General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com Transportation Program which was
completed in 2024.
M-14
Coordinate with the Traffic Engineer/Public
Works Department to link bikeways to
create a larger connected network.
On-going
Implementing more non -motorized
networks as part of ongoing projects.
Received a grant from SCAG for
preparation of a citywide Active
Transportation Program which was
completed in 2024.
M-15
Promote the use of bicycling and walking
within the City, through the publication of
comprehensive maps and resource
materials, and the development and
implementation of marketing programs.
On-going
The City participated in a Go -Human
campaign in 2019 on Beach Boulevard
and a Safer Streets Pop- Up
demonstration in 2023. The Active
Transportation Plan was completed in
2024 which provides recommendations
on how to improve the walkability and
pedestrian experience along key corridors
in the City.
M-16 Provide incentives to developers who
incorporate bikeways into developments.
Not yet
started
M-17 Promote the use of Transportation Demand
Management (TDM) Measures. On-going
The zoning code contains several
prescriptive and qualitative compliance
options for providing TDM measures
within new development including
encouraging ride share, on- site locker
rooms, etc.
M-18
Encourage the creation of programs such
as Transportation Systems Management
(TSM), public transit, carpools/ vanpools,
ride-match, bicycling, and other
alternatives to the energy -inefficient use of
vehicles.
On-going
Implemented a Ride- Share program,
installed EV charging stations to promote
clean air vehicles. Continuing to manage
programs and add to them as needed.
M-19 Encourage incentives for the creation and
use of car or vanpools for City employees. On-going
The City participates in a ride -share
incentive program that offers incentives
for City employees to carpool or take
alternative transportation.
M-21
Promote opportunities to have new
development, redevelopment, or expansion
of existing development to pay the full cost
of circulation improvements needed to
serve the development (i.e., signalization,
turn lanes, etc.).
On-going
The Public Works Department reviews all
development projects to determine the
extent of off-site improvements that will be
required as a condition of approval for the
project.
M-22
Periodically evaluate development impact
fees to ensure that circulation infrastructure
funding required of new development or
redevelopment projects is adequate to
improve and/or maintain Buena Park’s
circulation system to meet Level of Service
standards.
Completed
The City Council approved an update to
the City’s Development Impact Fees in
2024.
M-23
Prioritize capital improvements, focusing
on those areas of the City that operate at
unacceptable Levels of Service, to enhance
traffic safety, improve Levels of Service,
and implement the buildout of the Orange
County (MPAH).
On-going The MPAH is regularly reviewed as part of
the CIP.
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com M-26
Maintain the annual performance
monitoring program of new development
projects until all required improvements
have been constructed.
On-going
The Building and Public Works
Departments meet bi -weekly to review
active construction projects to ensure that
all onsite and off -site improvements are
completed.
M-28 Participate in Inter -Jurisdictional Planning
Forums.
In-
Progress
The City participates in the Planning
Director’s Association of Orange County
meetings which includes representatives
from all 34 cities in Orange County.
M-29
Encourage higher intensity residential and
commercial development in areas of
existing and future transit to include, but not
be limited, to the following locations /
corridors: Metrolink Station located at Dale
Street and Malvern Avenue, Valley View
Street, Knott Avenue, Beach Boulevard, La
Palma Avenue, Orangethorpe Avenue,
Commonwealth Avenue, Artesia
Boulevard, and Malvern Avenue.
Completed
The 2021- 2029 Housing Element and
Housing Incentive Overlay Zones (HIO)
increased residential density on sites near
transit or major thoroughfares completed
in 2024.
CF-1
Involve the Police Department in the design
review of new and rehabilitated buildings to
ensure basic safety measures and
surveillance access are achieved.
On-going
Police Services Officer and Detective
have been CPTED trained. Police
Services Officer involved in permitting
process. The IDR process now includes
review and comments from the Police
Department on new development
projects.
CF-2
Conduct annual needs assessments of
police facilities, equipment, and personnel
to plan and ensure that future growth of the
Police Department is commensurate with
future development in the City.
On-going
FY 24/25 police facility has started the
replacement of major appliances, in car
cameras and other technology . In 2025,
the City Council adopted an ordinance
approving police drone-related updates to
the Buena Park Police Department’s
Military Equipment Use Policy as part of a
Drone as First Responder Program
(DFR).
CF-6
Continue programs such as the Police
Explorer Program to provide the
opportunity for youth to develop leadership
skills, learn team -building concepts, and
gain insight into law enforcement as a
career.
On-going
Police Explorer program continues to
thrive with active recruitment and
outreach efforts to replenish explorers
who age out at 21 years of age. The
Explorer Program participation ranges
from 6-10 participants per program cycle.
The Police Department continues to value
this program and is leveraging it to
develop future police employees. In
addition to the explorer program, several
paid interns (Cadets) have promoted to
police officer or other professional staff
positions within police department.
CF-7
Refer land development and building permit
applications to the OCFA for review, and
incorporate their recommendations as
conditions of approval as necessary to
ensure public safety.
Completed
OCFA has been integrated into the design
review process and the outset of
development projects and Preliminary
Review Applications to ensure early
feedback from fire regarding
development-related issued.
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com CF-10
Continue to require compliance with all
provisions of the most recently adopted
version of the California Fire Code (with
local amendments).
