Earmark: North Orange County Public Safety Collaborative Funding
2022
State Budget Earmark: City of Anaheim, City of Brea, City of Buena Park, City of Fullerton, City of Placentia, and City of Stanton: North Orange County Public Safety Task Force
$8,000,000
2022
Federal Budget Earmark: City of Anaheim, City of Brea, City of Buena Park, City of Fullerton, City of Placentia, and City of Stanton: North Orange County Public Safety Task Force
$5,000,000
2022 Department of Parks and Recreation: Statewide Parks Program:
Whitaker School Park $3,190,543
2021
State Budget Earmark: City of Anaheim, City of Brea, City of Buena Park, City of Fullerton, City of Placentia, and City of Stanton: North Orange County Public Safety Task Force
$5,000,000
2021 Southern California Association of Governments: SCAG Sustainable Communities Program: ADU outreach program $30,000 2019 Budget earmark: Historical housing renovations $500,000 2019 Homeless Emergency Aid Grant Program: regional shelter land acquisition $3,062,770
2017
City of Anaheim, City of Buena Park, City of Huntington Beach, City of La Habra, City of Stanton, and City of Westminster:
Transforming Beach Blvd Study
$345,000
2017
City of Anaheim, City of Buena Park, City of Huntington Beach, City of La Habra, City of Stanton, and City of Westminster:
Transforming Beach Blvd Study
$345,000
2017
City of Anaheim, City of Brea, City of Buena Park, City of Fullerton, City of Placentia, and City of Stanton: North Orange County Public Safety Task Force to provide gang prevention and intervention services and homeless prevention and outreach services
$20,000,000
2010 Community Based Transportation Planning Grant $199,117 2013 Housing-Related Parks Program $375,025
2015 Housing-Related Parks Program $358,975
2015 Active Transportation Program Grant $429,262
2016 Sales Tax Rebate $20,000,000
2014 Public Safety Budget Directed Grant $75,000
*Sustainability Supplemental Funding Award
STATE AND FEDERAL LEGISLATIVE ADVOCACY EFFORTS
As part of ongoing advocacy efforts, TPA works with the City to monitor, submit, and advocate for federal and state earmark funding for various priority City projects. The following State and Federal Earmarks are currently pending their respective Budget Processes:
TOTAL EARMARKS PENDING: $5,746,868
Earmark
Type
Project
Status
Amount
Pending
Federal
Sewer Upsizing Project
Selected by Congressman
Tran for inclusion into the
STAG Bill; Pending Passage
of Bill
$746,868
State North SPA Navigation Center
Funding
Submitted by delegation
members, awaiting direction
from leadership and budget
committee on next steps
$5,000,000
State Advocacy
• Worked with the City to support AB 1175 (Quirk-Silva), which preserved the operation of existing redevelopment-era signage, allowing the continued use of the Buena Park Nissan sign for both dealership advertising and City communications.
• Developed and updated the City's Legislative Platform, creating a streamlined framework that allows Buena Park to quickly engage on legislation consistent with Council-adopted policy priorities.
• Assisted the City in navigating Surplus Land Act challenges associated with economic development opportunities, coordinating discussions with HCD, legislative offices, and stakeholders to identify workable solutions.
• Successfully prepared and submitted the City's application to the SCAG Sustainability Awards, resulting in recognition of the Silverado Trail Phase 2 Project in the "Active, Healthy, and Safe Communities" category.
• Advised the City during development of its Climate Action and Adaptation Plan and identified future state and federal funding opportunities to support implementation efforts.
• Led advocacy efforts opposing the California High-Speed Rail Authority's proposed Tax Increment Financing District concept, protecting local revenues and preserving local control over future economic development investments.
• Monitored and engaged on legislation impacting local authority and project delivery, including opposition efforts related to AB 2170 (CEQA translation requirements), AB 2569 (CEQA expansion related to natural hazards), SB 1075 (community emissions reduction planning mandates), and AB 956 (expanded ADU ministerial approvals).
• Supported AB 1436 (Ávila Farías), legislation intended to protect local governments from indirect fleet compliance mandates and cost increases associated with CARB's Advanced Clean Fleets regulations.
State Budget Advocacy
• Led a regional state budget advocacy campaign on behalf of Buena Park and North Orange County SPA partners to secure funding for the Navigation Centers and
homelessness response system serving Buena Park, Brea, Fullerton, La Habra, Placentia, Stanton, and neighboring communities.
• Coordinated a multi-city coalition, developed budget request materials, secured support from multiple members of the Orange County legislative delegation, and worked directly with legislative and budget committee staff to advance the request through the state budget process.
• Positioned the North Orange County homelessness response model as a statewide example of regional collaboration and service delivery, helping elevate the profile of Buena Park's leadership role in addressing homelessness.
• Advised City staff and regional partners regarding opportunities to pursue state funding for the Affordable Housing Access Platform (AHAP), including identifying potential legislative champions, evaluating funding pathways, and developing a strategy that complemented rather than competed with Buena Park's Navigation Center budget priorities.
Federal Advocacy
• Coordinated a Washington, D.C. advocacy trip for City leadership, facilitating meetings with federal agencies, congressional offices, and the White House Office of Intergovernmental Affairs to advance Buena Park's priorities.
• Successfully secured $1 million in FY 2024 federal funding for a municipal water well construction project through the federal appropriations process.
• Successfully secured $5 million in FY 2023 federal funding for the North Orange County Public Safety Task Force.
• Successfully secured $5 million in FY 2022 federal funding for the North Orange County Public Safety Task Force.
• Advanced the City's FY 2027 federal appropriations request for the Sewer Upsizing Project. The project successfully cleared House Appropriations Committee review and was included in the House Interior and Environment Subcommittee markup bill at $746,848, representing a major milestone in the federal funding process and positioning the project favorably for inclusion in the final appropriations package.
Ongoing Strategic Advisory Services
• Serve as an extension of City staff by providing strategic counsel on legislative, regulatory, budget, funding, and policy matters affecting Buena Park.
• Regularly engage with state agencies, legislative offices, congressional offices, regional partners, and statewide associations to advance City priorities and resolve emerging issues.
• Monitor hundreds of bills annually and provide recommendations regarding support, opposition, amendments, and advocacy opportunities impacting local governance, economic development, housing, public safety, infrastructure, and fiscal stability.
GRANT FUNDING EFFORTS
Townsend Public Affairs works alongside the City of Buena Park to provide grant writing services as a monthly retainer. Townsend Public Affairs sends monthly grant opportunities memos detailing strategic, upcoming grant opportunities for City projects and regularly meets with Staff to strategize, identify, prepare, submit, and advocate for grant applications and priority City projects for grant funding.
The table below details all grant applications that are currently pending for funding that TPA has submitted alongside the City:
TOTAL PENDING: $975,406
Date
Submitted Project Amount
Pending
6/4/2026 CNRA Urban Greening Grant – Coyote Park Project $951,406 5/28/2026 USTA Tennis Venue Services Grant – Bellis Park Resurfacing $24,000 Application
in
Progress
Transformative Climate Communities Pre-Development Grant :
Citywide Sustainability Improvements TBD
Application
in
Progress
DPR Statewide Parks and Community Development Program:
Identified for Late 2026 Submittal when program opens 8/2026 TBD
SUSTAINABILITY EFFORTS
TPA works alongside the City of Buena Park and their Sustainability Team as part of supplemental contracted sustainability strategy efforts, to implement the long- term funding strategies listed in the City’s Adopted Climate Action and Adaptation Plan.
TPA assisted the City throughout the Vendor Procurement and Selection Process to select a vendor who reflected the long-term funding strategy needs for the City in 2023. With the adoption of the final CAAP , TPA meets regularly with the City’s Sustainabilit y Team to develop a unique advocacy and funding platform for the City’s Sustainability Goals and CAAP Implementation Measures, including the following:
• TPA worked with the City in February 2026 to apply and submit an application to CARB’s Planning and Capacity Building Grant
• TPA worked with the City to submit a notice of intent to apply to CNRA’s Urban Greening Grant Program in June 2026.
• TPA is coordinating with the City to prepare and submit an application to the Transformative Climate Communities Program, due in September 2026.
June 23, 2026
CONSENT CALENDAR
Item No. 4G.
City Council Agenda Report
APPROVE TRACT MAP NO. 19225 AT 8150 LA PALMA AVENUE
PREPARED BY PRESENTED BY
Hector Guzman, Assistant Engineer Hector Guzman, Assistant Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Approve Tract Map No. 19225 at 8150 La Palma Avenue; and 2) Authorize the City Engineer and City Clerk to execute the tract map.
PREVIOUS CITY COUNCIL ACTION
On June 27, 2023, the City Council adopted Resolution No. 14710 approving Vesting Tentative Tract Map No. TT- 21-1.
DISCUSSION
The Final Tract Map for Vesting Tentative Tract Map No. TT-21-1 has been reviewed and found to be in compliance with the conditions of approval adopted by the City Council under Resolution No. 14710 on June 27, 2023. The map subdivides an approximately 25-acre parcel at 8150 La Palma Avenue into six (6) lots for development of 1,302 residential dwelling units with associated parking and site improvements. The map is consistent with the approved vesting tentative tract map, General Plan, General Mixed-Use zoning, and Subdivision Map Act. Approval of the Final Map will allow the map to move forward to recordation.
The tract map has been completed to the satisfaction of the City Engineer and is now ready to be fully executed and recorded. All requirements set by the City and the County have been met. In accordance with City ordinance, City Council approval is required before the map can be recorded.
BUDGET IMPACT
There is no budget impact with the approval of this tract map.
Attachments
Att. 1 of 2 Tract Map No. 19225.pdf
Att. 2 of 2 Resolution No. 14710.pdf
June 23, 2026
CONSENT CALENDAR
Item No. 4H.
City Council Agenda Report
RESOLUTION TO ADOPT AN AMENDED BUENA PARK JOB CLASSIFICATION PLAN TO UPDATESPECIFIED CLASSIFICATIONS IN THE WATER SERVICES DIVISION
PREPARED BY PRESENTED BY
Robert Cravens , Code Enforcement Supervisor Rebecca Valdez, Human Resources Manager
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/Human
Resources Director Aaron France, City Manager
RECOMMENDED ACTION
1) Approve the revised job classification specifications in the Water Services Utilities Division; and 2) Adopt a Resolution to revise the job classification specifications for specified jobs in the Water Services Division.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
Over the past several years, the City has implemented organizational changes within the Public Works Department, including the renaming of the Utilities Division to the Water Services Division and updating some job classification specifications. Human Resources staff has worked with the Department to ensure that job classification specifications are continually reviewed and updated as needed.
Staff has reviewed the existing Water Services Division job classifications and identified several minor revisions necessary to ensure consistency with the current organizational structure and to ensure they accurately reflect the current essential functions, minimum qualifications, and required knowledge, skills and abilities:
Water Loss Specialist
Water Quality Inspector
Lead Water Services Technician
Senior Water Services Technician
Water Services Technician
In addition, staff has identified a need to clarify the supervisory responsibilities of the Water Loss Specialist classification. The Water Loss Specialist position was established in 2023 as a supervisory-level position within the Water Services Division. The position was intended to have supervisory responsibilities equivalent to those of the Water Quality Specialist classification, which operates at the same salary grade. However, the current class specification does not fully reflect the supervisory nature of the position.
The proposed revisions are primarily administrative in nature and include updates to division names and existing management titles throughout the Water Services Division job classifications. These revisions ensure that classification specifications accurately reflect the City's current organizational structure.
Staff also recommends revisions to the Water Loss Specialist classification specification to clarify the position's supervisory role and align it with the Water Quality Specialist classification. The proposed language would expressly identify responsibilities that are already included as part of the position's day-to-day duties, including:
Leading, coordinating, and overseeing field maintenance and repair activities to ensure established procedures and standards are followed.
Providing guidance, direction, and technical oversight to the Water Services Technician classification series to ensure the proper maintenance, operation, and repair of the City's water infrastructure.
Coordinating work activities and assisting with the planning and prioritization of maintenance and repair projects.
These revisions do not create a new position or alter the current salary grade assigned to each classification.
Rather, they clarify the scope of responsibilities associated with the Water Loss Specialist position and ensure consistency among supervisory classifications within the Water Services Division.
The adoption of these resolutions are necessary since pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VI, Section 4, new or revised job classification specifications must be submitted to the City Council for approval. In addition, pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VII, Section 2, proposed compensation plans must be submitted to the City Council for approval.
BUDGET IMPACT
There is no budget impact with the approval of this item.
Attachments
Reorganization Plan Water Services Division 2026 Att1of1 Reso.pdf Senior Water Services Technician 2026.06.23.pdf
Water Services Technician 2026.06.23.pdf
Water Quality Specialist 2026.06.23.pdf
Water Loss Specialist 2026.06.23.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, REVISING VARIOUS
JOB CLASSIFICATIONS IN THE WATER SERVICES
DIVISION
WHEREAS, it is the desire of the City Council to revise the job classification s of the Water Loss Speci alist, Water Quality Specialist, Lead Water Services Technician, Senior Water Services Technician, and Water Services Technician; and
WHEREAS, it is the desire of the City Council to amend the Water Services Division job classifications to ensure they accurately reflect the needs of the City;
NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine, and order as follows:
Section 1: The job classification of Water Loss Specialist as described in Attachment No. 1 of this resolution is hereby approved;
Section 2: The job classification of Water Quality Specialist as described in Attachment No. 2 of this resolution is hereby approved;
Section 3: The job classification of Lead Water Services Technician as described in Attachment No. 3 of this resolution is hereby approved.
Section 4: The job classification of Senior Water Services Technician as described in Attachment No. 4 of this resolution is hereby approved.
Section 5: The job classification of Water Services Technician as described in Attachment No. 5 of this resolution is hereby approved.
PASSED AND ADOPTED this 23rd day of June 2026, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________________
Mayor
ATTEST:
RESOLUTION NO. ______
_______________________________
City Clerk
I, Adria M. Vicuna, 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 23rd day of June 2026.
______________________________________
City Clerk
Senior Water Services Technician Page 1/3
Senior Water Services Technician
Department/Division: Public Works/Water Services
Reports To: Operations Manager, Water Services
Manager, Lead Water Services Technician
Provides Direction To: Not applicable
FLSA Exemption Status: Non-exempt
Date Previously Adopted by City
Council:
June 28, 2016
Date Adopted by City Council: June 23, 2026
GENERAL PURPOSE
Under general supervision, performs varied semi -skilled and skilled maintenance and customer service tasks in providing city water services; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Senior Water Services Technician performs a greater range of water maintenance inspection functions and requires more specialized knowledge of water quality testing procedures and equipment utilization than the Water Services Technician.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.
1. Reads and re-reads residential, commercial, and construction site water meters.
2. Investigates delinquent accounts or those having irregular changes in water consumption patterns; talks with customers regarding water quality and water service procedures and the causes of common problems.
3. Operates front-end loader to load and unload materials; operates backhoe to excavate trenches and backfill trenches.
4. Flushes water mains.
5. Locates water lines and sources of leaks; connects or repairs water line breaks and water valves and meters.
6. Checks proper operation of water pumps, surge tanks, wells, and water reservoirs and maintains equipment.
Senior Water Services Technician Page 2/3
ESSENTIAL FUNCTIONS (continued)
7. Takes physical readings of water levels; checks water quality and production readings; takes water samples.
8. Inspects fencing and lighting systems and makes minor electrical repairs.
9. Makes plumbing repairs.
10. Monitors material usage and completes basic work records.
11. Attends periodic training in water quality testing procedures.
12. Completes operational reports pertaining to production facilities, chlorine residual, and sodium chloride usage levels.
13. Receives training in problem solving and methods for diagnosing and correcting malfunctions and resetting relays and control system components.
14. Makes mathematical calculations of water volume stored in reservoirs and water flows in and out of pumping facilities.
15. Locates and marks underground utility lines in response to service alert requests and reads and interprets a basemap.
