________________ _____________________________________
DATE SIGNATURE OF AUTHORIZED OFFICIAL
_______________________ _____________________________________
NAME OF COMPANY NAME, TITLE
Activity
January February March April May June July August September October Contract executed X
Work begins X
Steering Committee application period opens X
Steering Committee interviews X
Steering Committee appointed X
Meet with Cultural Engagement Commission Members X
Meet with City Staff X X X X X X X X X
Steering Committee meetings X X X X
Literature review (e.g. General Plan, Park & Rec Plan) X X X Identify key stakeholders for interviews X
Conduct arts & cultural asset inventory X X X
Review & update public art inventory X X
Visit City-owned/operated arts & culture facilities X X Interview City arts & culture staff members X X X
Review current & past City arts programs X X X
Review current & past City arts budgets X X X
Review current City arts facilities policies X X X
Conduct assessment of existing funding sources
Analyze current program fees/opportunities
Analyze current arts cost recovery process
Visit current public art locations X X X
Research and develop Art in Public Places Policies X X X X X X X Conduct key stakeholder interviews X X
Draft survey tool & share for comments X
Conduct online and in-person survey X X
Plan Community Visioning Sessions X
Conduct Community Visioning Sessions X
Conduct Focus Group X
Analyze data X X
Draft findings and recommendations X X
Draft report to Steering Committee, Commission & Staff X Receive Steering Committee, Commission & Staff comments X Presentation to Cultural Engagement Commission X
Report to Staff for City Council Agenda X
Presentation at City Council meeting X
"First Steps Guidance" begins X
2026
Arts Orange County Projected Timeline of Consulting Activities for City of Buena Park Arts and Culture Master Plan January 13, 2026
NEW BUSINESS
Item No. 5C.
City Council Agenda Report
CONSIDERATION OF AN EXTENSION TO AN EXCLUSIVE NEGOTIATING AGREEMENT WITH BOARDWALKENTERPRISES, LLC
PREPARED BY PRESENTED BY
Matt Foulkes, Director of Community and Economic
Development
Matt Foulkes, Director of Community and Economic
Development
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager
RECOMMENDED ACTION
1) Approve and authorize the City Manager to execute a six-month extension to an Exclusive Negotiating Agreement (ENA) with Boardwalk Enterprises, LLC, in a form approved by the City Attorney, to finalize financial feasibility, project construction schedule, and review of developer’s financial capacity for the City-owned property at 7711-7733 Beach Boulevard for an aquarium, butterfly exhibit, and retail development.
PREVIOUS CITY COUNCIL ACTION
The City Council approved an Exclusive Negotiating Agreement with Boardwalk Enterprises, LLC on November 12, 2024, a first extension to the ENA on May 13, 2025, and second extension to the ENA on September 23, 2025.
DISCUSSION
The ENA approved by the City Council in November 2024 had an effective date of January 13, 2025. During the six-month period from January 13, 2025, to July 13, 2025, the developer (Boardwalk Enterprises, LLC) was required to make progress towards completing six milestones culminating in a preliminary design and agreement on the terms and conditions governing disposition and development of the property. At its meeting on May 13, 2025, the City Council approved a 90-day extension to the ENA to give City staff and the development team additional time to finalize the floor plan for the aquarium and come to an agreement on the deal terms for the Purchase and Sale Agreement and Development Agreement.
Although the developer has not yet completed all the milestones identified in the ENA, City staff would support a third extension of the ENA to provide additional time to complete the remaining two milestones: financial feasibility and evidence of developer’s financial capacity. The milestones relating to financial feasibility and project financing are interconnected and contingent upon the project design being sufficiently detailed and complete to allow for reasonably accurate estimates of construction costs, which is the primary factor to determine financial feasibility and financial capacity. The cost of construction and financial feasibility are also critical factors for finalizing terms and conditions of the parties’ agreement for disposition of the property.