On-going
The City and Orange County Fire
Authority are in the process of reviewing
updates to the Building Code as part of
the 2025 Building Code Cycle.
CF-12
As determined by the City, new projects
may be required to enter into a Secured
Fire Protection Agreement to pay fair share
increases in fire service capacity.
On-going
The Orange County Fire Authority
(OCFA) reviews all new development
projects to determine the impacts of the
new development on the Fire Authority’s
ability to provide services.
CF-15
Work with the Buena Park Library District to
determine the adequacy of facilities based
upon changing conditions and to identify
opportunities to provide for the needs of the
community.
On-going
The City Manager’s Office meets with the
Library District to coordinate on facilities
and needs.
CF-16 Update the City’s Water Master Plan. Complete The Public Works Department recently completed the 2024 Water Master Plan.
CF-17
Continue capital improvements indicated in
the City’s Water Master Plan to improve the
ability of the City’s water system to provide
adequate fire flows and to maintain
optimum operation standards.
On-going Water Master Plan priority projects are
budgeted in CIP.
CF-18
Implement a development monitoring
system to evaluate the individual and
cumulative impact of proposed
development on the service capacity of
water facilities. Use this system in the
review of development projects and to
require mitigation and/or necessary
improvements.
Complete Development Impact Fee update was
completed in 2024.
CF-19
Utilize, where appropriate, public financing
mechanisms, such as special assessment
or community facilities districts to fund
water improvement and service costs.
Not yet
started
No special assessment districts have
been formed, but enhanced infrastructure
financing districts have been considered
as a financing mechanism for public
improvements on large-scale projects.
CF-20
Review and revise planning and building
codes to provide for new technologies that
will improve water service delivery and
allow for the incorporation of alternative
water sources.
On-going
The City is tracking the proposed
amendments to the CA Building Codes as
part of the upcoming 2028 update.
CF-22
Explore the feasibility of a recycled water
system within the City to reduce the
demand for potable water in the future by
supplying water for irrigation and other non-
potable water uses.
On-going
In 2025, the Climate Action and
Adaptation Plan (CAAP) was approved
which includes actions to recover wasted
water for a variety of non- potable uses.
Graywater systems recycle wastewater
from activities like bathing and laundry for
non-potable uses, while rain barrels
collect and store rainwater for irrigation.
Both methods reduce the de mand for
potable water, thereby lowering the
energy consumption and associated GHG
emissions from sourcing, treating, and
distribution of water.
CF-23
Review and update the City’s Sewer Master
Plan and Sewer System Management Plan,
as necessary.
Completed Sewer Master Plan completed in 2019.
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com CF-24
Update development fee and assessment
district fee structures, as necessary, to
require all new development to pay its fair
share of the cost of all essential wastewater
improvements.
On-going Continuing to implement district fees on all
new developments.
CF-25
Coordinate with the Orange County
Sanitation District in the Fats, Oils and
Grease (FOG) Program and other
educational programs to eliminate the
improper disposal of waste in the
wastewater system.
On-going
Provide business licenses to OCSD on
quarterly basis, continue to run
comprehensive FOG Control Program
CF-26
Continue to implement the Landscaping
Limitations in Municipal Code which
requires that drought -tolerant plants be
used predominantly in landscaping for all
uses other than single family residential.
On-going
The City implements draught response
per state and county requirements. City
installs draught tolerant landscaping on
City projects where feasible.
CF-27 Prepare an updated Master Plan of
Drainage. Completed
CF-31
Consider incentives for developers to
incorporate features into new development
or redevelopment projects that will reduce
urban run- off and improve water quality.
These features could address both project
specific and other local impacts.
On-going
The City’s Water Quality Management
Plan consultant reviews all development
projects requiring a water quality plan to
ensure that stormwater runoff is captured
and treated on- site. The City has not yet
developed any incentives for developers
to provide water quality elements beyond
the minimum required by state law.
CF-34
Identify and improve areas experiencing
localized storm drainage problems for
storm drain improvements.
On-going
The Public Works Department regularly
monitors the status and capacity of its
storm drainage system and completes
clean-outs and upgrades as needed as
part of the CIP.
CF-35
Create public education information and
outreach materials regarding proper
materials handling practices to assist
residents and businesses in complying with
surface water quality regulations and to
increase awareness of potential impacts to
the environmen t resulting from improper
containment or disposal practices.
On-going
The City Council created an Office of
Sustainability in 2024 and hired the City’s
first Sustainability Manager in April 2024.
CF-36
Develop an industrial/commercial
inspection program to comply with the
requirements of the National Pollutant
Discharge Elimination System (NPDES)
program.
On-going Program is operational and ongoing.
CF-37
Encourage new development or
redevelopment projects to incorporate
underground capture and storage of storm
water for use in irrigation and other non-
potable uses.
On-going
The City’s Water Quality Management
Plan consultant reviews all development
projects requiring a water quality plan to
ensure that stormwater runoff is captured
and treated on- site. Whenever feasible,
WQMP treatments are encouraged to
have underground capture and treatment
elements.
CF-38
Implement and update, as appropriate, the
Source Reduction and Recycling Element
(SRRE) for the City.
On-going Implemented new recycling program.
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com CS-1
Develop a comprehensive sustainable
design program that provides information,
technical assistance, and/or incentives for
owners/developers to utilize sustainable
site development, construction, and
building practices.