16. May be required to assist in the sewer division as assigned.
QUALIFICATIONS GUIDELINES
Knowledge of:
Water service maintenance procedures and customer service practices; equipment safety, traffic control, and environmental requirements; operating principles and maintenance methods involving pumps, valves, electric motors, diesel engines, and electronic, computerized and manual control systems; basic principles, methods, practices and techniques utilized in chemical, bacteriological and biological analyses; safety standards and practices and w ater quality testing procedures; effective customer service techniques.
Ability to:
Perform semi -skilled and skilled maintenance work related to water production and service facilities; safely operate hand and power tools, including metering and testing devices, transmission equipment, and machinery; read and interpret data from digital control equipment and micro -computers; accurately read meters, gauges, valve books, blueprints and schematic drawings; complete basic work records; communicate effectively, both orally and in writing; establish and maintain effective working relationships with co-workers, supervisors, and the general public.
Senior Water Services Technician Page 3/3
Education/Training/Experience:
High School graduation or G.E.D. equivalent is required, preferably supplemented by coursework and vocational training in either water distribution or water treatment. Three years of experience involving water distribution, production, maintenance, water quality testing, and customer service is required.
Licenses, Certificates, Special Requirements:
Valid Class B California driver license, acceptable driving record, and evidence of insurance are required.
Depending upon position assignment, a valid Class A California driver license may be required, including Medical Certification and Water Tanker endorsement.
Valid State Water Resources Control Board Water Distribution Operator Grade Level D2 Certificate is required.
May be required to work different shifts and respond to emergency calls during non - regularly scheduled work hours, including nights and weekends.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands
While performing the duties of this class, an employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach above and below shoulder level with hands and arms. The employee frequently is required to talk and hear; stand and walk; sit; climb or balance; bend, stoop, kneel or crouch. The employee must lift and carry hand and power tools weighing up to 50 pounds or more.
The employee must be able to use respirator equipment and work in confined spaces.
Specific vision abilities required for this class include close vision, depth perception, color vision, and the ability to adjust focus.
Mental Demands
While performing the duties of this class, an employee is regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; interact with city staff, other organizations and the public.
WORK ENVIRONMENT
The employee frequently works in extreme outside weather conditions, near moving mechanical parts, in high or precarious places, and is exposed to wet or humid conditions, vibration, fumes or airborne particles, toxic or caustic chemicals, and the risk of electrical shock. The noise level is occasionally loud, at or above 85 decibels.
Water Services Technician Page 1/3
Water Services Technician
Department/Division: Public Works/Water Services
Reports To: Water Services Manager, Lead Water
Services Technician
Provides Direction To: Not applicable
FLSA Exemption Status: Non-exempt
Date Previously Adopted by City
Council
June 28, 2016
Date Adopted by City Council: June 23, 2026
GENERAL PURPOSE
Under moderate supervision, performs routine unskilled and semi -skilled maintenance and customer service tasks related to water production and distribution; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Water Services Technician represents the first level of the Water Services Technician series. Employees in this classification perform less difficult functions that require less specialized knowledge of water services maintenance practices, equipment use, and reporting procedures than the Senior Water Services Technician and Lead Water Services Technician.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.
1. Reads residential, commercial, and construction site water meters.
2. Assists in the installation and repair of water meters and clears meter areas of excess water, weeds, and debris.
3. Turns water valves on and off and assists in the flushing of water mains.
4. Assists in locating, repairing, and servicing water lines or valves.
5. Answers basic inquiries from customers regarding water pressure, water quality, and service procedures.
6. Makes minor plumbing repairs.
7. Inspects fencing and lighting systems.
Water Services Technician Page 2/3
ESSENTIAL FUNCTIONS (continued)
8. Completes basic work records.
9. May operate front -end loader and backhoe for training purposes under supervisory direction.
10. May be required to assist in the sewer division as assigned.
QUALIFICATIONS GUIDELINES
Knowledge of:
Water service maintenance procedures and customer service practices; basic operating principles involving pumps, valves, electric motors, diesel engines and electronic, computerized and manual control systems; basic functions and servicing requirements of the equipment used in a potable water treatment facility; basic principles, methods, practices and techniques utilized in chemical, bacteriological and biological analyses; safety standards and practices; effective customer service techniques.
Ability to:
Perform unskilled and semi -skilled maintenance work related to water production and distribution; safely operate hand and power tools, including metering and testing devices, transmission equipment, and machinery; accurately read meters and gauges; complete basic work records; communicate effectively, both orally and in writing; establish and maintain effective working relationships with co -workers, management, and the general public.
Education/Training/Experience:
High School graduation or G.E.D. equivalent is required, preferably supplemented by coursework and vocational training in either water treatment or water distribution. Six months of experience involving unskilled or semi -skilled street construction and maintenance, or water service maintenance and repair, and customer service is required.
Licenses, Certificates, Special Requirements:
Valid State Water Resources Control Board Water Distribution Operator Grade Level D1 certification is required within one year of appointment to this position.
Valid Class C California driver license, acceptable driving record, and evidence of insurance are required.
Depending upon position assignment, a valid Class B California driver license may be required, including Medical Certification and Water Tanker endorsement.
May be required to work different shifts and respond to emergency calls during non - regularly scheduled work hours, including nights and weekends.
Water Services Technician Page 3/3
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands
While performing the duties of this class, an employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to sit, stand, and walk; climb or balance; stoop, kneel, or crouch. The employee must be able to talk and hear. The employee must be able to lift and carry hand and power tools weighing up to 50 pounds or more.
Specific vision abilities required for this class include close vision, color vision, depth perception, and the ability to adjust focus.
Mental Demands
While performing the duties of this class, an employee is regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; interact with city staff, management, and the general public.
WORK ENVIRONMENT
The employee frequently works in extreme outside weather conditions, near moving mechanical parts, in high or precarious places, and is exposed to wet or humid conditions, vibration, fumes or airborne particles, toxic or caustic chemicals, and the risk of electrical shock. The noise level is occasionally loud, at or above 85 decibels.
Water Quality Inspector Page 1/4
Water Quality Specialist
Department/Division: Public Works/Water Services
Reports To: Operations Manager, Water Services
Manager
Provides Direction To: Water Services Technician, Sr. Water Services Technician, Lead Water Services
Technician
FLSA Exemption Status: Non-exempt
Date Previously Adopted by City
Council:
March 28, 2017
Date Adopted by City Council: June 23, 2026
GENERAL PURPOSE
Under general supervision, coordinates water quality sampling and inspection programs; administers backflow prevention testing and certification processes; prepares public education materials, water quality reports, and emergency response plans; leads, trains, and checks the work of assigned employees; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Water Quality Specialist is distinguished from the Water Services maintenance classifications in that the primary job functions are administrative in nature and focus on public education and reporting practices as opposed to field maintenance functions.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.
1. Reviews water quality sampling records collected by the private lab, including coliform, temperature, chlorine residual, PH, color, and fluoride levels; prepares monthly water quality statistics as part of the California Department of Public Health reports.
2. Tracks and reviews monthly water production statistics, including water well and imported water usage as part of in -house and state reports; investigates and reports upon problems related to water production and distribution.
3. May lead, coordinate, and o versee field maintenance repairs ensuring appropriate water quality processes are followed, including water main disinfection, flushing, and testing.
4. Provides guidance to the Water Services Technician classification series to ensure appropriate maintenance and repair of the City’s water production facilities, including water wells, imported water connections, and the water reservoir.
Water Quality Specialist Page 2/4
ESSENTIAL FUNCTIONS (continued)
5. Investigates public complaints and requests for information, and responds to survey requests from other entities.
6. Prepares the annual Customer Confidence Report (CCR), including public information summaries and articles for water users.
7. Assists in preparation and updates to the City’s Public Health Goal Report.
8. Provides data for the annual Water Budget, including cost estimates associated with proposed groundwater usage, imported water, water production, well maintenance, and proposed water well rehabilitation work.
9. Prepare and file the annual Electronic Annual Report (EAR) with the California State Water Board.
10. Assists in tracking and reporting of the City’s monthly water conservation program.
Files monthly water conservation report with the State Water Board.
11. Administers Backflow Prevention Program, including the preparation and review of inspection, testing, and operating annual reports from industrial, commercial, multi - family, and single family residences; arranges for distribution of test report notifications, and reviews and updates records of completed tests and issued certifications.
12. Prepares and updates Emergency Response Plans (ERPs), city water quality reports, and water vulnerability assessments; works with the Water Emergency Response Organization of Orange County (WEROC) and Metropolitan Water District of Orange County (MWDOC) to test operations of emergency response radio systems.
13. Reviews plans and specifications associated with rehabilitation of the city’s water wells; prepares cost estimates; requests and organizes bids received from water contractors.
14. Prepares purchase requisitions and check requests associated with water production billings for services.
15. Assists the Water Services Superintendent with plan review and comments related with water main and sewer main locations for various projects and maintenance services.
16. Assists the Public Works Inspectors with technical direction related to water system connection and construction including flushing and water quality sampling plan.
17. Plans, administers, and updates information collected through Supervisory Control and Data Acquisition (SCADA) telemetry systems and works with controls to troubleshoot and correct systems problems.
Water Quality Specialist Page 3/4
ESSENTIAL FUNCTIONS (continued)
18. Coordinates field work with water crews in the absence of the Water Services Superintendent.
19. Operates SCADA system and reports findings and changes to the Water Services Superintendent and system operators.
20. May participate in the preparation and presentation of performance appraisals.
QUALIFICATIONS GUIDELINES
Knowledge of:
State and federal water quality regulations and water treatment and inspection procedures; water distribution systems and SCADA control systems; water service maintenance procedures and customer service practices; basic operating principles and maintenance methods involving pumps, valves, electric motors, diesel engines and electronic, computerized and manual control systems; safety standards and practices and water quality testing procedures and monthly reporting req uirements; budgeting procedures; principles and practices related to supervision and training; effective customer service techniques.
Ability to:
Plan, organize, assign, lead , and inspect work and motivate and evaluate the work of assigned employees; prepare monthly state and federal water quality reports; read and interpret water and sewer construction plans and profile drawings of new commercial and residential tracts; prepare letters, correspondence and memos pertaining to water quality, safety, and planning practices; communicate effectively, both orally and in writing; establish and maintain effective working relationships with staff, management, water resources agencies, and the general public.
Education/Training/Experience:
High School graduation or G.E.D. equivalent is required. Four years of experience involving water production, distribution, and quality testing , including public information assignments is required, preferably including work in a lead role.
Licenses, Certificates; Special Requirements:
Valid Class C California driver license, acceptable driving record, and evidence of insurance are required.
American Water Works Association (AWWA) or University of Southern California (USC) certification as a Cross Connection Control Specialist is required within one year of appointment.
Possession and retention of the Backflow Prevention Assembly Tester Certification with the American Water Works Association (AWWA) is required within one year of appointment.
Valid State Water Resources Control Board Water Distribution Operator Grade Level D3 Certificate is required.
Water Quality Specialist Page 4/4
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is regularly required to walk; talk or hear in person; stand, sit, climb or balance; stoop, kneel, crouch, or crawl; smell; use hands to finger, handle, feel or operate objects, tools or controls; and reach above and below shoulder level with hands or arms. The employee frequently is required to stand.
The employee must lift and carry hand and power tools weighing up to 50 pounds or more. The employee must able to use respirator equipment and work in confined spaces.
Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to adjust focus.
Mental Demands
While performing the duties of this class, an employee is regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; interact with city staff, other water organizations, vendors, management, and the general public.
WORK ENVIRONMENT
While performing the duties of the job, the employee is regularly required to work in outside weather conditions, near moving mechanical parts, and is exposed to wet or humid conditions. The noise level in the work environment is occasionally loud.
Water Loss Specialist Page 1/4
Water Loss Specialist
Department/Division: Public Works/Water Services
Reports To: Water Services Manager
Provides Direction To: Water Services Technician, Sr. Water Services Technician, Lead Water Services
Technician
FLSA Exemption Status: Non-Exempt
Date Previously Adopted by City
Council:
July 11, 2023
Date Adopted by City Council: June 23, 2026
GENERAL PURPOSE
Under general direction, assists with designing, planning, organizing , and implementing water efficie ncy programs related to distribution system water loss prevention and revenue recovery; a ssists with targeting program activities to redu ce real and apparent water loss; and tracking and reporting data from field investigations for use in water loss reporting and program evaluation ; leads, trains, and che cks the work of assigned employees; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Water Loss Specialist is distinguished from the Water Quality Specialist classification in that th is position works closely with division staff to coordinate water conservation efforts in the community. The Water Loss Specialist works independently and as part of a team to administer programs, projects, and activities to encourage efficient water use practices by coordinating and participating in water conservation information campaigns, monitoring residential and business water usage, and performing water usage activities in the field.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.
1. Plans, develops, implements, and assesses residential, commercial, and institutional water conservation programs, projects, and activities; coordinates efforts with staff, outside agencies, and o ther parties; assesses outcomes, and provides recommendations.
2. Performs a variety of customer service functions related to water use efficiency; responds to and provides timely information and materials to customers in writing, on the phone, or in -person regarding water usage and conservation; and provides information regarding available incentive and rebate programs.
Water Loss Specialist Page 2/4
ESSENTIAL FUNCTIONS (continued)
3. May lead, coordinate, and oversee field maintenance repairs ensuring appropriate processes are followed.
4. Provides guidance to the Water Services Technician classification series to ensure appropriate maintenance and repair of the City's water infrastructure.
5. Gathers, enters, maintains, reviews, and analyzes water usage data; conducts water surveys and related studies; develops water conservation incentives; and prepares reports, correspondence, and related documents.
6. Educates customers regarding water usage, the City's water use rate structure, and water conservation; develops water usage and conservation content; prepares and disseminates informational brochures and other materials for outreach efforts; and attends, participates in, and makes presentations to community workshops and other events.
7. Monitors monthly usage data and notifies customers of excess usage.
8. Solicits, schedules, and conducts on-site surveys, investigations, and inspections for high water use for residential, commercial, industrial, and landscape customers; provides assistance in detecting water leaks, performs isolation and shutdown tests, operates distribution system valves, and evaluates irrigation and domestic water use; and makes recommendatio ns on efficient water use techniques, methods, and practices.
9. Researches and assists with potential water conservation grants.
10. Assists in monitoring water conservation program participation and metrics; assists in managing program schedules, budgets, and consultant resources; and helps coordinate related contracts, agreements, and purchase orders.
11. Confers with representatives of the landscape profession, other water agencies, industry associations, and manufacturers and vendors of water devices to remain current on new developments in the field of water use efficiency.
12. Represents the City at professional and industry group meetings.
13. Complies with safety work practices and attends relevant safety training.
14. Performs other duties as assigned.
QUALIFICATIONS GUIDELINES
Knowledge of:
Principles and practices of water use efficiency and water conservation; pertinent federal, state, and local public sector laws, codes, and regulations; methods of public information, education, outreach, and marketing program development and administration; municipal water system and water service components; water efficient landscaping techniques; fundamentals of plumbing fixtures, irrigatio n systems, water meters, and other water conservation equipment; principles and practices of effective led supervision; effective public information principles and techniques; research methods and techniques, Water Loss Specialist Page 3/4
statistical analysis, and applicable quantitative methods; principles of mathematics; principles and practices of data collection, business letter writing, and report preparation; proper English usage, grammar, and punctuation; principles of communication and public speaking; effective customer service techniques; record management practices and procedures; basic safety practices and procedures; safe driving principles and practices; modern office procedures, methods, and equipment, including computers and office software applications.