Based on the foregoing, staff recommends that the ENA be extended an additional six months. The new ENA expiration date would be July 13, 2026, with the City Manager retaining authority to extend the ENA for up to 30- days past the July 13, 2026, date if necessary for the developer to complete the milestones. If the City Council approves the action, the City Manager would execute a third extension of the ENA in a form prepared and approved by the City Attorney.
BUDGET IMPACT
There is no budget impact with the adoption of the ENA extension.
Attachments
Attachment 1 - ENA Amendment.pdf
AMENDMENT NO. 3 TO EXCLUSIVE NEGOTIATING AGREEMENT
BY AND BETWEEN
THE CITY OF BUENA PARK
AND
BOARDWALK ENTERPRISES, LLC
This AMENDMENT NO. 3 TO E XCLUSIVE NEGOTIATING AGREEMENT (“Amendment”) is entered into as of this 13th day of January , 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“ City”), and BOARDWALK ENTERPRISES, LLC (“Developer”), with reference to the following facts and subject to terms and provisions set forth below . City and Developer may sometimes be referred to herein individually as “Party” and jointly as the “Parties”.
RECITALS
(A) The Parties entered into that certain Exclusive Negotiating Agreement dated as of January 13, 2025 (“ENA”), pursuant to which the Parties agreed to work and negotiate in good faith to determine the feasibility and reaching an agreement concerning the City’s sale or lease to Developer of that certain real property located at 7711-7733 Beach Boulevard, Buena Park, California (the “Property”) , and concerning Developer’s development and operation of the Property in the manner described in Developer’s written development proposal (the “Proposal”).
(B) Being mutually satisfied with the other’s good faith and performance under the ENA, the Parties have previously agreed to extend the term thereof by way of Amendment No. 1 to the ENA dated May 13, 2025, and Amendment No. 2 to the ENA dated September 23, 2025 (the “Amendments”)..
(C) The Parties continue to be satisfied with each other’s good faith perfor mance of the ENA and desire to again extend the term of the ENA to provide additional time for the Parties to complete their respective due diligence, performance obligations, and negotiations.
NOW THEREFORE , based on the foregoing recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
AGREEMENT
I. RECITALS INCORPORATED.
The foregoing recitals are true, correct, and incorporated a substantive part of this Agreement:
II. EXTENSION OF NEGOTIATING PERIOD.
Section III (NEGOTIATING PERIOD) of the ENA is deleted and replaced with the following:
III. NEGOTIATING PERIOD.
City and Developer agree to negotiate the Project for a specified period of time commencing upon the Effective Date of this Agreement and expiring on July 13, 2026 (“Total Negotiating Period” or simply “Negotiating Period”) . In the event Developer does not complete the Negotiation Milestones within the Negotiation Period, then this Page | 2 of 2
Agreement shall automatically expire and be of no further force and effect and with Developer having no further rights regarding the subject matter of this Agreement or the Property, and City being free to negotiate with any other persons or entities concerning the Property. The City Manager may, in the exercise of their sole discretion, extend the Negotiating Period for up to an additional 30 days to provide Developer time to complete the Negotiation Milestones, with any longer extensions or either period requiring the discretionary approval of the City Council. Any such extensions shall require mutual written approval of the Parties.
III. MISCELLANEOUS.
(A) Incorporation. Except as expressly modified by this Amendment with respect to the Negotiating Period, all other terms and conditions of the ENA as modified by the Amendments remain in full force and effect and are incorporated into this Amendment.
(B) Duplicate Originals; Counterparts and Copies. This Amendment may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. The Parties may execute this Amendment in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
The Parties specifically agree that facsimile or electronic signatures on this Amendment shall be legally binding and that each Party is entitled and authorized to rely on the facsimile or electronic signature of the other hereon as if it were an original signature and that a fully-signed copy of this Amendment shall be just as valid and effective as if it was an original.