On-going
The City Council created an Office of
Sustainability in 2024 and hired the City’s
first Sustainability Manager in April 2024.
In 2025, the City adopted its first Climate
Action and Adaptation Plan (CAAP),
which includes the CAAP CEQA checklist
that encourages developers to utilize
sustainable site development,
construction, and building practices.
CS-2
Continue to identify and remove regulatory
or procedural barriers to implementing
green building practices in the City, such as
updating codes, guidelines, and zoning.
On-going
The City approved an Ordinance to
expedite permitting procedures for EV
Charging stations in residential and
commercial developments in 2023. The
City also provides expedited permitting for
solar (PV) installations on residential
projects.
CS-3
Continue to identify and remove regulatory
or procedural barriers to implementing
green building practices in the City, such as
updating codes, guidelines, and zoning.
On-going
The Planning and Building divisions
regularly review the Municipal Code to
identify and remove requirements that
inhibit green building practices.
CS-4
Seek out educational or other training
opportunities for planning and building
personnel to learn new construction
practices, including the use of alternative
building materials.
On-going
The Building Division sends all of its
inspectors, plan checkers and permit
technicians to the California Building
Officials training (CALBO).
CS-5
Develop and provide marketing, training,
and educational information and materials
to the public regarding green building
activities, new construction practices,
and/or alternative building materials.
On-going
The City Council created an Office of
Sustainability in 2024 and hired the City’s
first Sustainability Manager in April 2024.
CS-6
Design new and major remodels to City
buildings to achieve minimum requirements
of recognized green building rating systems
to conserve resources, including, but not
limited to, energy and renewable
resources.
In-
progress
The City is currently working with an
ESCO on an energy performance audit
which will provide a roadmap for upgrades
to city facilities to become more energy
efficient.
CS-7
Encourage developers to include features
in buildings to facilitate recycling of waste
generated by building occupants and
associated refuse storage areas.
On-going
The Planning Division reviews all
development projects to ensure
compliance with state laws regarding
waste, recycling, green waste and
organics as required by state law.
CS-8
Encourage City -sponsored development
and redevelopment projects to reduce
construction and demolition waste by
reusing building materials, using materials
that have recycled content, or using
materials that are derived from sustainable
or rapidly renewable resources to the
extent possible.
On-going
The City Council created an Office of
Sustainability in 2024 and hired the City’s
first Sustainability Manager in April 2024.
CS-9
Create a guide of environmentally
preferable products for business practices
and uses products, as feasible, in the City’s
purchasing and operations.
Completed
Adopting an environmental preferable
purchasing policy to current policy
manual.
CS-10 Consider exploring the potential for creating
and sustaining local urban agriculture, On-Going Coordinated and implemented a master plan for renovation of a 3-acre community
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com including community gardens, orchards,
and farmers’ markets.
garden project. Identified 2 new locations
within the city to facilitate new community
gardens. A certified farmers’ market is
held weekly at the Buena Park Mall.
CS-11
Through the development review process,
decrease the amount of impervious
surfaces in developments, especially
where public places, plazas, and amenities
are proposed to serve as recreation
opportunities.
On-Going
Interdepartmental Review (IDR) meets
weekly to review projects for compliance
with City standards.
CS-12 Update an inventory of historic building and
resources.
Not yet
started
CS-13
Establish the Old Buena Park Historic
District through an overlay designation or
specific plan. The Historic District should
include guidelines for preserving and
enhancing both public and private property.
Not yet
started
CS-14
Establish preservation incentive programs
that encourage property owners to
preserve, restore, and maintain historic
properties.
Not yet
started
CS-15
Review and revise zoning and land
development guidelines in order to protect
historic resources from incompatible
development.
Not yet
started
CS-16
Develop an archival program for
documents, maps, and photographs of
historic resources in the City.
In-
Progress
The Community Development
Department has contracted with a
consultant to assist with the scanning and
archiving of historic building documents in
the City.
CS-17
Identify and leverage strategic partnerships
with local and state historic preservation
groups to strengthen historic preservation
efforts in the City.
Not yet
started
CS-18
Integrate historic preservation with
economic development objectives to
generate additional revenue for the City
while providing the investment needed to
preserve historic resources.
Not yet
started
CS-19
Develop an outreach program to
communicate information on programs,
services, requirements, and incentives
related to the protection and preservation of
historic resources.
Not yet
started
CS-20
Develop standards, guidelines, and/or
criteria governing the identification,
protection, restoration, maintenance,
alteration, relocation, or removal of historic
resources.
Not yet
started
CS-21
Create an inventory of information and
resources regarding the proper
rehabilitation techniques and make the
information available to the public to assist
owners and developers of historic
buildings.
Not yet
started
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com CS-22
Develop sustainable development and
green building guidelines for rehabilitation,
retrofitting and adaptive reuse of historic
resources. Identify incentives to encourage
property owners to adopt these guidelines.
Not yet
started
CS-33
Implement a public outreach effort that
promotes the use of native drought- tolerant
vegetation and discourage the use of
invasive non- native species in home
landscaping.
On-going
The City adopted the County Model Water
Efficient Landscape Ordinance (MWELO)
to encourage the use of drought tolerant
and native species to minimize water use.