Ability to:
Perform a variety of complex water conservation assignments; understand, interpret, and apply Citywide and departmental codes, policies, and procedures, and applicable federal, state, and local policies, laws, and regulations; recommend, implement, and eva luate programs; track water usage and consumption; lead other employees; develop and disseminate information and materials; collect and compile data; conduct complex research projects and make sound recommendations; assist with grants; perform complex arithmetic and basic statistical calculations accurately; prepare clear and concise comprehensive technical staff reports, correspondence, and other written materials; make oral presentations; communicate tactfully, clearly, and concisely, both orally and in writing; make sound decisions within established policy and procedural guidelines; follow written and oral directions appropriately; perform work effectively without close supervision; plan, organize, and prioritize a variety of work, projects, and multiple tasks in an effective and timely manner to meet deadlines; maintain appropriate, accurate, and effective recordkeeping; operate office equipment, including computer equipment and office software applications; and establish and maintain effective working r elationships with other City employees, consultants, other government and non -government representatives, the public, and those contacted in the scope of work.
Education/Training/Experience:
Associate’s Degree from an accredited college or university with major coursework in environmental studies, water resources, business administration, public administration, marketing, or a related field is required . Two years of experience involving water conservation programs, water resources operations, or a related field of work involving public contact, preferably for a municipal or water agency. Additional relevant work experience may substitute for the educational requirement.
Licenses, Certificates; Special Requirements:
A valid Class C Cal ifornia driver’s license, acceptable driving record, and evidence of insurance are required.
Must be willing and able to work evenings, nights, weekends, and holidays, as needed.
Possession and retention of the Water Use Efficiency Practitioner Grade 1 certification with the American Water Works Association (AWWA) is required by the end of the probationary period and is a condition of continued employment in this job classification.
Valid State Water Resources Control Board Water Distribution Operator Grade Level D3 Certificate is highly desirable.
Water Loss Specialist Page 4/4
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is regularly required to walk; talk or hear in person; stand, sit, climb or balance; stoop, kneel, crouch, or crawl; smell; use hands to finger, handle, feel or operate objects, tools or controls; and reach above and below shoulder level with hands or arms. The employee frequently is required to stand.
The employee must lift and carry hand and power tools weighing up to 50 pounds or more. The employee must be able to use respirator equipment and work in confined spaces.
Specific vision abilities required by this job include close vision, color vision, depth perception, and the ability to adjust focus.
Mental Demands
While performing the duties of this class, an employee is regularly required to use written and oral communication skills; read and interpret data, information , and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; interact with city staff, other water organizations, vendors, management, and the general public.
WORK ENVIRONMENT
While performing the duties of the job, the employee is regularly required to work in outside weather conditions, near moving mechanical parts, and is exposed to wet or humid conditions. The noise level in the work environment is occasionally loud.
June 23, 2026
CONSENT CALENDAR
Item No. 4I.
City Council Agenda Report
RESOLUTION APPROVING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27
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
1) Adopt a resolution approving the annual appropriations limit for fiscal year 2026-27.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The appropriations limitation imposed by Proposition 4 (Article XIII B of the California Constitution) creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The limit is based on actual appropriations from the 1978-79 fiscal year and is adjusted each year by the percentage change in population and inflation.
In June of 1990, Proposition 111 and SB 88 (Chapter 60/90) were passed modifying the Proposition 4 annual adjustment factors. Each city may now annually elect to use either the percentage change in California Per Capita Income or the percentage change in the non-residential assessed valuation due to new construction within the city and the percentage change in either the city’s or the county’s population.
Staff has calculated the 2026-27 appropriations limit utilizing the percentage change in California Per Capita Income and the percentage change in the County’s population. The fiscal year 2026-27 appropriations limit is calculated to be $425,411,078. The projected proceeds from taxes for 2026-27 are $104,208,210, which is $321,202,868 or 75.50%, below the appropriations limitation.
BUDGET IMPACT
There is no fiscal impact with the adoption of this resolution.
Attachments
Approp Limit 26-27 Att1of2 Reso.pdf
Approp Limit 26-27 Att2of2 Exhibit A.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, APPROVING AND
ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2026-27
WHEREAS, the voters of California on November 6, 1979, added Article XIII B to the State Constitution placing various limitations on the appropriations of the State and Local Governments; and
WHEREAS, Article XIII B provides that the appropriatio ns limit for fiscal year 20 26-27 is calculated by adjusting the 1978-79 base year appropriations for changes in the population and inflation; and
WHEREAS, the voters of California on June 5, 1990 approved Proposition 111 and SB 88 (Chapter 60/90) modifying Article XIII B by allowing the selection of annual adjustment factors; and
WHEREAS, the City of Buena Park has complied with all the provisions of Article XIII B of the California Constitution as modified by Proposition 111 and SB 88 in determining the appropriations limit for fiscal year 2026-27.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve that the appropriations limitation for the City of Buena Park for fiscal year 2026-27 shall be $425,411,078 as set forth in the attached Exhibit A.
PASSED AND ADOPTED this _____ day of _______________ _____, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Vicuna, 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 _____ day of ________________ _____.
______________________________________
City Clerk
Exhibit A
CITY OF BUENA PARK
Schedule of Annual Appropriation Limitation
for Fiscal Year 2025-26 and 2026-27
2025-26 2026-27
Cumulative Growth Rate 1.0662% 1.0456%
Appropriations Limit $406,858,338 $425,411,078
Projected Revenues from Proceeds of Taxes$103,145,600 $104,208,210 Amount of Projected Revenues Below
the Maximum Revenue Allowed $303,712,738 $321,202,868
Percentage Under Appropriation Limitation74.65% 75.50%
Article XIIIB of the California Constitution, more commonly known as the Annual Appropriation Limitation or "Gann Limit", specifies the amount of allowable revenue that the City of Buena Park can appropriate from the proceeds of taxes. The City's revenues from proceeds of taxes are projected to be approximately $321 million, or
75.50%, below its Gann Limit for the 2026-27 fiscal year. In accordance with Proposition 111, the Appropriation Limitation is calculated utilizing a format based on the percentage change in the County's population and the percentage of growth in the State's per capita personal income.
June 23, 2026
CONSENT CALENDAR
Item No. 4J.
City Council Agenda Report
RESOLUTION AUTHORIZING THE PURCHASE OF DIFFERENCE IN CONDITIONS COVERAGE (I.E.EARTHQUAKE INSURANCE) FOR ESSENTIAL CITY FACILITIES
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/Human
Resources Director Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution authorizing the purchase of difference in conditions coverage (i.e. earthquake insurance) for essential City facilities; 2) Authorize the City Manager to execute any necessary documents to bind coverage; and, 3) Allocate funds in the amount of $239,908 for this purpose.
PREVIOUS CITY COUNCIL ACTION
At the June 27, 2017, City Council meeting, the City Council discussed insuring essential City facilities during the FY 2017-18 budget discussion and directed staff to move forward with the purchase of difference in conditions coverage (i.e. earthquake coverage) annually. Coverage was last renewed at the City Council meeting of June 24, 2025, for one year and will expire on June 30, 2026.
DISCUSSION
Under the City's Memorandum of Coverage (MOC) with the California Insurance Pool Authority (CIPA), the City purchases General Liability, Employer Practices Liability, Crime Liability, Property Loss, Pollution Liability, Cyber Liability, and excess Workers' Compensation coverages through the CIPA insurance broker, Aon Risk Solutions.
Earthquake coverage is excluded from this policy, but may be purchased separately.
The quote obtained by the City's insurance broker covers all essential facilities for $40 million total coverage, with a 5% deductible for earthquake claims. The covered facilities include:
CITY HALL
POLICE STATION
FIRE STATION NO. 61
FIRE STATION NO. 62
FIRE STATION NO. 63
RESERVOIR (20 MILLION GAL.)
RESERVOIR PUMP HOUSE BLDG
LINDEN CIRCLE PUMP HOUSE
WELL - BALL WELL
WELL - BOISSERANC WELL
WELL - CABALLERO WELL
WELL - FREEWAY WELL
WELL - HOLDER WELL
WELL - KNOTT AVENUE WELL
WELL - LINDEN WELL
WELL - SMITH-MURPHY WELL
Overall, this year’s renewal reflects favorable pricing, with overall program costs decreasing while maintaining consistent coverage. The total program premium is down approximately -34%, compared to the prior year. The primary $10M layer with Lexington & Arch decreased to $109,694.79 while the $20M excess layer with Catalytic / Lloyd’s decreased to $114,736.16, resulting in a total premium of $224,430.95. The program structure, limits, and the 5% earthquake deductible remain unchanged.
In addition to renewing at expiring limits, the City also obtained pricing for expanded limit options. Increasing the program to $40M total limits (a $30M instead of $20M excess layer) would result in a total premium of $130,213.16, representing an additional $15,478. This option provides the City with the opportunity to secure broader earthquake protection at a reasonable incremental cost while remaining under budget.
BUDGET IMPACT
The cost to renew the $40 million Earthquake Insurance policy, which insure all the essential City facilities listed above, will be approximately $239,908 per year. Funds from the Public Liability Self Insurance Fund are included in the proposed FY 2026-27 budget for this purpose.
Attachments
Reso Earthquake Insurance Att 1of2 Reso.pdf
2026 City of Buena Park Renewal Proposal DIC Earthquake.pdf RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, AUTHORIZING THE
PURCHASE OF DIFFERENCE IN CONDITIONS
COVERAGE (I.E. EARTHQUAKE INSURANCE) FOR
ESSENTIAL CITY FACILITIES
WHEREAS, the City desires to insure essential City facilities owned by the City against earthquakes; and
WHEREAS, the City’s insurance broker has marketed the Differences in Conditions coverage and has recommended that the City purchase its earthquake coverage from Lexington Insurance Company/Arch Insurance Company and Underwriter at Lloyd’s of London-Catalytic; and
WHEREAS, The City desires to provide the following facilities with $4 0,000,000 total coverage:
CITY HALL
POLICE STATION
FIRE STATION NO. 61
FIRE STATION NO. 62
FIRE STATION NO. 63
RESERVOIR (20 Mil Gal.)
RESERVOIR PUMP HOUSE BLDG
LINDEN CIRCLE PUMP HOUSE
WELL - BALL WELL
WELL - BOISSERANC WELL
WELL - CABALLERO WELL
WELL - FREEWAY WELL
WELL - HOLDER WELL
WELL - KNOTT AVENUE WELL
WELL - LINDEN WELL
WELL - SMITH-MURPHY WELL
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Manager is hereby authorized and directed to enter into a contract with Lexington Insurance Company and Underwriter at Lloyd’s of London for Difference in Conditions Coverage to provide Earthquake Insurance for the essential City facilities.
Section 2. The cost of the premium is not to exceed $239,208 for the 12-month period commencing July 1, 2026.
RESOLUTION NO. _______
Section 3. The Difference in Conditions Coverage quotation is attached as Exhibit A.
PASSED AND ADOPTED this 23
rd day of June 2026, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Vicuña, 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 23
rd day of June 2026.
______________________________________
City Clerk
Aon Risk Insurance Services West, Inc.
CA License #: 0363334
Proprietary & Confidential
City of
Buena Park
Renewal Proposal
DIC Earthquake
Term: 7/1/2026 - 7/1/2027
May 19, 2026
Proprietary & Confidential
Contents
Executive Summary
Insured’s Acknowledgement and Instruction to Bind
Aon Service Team
Details of Coverage / Policy Term / Premium
• Difference in Condition (including Earthquake)
Commercial Risk Solutions U.S. Business Terms
Appendix
• Commission Disclosure Report
• Copies of insurer quotes
2 This insurance document is furnished to you as a matter of information for your convenience. It only summarizes the listed proposed policy(ies) and is not intended to reflect all the terms and conditions or exclusions of such proposed policy(ies). Moreover, the information contained in this document reflects proposed coverage as of the effective date(s) of the proposed policy(ies) and does not include subsequent changes. This document is not an insurance policy and does not amend, alter or extend the coverage afforded by the listed proposed policy(ies). The insurance afforded by the listed proposed policy(ies) is subject to all the terms, exclusions and conditions of such policy(ies).
The services and placements outlined in this proposal will be provided in accordance with the terms of the notices and policies set forth in the Commercial Risk Solutions U.S. Brokerage Terms of Service.
Proprietary & Confidential
Proposal Date: xx/xx/20xx
Proprietary & Confidential │ Edition Date: June 24, 2024 Executive Summary
Difference in Conditions (including EQ)
This year’s renewal reflects favorable pricing, with overall program costs decreasing while maintaining consistent
coverage. We worked closely with incumbent markets to
preserve broad terms and deliver savings for the City.
Overall, the total program premium is down by -$115,635.14, or approximately -34%, compared to the prior year. The primary $10M layer with Lexington & Arch decreased to $109,694.79 while the $20M excess layer with Catalytic / Lloyd’s decreased to $114,736.16, resulting in a total premium of $224,430.95.
Prog
ram structure, limits, and th e 5% earthquake deductible remain unchanged.
Difference in Conditions (EQ)
I
n addition to renewing at expiring limits, we also obtain ed pricing for expanded limit options. Increasing the program to $40M total limits (a $30M instead of $20M excess layer) would result in a total premium of $130,213.16, representing an additional $15,47
8.00. This option provides the City with the opportunity to secure broader earthquake protection at a reasonable incremental cost.
3 Proprietary & Confidential
Insured’s Acknowledgement and Instruction to Bind
We hereby acknowledge receipt and review of the information presented in the Renewal Proposal (“Proposal”) dated May 19, 2026 for Dif
ference in Condition (including EQ) and provided in the Compensation for the Value We Deliver disclosure. We hereby instruct Aon Risk Services to bind the insurance program(s) selected by Us and understand that Our instruction to bin d constitutes an acceptance of the terms and conditions and payments described in this Renewal Proposal. We further agree that Aon is entitled to collect from the insurers the compensation set forth in Commission Disclosure Report.
We request binding the following options as indicated below for the July 1, 2026 to July 1, 2027 policy term:
Dat
e: ______________________________________
On behalf of City of Buena Park: ______________________________________ 4 Coverage Carrier Premium Option
Selected
Difference in Condition-incl. EQ – Primary $10M Limit Lexington Insurance Co. & Arch Insurance Co. $109,694.79 □
Difference in Condition-incl. EQ - Excess $20M xs $10M Limit Underwriters At Lloyds of London – Catalytic $114,736.16 □
Difference in Condition-incl. EQ - Excess $30M xs $10M Limit Underwriters At Lloyds of London – Catalytic $130,213.16 □
Aon Service Team
5 Executive Client Contact
Dr. William S. Deeb
Director of Public Entities
+1 213 630 3210
[email protected]
Account Administration
Kyle Powell
Account Executive
+1 213 996 1544
[email protected]
Account Management Brokerage
Difference in Conditions (EQ)
Nathan Arias
Broker
+1 626.721.3284
[email protected]
Proprietary & Confidential
Details of Coverage/Policy Term/Premium
Difference in Condition (Earthquake)
6 Policy Term Expiring Program
7/1/2025 – 7/1/2026
Renewal Program
7/1/2026 – 7/1/2027
% of
Diff
Primary Layer: $10M Lexington Ins Co. /A XV & Arch Ins Co. / A+ XV Excess Layer: $20M xs $10M Lloyds of London – Catalytic / Various Total Insurable Values $105,972,284 $94,454,223 -11%
Combined Premium
Intermediary Fee
CA Taxes & Fees
$326,000.00
$3,650.00
$10,416.09
$216,314.00
$1,200.00
$6,916.95
Total Premium $340,066.09 $224,430.95 -34%
Limits: (including but not limited to)
Per Occurrence/ Aggregate Applying to the Peril of Earthquake, excluding Flood $25,000,000 $25,000,000 Sublimits: $10,000,000 Ordinance or Law Coverage B&C Combined $2,500,000 Sub-limit on Utility Services – Direct Damage Deductibles: EQ — 5% of Values Per Unit of Insurance, subject to a minimum of $25,000 Per Occurrence AOP — $25,000 Per Occurrence
Locations(s): Per Schedule on file with company
Valuation: Replacement Cost-Property Damage & Actual Loss Sustained-Time Element Coinsurance Nil — Values must be reported at 100%
Exclusions (not limited to):
All Other Perils; Flood; Asbestos; Loss Due to Virus or Bacteria; Certain Computer-Related Losses; Chemical and Biological Loss or Damage; Terrorism; Other Exclusions and Limitations Per Form
Subjectivities: - Signed TRIA, D-1 and SOV
Proprietary & Confidential
Commercial Risk Solutions U.S. Brokerage Terms of Service Per Contract.