WHEREFORE, the Parties have executed this Amendment as of the date first written above.
APPROVED AS TO FORM: “CITY”
______________________
Christopher Cardinale CITY OF BUENA PARK
City Attorney
By: _______________________________
Aaron France, City Manager
“DEVELOPER”
BOARDWALK ENTERPRISES, LLC
By: _______________________________
Adi Knishinsky, Managing Partner
January 13, 2026
STUDY SESSION
Item No. 9A.
City Council Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING THE NORTH ORANGE COUNTY CHAMBERPARTNERSHIP PROPOSALS
PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
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
BACKGROUND
North Orange County Chamber: A 133-Year Legacy of Business Excellence and Community Impact The North Orange County Chamber (NOCC) operates as a 501(c)(6) non-profit regional organization that supports businesses through networking, legislative advocacy, and economic development initiatives. It was originally established in 1893 as the Orange County Chamber. In 1920, recognizing the evolving landscape and their deep- rooted connection to Fullerton, the Chamber changed its name to the Fullerton Chamber of Commerce. In 2014, the chamber expanded their focus and changed their name to the North Orange County Chamber, exclusively representing the cities of Buena Park, Fullerton, La Palma, and Stanton. The Chamber is deeply committed to its single mission: Keeping businesses in business.
DISCUSSION
On September 10, 2025, the President of the North Orange County Chamber (NOCC), Mr. Andrew Gregson, proposed that the City Council consider a partnership between the City of Buena Park and the NOCC. In short, the full proposal (Plan “A”) suggested that the City partner with the NOCC in a way that would allow certain eligible, licensed small businesses in Buena Park to become members of the NOCC at no direct cost to those businesses, with their membership in NOCC paid for with approximately $265,000 of City funds.
The thought process behind the proposal is the concept of Buena Park as a "Destination City." According to the NOCC, there are approximately 2,650 licensed small businesses in Buena Park. Small Business is defined as “Licensed small businesses with ten or fewer employees”. Recognizing that Knott’s Berry Farm is a crown jewel, Buena Park offers much more:
Nearly 200 restaurants serve diverse cuisines
Over 18 automotive dealerships, nearly as many as Irvine and Tustin combined A wide range of hospitality, retail, cultural, and service businesses The Chamber’s proposal is to ensure consumers recognize Buena Park as more than a theme park stop, but as a thriving Destination City with a diverse business community.
PROPOSAL PLAN "A" - STRENGTHENING BUSINESS, STRENGTHENING OUR CITY:
Through an MOU and partnership with the NOCC and paid for by the City, as proposed, every licensed small business in Buena Park will automatically gain free membership access to NOCC’s suite of business services, online tools, and resources designed to grow visibility, credibility, and customer engagement. Under this proposal, the City would pay the NOCC to partner in their chamber program which would subsidize 100% Chamber membership benefits to certain eligible and licensed small businesses that operate in the City of Buena Park. This equates to a $100 subsidy for every small business.
Core NOCC Services Include:
Enhanced Online Visibility – Landing pages in the NOCC high-traffic directory (708,000+ annual visits) with search engine optimization (SEO) value
Networking & Referrals – Access to 40,000 professionals, mixers, ribbon cuttings, workshops, and direct referrals
Promotional Support – Newsletter features, social media promotion, podcast opportunities, and sponsorships Advocacy & Representation – Engagement at city, county, state, and federal levels Exclusive Resources – Workshops, training, and growth tools Online Advantage & Digital Reach
The Chamber helps address the primary challenge facing many local businesses: lack of an online presence.
80.4% of US consumers shop online (273M people), representing nearly 18% of all retail sales 62% of consumers will not buy from a business they cannot find online 40% of shoppers make purchases after discovering a product through video Regionally, 75% of small businesses lack a website (≈ 49,777 out of 65,986) Enhanced Chamber-hosted landing pages help businesses gain trust, visibility, and sales they would otherwise lose.