CS-34
Develop and implement mapping and
inventory resources to identify sensitive
receptors and sources of air pollution
throughout the City.
On-going
In 2025, the City adopted its first Climate
Action and Adaptation Plan (CAAP),
which includes analysis and mapping of
sensitive receptors.
CS-35
Develop a Greenhouse Gas Emissions
Reduction Plan and/or Climate Action Plan
to control and reduce GHG emissions.
On-going
In 2025, the City adopted its first Climate
Action and Adaptation Plan (CAAP) ,
identifies and analyzes GHG emissions
from various emission source sectors
relevant to the City including
transportation, energy, water and
wastewater, solid waste, and off -road
equipment.
CS-36
Develop a “heat island” mitigation plan that
includes guidelines for cool roofs, cool
pavements, and strategically placed shade
trees.
On-going
In 2025, the City adopted its first Climate
Action and Adaptation Plan (CAAP) ,
which includes actions to implement a
cool pavement pilot program within the
City right-of-way, and actions to enhance
carbon sequestration and support urban
greening.
CS-37
Amend the City Code to establish
regulations, in addition to Title 24
requirements, that promote and require the
conservation of energy and the use of
renewable energy sources as follow.
On-going
In 2025, the City adopted its first Climate
Action and Adaptation Plan (CAAP) which
includes renewable energy generation
and storage.
CS-44
Develop and implement a procedure to
reduce the amount of paper used in City
business practices, which can be achieved
by double-siding paper, consolidating files,
and circulating documents via email and
posting information via the internet.
On-going
City printers are set to default print in a
double-sided, black and white format to
reduce paper in color ink usage. The
Planning Division has converted to an all
online submittal process for review of new
development projects to reduce paper
plans and applications.
CS-48
Adopt energy efficiency standards that
integrate energy efficiency and
conservation requirements, per State
standards. The standards shall be
incorporated into the building permit
process.
Completed
2026 California Building Code update was
adopted by the City Council in November
2025 and became effective on January 1,
2026.
CS-49
Develop and implement building standards
per Title 24 for residential and commercial
buildings (new and remodeled buildings)
based on appropriate criteria for the City’s
specific climate zones, sustainability goals,
and other appropriate criteria.
Completed
The City Council adopted the 202 6
California Building Codes and Green
Building Codes which provide standards
related to Title 24 and other green building
criteria.
CS-50 Update the City’s zoning code to promote
solar orientation of buildings.
Not yet
started
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com CS-51
Review and determine the feasibility of
offering incentives for energy efficient
building retrofits.
On-going
In 2025, the City adopted its first Climate
Action and Adaptation Plan
(CAAP)actions to increase energy
efficiency in buildings.
CS-52
Review and determine appropriate
incentives regarding the installation of
water efficient or energy efficient fixtures.
Completed
The state and local utility providers offer
several rebates and incentives for
installation or energy and water efficient
fixtures.
CS-55
Explore collaborations with regional
agencies, local governments, special
districts, and other public organizations to
share resources, achieve economies of
scale, and develop plans and programs that
are optimized on a regional scale. Evaluate
and implement opportunities for supporting
new programs and promoting sustainable
energy practices through financing
mechanisms (e.g., Community Choice
Aggregation, and other local government
joint ventures).
On-going
Continuing collaborations with local
neighboring agencies for projects to
promote and implement non- motorized
networks for accessibility between cities
and public transportation hubs.
Continuing to implement a sustainable
approach in CIP projects per indus try
standards and collaborations with APWA.
Participate in County cost -sharing
programs to environmental compliance.
OSR-1
Prepare, adopt, and implement a Parks,
Recreation, and Open Space Master Plan.
Once adopted, update the Parks and
Recreation Master Plan on a regular basis.
Completed Parks and Recreation Master Plan was
completed in 2023.
OSR-2
Identify opportunities to acquire vacant or
underutilized parcels within neighborhoods
north of the Interstate 5 Freeway that are
lacking open space.
On-going
Staff continues to seek potential
opportunities for open space and park
land within neighborhoods north of the I -
5. OSR-4
Establish/maintain joint -use agreements
with schools to provide open space and
recreational opportunities for residents.
On-going
Established joint use agreements with the
Buena Park School District for use of the
Buena Park Middle School Gymnasium,
and the new Whitaker School Park. Staff
continues to use school grounds for sports
practices on Buena Park School District
and Centralia School District
locations. Established a joint use
agreement with the Fullerton Joint Union
High School District for use of the
Performing Art Theatre and Football
Stadium.
OSR-5 Consider developing an open space plan to
enhance public open space in the City. Completed
The Community Services Department
completed development of a citywide
Parks Master Plan which will inventory
and map public parks and facilities along
with recommendations on improvements
to those facilities and programs.
OSR-7
Pursue available resources to fund open
space acquisition including Federal, State
and local funding grants or donations.
On-Going
Successfully secured a Prop 68 State
Grant of $3.4 million dollars for the
Whitaker School Park project.
OSR-8
Encourage public volunteer programs that
contribute to the preservation and
maintenance of open space areas.
On-Going
The City continues to promote volunteer
opportunities to contribute to the
preservation and maintenance of open
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com space areas through our Citywide Teen
Program “VOLT” Volunteer Opportunities
& Leadership for Teens.