7 Proprietary & Confidential
Proposal Date: xx/xx/20xx
Proprietary & Confidential │ Edition Date: June 24, 2024 Appendix
• Commission Disclosure Report
• Copies of insurer quotes
8 Proprietary & Confidential
Commission Disclosure Report
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expressed are of a general nature and are not intended
to address the circumstances of any particular
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accurate and timely information, and use s ources w e
consider reliable, there can be no guarantee that such
information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate
professional advice after a thorough examination of the particular situation.
www.aon.com
IMPORTANT NOTICE:
1. The insurance policy that you are applying to purchase is being issued by an insurer that is not licensed by the State of California.
These companies are called “nonadmitted” or “surplus line” insurers.
2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers.
3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised.
4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus line” broker or contact the California Department of Insurance at the toll-free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC’s internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners—is the regulatory support organization created and governed by the chief insurance regulators in the United States.
5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet website:
https://naic.org/state_web_map.htm.
6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus line” broker to obtain more information about that insurer.
7. California maintains a “List of Approved Surplus Line Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov/01-consumers/120- company/07-lasli/lasli.cfm.
8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you.
Date:____________________________
Insured:___________________________
D-1 (Effective January 1, 2020)
City of Buena Park
07/01/2026 - 07/01/2027
Prepared for:
Kyle Powell
AON Risk Services, Inc.
Prepared by:
Daniel Filbey
213.593.3455
[email protected]
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-01
Insurance Proposal
We are pleased to offer the following Quotation for your review which has been obtained solely on the basis of your instructions to us. Note this Quotation may be withdrawn at any time prior to acceptance and coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding.
Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in Producer’s original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions with the insured and for reconciling any differences between this Quotation and your original submission to us.
INSURED:
City of Buena Park
MAILING ADDRESS:
6650 Beach Boulevard
Buena Park, CA, 90621
POLICY TERM:
07/01/2026 - 07/01/2027
INSURER STATUS
Lexington Insurance Company Non Admitted
PREMIUM BREAKDOWN:
Premium $ 53,157.00
CA SL Tax $ 1,594.71
CA Stamping Fee $ 95.68
Total Gross Amount $ 54,847.39
COMMISSION: 10.00 % of premium excluding fees and taxes. Balance is due within 20 days of binding.
25% MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS.
Brown & Riding Insurance Services, Inc., 0592033
Notice Regarding SL-2 Form
The California SL-2 form is now available for digital completion. Please use the following link to access and complete the required form:
https://www.slacal.com/brokers/broker-filing-forms/sl2-form1 When completing the form, enter 2100 - Stand-Alone Earthquake with limits less than or equal to $10M – Commercial Property for Question 2C. A PDF version of the SL-2 is also included for your convenience.
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-01
TERMS
Terms and Conditions per Attached Carrier Document(s)
Perils:
DIC including EQ, excluding Flood - No Exclusion for Ensuing EQ Water Damage Covering:
Covering Real Property (Including Walks, Walkways, Driveways, Patios, and Other Paved Surfaces; Retaining Walls, Fences & Gates; Foundations (above and below ground) & Supports; Underground Property; Light Poles & Signs), including Excavation & Backfill, Business Personal Property & Ordinance or Law
Limits:
$5,000,000 part of $10,000,000 Per occurrence and in the Annual Aggregate as Respects to the Peril of Earthquake
Sub-limits (50%):
Included – Ordinance or Law Coverage A
$5,000,000 p/o $10,000,000 – Ordinance or Law Coverage B & C Combined $2,500,000 – Utility services - Direct Damage and Time Element Coinsurance:
Nil
Valuation:
Replacement Cost
TIV:
$94,454,223
Deductible:
EQ: 5% of Values Per Unit of Insurance, Subject to a Minimum of $25,000 Per Occurrence AOP: $25,000 Per Occurrence
Occurrence Limit of Liability (Item 2b Deleted)
SUBJECTIVITY(IES)
Signed TRIA (Needed to Bind)
Signed SOV (Needed to Bind)
Signed D-1 (Needed to Bind)
60/10 NOC
TRIPRA
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-01
Pursuant to the Terrorism Risk Insurance Act (TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of $3,987 Plus Any Applicable Taxes & Fees.
Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features.
Producer guarantees payment of premium for risks placed through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then the policy may be canceled for non- payment of premium.
By binding this coverage, the Retailer confirms that the prospective insured has (1) been advised of the right to receive policy documents in paper format; and (2) has consented to receive all such documents electronically.
Please note that in placing or attempting to place insurance requested by Producer, we perform several tasks, which may or may not include: review of losses, risk modeling, coverage comparison, coverage negotiation with various carrier representatives, policy review, policy issuance and servicing. We may charge a fee for these services in addition to any commission that may be payable to us by the carrier with which we bind your client’s business. Fees charged at binding will be fully earned. Producer shall be responsible for disclosing to Producer's customer all Brown & Riding fees, income, and charges.
Regards,
Daniel Filbey
To: BROWN AND RIDING INSURANCE SERVICES, INC
633 West 5th Street, Suite 2000
Los Angeles, CA 90071
Attn: Carolyn Smolski
From: Charles Walter
Applicant: City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
eStart# : 344147142
Renewal Of: 017196377-02
Policy
Period:
07/01/2026 -
07/01/2027
Policy Type: Property
State: CA
Premium Summary
Total Premium $53,157.00
Grand Total $53,157.00
Fees & Taxes
Commission 17.5%
Additional Premium for Certified Acts of Terrorism Coverage: $3,987.00 plus tax.
Quoted By
Lexington Insurance Company (BEST RATING: A Excellent; Non-Admitted) Commercial Property
Property Coverage Summary
Property Policy Type: Primary
Limit Type: Per Occurrence
Per Schedule: On File With Company
Limit(s) of Liability: $5,000,000 Part Of $10,000,000
Total Insurable Value: $94,454,223
Cause(s) of Loss: DIC including EQ, excluding Flood
Coverages: Building
Business Personal Property
AOP Deductible(s) per occurrence: $25,000
Valuation: Replacement Cost
Earthquake Percentage Deductible Per Unit: 5%
Earthquake Minimum Dollar Deductible Per
Occurrence:
$25,000
Additional Notes
Limit of Insurance is per occurrence and in the annual aggregate as respects to Earthquake .
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 1 of 9
Item G.5 is removed from form PR 00 03
We offer the following quote subject to
1. A completed, signed and returned Broker Responsible for Surplus Lines Filing Agreement PRIOR to binding.
2. The attached "NOTICE OF TERRORISM INSURANCE COVERAGE" must be completed and signed by the insured. No coverage may be bound without this completed and signed notice.
Additional Coverage Notes
PR0404 (06/15) Utility services - Direct Damage and Time Element Premises No : All
Buidling No : All
Direct Damage Limit of Insurance : 2,500,000
Water Supply Property Checkbox : X
Communication Supply Property(Not including) Checkbox : X Power Support Property (not including) checkbox : X
Covered Property : Per Schedule on File
PR0413 (01/21) Ordinance Or Law Coverage
Premises No : All
Building No : All
Coverage A : X
Coverage B & C Combined Limit of Insurance : $5,000,000 PR1013 (06/15) Flood Exclusion
Flood Zones beginning with A Checkbox : X
Flood Zones beginning with V Checkbox : X
Flood Zone B or Shaded Zone X Checkbox : X
Flood Zone C or Unshaded Zone X Checkbox : X
Flood Zone D Checkbox : X
Levee, floodwall, dam, dike or similar structure Checkbox : X PR1402 (06/15) Additional Covered Property
Premise Number : All
Building Number : All
Description Of Property : Walks, Walkways, Driveways
Premises Number : All
Building Number : All
Description Of Property : Patios, other Paved Surfaces
Premises Number : All
Building Number : All
Description Of Property : Retaining Walls
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 2 of 9
Premises Number : All
Building Number : All
Description Of Property : Fences, Gates
Premises Number : All
Building Number : All
Description Of Property : Foundations (above and below ground) and Supports Premises Number : All
Building Number : All
Description Of Property : Underground Property
Premises Number : All
Building Number : All
Description Of Property : Light Poles
Premises Number : All
Building Number : All
Description Of Property : Sign
Premises Number : All
Building Number : All
Description Of Property : Excavation and Backfill
PR9909 (04/15) Minimum Earned Premium
Minimum Earned Premium Percentage : 25
PRDS05 (06/17) Commercial Property Coverage Part Difference In Conditions Declarations Earthquake Sub-Limit of Insurance : $5,000,000
Building and BPP Deductible Per Occurrence : 25,000
Earthquake Percentage Deductible Per Occurrence : 5
Eathquake Minimum Dollar Deductible Per Occurrence : 25,000 Contributing Insurance Percentage : 50
WWME011 (06/11) Manuscript Endorsement 011
Form Text : This Endorsement Modifies Your Policy. Please Read It Carefully. DESCRIPTION OF PARTICIPATION BY OTHER COMPANIES ENDORSEMENT This endorsement describes insurance that participates with the following: Building and Personal Property Coverage Form Condominium Association Coverage Form Condominium Commercial Unit-Owners Coverage Form Excess Property Coverage Form A. Each of the Insurance Companies participating in the layer participated in by this Coverage Part (hereinafter referred to as the "Participating Companies") agrees to insure only for its respective participation in the layer underwritten for each loss covered under this Coverage Part. The liability of each "Participating Company" will be several but not joint. No "Participating Company" will assume any liability above its respective participation for any covered loss. B. The inability or failure, for any reason whatsoever, of any "Participating Company" to pay its described participation for or relating to any covered loss will not increase, change, or in any way affect the obligation (described participation or otherwise) of any of the other "Participating Companies".
The sole right of the insured is limited to a claim between the Insured and the defaulting "Participating Company". All Date: 5/12/2026 Q uote No: Q 9106288-02 Page 3 of 9
other terms and conditions remain unchanged.
WWME012 (06/11) Manuscript Endorsement 012
Form Title 1 : Notice of Cancellation
Form Text : Cancellation is 60 days except 10 days for non-payment of premium.
WWME013 (06/11) Manuscript Endorsement 013
Form Title 1 : Additional Coverage Notes
Form Text : Additional Covered Property: Walks, Walkways, Driveways, Patios, other Paved Surfaces, Retaining Walls, Fences, Gates, Foundations (above and below ground) and Supports, Underground Property, Light Poles, Sign, Excavation and Backfill. Ordinance or Law Coverage "A", "B" and "C" are within limit of insurance - not in addition to limit. $5,000,000 B&C represent 100% LSIA participation.
WWME014 (06/11) Manuscript Endorsement 014
Form Title 1 : Definition of Occurrence
Form Text : Definition of Occurrence is 168 Hours
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 4 of 9
Form List
Subject to the following Endorsements:
Form No ED Date Form Name
91222 09/16 Policyholder Notice
CP0090 07/88 Commercial Property Conditions
CP0140 07/06 Exclusion of Loss Due to Virus or Bacteria CP1075 12/20 Cyber Incident Exclusion
D-2 01/20 Important Notice
IL0017 11/98 Common Policy Conditions
IL0935 07/02 Exclusion of Certain Computer-Related Losses ILP001 01/04 U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders NTCFR01 10/20 Notice to Policyholders Fraud Notice
PR0003 03/19 Difference In Conditions Coverage Form
PR0404 06/15 Utility services - Direct Damage and Time Element PR0413 01/21 Ordinance Or Law Coverage
PR1013 06/15 Flood Exclusion
PR1207 06/15 Difference In Conditions Amendatory Endorsement PR1402 06/15 Additional Covered Property
PR9909 04/15 Minimum Earned Premium
PRDS05 06/17 Commercial Property Coverage Part Difference In Conditions Declarations WW22 01/21 Service of Suit Endorsement
WW230 01/21 Common Policy Declarations
WW425 02/08 Exclusion of Chemical and Biological Loss or Damage WW458 06/13 Asbestos Exclusion
WW497 01/21 Notice - Claim Reporting
WWCA01 12/11 California Disclosure Notice Premium Refund WWME011 06/11 Description of Participation by Other Companies WWME012 06/11 Notice of Cancellation
WWME013 06/11 Additional Coverage Notes
WWME014 06/11 Definition of Occurrence 168 hours
If the insured accepts Certified Acts of Terrorism Coverage for Property and pays the appropriate premium the following endorsements apply:
IL0986 - Exclusion Of Certified Acts Of Terrorism Involving Nuclear, Biological, Chemical Or Radiological Terrorism; Cap On Covered Certified Acts Losses
If the insured rejects Certified Acts of Terrorism Coverage for Property and does not pay the appropriate premium the following endorsements apply:
IL0953 - Exclusion of Certified Acts of Terrorism
The attached "NOTICE OF TERRORISM INSURANCE COVERAGE" (NTC TR01) must be completed and signed by the insured.
No coverage may be bound without this completed and signed notice.
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 5 of 9
These rates, terms and conditions are valid for 30 days from the date of this Quote.
We are pleased to offer the preceding quotaLon which should be reviewed carefully as the terms and condiLons of coverage may differ from those requested on your application / submission.
Regards,
Charles Walter
Phone:
E-Mail: [email protected]
Please advise your client that Lexington Specialty Insurance Agency, Inc. ("Lexington Specialty") is offering this quote as representative of its affiliated surplus lines insurance company,Lexington Insurance Company.
Lexington Specialty is not acting on behalf of your client and does not seek placements in other surplus lines markets.
You are the surplus lines broker of record and are responsible for the collection, reporting and payment of applicable surplus lines taxes and fees.
If coverage is bound, the premium must be remitted within 30 days of effective date or 15 days from billing, whichever is later. It is your responsibility to follow applicable state surplus lines laws and, in particular, to see that the appropriate surplus lines tax (and stamping fee, if applicable) is collected and paid.
Important: In order to complete the underwriting process, we require that you send us the additional information requested in the subject to information in this letter. We are not required to bind coverage prior to our receipt, review and underwriting approval of the requested information. However, we may bind coverage before we have received, reviewed and approved the information. In such event, we have the right to cancel the insurance upon 10 days notice if the completed and signed Broker Responsible for Surplus Lines Filings Agreement is not received by us within 10 days from the effective date of coverage. Additionally, if we have not received the other information requested within the specified time frame then we have the right to cancel the insurance upon 20 days notice.
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 6 of 9
Insured Name: City of Buena Park
Policy Number:
Submission #: 344147142
Effective Date: 07/01/2026
Gross Premium: $53,157.00
This policy is written on a surplus lines basis by (please check the appropriate box):
☐ AIG Specialty Insurance Company ☒Lexington Insurance Company ☐ Other:
(The following states require that filings be submitted with an individual surplus lines license: AL, AR, DE, FL, GA, ID, IL, IA, KS, KY, MN,MS, MO, MT, RI, SC, SD, TN, VT, WV,
WI, WY)
Insured's Home State: CA Surplus Lines Licensee:
Signature (Typed Script Font/Stamp NOT Permitted) Date (MM/DD/YY) CA/TX: requires the individual surplus lines license number and signature of the licensed agent/broker even if it is not the filing license.
By:
Individual Surplus Lines License Number
Name (Please Print)
Agency/Firm Name (Please Print)
Signature (Typed Script Font/Stamp NOT Permitted) Date (MM/DD/YY) All Others:
By:
Name (Please Print)
Agency/Firm Name (Please Print)
Please complete and return to: [email protected]
BROKER RESPONSIBLE FOR SURPLUS LINES FILING AGREEMENT
Check if either applies:
☐ Unaffiliated Insured Group Policy - a policy issued to a group of named insureds who are not related entities. ☐ Risk Purchasing Group - a policy issued to a legal entity that was created under the Federal Liability Risk Retention Act for the purpose of purchasing group liability insurance.