Digital Reach (July 1, 2024 – June 30, 2025):
Total Website Traffic: 708,891 visits
Directory Searches: 198,553
Member Landing Page Views: 167,329
Event Calendar Searches: 109,825
Job Searches: 12,639
Hot Deals Viewed: 8,685
Search Engine Visibility: 612,000 appearances in search results On average, each business profile received 130 monthly views (approx. 1,560 views annually) Proven Return on Investment (ROI) for Businesses
Current e-directory listings: 1,597 businesses & non-profits Average member ROI = $1,894 annually (74% return)
Includes the waived $250 online directory hosting fee, a direct savings for every member According to the NOCC, the City’s investment provides tangible value, not only through advocacy but also by equipping every licensed business with measurable digital tools and exposure.
What does the City receive in return for the $265,000 investment? Accountability & Transparency
Quarterly Key Performance Indicators (KPIs) reports delivered to City Council and staff.
Clear metrics on business participation, advocacy wins, visibility outcomes, and measurable revenue impact.
Shared leadership – City demonstrates its pro-business commitment, Chamber delivers execution.
Transparent, Accountable, Prosperous
With City Council support, the NOCC proposes to extend these membership benefits to all 2,650 licensed small businesses in Buena Park at a cost of $100 per business.
With this public investment in small business:
Every business owner has an opportunity to grow.
Every resident who depends on local jobs can flourish.
Every service funded by the City’s tax base improves.
Every neighborhood strengthened by a vibrant economy is enhanced.
ALTERNATE PROPOSAL PLAN “B” – Targeted Small Business Retention & Sustainability Program After meeting with NOCC staff, City staff requested that the NOCC propose an alternate Plan “B” for City Council consideration. All participating businesses would receive the same core services outlined in the original proposal, Plan “A”, described above. The difference between Plan “A” and Plan “B” is scope, not service level.
Plan "B" maintains the same program structure, services, accountability, and operational readiness as the original proposal, while narrowing participation to neighborhood-serving small businesses that are not already supported through existing City programs focused on the hotel and entertainment corridor.
This option allows the City to support core local businesses, manage cost exposure, and retain flexibility for future expansion.
Target Business Scope
Under Plan B, program participation would be limited to licensed small businesses with ten or fewer employees operating in the following business categories:
Restaurants and food service establishments
Retail storefront businesses
Personal and professional service providers
Hotels, major entertainment venues, and large destination assets would be excluded under this option, recognizing that the City already maintains targeted initiatives supporting those sectors.
Estimated Business Count
Preliminary data identifies approximately 2,650 total businesses Citywide.
This figure includes businesses of all sizes and industries.
The final eligible count under Plan "B" will be significantly lower after applying the following filters:
Small Business defined as ten or fewer employees
Active City of Buena Park business license
Eligible industry classification/business category
Plan “B” Budget Impact
$100 per eligible licensed small business
Total City investment expected to be significantly lower than the full Citywide model (Plan “A”) Preliminary estimate places the program in an $80,000 to $100,000 range, depending on final eligibility requirements
Implementation Readiness
For the NOCC under Plan “B”, no changes are required to staffing levels, systems, or timelines.
The Chamber’s operational framework is already in place Existing staff and agency partners are prepared to execute Outreach can begin immediately upon receipt of the eligible business list Reporting and accountability structures remain unchanged Additional Information:
Based on information found on the NOCC's website, if Buena Park businesses were interested in joining the NOCC on their own, there are several membership tiers available to them based on business size and type, providing flexible options for local businesses to engage directly with the NOCC. These options range in price from $475 for small businesses and in-home startups, to $1,600 for global companies and large non-profit organizations. The NOCC also offers a ribbon cutting and grand opening package for $205 for members wishing to celebrate significant business milestones. This package includes ceremonial ribbon and oversized scissors, event photography, event promotion, and invitations extended to elected officials and Chamber Board Members. Buena Park businesses can choose to join the NOCC today, with or without the City of Buena Park partnering with NOCC to provide this program.