OSR-9
Refine and utilize park performance
standards that may include a classification
system, park system guidelines, and design
criteria to guide development and
management of parks and open space.
Completed
The Community Services Department
completed development of a citywide
Parks Master Plan which will inventory
and map public parks and facilities along
with recommendations on improvements
to those facilities and programs.
OSR-10
Pursue and maintain joint -use agreements
with school districts, neighboring cities,
public agencies, private entities, and non-
profit organizations that own and operate
parks and recreational facilities in the area.
In-
progress
The Community Services Department
completed the citywide Parks Master Plan
which inventor ied and mapped public
parks and facilities along with
recommendations for potential joint use
opportunities for school districts,
neighboring cities, public agencies,
private entities and non- profit
organizations.
OSR-11
Develop an incentives program that
encourages private development and
public agencies to provide park and
recreation facilities beyond the minimum
requirements.
On-going
The City Council approved the c itywide
Parks Master Plan in 2024 which included
recommendations for public park
acquisition and development along with
recommendations for joint-use facilities.
OSR-12
Create a program to renovate all park and
recreational facilities that include guidelines
and best practices for maintenance and
upgrading.
Complete The Citywide Parks Master Plan was
completed in 2024.
OSR-13
Update the City’s recreation program with
input from the community to enhance
existing programs or develop new
programs to serve people of all incomes,
cultural backgrounds, ages and levels of
physical capability; and encourage more
intensive use of facili ties throughout the
day.
Completed The Citywide Parks Master Plan was
completed in 2024.
OSR-15
Continue to develop partnerships with other
agencies, community-based organizations,
businesses, and foundations to maintain
and upgrade parks and recreation facilities
in the City.
In-
progress
With the completion of the Parks Master
Plan the Community Services Department
is now able to identify partnerships with
other agencies, community -based
organizations, businesses, and
foundations to maintain and upgrade
parks and recreation programs in the City.
SAF-1
Maintain the City’s Emergency Operations
Plan, which provides a comprehensive
emergency management program for the
City.
On-going
Emergency Services Coordinator
frequently evaluates existing EOP’s and
recommendations are made to make sure
the plan is contemporary and meets State
and Federal guidelines. Furthermore,
several EOC trainings and exercises are
conducted in every fiscal year to ensure
proficiency and continuity.
SAF-2
The City will periodically conduct mock
disaster exercises on a department -wide
and City-wide basis to familiarize those City
departments participating in the City’s
emergency operations, with the City
On-going
In 2024 and 2025 the City conducted
multiple t abletop exercises with fire
department, regional partners and Knott’s
Berry Farm for a mass casualty incident at
amusement park.
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com Emergency Operations Plan, and to
prepare them to respond in an appropriate
and timely manner in the event of an
emergency or disaster.
SAF-9
Encourage use of Low Impact
Development (LID) methods that capture
and treat water on-site, therefore, reducing
flows to storm drain system.
On-going
The Planning Division and Public Works
Department coordinate review of Water
Quality Management Plans (WQMP) as
part of the design review process to
ensure that new and substantially altered
developments have sufficient storm water
containment and treatmen t plans
consistent with County and State Laws.
SAF-11 Regularly update the City’s Hazardous
Waste Management Plan.
In-
Progress
Coordinate and supply assistance to
Public Works Department and OC Fire
Authority in the implementation of the
plan. Participate in training and provide
logistical support in emergency situations.
SAF-13
Continue to conduct periodic inspections of
all businesses using or storing hazardous
materials to ensure safe practices and
improve communications with business
personnel.
On-going
OCFA conducts annual site inspections of
businesses to ensure safe storage of any
hazardous materials and ensure
functioning fire safety systems.
SAF-14
Adopt targets to reduce the volume and
toxicity of hazardous waste committed to
land disposal.
Not yet
started
SAF-18
Develop programs that inform and educate
the community about potential risks,
resources, roles, and responsibilities for
addressing safety.
On-going
In 2025, The City updat ed the Safety
Element of the General Plan to include
climate change vulnerability assessments
and comprehensive hazard mitigation and
emergency response strategies in its
Safety Element.
N-1
Review the City’s existing codes and
ordinances and determine how they should
be modified to comprehensively address
various noise sources, land use types, and
compatibility issues.
On-going
The Planning Division regularly reviews
Title 19 of the Buena Park Municipal Code
for opportunities to improve standards
related to noise and includes noise
mitigation measures in conditions of
approval for development projects.
N-2 Develop noise performance standards for
mixed-use development. Complete
The HIO and updated Community Design
Element of the General Plan include noise
performance standards for mixed- use
development.
N-10
Develop and maintain a Noise Mitigation
Guide that includes information regarding
City noise regulations and programs.
Not yet
started
N-11
Create and maintain an inventory of
existing noise levels and noise complaints
within the City. Update the inventory every
two years to monitor changes in the City’s
noise environment and the effectiveness of
noise mitigation.
Not yet
started
ED-1
Complete a market analysis every few
years, to re-assess the economic stability of
the City’s activity centers and from which to
In-
progress
The City is in the early stages of bringing
on a consultant to assist with the
preparation of a Market Leakage analysis
which will make recommendations
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com identify opportunities for improving a
regional draw.
regarding targeted industries to attract or
retain in Buena Park.