If one of the above is checked, attach a schedule listing the Surplus Lines filing license for each member's home state.
For completion by Broker if AIG Producer Agreement/Surplus Lines Broker Responsibility Addendum is in place:
Agreement ID # Home State CA Home State SL# or NJ SLA # (if NJ is home state) For completion by Broker if no AIG Producer Agreement/Surplus Lines Broker Responsibility Addendum is in place:
It is agreed that the following surplus lines agent/broker is responsible for all surplus lines filing, reporting, tax and fee collection, and payment requirements imposed by applicable law in the insured's Home State (see attached definition).
Home State Surplus Lines Filing License Number: OR NJ SLA #:
A copy of the surplus lines license referenced above as well as any documentation supporting the payment of surplus lines taxes and applicable fees hereunder will be made available upon request.
CALIFORNIA HOME STATE RISKS:Pursuant to subdivision (b) of Section 1774 of the California Insurance Code, a copy of this Agreement shall be made available to the California Commissioner of Insurance or his or her designee upon request. It is agreed that the responsibility for filing the Confidential Report of Surplus Lines Placement (SL-1 Form) is delegated to the abovementioned surplus lines broker.
TEXAS HOME STATE RISKS:Pursuant to Section 981.223 and 225.006 of the Texas Insurance Code, a copy of this Agreement shall be made available for inspection by the Department of Insurance and the Comptroller of Public Accounts upon request. It is hereby agreed that the responsibility for all filing, reporting, collection, and payment requirements imposed by Chapter 225 and Chapter 981 of the Texas Insurance Code is delegated to the surplus lines agency identified above.
Please complete box 1 or 2
115921 (09/22) © All Rights Reserved
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 7 of 9
DEFINITIONS
HOME STATE -
(A) In general. - Except as provided in subparagraph (B), the term "Home State" means, with respect to an insured - (i) the state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or
(ii) if 100 percent of the insured risk is located out of the state referred to in clause (i), the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. (B) Affiliated Groups. - If more than 1 insured from an affiliated group are named insureds on a single non-admitted insurance contract, the term "Home State" means the Home State, as determined pursuant to subparagraph (A), of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract.
AFFILIATE - The term "affiliate" means, with respect to an Insured, any entity that controls, is controlled by, or is under common control with the Insured.
AFFILIATED GROUP - The term "affiliated group" means any group of entities that are all affiliated.
CONTROL - An entity has "control" over another entity if - (A) the entity directly or indirectly or acting through 1 or more other persons owns, controls or has the power to vote 25 percent or more of any class of voting securities of the other entity; or (B) the entity controls in any manner the election of a majority of the directors or trustees of the other entity.
PRINCIPAL PLACE OF BUSINESS - The term "principal place of business" means, with respect to determining the Home State of the Insured:
(A) the state in which an Insured maintains its headquarters and the Insured's high level officers direct, control, and coordinate the business activities; or
(B) if the Insured is a company which maintains outside any state its headquarters where the Insured's high level officers direct, control, and coordinate the business activities, (for example, a foreign company headquartered in a foreign country), then the state where the largest percentage of the risk resides, i.e. the state to which the greatest percentage of the Insured's taxable premium for the insurance contract is allocated.
PRINCIPAL RESIDENCE - "Principal residence" means, with respect to determining the Home State of the insured, (a) the state where the insured resides for the greatest number of days during a calendar year; or (b) if the insured's principal residence is located outside any state, the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.
STATE - The term "state" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and American Samoa.
SIGNATURE -All signatures need to be wet, electronic, or digital. Stamped, typed, printed, and script font signatures are NOT acceptable.
115921 (09/22) © All Rights Reserved
Date: 5/12/2026 Q uote No: Q 9106288-02 Page 8 of 9
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
(RIGHT TO PURCHASE COVERAGE)
You are hereby noLfied that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase insurance coverage for losses resulLng from acts of terrorism. As defined in SecLon 102(1) of the Act: The term "act of terrorism" means any act or acts that are cerLfied by the Secretary of the Treasury - in consultaLon with the Secretary of Homeland Security, and the ARorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been commiRed by an individual or individuals as part of an effort to coerce the civilian populaLon of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS.
UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% OF COVERED TERRORISM
LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING
FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.
Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage for prospective premium of $3,987.00 I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism
City of Buena Park
Policyholder/Applicant's Signature Account Name
Print Name Date Policy Number
Copyright 2020 National Association of Insurance Commissioners NTC TR01 (01/21) Date: 5/12/2026 Q uote No: Q 9106288-02 Page 9 of 9
City of Buena Park
07/01/2026 - 07/01/2027
Prepared for:
Kyle Powell
AON Risk Services, Inc.
Prepared by:
Daniel Filbey
213.593.3455
[email protected]
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-02
Insurance Proposal
We are pleased to offer the following Quotation for your review which has been obtained solely on the basis of your instructions to us. Note this Quotation may be withdrawn at any time prior to acceptance and coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding.
Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in Producer’s original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions with the insured and for reconciling any differences between this Quotation and your original submission to us.
INSURED:
City of Buena Park
MAILING ADDRESS:
6650 Beach Boulevard
Buena Park, CA, 90621
POLICY TERM:
07/01/2026 - 07/01/2027
INSURER STATUS
Arch Specialty Insurance Company Non Admitted
PREMIUM BREAKDOWN:
Premium $ 53,157.00
CA SL Tax $ 1,594.71
CA Stamping Fee $ 95.68
Total Gross Amount $ 54,847.39
COMMISSION: 10.00 % of premium excluding fees and taxes. Balance is due within 20 days of binding.
25% MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS.
Brown & Riding Insurance Services, Inc., 0592033
Notice Regarding SL-2 Form
The California SL-2 form is now available for digital completion. Please use the following link to access and complete the required form:
https://www.slacal.com/brokers/broker-filing-forms/sl2-form1 When completing the form, enter 2100 - Stand-Alone Earthquake with limits less than or equal to $10M – Commercial Property for Question 2C. A PDF version of the SL-2 is also included for your convenience.
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-02
TERMS
Terms and Conditions per Attached Carrier Document(s)
Perils:
DIC including EQ, excluding Flood - No Exclusion for Ensuing EQ Water Damage Covering:
Covering Real Property (Including Walks, Walkways, Driveways, Patios, and Other Paved Surfaces; Retaining Walls, Fences & Gates; Foundations (above and below ground) & Supports; Underground Property; Light Poles & Signs), including Excavation & Backfill, Business Personal Property & Ordinance or Law
Limits:
$5,000,000 part of $10,000,000 Per occurrence and in the Annual Aggregate as Respects to the Peril of Earthquake
Sub-limits (50%):
Included – Ordinance or Law Coverage A
$5,000,000 p/o $10,000,000 – Ordinance or Law Coverage B & C Combined $2,500,000 –Utility services - Direct Damage and Time Element Coinsurance:
Nil
Valuation:
Replacement Cost
TIV:
$94,454,223
Deductible:
EQ: 5% of Values Per Unit of Insurance, Subject to a Minimum of $25,000 Per Occurrence AOP: $25,000 Per Occurrence
Occurrence Limit of Liability (Item 2b Deleted)
B&R Quota Share form
SUBJECTIVITY(IES)
Signed TRIA (Needed to Bind)
Signed SOV (Needed to Bind)
Signed D-1 (Needed to Bind)
60/10 NOC (Needed to Bind)
TRIPRA
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-02
Pursuant to the Terrorism Risk Insurance Act (TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of $53,157 Plus Any Applicable Taxes & Fees.
Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features.
Producer guarantees payment of premium for risks placed through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then the policy may be canceled for non- payment of premium.
By binding this coverage, the Retailer confirms that the prospective insured has (1) been advised of the right to receive policy documents in paper format; and (2) has consented to receive all such documents electronically.
Please note that in placing or attempting to place insurance requested by Producer, we perform several tasks, which may or may not include: review of losses, risk modeling, coverage comparison, coverage negotiation with various carrier representatives, policy review, policy issuance and servicing. We may charge a fee for these services in addition to any commission that may be payable to us by the carrier with which we bind your client’s business. Fees charged at binding will be fully earned. Producer shall be responsible for disclosing to Producer's customer all Brown & Riding fees, income, and charges.
Regards,
Daniel Filbey
ARCH SPECIALTY INSURANCE AGENCY, INC.
License No: 0D65274
Renewal Quote
Date
To From
Original Insured
Re 3260244
ESP1046808-02
Proposed Policy Period July 1, 2026
Expiration:
Insurer
A+ A+
$94,454,223 Total Insurable Values
Standard & Poor’s Rating:AM Best Rating:
Non-Admitted Carrier
Arch Specialty Insurance Company
(12:01 A.M. Standard time at the address of the Insured shown above) July 1, 2027
Effective:
Please read all of the following terms and conditions shown below carefully as they may not conform to the specifications shown on your submission.
Renewal of:
Property Quotation #:
Buena Park, CA 90621
6650 Beach Boulevard
City of Buena Park
[email protected]
(213)452-7060
Tamar Morkos
VP, E&S Property
+1 213283355
[email protected]
Andreana Lopez
B
rown & Riding Insurance Services,
Inc.
633 West 5th Street Suite 2000
Los
Angeles, CA 90071
May 1, 2026
Archinsurance.com
Tel: (866) 413-5550
Jersey City, NJ 07311-1107
Mailing Address:
Harborside 3
210 Hudson Street, Suite 300
(A Missouri Corporation)
100% Program Limit
(all layers)
Arch Participation
100% Program Sub-
limits
Coverage
The United States of America (Including its territories and possessions) and Puerto Rico As per schedule on file received on 04/29/2026
Difference In Conditions Including Earthquake but excluding Flood - No Exclusion for Ensuing Earthquake Water Damage
subject to policy terms, conditions, and exclusions
Covered Property
Valuation
NIL as respects Real and/or Personal Property
Policy Terms and Conditions
Our limit is subject to no other property insurance participation by any Arch Insurance legal entity, including any MGA writing on behalf of Arch Insurance such as Ventus Risk Management and reThought Insurance Corporation.
Receipt of Primary Policy within 45 days of binding
Additional Covered Property: Walks, Walkways, Driveways, Patios, other Paved Surfaces, Retaining Walls, Fences, Gates, Foundations (above and below ground) and Supports, Underground Property, Light Poles, Signs, Excavation and Backfill.
Definition of Occurrence is 168 Hours
Policy Conditions
Co-Insurance
Covered Perils
Location(s) Covered
Coverage Territory
All Other Perils: $25,000 Per Occurrence
Earthquake: 5% Per unit, subject to $25,000 minimum per occurrence Deductibles
Ordinance or Law Coverage A - Included
Ordinance or Law Coverage B & C Combined - $10,000,000
Utility Services - Direct Damage and Time Element (Excluding Overhead Transmission Lines) - $2,500,000
All sub-limits shown below are the 100% program sub-limits which apply on a ground-up basis over all participating layers of insurance. Arch Specialty Insurance Company’s participation, if any, in such sub-limits shall be in proportion to Arch Specialty Insurance Company’s participation in the overall limits for this account, as detailed in the Participation Section above. Sub-limits are part of and not in addition to the 100% Program Limit shown above and are per occurrence unless otherwise indicated.
50.0000% being $5,000,000 Per Occurrence and Annual Aggregate part of $10,000,000 Per Occurrence and Annual Aggregate and excess of deductibles $25,000,000
(Ground Up – Per Occurrence)
Limit of Liability
Business Personal Property
Replacement Cost as respect to Real and Business Personal Property Real Property
Policy Form Description
Cancellation
Minimum Earned
Premium
Applicable Policy Forms
Form Name
COMMERCIAL PROPERTY DECLARATIONS (ASIC)
SCHEDULE OF FORMS AND ENDORSEMENTS
CALIFORNIA IMPORTANT NOTICE
SIGNATURE PAGE (ARCH SPECIALTY)
CLAIMS HANDLING PROCEDURES (Arch Specialty Ins. Co.)
MINIMUM EARNED PREMIUM CLAUSE PERCENTAGE
COMMON POLICY CONDITIONS
CHOICE OF LAW, CONSENT TO JURISDICTION, LIMITATION OF ACTIONS AND
SERVICE OF SUIT
TERRORISM COVERAGE DISCLOSURE NOTICE
EXCLUSION OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL, OR CHEMICAL
TERRORISM
TOTAL TERRORISM EXCLUSION
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ( OFAC )
OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT
AMENDMENT OF OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT
EXCLUSION AND LIMITED ADDITIONAL COVERAGE FOR FUNGUS
EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA
ELECTRONIC DATA EXCLUSION
POLLUTION AND CONTAMINATION EXCLUSION ENDORSEMENT
ASBESTOS MATERIAL REMOVAL LIMITATION
AUTHORITIES EXCLUSION
APPRAISAL
PRE-EXISTING DAMAGE EXCLUSION
PROPERTY FOLLOWING FORM COVERAGE PART
BROKER POLICY MANUSCRIPT FORM
Premium
$106,315.00
$53,157.00Arch Premium
Arch Share Premium Breakdown
100% Layer Premium excluding TRIPRA
00 EXP0183 00 11 14
00 EXP0132 00 11 14
00 EXP0225 00 03 21
00 EXP0190 00 02 15
00 EXP0189 00 02 15
00 PRP0042 00 06 15
00 PRP0006 00 04 16
00 EXP0192 00 03 15
00 EXP0003 00 08 14
00 EXP0199 00 01 16
00 EXP0078 00 03 24
00 ML0065 00 06 07
00 EXP0125 00 06 06
00 EXP0127 00 06 06
00 MLT0031 00 12 19
00 ML0325 00 03 23
00 EXP0091 00 11 03
00 EXP0009 00 11 14
06 CP0002 00 03 08
06 ML0002 00 12 14
00 ML0213 05 01 20
00 ML0012 00 01 03
06 EXP0001 00 07 16
Form Number
25.00%
60 Days / 10 Days for Non-Payment
Cancellation by Company is on a prorata basis
Cancellation by Insured is on a short rate basis
Excess Property Following Form
Subject To
Signed and Dated Terrorism Disclosure Notice (If Rejected) Surplus Line Broker Information
$53,157.00
$53,158.00
$106,315.00
TRIPRA Certified Acts
of Terrorism
Broker:
Invoice Disclaimer
Surplus Lines Agent
License Number
Tamar MorkosAuthorized by
Signature
This policy will be issued by a surplus lines insurer. Compliance with applicable laws and payment of the surplus lines premium taxes is the responsibility of the Insured, insurance agent or insurance broker. Applicable taxes and fees are not included in the premium due for the insurance coverage bound. It is the responsibility of the Agent/ Broker firm to provide the Company with the name, license number and a copy of the surplus lines broker’s surplus lines license in the state in which the Insured is located (for New Jersey business, please also provide the Surplus Lines Transaction number). It is the responsibility of the Agent/ Broker firm to conform to the Laws and Regulations of the applicable jurisdictions, including but not limited to, payment of surplus lines premium taxes, procuring of affidavits and compliance with surplus lines laws. 0592033
Los Angeles, CA 90071
633 West 5th Street
Suite 2000
Brown & Riding Insurance Services, Inc.
Please advise if there are any questions regarding this quote or if we are to bind.
If, between the date of the original submission and the effective date of the policy, there is a material change in any of the information (including but not limited to claims or potential claims) originally submitted or subsequently requested by Arch, the Insured is required to notify Arch immediately. Arch reserves the right to terminate or modify the terms of this quote in the event of a material change in such information.
This quote is valid for 30 days or until the proposed effective date, whichever occurs first.
17.50%Commission
Premium for the Arch Share for the optional coverage for Certified Acts of Terrorism is as per the provisions of the Terrorism Risk Insurance Program Reauthorization Act of 2019 and is in addition to and not included in the Arch Share premium above. We can include coverage as required by TRIPRA for an additional premium as displayed above. Note that terrorism coverage would not be provided at locations outside of the United States of America. If this optional coverage is rejected, then the attached Terrorism Coverage Disclosure Notice must be signed by the Insured and returned at the time of binding.