BUDGET IMPACT
For Plan “A”, the new membership program proposed by NOCC will cost the City approximately $265,000 for all 2,650 small businesses. For Plan “B”, preliminary estimates place the program in an $80,000 to $100,000 range, depending on narrowed neighborhood-serving businesses and final eligibility requirements. If City Council directs staff to pursue either proposed program option, it will be necessary to appropriate funding from undesignated General Fund balance to fund the first year of the new program cost.
REQUEST OF THE CITY COUNCIL
The “Strengthening Business, Strengthening Our City” proposal presented by the NOCC is a new model that would require City Council policy direction, as it would involve a significant allocation of General Fund resources to subsidize private businesses' memberships in a chamber of commerce. Additionally, the program being proposed by the NOCC has not been implemented in any of the cities currently in NOCC’s regional coverage area, which would make the City of Buena Park the first to implement this new program model.
Staff is seeking the City Council's direction regarding the “Strengthening Business, Strengthening Our City” program proposal (Plan “A” or Plan “B”).
Attachments
NOCC BusinessPlan and Plan B.pdf
North Orange County Chamber of Commerce Strengthening Business, Strengthening Our City A Regional Partnership in Economic Growth
Introduction: Why the Chamber Exists For over 132 years, the North Orange County Chamber of Commerce (NOCC) has been committed to a single mission: keeping businesses in business. As a membership-driven nonprofit 501(c)(6), NOCC exists to: • Provide businesses with tools, visibility, and resources to grow. • Advocate at the city, county, state, and federal levels for pro-business policies. • Build cross-sector partnerships that strengthen both commerce and community. • Ensure regional economic vitality so that when businesses thrive, cities prosper.
Why This Matters for Buena Park With the passage of Measure R, Buena Park now receives 2% of taxable sales instead of 1%, doubling the City’s return on local business activity. This partnership with NOCC is designed to maximize that impact. Key Outcomes: • ≈ $55M in new taxable sales → $1.1M new City revenue annually. • Tourism boost from Chamber events and international partnerships → $15K–$25K in Transient Occupancy Tax (TOT). • Business license renewals → $12K–$25K. • Vacancy avoidance & property stability → tens of thousands in additional protection. Against a $264,400 annual partnership, the City’s direct return is over four times the investment, before factoring community benefits like jobs, safer neighborhoods, and visitor spending.
Buena Park as a Destination City Our thought process in particular concerning Buena Park is that the City is a Destination City. While Knott’s Berry Farm is a crown jewel, Buena Park offers much more: • Nearly 200 restaurants serving diverse cuisines. • Over 18 automotive dealerships, nearly as many as Irvine and Tustin combined. • A wide range of hospitality, retail, cultural, and service businesses. The Chamber’s goal is to ensure consumers recognize Buena Park as more than a theme park stop, but as a thriving destination city. A detailed category-by-category spreadsheet of local businesses can be attached to illustrate the depth and variety.
What Buena Park Businesses Receive Through this partnership, every licensed small business in Buena Park will automatically gain access to NOCC’s suite of business services and online tools—resources designed to grow visibility, credibility, and customer engagement. Core Services: • Enhanced Online Visibility – Landing pages in our high-traffic directory (708,000+ annual visits) with SEO value. • Networking & Referrals – Access to 40,000 professionals, mixers, ribbon cuttings, workshops, and direct referrals. • Promotional Support – Newsletter features, social media promotion, podcast opportunities, and sponsorships. • Advocacy & Representation – Engagement at city, county, state, and federal levels. • Exclusive Resources – Workshops, training, and growth tools.