ED-2
Regularly survey existing merchants as
part of a City -wide business retention
program, to assess their annual sales,
constraints on performance, and overall
satisfaction within the City.
On-going
Economic Development regularly
interacts with businesses citywide and in
2025, the City Council adopted the
Business Visitation Program to provide an
opportunity for businesses to meet with
City Officials.
ED-3
Create and implement a marketing
/branding action plan for the Entertainment
Zone, including Buena Park Mall.
On-going
The City completed efforts regarding
branding and marketing of the
Entertainment Corridor through the E -
Zone efforts and continues to look for
opportunities to update the Entertainment
Corridor Specific Plan.
ED-4
Develop City-wide marketing programs that
promote “shop local” incentives for
residents to utilize businesses located
within the City.
In-
progress
The Economic Development Department
partners with the SBDC on business
assistance events and outreach.
ED-7 Promote establishment of high- end retail
and restaurants within the City. On-going
The Economic Development Department
regularly communicates with the
commercial broker community on
potential sites within the City. The City
regularly attends the International
Conference of Shopping Centers to
promote locations for new commercial
development.
ED-8
Develop comprehensive strategy to market
the Auto Center to new dealerships and
retain existing dealerships.
Not yet
started
ED-9
Develop a city wide strategy to retain
industrial business and promote the City to
potential industrial users.
Not yet
started
ED-10
Provide low-interest property rehabilitation
loans to Buena Park businesses through
Economic Development Department
programs.
Complete
The City Council approved the
Commercial F açade Improvement
Program in 2024 which provide s grant
funding for businesses along commercial
corridors to make façade and other site
improvements.
ED-11
Provide rehabilitation assistance in
targeted commercial districts to enable the
upgrading of commercial properties
Complete
The City Council approved the
Commercial Façade Improvement
Program in 2024 which provides grant
funding for businesses along commercial
corridors to make façade and other site
improvements.
ED-12 Develop and implement programs to attract
new regional office users On-going
The Economic Development Department
regularly communicates with the
commercial broker community on
potential sites within the City. The City
regularly attends the International
Conference of Shopping Centers to
promote locations for new commercial
development.
ED-13 Develop programs that encourage small
businesses seeking expansion or new On-going
General Plan Annual Report
6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com startup businesses to utilize incubator
spaces within the City.
ED-14
Develop programs that encourage home -
based businesses seeking expansion or
new, small size, startup businesses to
utilize incubator spaces within the City.
On-going
The City allows home -based businesses
and cottage industries within single-family
residences subject to compliance with
Zoning Code.
EJ-1
Inventory and map existing public facilities
in order to determine any deficiencies in
levels of service and identify particular
areas where public improvements,
services, and facilities are needed.
Complete
The Community Services Department
completed the C itywide Parks Master
Plan in 2024.
EJ-2
Prioritize environmental justice needs when
formulating and adopting the City’s budget
and Capital Improvement Plan.
On-going
EJ-4
Seek funding to develop and implement
urban heat island reduction plans and
projects in vulnerable neighborhoods.
On-going
In 2025, the City adopted its first Climate
Action and Adaptation Plan (CAAP),
which includes actions to implement a
cool pavement pilot program within the
City right-of-way, and actions to enhance
carbon sequestration and support urban
greening.
EJ-5
At public meetings and outreach events
provide appropriate language services,
childcare, and options for live or delayed
online participation.
On-going Translation services provided in both
Spanish and Korean.
EJ-8
Include the results of public outreach with
decision-makers to help inform their
decision making process.
On-going
Planning Commission and City Council
agenda reports include information about
public outreach conducted for the specific
project and program.
EJ-9
Seek grant funding for plans and projects to
strengthen resilience in vulnerable
neighborhoods.
On-going
The City is exploring several grant
opportunities and partnerships that are
focused on improving civic engagement
and resiliency in disadvantaged
neighborhoods.
EJ-10
Collaborate with governmental and non -
governmental agencies to increase social
networks and website updates to distribute
information on climate change and other
threats to vulnerable populations. Include
information on actions people can take to
reduce exposure and increase resiliency.
On-going
The City is exploring partnerships with
non-profit organizations and community
groups on multiple health and
sustainability issues including expansion
of the City’s smoking prohibition and
improving civic engagement.
EJ-11 Seek grant funding to prepare a safe routes
to schools plan for the City.
In-
progress
Safe Routes to School analysis is
included within the Citywide Active
Transportation Plan. The City completed
its Citywide Active Transportation plan in
2024 which also provided
recommendations on how to improve the
walkability and pedestrian experience
along key corridors in the City.
May 26, 2026
NEW BUSINESS
Item No. 5A.
City Council Agenda Report
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF CONTRACT WITH KORMEXCONSTRUCTION, INC. FOR THE CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTS 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) Adopt a resolution approving the plans and specifications for the Crescent Avenue Frontage Median Improvements Project; 2) Award a contract to Kormex Construction, Inc. in the amount of $339,985; 3) Authorize contingency funds in the amount of $34,000 in the same purchase order; 4) Authorize construction engineering funds in the amount of $20,000; 5) Authorize the City Manager and City Attorney to make any necessary, non- monetary changes to the contract; and 6) Authorize the City Manager and City Clerk to execute the contract.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The City of Buena Park maintains multiple frontage roads along its arterial streets. Frontage roads serve as a buffer between high-speed and high volume corridors and adjacent residential areas by separating traffic, improving access, management, and creating a physical barrier enhancing safety. Additionally, frontage roads offer the opportunity to beautify the City with drought-tolerant, environmentally-friendly, and aesthetically pleasing landscaping.