Arch Total Premium including TRIPRA
TRIPRA Certified Acts of Terrorism Premium
Arch Total Premium excluding TRIPRA
Payment of premium is due 30 days from the policy effective date. Should the premium not be received by the due date, notice of cancellation for non-payment of premium will be issued.
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TERRORISM COVERAGE DISCLOSURE NOTICE
TERRORISM COVERAGE PROVIDED UNDER THIS POLICY
The Terrorism Risk Insurance Act of 2002 as amended and extended by the subsequent Terrorism Risk Insurance Program Reauthorization Acts (collectively referred to as the “Act”) established a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. An act of terrorism is defined as any act certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
In accordance with the Act, we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The policy’s other provisions will still apply to such an act. This offer does not include coverage for incidents of nuclear, biological, chemical, or radiological terrorism which will be excluded from your policy. Your decision is needed on this question: do you choose to pay the premium for terrorism coverage stated in this offer of coverage, or do you reject the offer of coverage and not pay the premium? You may accept or reject this offer.
If your policy provides commercial property coverage, in certain states, statutes or regulations may require coverage for fire following an act of terrorism. In those states, if terrorism results in fire, we will pay for the loss or damage caused by that fire, subject to all applicable policy provisions including the Limit of Insurance on the affected property. Such coverage for fire applies only to direct loss or damage by fire to Covered Property. Therefore, for example, the coverage does not apply to insurance provided under Business Income and/or Extra Expense coverage forms or endorsements that apply to those coverage forms, or to Legal Liability coverage forms or Leasehold Interest coverage forms.
Your premium will include the additional premium for terrorism as stated in the section of this Notice titled DISCLOSURE OF PREMIUM.
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 80% in years 2020 through 2027 of that portion of the amount of such insured losses that exceeds the applicable insurer deductible during Calendar Year 2020 and each Calendar Year thereafter through 2027.
DISCLOSURE OF CAP ON ANNUAL LIABILITY
If the aggregate insured terrorism losses of all insurers exceed $100,000,000,000 during any Calendar Year provided in the Act, the Secretary of the Treasury shall not make any payments for any portion of the amount of such losses that exceed $100,000,000,000, and if we have met our insurer deductible, we shall not be liable for the payment of any portion of such losses that exceeds $100,000,000,000.
DISCLOSURE OF PREMIUM
Your premium for terrorism coverage is: $53,158.00
(This charge/amount is applied to obtain the final premium.) You may choose to reject the offer by signing the statement below and returning it to us . Your policy will be changed to exclude the described coverage. If you chose to accept this offer, this form does not have to be returned.
REJECTION STATEMENT
City of Buena Park
Arch Specialty Insurance Company
Date: Policy Number: ESP1046808-03
Insurance CompanyPrint Name of Policyholder/Legal
Representative /Applicant
Named InsuredPolicyholder/Legal Representative/Applicant’s Signature
I hereby decline to purchase coverage for certified acts of terrorism. I understand that an exclusion of certain terrorism losses will be made part of this policy.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN
ASSETS CONTROL (“OFAC”)
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of “national emergency”. OFAC has identified and listed numerous:
as “Specially Designated Nationals and Blocked Persons”. This list can be located on the United States Treasury’s web site – http://www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. ●
Front organizations;
●
Terrorist organizations; and
● Narcotics traffickers;
●
Terrorists;
●
Foreign agents;
May 01, 2026
Andreana Lopez
Brown & Riding Insurance Services, Inc.
Sent via Email
ESP1046808-03
July 01, 2026 – July 01, 2027
Dear
Andreana Lopez,
The above captioned policy is written through your office on a surplus lines basis. As a surplus lines broker, you acknowledge and agree it is your responsibility to arrange for the collection and payment of the appropriate surplus lines tax as well as the filings of any applicable tax affidavit.
Please validate the information shown below is correct, or provide any missing information to us as soon as possible but no later than thirty (30) days after the policy effective date. ***** ***** ***** ***** ***** BROKER USE ONLY ***** ***** ***** ***** ***** Regards,
Property Department
Re: City of Buena Park
S/L Agent’s Name: Brown & Riding Insurance Services, Inc.
S/L Agent’s Address:
S/L Agent’s License #:
State in which surplus lines taxes were filed:
Texas: If the Insured filed directly with the State of Texas, please forward to Arch Insurance Group a copy of the completed “Independently Procured Insurance” form New Jersey: Transaction Number required:
CA
0592033
633 West 5th Street, Suite 2000, Los Angeles, CA 90071 T: (866) 413-5550
F: (415) 490 9600
archinsurance.com
Arch Specialty Insurance Agency Inc.
Harborside 3
210 Hudson Street, Suite 300
Jersey City, NJ 07311-1107
City of Buena Park
07/01/2026 - 07/01/2027
Prepared for:
Kyle Powell
AON Risk Services, Inc.
Prepared by:
Daniel Filbey
213.593.3455
[email protected]
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-03
Insurance Proposal
We are pleased to offer the following Quotation for your review which has been obtained solely on the basis of your instructions to us. Note this Quotation may be withdrawn at any time prior to acceptance and coverage may not be bound without prior consent from the insurer as confirmed in writing by Brown & Riding.
Please note that the coverage, terms, and conditions described in this Quotation may differ from those requested in Producer’s original submission. Producer is responsible for reviewing the suitability of coverage, terms, and conditions with the insured and for reconciling any differences between this Quotation and your original submission to us.
INSURED:
City of Buena Park
MAILING ADDRESS:
6650 Beach Boulevard
Buena Park, CA, 90621
POLICY TERM:
07/01/2026 - 07/01/2027
INSURER STATUS
Convex Insurance UK Limited Non Admitted
GuideOne National Insurance Company Non Admitted
HDI Global Specialty SE Non Admitted
Trisura Specialty Insurance Company Non Admitted
Underwriters at Lloyds of London Non Admitted
PREMIUM BREAKDOWN:
Premium $ 110,000.00
Company Fee $ 1,200.00 Fully earned at inception
CA SL Tax $ 3,336.00
CA Stamping Fee $ 200.16
Total Gross Amount $ 114,736.16
COMMISSION: 10.00 % of premium excluding fees and taxes. Balance is due within 20 days of binding.
25% MINIMUM RETAINED PREMIUM IN THE EVENT OF CANCELLATION. NO FLAT CANCELLATIONS.
Brown & Riding Insurance Services, Inc., 0592033
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-03
TERMS
Terms and Conditions per Attached Carrier Document(s)
Perils:
DIC including EQ, excluding Flood - No Exclusion for Ensuing EQ Water Damage Covering:
Covering Real Property (Including Walks, Walkways, Driveways, Patios, and Other Paved Surfaces; Retaining Walls, Fences & Gates; Foundations (above and below ground) & Supports; Underground Property; Light Poles & Signs), including Excavation & Backfill, Business Personal Property & Ordinance or Law coverage A
Limits:
$20,000,000 Excess of $10,000,000 Per occurrence and in the Annual Aggregate as Respects to the Peril of Earthquake
Coinsurance:
Nil
Valuation:
Replacement Cost
TIV:
$94,454,223
Per Primary, Contemplates a Minimum Deductible of:
EQ: 5% of Values Per Unit of Insurance, Subject to a Minimum of $25,000 Per Occurrence AOP: $25,000 Per Occurrence
Occurrence Limit of Liability (Item 2b Deleted)
SUBJECTIVITY(IES)
Signed TRIA (Needed to Bind)
Signed and dated Statement of Values (SOV) is required at time of binding. Until provided, the OLLE will be on the policy (Needed to Bind)
Signed D-1 (Needed to Bind)
60/10 NOC
TRIPRA
Pursuant to the Terrorism Risk Insurance Act (TRIA), as Outlined on the Attached, Coverage for Certified Acts of Terrorism is Available for an Additional Premium of $33,000 Plus Any Applicable Taxes & Fees.
Date: 05/14/2026
Quote Expires In: 47 Days
901 Main Street, Suite 3650, Dallas, TX 75202
File#: BR269365-03
Brown & Riding will bind or place insurance solely upon the written instructions of Producer. Brown & Riding assumes no legal obligation as to the insurance applicant, insured, or known or unknown third parties regarding the suitability, adequacy, or appropriateness of limits, terms, conditions, exclusions, and other policy features.
Producer guarantees payment of premium for risks placed through Brown & Riding. If Producer does not make timely payment of any sums due Brown & Riding, then the policy may be canceled for non- payment of premium.
By binding this coverage, the Retailer confirms that the prospective insured has (1) been advised of the right to receive policy documents in paper format; and (2) has consented to receive all such documents electronically.
Please note that in placing or attempting to place insurance requested by Producer, we perform several tasks, which may or may not include: review of losses, risk modeling, coverage comparison, coverage negotiation with various carrier representatives, policy review, policy issuance and servicing. We may charge a fee for these services in addition to any commission that may be payable to us by the carrier with which we bind your client’s business. Fees charged at binding will be fully earned. Producer shall be responsible for disclosing to Producer's customer all Brown & Riding fees, income, and charges.
Regards,
Daniel Filbey
EXCESS PROPERTY PROPOSAL
(QUOTATION)
May
14, 2026
Thank you for choosing Catalytic Risk Managers, a premier general agency specializing in catastrophe risk.
We are a communicative organization that actively develops positive relationships and delivers efficient customer service. We strive to provide a positive experience to all who work with us.
Named Insured Wholesale Broker
City of Buena Park
6650 Beach Boulevard
Buena
Park, CA 90621
To: Carolyn Smolski
On
Behalf of: Daniel Filbey
Brown & Riding Ins Services, Inc.
633 West
5th Street
Ste 2000
Los
Angeles, CA 90071
Underwriter
Carly Karlin
14143 Denver West Parkway, Suite
520,
Golden, CO 80401
[email protected]
Claims Reporting
Catalytic Claims Services, Inc.
350 10th Avenue, Suite 1450
San Diego,
CA 92101
[email protected]
Inspections
DUAL North America
350 10th Avenue, Suite 1450
San Diego,
CA 92101
Field Inspectors
E&S Inspections
V080118
1.0 Catalytic Risk Managers & Insurance Agency, LLC
(California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
Page
1 of 1
NOTICE TO BROKER
This Quote is issued by Catalytic Risk Managers & Insurance Agency, LLC without any liability as an Insurer.
The
Terms and Conditions of this Quote may not match the specifications submitted for considerations. Please read the Quote
carefully and compare it against your specifications.
The Insurer(s) providing the coverage quoted herein may be a non-admitted carrier and therefore not protected by State Guarantee Fund.
MANDATORY POLICYHOLDER DISCLOSURE
RE: TERRORISM INSURANCE COVERAGE
We are required by the Terrorism Risk Insurance Act of 2002 (the “Act”) to provide policyholders with clear and conspicuous
disclosure of the premium we are charging for terrorism and the Federal share of compensation for such coverage. This notice must be provided at the time of offer, purchase and renewal of the policy.
We have provided you with a notice that meets the Act’s requirements. You are instructed to deliver a copy of this notice to our prospective Insured when you forward our Quote.
Named Insured: City of Buena Park
V080118
1.0 Catalytic Risk Managers & Insurance Agency, LLC
(California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
Page
1 of 5
Quotation
Date: 5/14/2026
Expiring Policy: CTE012952
Brokerage Commission: 17.50%
Policy Term:
Effective Date: 7/1/2026 Expiration Date: 7/1/2027
DUAL Capacity Utilization:*
Layer Limit: Part Of: Excess Of:
1 $20,000,000 $20,000,000 $10,000,000
THIS QUOTE IS VALID FOR 48 DAYS
Premium:
Property: $110,000
Fees:
Catastrophe: $1,200
Inspection: $0
Total Premium &
Fees:
$111,200
Additional Products Premium:
TRIA: $33,000
Any Applicable Taxes & Fees:
The broker is required to file surplus lines
taxes
and fees for ALL states.
Control Number: 5171297
Effective from 12:01 AM Standard Time at the Insured’s Covered Location *The limits for Flood and Earthquake (if offered) are per occurrence and in the policy term aggregate.
Insurer Limit
• Trisura Specialty Insurance Company (A- IX) $5,336,243 • HDI Global Specialty SE (A+ XV) $408,329
• GuideOne National Insurance Company (A- X) $3,730,380 • Underwriters at Lloyd's, London (A XV) $9,272,279
• Convex Insurance UK Limited (A XV) $1,252,769
Policy Details
Perils: Difference in Conditions including Earthquake Only Losses: No Losses at time of binding
Situate: Per Schedule of Values on file with Insurer(s) Occupancy: Municipality
Total Insured
Values: $94,454,223
V080118 1.0 Catalytic Risk Managers & Insurance Agency, LLC (California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
of 5
Section I – Coverages and Limits of Insurance
A. The coverage territory is as per Schedule of Locations on file with Insurer(s) B. Limit
of Liability – Per DUAL Capacity Utilization shown above on this quotation.
C. Occurrence Definition Hours/EQ coverage – 168 hours Section II – Policy Deductibles
As per primary carrier quote.
Section III – Covered Causes of Loss
This policy insures against the risks of direct physical loss or damage to covered property caused by a covered cause of loss occurring during the policy period.
V080118
1.0 Catalytic Risk Managers & Insurance Agency, LLC
(California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
Page
3 of 5
Section IV – Covered Property
Buildings
Business Personal Property
s
Section V – Business Income Coverages
Not Covered
Section VI – Valuation
As per underlying primary policy(ies)
Section VII – Policy Conditions
Cancellation: 30 days
Coinsurance: NIL
Minimum Earned Premium: 25%
Valuation - As per form.
V080118
1.0 Catalytic Risk Managers & Insurance Agency, LLC
(California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
Page
4 of 5
Proposal Conditions
Catalytic will issue its own excess follow form (subject to review and approval of form we are to follow). A copy of the policy we are to follow must be received within 50 days of the effective date or we will issue our non-concurrent form.
Completed Surplus Lines Tax Affidavit at binding.
Signed and dated Statement of Values (SOV) is required at time of binding. Until provided, the OLLE will be on the policy.
Signed and dated TRIA acceptance or rejection letter at binding.
The underlying deductibles as presented for the purposes of this quotation are as follows: 5% Earthquake Percentage Deductible, Per Unit, Subject to $25,000 Minimum Per Occurrence. If final underlying primary policy deductibles are different than noted, these deductibles shall apply and an endorsement will be issued specifically noting same.
Warrant All Risk including theft underlying policy in force.
Warrant
no tuck under or soft first floor parking.
Warrant
values reported based on annual time element values.
Additional Policy Conditions
Contingent Time Element specifically excluded.
In no event shall a reduction in underlying limits be recognized if this reduction is a result of paid claims for locations, interests
or perils not covered by this policy.
Newly Acquired Location(s) must be submitted for prior approval.