The Online Advantage & Digital Reach The Chamber helps address the primary challenge facing many local businesses: lack of an online presence. • 80.4% of U.S. consumers shop online (273M people), representing nearly 18% of all retail sales. • 62% of consumers will not buy from a business they cannot find online. • 40% of shoppers make purchases after discovering a product through video. • Regionally, 75% of small businesses lack a website (≈ 49,777 out of 65,986). Our Enhanced Chamber-hosted landing pages help businesses gain trust, visibility, and sales they would otherwise lose. Digital Reach (July 1, 2024 – June 30, 2025): • Total Website Traffic: 708,891 visits. • Directory Searches: 198,553. • Member Landing Page Views: 167,329. • Event Calendar Searches: 109,825. • Job Searches: 12,639. • Hot Deals Viewed: 8,685. • Search Engine Visibility: 612,000 appearances in search results. • On average, each business profile received 130 monthly views (≈ 1,560 annually).
Proven ROI for Businesses • Current e-directory listings: 1,597 businesses & nonprofits. • Average member ROI = $1,894 annually (74% return). • Includes the waived $250 online directory hosting fee, a direct savings for every member. This demonstrates that the City’s investment provides tangible value, not only through advocacy but also by equipping every licensed business with measurable digital tools and exposure.
Growth & Capacity A common question is: If this drives immediate growth, can the Chamber sustain it? Over the past 18 months, NOCC has tested and refined this model with proven results. Operationally, we are prepared: • Staffing solutions through member recruiting/placement agencies. • Leadership network of engaged businesses and board members. • Proven CRM, digital, and event systems already scaled to handle increased engagement. Growth is not a risk to the Chamber—it is the outcome we are built to deliver.
Proven Impact Across Sectors Hospitality & Tourism: • DoubleTree by Hilton – 3 additional hosted events. • Hilton Buena Park/Anaheim – international guest stays and event space rentals. • Fairfield Inn & Suites – additional domestic and international guest stays. Local Businesses: • Black Bear Diner – 4% revenue lift. • Credit Union of Southern California – secured a new corporate account. • NORESCO – partnership with the City of Buena Park. • Stay in Business Workshop Series – helped small businesses expand clientele. Nonprofits & Community: • Team Kids – connected with Buena Park Police Department and local businesses. • Radiant Futures & Healing To You – now working with the Los Angeles Sheriff’s Department. • Buena Park & Fullerton School Districts – supported successful ballot measures. • City of Buena Park – supported successful passage of Measure R.
Accountability & Transparency • Quarterly KPI reports delivered to City Council. • Clear metrics on business participation, advocacy wins, visibility outcomes, and measurable revenue impact. • Shared leadership – City demonstrates its pro-business commitment, Chamber delivers execution.
Closing: Transparent, Accountable, Prosperous Since 1893, NOCC has stretched every dollar to maximize value for members and cities. With Council support, we can extend these benefits to all 2,644 licensed small businesses in Buena Park. This is not just an investment in the Chamber, it is an investment in: • Every business owner striving to grow. • Every resident who depends on local jobs. • Every service funded by the City’s tax base. • Every neighborhood strengthened by a vibrant economy. Sincerely, Andrew W. Gregson, MBA. President & CEO North Orange County Chamber of Commerce 714-871-3100 | [email protected] | www.nocchamber.com Plan B
City of Buena Park
Targeted Small Business Retention & Sustainability Program
Purpose
This Plan B option is provided at the request of City staff as a refined implementation alternative to the previously submitted citywide Small Business Retention & Sustainability Program.
Plan B maintains the same program structure, services, accountability, and operational readiness as the original proposal, while narrowing participation to neighborhood-serving small businesses that are not already supported through existing City programs focused on the hotel and entertainment corridor.
This option allows the city to support core local businesses, manage cost exposure, and retain flexibility for future expansion.
Target Business Scope
Under Plan B, program participation would be limited to licensed small businesses with ten or fewer employees operating in the following categories:
• Restaurants and food service establishments
• Retail storefront businesses
• Personal and professional service providers
Hotels, major entertainment venues, and large destination assets would be excluded under this option, recognizing that the city already maintains targeted initiatives supporting those sectors.