The Crescent Avenue Frontage Median Improvements Project will include both frontage roads north and south of Crescent Avenue between Knott Avenue and Western Avenue. Staff identified this segment for improvement based on field observations of the existing infrastructure and landscaping conditions. Currently, the median has Flaxleaf Paperbark Trees with sporadic mixed shrubs.
The proposed project will establish a landscape palette that aligns with the City's preferences and can serve as a standard for future median improvement projects of a similar nature. The updated palette design will include Flaxleaf Paperbark Trees, Little Rev Flax Lily, Fortnight Lily, Red Yucca, Otto Quast Spanish Lavender, Dwarf Pink Indian Hawthorn, and Coast Rosemary. These plants will be arranged in an aesthetically pleasing manner. The plant palette was posted on the City’s social media platforms and distributed to residents though physical flyers.
The scope of work for this project includes, but not limited to:
Clearing and grubbing
Grading
New landscaping
Installation of a new irrigation system
Preparation of agronomic soil reports
Removal and replacement of broken curbs and gutters
Utility adjustments
Other incidental work necessary to complete the project The project was first advertised for competitive bids on April 13, 2026, and four (4) bids were received and publicly opened on May 11, 2026. Bid amounts ranged from $339,985 to $ 548,128. The engineer’s estimate for this project was approximately $419,101.57. The lowest responsible bid submitted by Kormex Construction Inc. of Ontario, California in the amount of $339,985. Kormex Construction Inc. possesses the required contractor’s license to complete the project and has successfully completed similar projects for Caltrans, the Jurupa Unified School District, the California Military Department, and the cities of Laguna Beach and Placentia.
Staff recommends awarding a contract to Kormex Construction Inc. in the amount of $339,985, approving contingency funds in the amount of $34,000 and construction engineering funds in the amount of $20,000, for a total project amount of $393,985.
Construction is anticipated to begin in June 2026 and be completed by August 2026.
BUDGET IMPACT
Total project costs are shown below with the following breakdown:
Construction Contract: $ 339,985
Construction Contingency: $ 34,000
Construction Engineering: $ 20,000
Total Project Cost: $ 393,985
The project is included in the City’s FY2025-2026 Capital Improvement Program (CIP) and is funded through the Gas Tax Fund (Account No. 24-9806-590195).
Attachments
Att. 1 of 3 - Resolution - CrescentFrontage.pdf
Att. 2 of 3 - Bid Result & Summary.pdf
Att. 3 of 3 - Contract Docs.pdf
LocationMap_CrescentFrontage.pdf
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK APPR OVING
PLANS AND SPECIFICATIONS FOR CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTS PROJECT (BETWEEN KNOTT AVE. & WESTERN AVE.) 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 prep ared 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:
CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTS PROJECT (BETWEEN KNOTT AVE. & WESTERN AVE.)
PASSED AND ADOPTED this 26th day of May 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 26th day of MAY 2026.
_______________________________________
City Clerk
Company Name Bid Amount
1 Gentry Gernal Engineering 548,128.00 $
2 Kormex Construction, Inc. 339,985.00$
3 Toro Enterprise 481,298.00$
4 KASA Construction Inc. 397,735.75$
5 6
7 8
9 10
Bid Opening : May 11 - 2:00 P.M.
City of Buena Park
BID RESULTS
CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTS
Project No. 516
Bid No. 2026-08
CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTS (BETWEEN KNOTT AVE. WESTERN AVE.) PROJECT
BID SUMMARY
Bid Opening: MAY 11, 2026 - 2:00 P.M.