Optional Endorsement Details
Additional Conditions Endorsement
Ordinance or Law Coverage - Excess Sublimits
Remarks
V080118 1.0 Catalytic Risk Managers & Insurance Agency, LLC (California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
of 5
Coverage Forms
CAT1131 EQ Subscription Policy Cover Page
CAT-OFAC US Treasury Notice OFAC
CAT-D2 California Surplus Lines D2
CAT8011 Claims Handling Notice
CAT3023 US Terrorism Risk Insurance Act Not Purchased Clause CAT3024 Terrorism Exclusion Endorsement
CAT3050 Declarations Page
CAT3045
Subscription Participation Page
CATAMEND-CV Convex Insurance UK Limited Amendatory Endorsement CATAMEND-GO GuideOne National Amendatory Endorsement
CATAMEND-HDI HDI Amendatory Endorsement
CATAMEND-TS Trisura Specialty Amendatory Endorsement
CATAMEND-L Underwriters at Lloyd's Amendatory Endorsement CAT3044 Schedule of Forms
CAT3002 Absolute Fungus Microorganisms Mold or Spores Exclusion CAT1139 Asbestos Endorsement
CAT8002 Electronic Date Recognition
Exclusion EDRE
CAT8003 Exclusion of Certain Computer Related Losses
CAT3037 Exclusion of Loss Due to Virus or Bacteria
CAT8001 Nuclear Biological Exclusion
CAT3018 Pre-Existing Damage Exclusion
CAT8000 Property Cyber
and Data Exclusion
CAT3020 Toxic Materials Exclusion
CAT1082
Tuck Under Exclusion
CAT8009
War and Civil War Exclusion
CAT1092 Excess Property Insurance Policy
CAT3003 Additional Conditions Endorsement
CAT1010 Acquisition Clause - Non-Automatic
CAT1062 Occurrence Limit of Insurance Endorsement
CAT1098 Ordinance or Law Coverage Excess Sublimits
V080118
1.0 Catalytic Risk Managers & Insurance Agency, LLC
(California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
Policyholder Disclosure Notice of Terrorism
Insurance Coverage
You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you
now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, as amended: The term “act of terrorism” means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for "acts of terrorism" shall expire at 12:00 midnight December 31, 2027, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates.
YOU SHOULD
KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY
CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER
EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 80% OF COVERED
TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A USD100 BILLION CAP THAT LIMITS U.S.
GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING
FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS USD100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED USD100 BILLION, YOUR COVERAGE MAY BE REDUCED.
THE PREMIUM
CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE
ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
I hereby elect to purchase coverage for acts of terrorism for a prospective premium of $33,000 USD
I hereby elect to have coverage for acts of terrorism excluded from my policy. I understand that I will have no coverage for losses arising from acts of terrorism. [s: a: r] [ds:b:c:dateSigned]
Policyholder / Applicant’s Signature Date
[fn:i:name]
Print Name Policy / Quote Number
Contract No:
Named Insured: City of Buena Park
CAT3003 (04/19) Catalytic Risk Managers & Insurance Agency, LLC (California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
ADDITIONAL CONDITIONS
ENDORSEMENT
It is hereby understood and agreed that the following additional conditions apply to this policy:
It
is agreed and understood this policy covers the peril of Earthquake only, as defined in the Lexington Insurance Company primary policy number
TBD. All other perils are excluded.
The excess policy provides coverage for Buildings and Business Personal Property at covered California locations only.
Agreed and Understood the Territory covered under this policy is limited to California only as per covered location(s) listed in the schedule of values on file with the Insurer(s).
Unless specifically shown on or endorsed to this policy, coverage is excluded by this excess policy for any perils, coverages and sublimits for which the Underlying Insurance Policy covers. If coverage is provided by the Underlying Insurance Policy for losses which are excluded under this policy, the terms and conditions of this policy remain unchanged. This policy will not recognize any erosion or exhaustion of underlying limits by payment of losses which are excluded under this policy, and this policy shall not cover as excess insurance or contribute with any other insurance for loss or damage excluded by this policy.
It is also agreed that the above exclusion does not apply to the following sublimited items outlined in the underlying primary policy. Therefore, the
underlying primary policy limit for the perils and territory insured under this policy can be reduced by the following sublimited coverages and only by the amount listed next to the sublimited coverage, even if the amount in the underlying primary policy is greater. In no event shall a reduction in the underlying limits or sublimits be recognized if the reduction is a result of paid claims for locations, interests or perils not insured by this policy:
Utility services
- Direct Damage and Time Element - $2,500,000
Ordinance of Law Coverage - $5,000,000
Contingent Time Element specifically excluded.
In no event shall a reduction in underlying limits be recognized if this reduction is a result of paid claims for locations, interests or perils not covered
by this policy.
Newly Acquired Location(s) must be submitted for prior approval.
Contract No:
Named Insured: City of Buena Park
CAT1098 (09/23) Catalytic Risk Managers & Insurance Agency, LLC (California License Number 0I67798) is a licensed operating entity of the DUAL North America, Inc. group of companies.
ORDINANCE OR LAW COVERAGE
EXCESS SUBLIMITS
It is hereby understood and agreed that this policy recognizes the following sublimit(s), in respect of building ordinance coverage and as defined in
the primary policy, and allows the sublimit(s) to erode the underlying limits of insurance in accordance with the excess and drop down clause contained hereon.
Coverage A: X
Coverage
B: $0
Coverage
C: $0
Coverage
B & C combined: $1,000,000
June 23, 2026
CONSENT CALENDAR
Item No. 4K.
City Council Agenda Report
REJECT ALL BIDS AND RE-ADVERTISE FOR THE BELLIS YARD IMPROVEMENTS AND CITY YARDPARKING LOT REHABILITATION PROJECT
PREPARED BY PRESENTED BY
Jason Tran, Associate Engineer Jason Tran, Associate Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Reject all bids; and 2) Authorize the City Clerk to re-advertise the project for bids.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
The City owns and maintains two facilities for maintenance and operation staff. The Bellis Yard is located in the north side of George Bellis Park at 7171 8th St, Buena Park, CA 90621. The City Yard is located at 6955 Aragon Cir, Buena Park, CA 90620. Maintenance staff operate, dump materials, and store vehicles/equipment at these facilities. Staff has determined the need to construct improvements at the facilities to address maintenance needs, facilitate operational needs, and improve general site security. The scope of work includes re-paving the asphalt pavement, constructing new concrete pavement, constructing designated storage areas for mulch, compost, dirt, and green waste, conduct repairs/inspections on the building, expanding the fencing, and constructing security improvements on the existing perimeter walls. Funding for this project is included in the FY 2025–26 Capital Improvement Program (CIP) budget.
This project was advertised for bids on May 14, 2026, with a nonmandatory pre-bid job walk scheduled for May 27, 2026, to review the scope of work. On June 4, 2026, one bid was received and publicly opened by City staff. The bid included a base bid amount of $930,205.99 and multiple additive bid items, resulting in a total bid amount of $1,249,495.99.
The City previously entered into a professional services agreement with Oldham Architects to prepare bid documents for the Bellis Yard portion of the project. City staff prepared the documents for the City Yard in-house.
The engineer’s estimate was determined to be $550,000 for the base bid amount. The submitted bid significantly exceeds the amount budgeted for the project in the approved CIP. Accordingly, staff recommends rejecting all bids and re-advertising the project. Prior to re-bidding, staff will reevaluate the project scope, perform value engineering, and make appropriate modifications in an attempt to align the project budget with available budget.
BUDGET IMPACT
There is no budget impact with the rejection of all bids.
June 23, 2026
CONSENT CALENDAR
Item No. 4L.
City Council Agenda Report
RESOLUTION TERMINATING THE LOCAL EMERGENCY RELATED TO THE HAZARDOUS CHEMICALRELEASE IN GARDEN GROVE, CALIFORNIA
PREPARED BY PRESENTED BY
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution terminating the local emergency in the City of Buena Park related to the hazardous chemical release in Garden Grove, California.
PREVIOUS CITY COUNCIL ACTION
On May 22, 2026, a proclamation declaring a Local Emergency was signed by Mayor Traut and Director of Emergency Services France. On June 9, 2026, the City Council adopted a resolution ratifying the Local Emergency Proclamation.
DISCUSSION
On Friday May 22, 2026, a major hazardous materials emergency unfolded at an aerospace facility in Garden Grove, after a large storage tank containing methyl methacrylate (MMA), a highly flammable and toxic industrial chemical, began to overheat and malfunction.
The 34,000-gallon tank developed a faulty valve and experienced a significant temperature spike, causing it to vent hazardous vapors and raising serious concerns of either a large-scale chemical release or an explosion. As conditions deteriorated, Orange County Fire Authority advised that the tank could fail in one of two ways: a massive spill or a potential explosive event.
The incident prompted evacuation orders affecting up to 40,000 residents across multiple Orange County cities, including Buena Park, Garden Grove, Cypress, Stanton, Anaheim, and Westminster. Schools were closed, major roadways were restricted, and emergency overnight shelters were opened as hazardous materials teams and fire personnel worked to stabilize the tank.
Following extensive overnight operations, the Orange County Fire Authority reported that a crack had developed in the tank, relieving internal pressure and significantly reducing the immediate risk of an explosion. However, the site remained unstable, and emergency crews continued to monitor for potential leaks and secondary failures.
Given the scope and severity of the incident, Mayor Traut and Director of Emergency Services France issued a Proclamation of Local Emergency pursuant to Government Code Section 8630, which authorizes such action when conditions of disaster or extreme peril exist that are beyond the control of local resources and require extraordinary measures to protect life and property. On June 9, 2026, the City Council ratified the Proclamation of Local Emergency.
Since that time, the hazardous materials incident has been mitigated and contained. The immediate threat to public health and safety has been eliminated, emergency response operations have concluded, and the conditions that necessitated the proclamation no longer exist.
Accordingly, staff recommends that the City Council adopt the attached resolution terminating the Local Emergency previously proclaimed on May 22, 2026, and ratified on May 26, 2026.
BUDGET IMPACT
There is no budget impact associated with this item.
Attachments
Reso - Ending State of Emergency - Haz Mat Incident.pdf RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, PROCLAIMING TERMINATION OF
THE LOCAL EMERGENCY RELATED TO THE HAZARDOUS
CHEMICAL RELEASE IN GARDEN GROVE, CALIFORNIA
WHEREAS, on May 22, 2026, the Director of Emergency Services and the Mayor proclaimed a “local emergency” in response to a threatened hazardous chemical release in the neighboring city of Garden Grove, in accordance with and pursuant to the California Emergency Services Act (Gov’t Code § 8550 et seq.); and,
WHEREAS on May 26, 2026, the City Council ratified the proclamation and adopted Resolution No. 15114 titled, “A Resolution of the City Council of the City of Buena Park, California, Ratifying the Director of Emergency Services Proclamation of the Existence of a Local Emergency.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Based on facts and circumstances presented to the City Council in connection with its consideration of this matter, the City Council finds and declares that the circumstances necessitating the proclamation of a local emergency have abated such that it is now necessary and appropriate to terminate the “local emergency” proclaimed by Resolution No. 15114 relating to the hazardous chemical incident.
Section 2. The City Council authorizes and directs the City Manager, as the designated Director of Emergency Services, or his/ or authorized designee(s), to take such actions as are necessary and appropriate to implement the purpose of this Resolution.
Section 3. The City Clerk shall certify to the adoption of this Resolution, and it shall become immediately effective, provided that the “local emergency” shall be deemed to terminated as of June 23, 2026.
PASSED AND ADOPTED this _____ day of _______________ _____ by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_______________________________________
Mayor
ATTEST:
RESOLUTION NO. _______
_______________________________
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 _____ day of ________________ _____.
______________________________________
City Clerk
June 23, 2026
NEW BUSINESS
Item No. 5A.
City Council Agenda Report
APPROVE AND APPROPRIATE REVISIONS TO THE FISCAL YEAR 2026-27 ADOPTED BUDGET
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
1) Approve and appropriate revisions to the fiscal year 2026-27 Adopted Budget.
PREVIOUS CITY COUNCIL ACTION
On June 24, 2025, the City Council approved the annual budgets for fiscal years 2025-26 and 2026-27. On May 26, 2026, City Council reviewed and studied the Fiscal Year 2026-27 Preliminary Revised Budget and directed staff to bring back the item for formal approval.
DISCUSSION
At the budget workshop on May 26, 2026, the City Council reviewed and approved revisions to the FY 2026-27 Adopted Budget, which is the second year of the original two-year budget. The discussion included items unanticipated during the original preparation of the two-year budget.
The revisions that were presented included:
Reduction in sales tax revenue
Increase in firework permit fee revenue
Increase in refuse collection revenues due to new rates, which is offset by an increase in expenditures CalPERS unfunded accrued liability (UAL) adjustment
Silverado Days staffing cost increase
Sister City program increase
Community Relations & Education program increase
City Attorney services increase
Senior Building Inspector reclassification
Housing Specialist reclassification
Community Development Block Grant (CDBG) programs updated Fire services contract decrease
Police Special Enforcement Team
Water Enterprise Fund operation costs increase
Wastewater Enterprise Fund operation costs increase
Public Works operation costs increase
Community Services Coordinator for ELOP program
Construction Career & Apprenticeship Resource Fair
PERS Replacement Benefit Fund increase
Equipment Maintenance Fund increase in vehicle costs
Information Technology Fund increase in software costs
Facilities Maintenance Fund increase in operation costs As directed by the City Council, the following policy issues have also been implemented:
Sustainabuddies plush toys
Maintenance Worker reclassification to Senior Maintenance Worker Due to the reduction in the Sales Tax revenue projection, the City Council also directed staff to implement the following changes to the General Fund budget:
Utilize Measure R revenues for Police Department equipment purchases in the amount of $708,300 Utilize Measure R revenues for the Crossing Guard program in the amount of $226,000 Defer the Annual Asset Management Improvement Project in the amount of $100,000 Defer the Ehlers Marquee Sign Replacement Project in the amount of $200,000 Additionally, the City Council directed staff to reduce the Vehicle Incentive Program (VIP) in the Economic Development Fund by $500,000. If more funding is needed for the VIP during the fiscal year, the City Council will approve additional appropriations in the future, as needed.
Additionally, the City Manager worked with all the City departments to identify $169,000 in further cost reductions to the General Fund without impacting essential services.
After the May 26, 2026, meeting, the Orange County Fire Authority (OCFA), provided a revised contract amount that increased by $82,170 and has been incorporated into the General Fund appropriations.
The total appropriations for all budgeted funds for fiscal year 2026-27 are $186,005,720. The operating appropriations on an all funds basis are $159,785,720, and the appropriations for the Capital Improvement Program are $26,220,000. Attachment 1 provides a summary of estimated revenues, appropriations (with detail as to the type of budgeted expenditures) and the projected surplus or deficit for each budgeted fund for fiscal year 2026-27. As summarized in Attachment 2, the General Fund appropriations for fiscal year 2026-27 are $107,624,860, which is 57.86% of the total appropriations for all budgeted funds.
BUDGET IMPACT
Total appropriations for all budgeted funds for fiscal year 2026-27 are $186,005,720.