Estimated Business Count
Preliminary data identifies approximately 1,963 total businesses citywide.
This figure includes businesses of all sizes and industries.
The final eligible count under Plan B will be materially lower after applying the following filters:
• Ten or fewer employees
• Active City of Buena Park business license
• Eligible industry classification
The North Orange County Chamber will work directly with the city using official license records and third-party verification tools to produce a clean, accurate, and defensible participation list prior to launch.
Investment Framework
• $100 per eligible licensed small business
• Total City investment expected to be significantly lower than the full citywide model • Preliminary estimate places the program in an $80,000 to $100,000 range, depending on final eligibility
This structure ensures fiscal discipline, transparency, and proportional investment.
Program Deliverables
All participating businesses would receive the same core services outlined in the original proposal, including:
• Search-optimized business landing page
• Regional directory visibility and online exposure
• Direct outreach and onboarding support
• Access to workshops, mixers, and business education
• Referral and vendor connection opportunities
• Structured communication and updates
• Quarterly reporting and impact summaries
The difference between Plan A and Plan B is scope, not service level.
Implementation Readiness
No changes are required to staffing, systems, or timelines.
• The Chamber’s operational framework is already in place • Existing staff and agency partners are prepared to execute • Outreach can begin immediately upon receipt of the eligible business list • Reporting and accountability structures remain unchanged
Strengthening Business, Strengthening Our City The North Orange County Chamber of Commerce – A Regional Partner in Economic Growth The Case for Partnership For over 132 years, the North Orange County Chamber of Commerce (NOCC) has been committed to a single mission: keeping businesses in business. Today, we proudly serve Buena Park, Fullerton, La Palma, and Stanton as the only true regional Chamber in Orange County. Why This Matters for Buena Park Category Impact Conservative $55M lift in taxable sales ≈ $1.1M new City revenue annually Tourism Boost $15K–$25K in TOT Business License Renewals $12K–$25K Vacancy Avoidance & Property Stability Tens of thousands in added protection Buena Park as a Destination City While Knott’s Berry Farm is a cornerstone, Buena Park is so much more: nearly 200 restaurants, over 18 automotive dealerships (comparable to Irvine and Tustin combined), and a diverse mix of retail, hospitality, and cultural attractions. This partnership helps tell that story regionally and nationally. What Businesses Receive Every licensed business in Buena Park will automatically gain access to: • Enhanced Online Visibility – Chamber-hosted landing pages with strong SEO. • Networking & Referrals – Access to 40,000 professionals, events, and referrals. • Promotional Support – Newsletter, social media, podcasts, sponsorship visibility. • Advocacy & Representation – Engagement at city, county, state, and federal levels. • Exclusive Resources – Workshops, training, and business growth tools.
Digital Reach (2024–2025) Metric Result Total Website Traffic 708,891 visits Directory Searches 198,553 Landing Page Views 167,329 Event Calendar Searches 109,825 Job Searches 12,639 Hot Deals Viewed 8,685 Search Engine Visibility 612,000 appearances in online search results Growth & Capacity Over the past 18 months, we have tested and refined this model with proven results. Operationally, we are prepared to scale immediately, with staffing solutions through member recruiting agencies, a strong leadership network, and proven digital/event systems. Accountability NOCC will provide quarterly KPI reports to the City Council, with clear metrics on participation, advocacy wins, and measurable revenue impact. Bottom Line: A $264,400 investment by the City of Buena Park returns $1.1M+ annually, strengthens local businesses, creates jobs, and positions Buena Park as a true Destination City. Andrew W. Gregson, MBA. President & CEO North Orange County Chamber of Commerce 📞 714-871-3100
✉ [email protected]
🌐 www.nocchamber.com
January 13, 2026