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit T otal Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount P rice Amount 1 1 LS
Mobilization/Demobilization, Preparation of
Storm Water Pollution Plan (SWPPP), BMP’s,
and Erosion Control
$83,319.00 $83,319.00 $25,000.00 $25,000.00 $34,500.00 $ 34,500.00 $29,600.00 $29,600.00 $14,605.41 $14,605.41 $4 3,104.75 $43,104.75 2 1 LS Traffic Control Including Furnishing and
Installing 2 Construction Information Signs $22,842.00 $22,842.00 $15,000.00 $15,000.00 $30,325.00 $ 30,325.00 $13,000.00 $13,000.00 $40,000.00 $40,000.00 $2 0,291.75 $20,291.75 3 1 LS Clearing and Grubbing $22,798.00 $22,798.00 $15,000. 00 $15,000.00 $26,000.00 $26,000.00 $30,500.00 $30,500.0 0 $14,561.00 $14,561.00 $23,574.50 $23,574.50 4 9 EA Remove Existing Water Meter, Protect Existing
Service Line $4,417.00 $39,753.00 $1,000.00 $9,000.00 $2,000.00 $18,0 00.00 $250.00 $2,250.00 $2,000.00 $18,000.00 $1,916.75 $1 7,250.75 5 25 SF Remove Existing PCC Walkway $260.00 $6,500.00 $40 .00 $1,000.00 $20.00 $500.00 $40.00 $1,000.00 $25.00 $625. 00 $90.00 $2,250.00 6 575 SF Mill 2” Existing AC Pavement. Construct 2” AC
Overlay $26.00 $14,950.00 $20.00 $11,500.00 $11.00 $6,325.00 $17. 00 $9,775.00 $5.50 $3,162.50 $18.50 $10,637.50 7 336 SF
Remove Existing AC Pavement. Construct
Minimum 4” AC Pavement over 6” Crushed
Aggregate Base (Section to Match in Kind)
$36.00 $12,096.00 $20.00 $6,720.00 $45.00 $15,120.00 $31. 00 $10,416.00 $5.00 $1,680.00 $33.00 $11,088.00 8 167 LF Remove Existing PCC Curb and Gutter $84.00 $14,028.00 $20.00 $3,340.00 $32.00 $5,344.00 $16.0 0 $2,672.00 $12.00 $2,004.00 $38.00 $6,346.00 9 2 EA
Furnish and Install 1-1/2” Irrigation Water
Service with Irrigation Meter with Reduced
Pressure Backflow Preventer per City Standards
$11,720.00 $23,440.00 $10,000.00 $20,000.00 $35,125.00 $ 70,250.00 $13,000.00 $26,000.00 $16,526.40 $33,052.80 $1 7,461.25 $34,922.50 10 3975 SF Powerwash, Prepare, and Paint Existing
Decorative Paving $8.00 $31,800.00 $5.00 $19,875.00 $7.00 $27,825.00 $5.25 $ 20,868.75 $5.00 $19,875.00 $6.31 $25,092.19 11 21 LF Construct Concrete Curb Type A-1 per City
Standards $618.00 $12,978.00 $150.00 $3,150.00 $95.00 $1,995.00 $50 .00 $1,050.00 $150.00 $3,150.00 $228.25 $4,793.25 12 146 LF Construct Concrete Curb and Gutter Type A-2
per City Standards $178.00 $25,988.00 $150.00 $21,900.00 $84.00 $12,264.00 $ 74.00 $10,804.00 $150.00 $21,900.00 $121.50 $17,739.00 13 1 LS
Furnish and Install Irrigation Material,
Components, and Controllers per the Irrigation
Plans
$65,510.00 $65,510.00 $150,000.00 $150,000.00 $141,500. 00 $141,500.00 $176,000.00 $176,000.00 $163,967.46 $163, 967.46 $133,252.50 $133,252.50 14 1 LS
Furnish and Install Trees and Shrubs, Planting
Tablets, Soil Preparation and Fertilization, and
Mulch per Planting Plans
$81,142.00 $81,142.00 $30,000.00 $30,000.00 $83,200.00 $ 83,200.00 $58,000.00 $58,000.00 $63,518.40 $63,518.40 $6 3,085.50 $63,085.50 15 1 LS Agronomic Soil Test per Planting Plans $18,929.00 $18,929.00 $1,000.00 $1,000.00 $150.00 $150.00 $300.00 $3 00.00 $4,000.00 $4,000.00 $5,094.75 $5,094.75 16 1 LS 90 Calendar Day Maintenance Period $72,055.00 $72, 055.00 $7,500.00 $7,500.00 $8,000.00 $8,000.00 $5,500.00 $5,500.00 $15,000.00 $15,000.00 $23,263.75 $23,263.75 TOTAL = $548,128.00 $339,985.00 $481,298.00 $397,735.75 $419,101.57 $441,786.69 KASA CONSTRUCTION Engineer's Estimate Average GENTRY GENERAL
ENGINEERING KORMEX CONSTRUCTION TORO ENTERPRISE
PAGE 1 OF 1
C-1
CONTRACT
C-1
CONTRACT
CITY OF BUENA PARK CONTRACT FOR
CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTS
“Project”
Project Number: 516
Bid Number: 2026-08
This CONTRACT (“Contract”) is made and entered this 26th day of May, 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and KORMEX CONSTRUCTION, INC., a Stock Corporation (“Contractor”). Contractor’s California State Contractor’s lic ense number is # 1073142. 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 April 13, 2026;
C. The Instructions to Bidders for the Project, dated April 13, 2026; D. Contractor’s Bid for the Project, dated May 11, 2026 (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 May 11, 2026 (“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.
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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 thirty-nine thousand nine hundred eighty-five dollars dollars ($339,985.00) 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 b onds, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising 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 THIRTY (30) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidat ed 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 sh all 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 insurance 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 officials, of ficers, 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 fi le 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.”
C-3
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 declarations 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 a s 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 limits 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
C-4
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 insu reds 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 subro gation 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 dele te 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 a gainst 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 any 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 requir ements, 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 a nd 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 City's requirements. All certificates and endorsements are to be received and approved by the City before work commences. The Cit y 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 pa rty 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 subcontractor, 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 docume nts 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, i njury, 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 performance 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, age nts, 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 incu rred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any 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 o r 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 Contractor 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 unde r 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 eff ective 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.
11. 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.
12. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or s he 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.
13. 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 negotiations, 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.
14. 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.
15. 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.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BUENA PARK
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By:
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
CRESCENT AVENUE FRONTAGE MEDIAN IMPROVEMENTs
Project Limits (BETWEEN KNOTT AVE. &
WESTERN AVE.)
Legend
Median Improvement Area
1000 ft
N ➤ ➤
N
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