Attachments
Attachment 1 - Summary of Resources and Requirements.pdf Attachment 2 - Comparison of General Fund Budget.pdf
Attachment 1
Beginning Resources
Estimated
Balance Estimated Transfers Total
FUND TYPE/DESCRIPTION July 2026 Revenue In Resources
General and Special Revenue Funds:
General Fund 31,099,570 $ 99,325,870$ 397,670 $ 130,823,110$ Economic Development Fund 10,498,470 2,970,000 - 13,468,470 Measure R Fund 6,747,620 19,956,000 - 26,703,620 Opioid Settlement Fund 507,000 - - 507,000 Asset Forfeiture Fund 555,000 154,000 - 709,000 Capital Projects Fund - 3,473,000 - 3,473,000 Proposition 172 PD Augmentation Fund 179,310 564,820 - 744,130 Supplemental Law Enforcement Fund - 230,500 260,900 491,400 Gas Tax Fund 2,850,380 4,936,390 - 7,786,770 Measure M2 Fund 138,000 - - 138,000 HOME Deferred Loan Fund 381,800 11,130 - 392,930 Community Development Block Grant Fund - 1,044,600 - 1,044,600 State OCATT Fund - 354,220 - 354,220 CalHome Program Fund 1,335,000 - - 1,335,000 Park In-Lieu Fund 982,390 7,468,600 - 8,450,990 Traffic Congestion Relief Fund 45,500 22,000 - 67,500 AB2766/AQMD Fund 359,880 108,000 - 467,880 Successor Agency to RDA - 5,691,300 - 5,691,300 Low/Mod Housing Successor Fund 715,660 - - 715,660 General and Special Revenue Funds Total:56,395,580 146,310,430 658,570 203,364,580 Enterprise Funds:
Water Enterprise Fund 18,800,000 18,094,030 - 36,894,030 Wastewater Enterprise Fund 591,610 2,691,280 - 3,282,890 Enterprise Funds Total: 19,391,610 20,785,310 - 40,176,920 Internal Service Funds:
Workers' Compensation Fund 4,749,130 2,223,900 - 6,973,030 Liability Insurance Fund 1,148,190 3,000 1,709,000 2,860,190 Accrued Leave Fund 182,750 505,000 - 687,750 Equipment Maintenance & Replacement Fund 8,288,970 3,436,230 - 11,725,200 Information Technology Fund 1,685,900 1,200,390 - 2,886,290 Facilities Maintenance Fund 463,410 3,060,860 - 3,524,270 Internal Service Funds Total: 16,518,350 10,429,380 1,709,000 28,656,730 Grand Totals 92,305,540$ 177,525,120$ 2,367,570$ 272,198,230$
CITY OF BUENA PARK
Summary of Resources and Requirements
Fiscal Year 2026-27
Attachment 1
Ending
Estimated
Salaries Maintenance Capital Capital Transfers Total Surplus Balance & Benefits & Operations Equipment Projects Out Requirements (Deficit) June 2027 60,882,990$ 44,628,870$ 127,900 $ 400,000$ 1,595,100$ 107,634,860$ (7,911,320)$ 23,188,250$ 29,650 527,870 - - 68,000 625,520 2,344,480 12,842,950 4,200,320 1,067,620 854,800 12,477,000 - 18,599,740 1,356,260 8,103,880 - 130,000 - - - 130,000 (130,000) 377,000 25,000 63,000 - - - 88,000 66,000 621,000 - - - 3,473,000 - 3,473,000 - - 596,930 145,200 - - - 742,130 (177,310) 2,000 491,400 - - - - 491,400 - - 777,880 260,480 - 4,085,000 22,500 5,145,860 (209,470) 2,640,910 - - - 2,000,000 - 2,000,000 (2,000,000) (1,862,000) 34,040 304,020 - - - 338,060 (326,930) 54,870 607,660 436,940 - - - 1,044,600 - - 354,220 - - - - 354,220 - - 29,100 630,000 - - - 659,100 (659,100) 675,900 - - - - - - 7,468,600 8,450,990 - - - - - - 22,000 67,500 8,120 11,000 - - - 19,120 88,880 448,760 94,650 5,596,650 - - - 5,691,300 - - 363,360 52,310 - - 250,000 665,670 (665,670) 49,990 68,495,320 53,853,960 982,700 22,435,000 1,935,600 147,702,580 (733,580) 55,662,000 4,527,170 15,838,240 84,500 1,785,000 220,270 22,455,180 (4,361,150) 14,438,850 559,380 605,620 22,500 2,000,000 - 3,187,500 (496,220) 95,390 5,086,550 16,443,860 107,000 3,785,000 220,270 25,642,680 (4,857,370) 14,534,240 - 1,387,070 - - 189,200 1,576,270 647,630 5,396,760 - 2,811,700 - - - 2,811,700 (1,099,700) 48,490 507,250 - - - - 507,250 (2,250) 180,500 741,030 1,549,770 935,000 - - 3,225,800 210,430 8,499,400 415,560 624,990 170,680 - - 1,211,230 (10,840) 1,675,060 602,260 2,699,750 3,700 - 22,500 3,328,210 (267,350) 196,060 2,266,100 9,073,280 1,109,380 - 211,700 12,660,460 (522,080) 15,996,270 75,847,970$ 79,371,100$ 2,199,080$ 26,220,000$ 2,367,570$ 186,005,720$ (6,113,030)$ 86,192,510$ Requirements
Attachment 2 CITY OF BUENA PARK
Comparison of General Fund Budget
For Fiscal Year 2026-27
Adopted Revised Percent
Budget Budget Increase/
2026-27 2026-27 (Decrease)
General Fund Undesignated Reserve 5,700,000$ 5,700,000 $ 0.00% Estimated Operating Revenues 99,862,100 99,325,870 (0.54%) Estimated Operating Expenditures (105,778,450) (105,639,760) (0.13%) Less:
Transfers Out (1,594,600) (1,595,100) 0.03%
Capital Improvement Projects (700,000) (400,000) (42.86%) Add:
Transfers In 397,670 397,670 0.00% Estimated Fund Surplus (Deficit) (2,113,280) (2,211,320) 4.64% Projected vacant positions 2,200,000 2,300,000
Revised Surplus (Deficit) 86,720$ 88,680 $
Expenditure Recap
Operating Expenditures 105,778,450$ 105,639,760 $ (0.13%) Transfers Out 1,594,600 1,595,100 0.03% Capital Improvement Projects 700,000 400,000 (42.86%) Total General Fund Expenditures 108,073,050$ 107,634,860 $ (0.41%) June 23, 2026
NEW BUSINESS
Item No. 5B.
City Council Agenda Report
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF CONTRACT WITHENVIRONMENTAL CONSTRUCTION, INC. FOR THE PEAK PARK WATER WELL EQUIPPING AND SITEIMPROVEMENT PROJECT
PREPARED BY PRESENTED BY
Jason Tran, Associate Engineer Jason Tran, Associate Engineer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a resolution approving the plans and specifications for the Peak Park Water Well Equipping and Site Improvements Project; 2) Award a contract to Environmental Construction, Inc. in the amount of $6,905,512; 3) Authorize contingency funds in the amount of $690,970; 4) Authorize construction engineering funds in the amount of $345,485; 5) Authorize a purchase order for the Solis Group in the amount of $29,380 for administration of the Community Workforce Agreement (CWA); 6) Authorize contingency funds in the amount of $4,520 for CWA administration; 7) Authorize a budget transfer of $1,000,000 from the Pipeline Replacement Account; 8) Authorize a budget transfer of $1,650,764 from the undesignated Water Fund balance; 9) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the contract; and, 10) Authorize the City Manager and City Clerk to execute the contract.
PREVIOUS CITY COUNCIL ACTION
On December 10, 2024, the City Council awarded a contract to Nor-Cal Pump & Well Drilling, Inc. in the amount of $2,323,982 for the Peak Park Well Drilling Project.
On January 27, 2026, City Council approved a change order and final payment to Nor-Cal Pump & Well Drilling, Inc. The Public Works Department was directed to file a Notice of Completion for the well drilling project.
DISCUSSION
The City currently has eight (8) water supply wells within the City limits and has determined a need for one (1) additional water well to meet peak water demands. The City's wells serve as the City's primary source of water.
These wells pump from the lower Santa Ana Basin and provide potable water that does not require treatment.
Some of these wells have been active since the 1960s and are reaching the end of their useful life. These wells have experienced regular shutdowns for maintenance, repairs, and rehabilitation. When a well is down due to these activities, the City relies on purchasing water from the Metropolitan Water District (MWD) to meet demands and pressure requirements.
Nor-Cal Pump & Well Drilling drilled and installed the water well, which was completed in December 2025. Water quality tests were conducted and it was confirmed that the location of the well will produce viable water supply.
Staff proceeded to solicit bids to equip the well and construct site improvements. The project will include:
A new well facility connected to the existing water distribution system A perimeter wall
Storm drain system
Bioretention basin
New asphalt roadway
Masonry building housing pumps, piping, chemical feed systems, and related equipment Water pipeline construction along El Dorado Drive from Knott Avenue to Western Avenue The well equipping portion of the project was advertised for competitive bids on May 4, 2026. Four (4) bids were received and publicly opened on June 4, 2026. Total bid amounts for the base bid and two additive bid amounts ranged from $6,905,512 to $8,782,305. The lowest, responsible bid was submitted by Environmental Construction Inc. of Woodland Hills, CA in the amount of $6,905,512. This contractor possesses the required license and has completed similar projects for other agencies, including the County of Los Angeles and the cities of Los Angeles, Santa Monica, Orange, and Beverly Hills. Staff recommends awarding a contract to Environmental Construction, Inc. in the amount of $6,905,512, approving contingency funds in the amount of $690,970, authorizing construction engineering funds in the amount of $345,485 and authorizing $33,900 for the execution and contingency funds related to the administration of the CWA. The total project cost is $7,975,867.
Construction is anticipated to begin in September 2026 and be completed by June 2027.
Additionally, staff is requesting a budget transfer of $1,000,000 from the Pipeline Replacement Account and $1,650,764 from the undesignated Water Fund balance to the Project account. Funds from the Pipeline Replacement Account will be utilized for the pipeline construction. Funds from the undesignated Water Fund balance will be utilized for all other work associated with the construction of the well facility.
Additionally, the project has been awarded $1,000,000 in federal funding through the Environmental Protection Agency (EPA) Community Grant Program. These funds will be transferred to the Project account upon receipt and will be used exclusively for design and inspection services associated with the project. The timing of the reimbursement has not yet been confirmed by the EPA. This funding is not intended for construction costs and therefore does not affect the construction contract award being considered by the City Council.
BUDGET IMPACT
Total cost for the project is in the amount of $7,975,867, as shown below:
Construction Contract: $ 6,905,512 Construction Contingency: $ 690,970
Construction Engineering: $ 345,485
CWA Administration Services: $ 29,380
CWA Contingency: $ 4,520
Total Project Cost: $ 7,975,867
This project is ongoing and also included in the FY 26-27 budget and will be funded by the New Water Well Capital Improvement Project Account (Account No. 52-396859-9806). Staff recommends $1,000,00 to be transferred from the Pipeline Replacement budget (Account No. 52-396825-9806) and $1,650,764 from the undesignated Water Fund balance to the Project account. With these budget transfers and budget allocation, there will be sufficient funds for the project.
Attachments
Att. 1 of 5 Resolution - Peak Park Water Well Equipping.pdf Att. 2 of 5 Location Map - Peak Park Water Well Equipping.pdf Att. 3 of 5 Bid Results - Peak Park Water Well Equipping and Site Improvements.pdf Att. 4 of 5 Bid Summary - Peak Park Water Well Equipping and Site Improvements.pdf Att 5 of 5 Contract - Peak Park Water Well Equipping - Environmental Construction.pdf
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING
PLANS AND SPECIFICATIONS FOR PEAK PARK WATER WELL EQUIPPING AND SITE IMPROVEMENTS 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:
PEAK PARK WATER WELL EQUIPPING AND SITE IMPROVEMENTS PROJECT PASSED AND ADOPTED this 23th day of June 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 23th day of June 2026.
_______________________________________
City Clerk
1FIGURECITY OF BUENA PARK02-06-2024WILLIAM PEAK PARKFUTURE WATER WELL SITE
EL COCO WAY
WILLIAM PEAK PARK
PROPOSED 280' x 100' AREA FORPEAK PARK WELL FACILITIES
PROPOSED DECORATIVEWROUGHT IRON FENCE
PROPOSED ACCESSROAD
R/W
NOTE:DIMENSIONS AND SPACE REQUIREMENTSARE PRELIMINARY ESTIMATES ONLY.
PROPOSEDCMU BLDGTREATMENT(FUTURE)PUMP STATION(FUTURE)
BURIEDRESERVOIR(FUTURE)
1FIGURECITY OF BUENA PARK02-06-2024WILLIAM PEAK PARKFUTURE WATER WELL SITE EL DORADO DR.
EL MONTE DR.EL COCO WAY
WILLIAM PEAK PARKPROPOSED ACCESS ROAD
NOTE:DIMENSIONS AND SPACE REQUIREMENTSARE PRELIMINARY ESTIMATES ONLY.
R/W
R/W
PROPOSED 280' x 100' AREA FORPEAK PARK WELL FACILITIES
PROPOSED DECORATIVEWROUGHT IRON FENCEPROPOSEDCMU BLDGTREATMENT(FUTURE)PUMP STATION(FUTURE)
BURIEDRESERVOIR(FUTURE)
Company Name Base Bid Amount Total Bid Amount
(Additive A + B)
1 Caliagua Inc. 7,218,970.00 $ 8,782,305.00 $ 2 Metro builders & Engineers Group 6,722,123.02 $ 7,396,822.26 $ 3 Environmental Construction Inc. 6,106,157.00 $ 6,905,522.00 $ 4 Legion Contractors 6,327,504.00 $ 7,372,954.00 $ City of Buena Park
BID RESULTS
PEAK PARK WATER WELL EQUIPPING & SITE IMPROVEMENTS
Project No. 387
Bid No. 2026-17
Bid Opening. 6/4/2026- 2:30 P.M.
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount 1 1 LS
Mobilize and demobilize all construction
materials, equipment and accessories to/from
Peak Park, apply for and obtain all permits,
provide for bonds, prepare all traffic control,
provide temporary fencing, and all other tasks,
personnel and equipment in preparing the site
for well equipping construction for the lump sum
price of:
$206,000.00 $206,000.00 $151,131.08 $151,131.08 $300,000.00 $300,000.00 $250,000.00 $250,000.00 $461,900.00 $461,900.00 $273,806.22 $273,806.22 2 1 LS
Clearing and grubbing, site demolition and soil
preparation, remove and dispose of 8-inch
piping, vegetation, trees and other surface
obstructions, and grading within project limits for
the lump sum price of:
$97,000.00 $97,000.00 $83,036.03 $83,036.03 $224,745.00 $224,745.00 $111,739.00 $111,739.00 $45,700.00 $45,700.00 $112,444.01 $112,444.01 3 1 LS
Provide survey staking for grading, pipelines,
structures, and appurtenances, field dimensions,
verify utility locations for the lump sum price of:
$36,000.00 $36,000.00 $39,649.50 $39,649.50 $22,968.00 $22,968.00 $25,000.00 $25,000.00 $66,300.00 $66,300.00 $37,983.50 $37,983.50 4 1 LS
BMP implementation and erosion
control/compliance with SWPPP requirements,
and bioinfiltration system including excavation
and hauling of material, compaction, furnish and
install bioretention basin, vegetated swale,
atrium overflow drain, 6-inch Sch 40 PVC
perforated and 8-inch PVC (DR 14) pipe, drain
line connection, all landscaping and
appurtenances for the lump sum price of:
$81,000.00 $81,000.00 $173,543.97 $173,543.97 $171,977.00 $171,977.00 $168,605.00 $168,605.00 $138,600.00 $138,600.00 $146,745.19 $146,745.19 5 1 LS
Verification of utility depths, locations, and field
dimensions prior to ordering materials and
equipment including potholing, field surveys,
measurements, and electrical inspections for the
lump sum price of:
$60,000.00 $60,000.00 $80,759.07 $80,759.07 $10,000.00 $10,000.00 $40,000.00 $40,000.00 $15,000.00 $15,000.00 $41,151.81 $41,151.81 6 1 LS
Furnish and install site concrete paving and
flatwork including excavation, compaction,
swale, access ramp, pavement slab,
containment area, MCC curb, generator pad
transformer pad, fuel tank pad, curb and gutter,
pipe support, for the lump sum price of:
$159,000.00 $159,000.00 $218,583.85 $218,583.85 $241,047.00 $241,047.00 $425,815.00 $425,815.00 $122,000.00 $122,000.00 $233,289.17 $233,289.17 7 1 LS
Furnish and install 6-inch thick asphalt concrete
paving and flatwork over 4-inch thick aggregate
base on-site, asphaltic concrete curb, access
road, excavation, compaction, and slurry seal for
the lump sum price of:
$174,000.00 $174,000.00 $289,961.39 $289,961.39 $161,716.00 $161,716.00 $207,198.00 $207,198.00 $69,100.00 $69,100.00 $180,395.08 $180,395.08 BASE AMOUNT - PHASE 1 - WELL EQUIPPING, SITE IMPROVEMENTS, AND WATER MAIN CONSTRUCTION Environmental Construction
Inc Legion Contractors
PEAK PARK WATER WELL EQUIPPING AND SITE IMPROVEMENTS PROJECT Project No. 387 - Bid No. 2026-17
Bid Summary
Bid Opening: June 4, 2026 - 2:30 P.M.
Caliagua Inc Metro Builders & Engineers
Group Engineer's Estimate Average
PAGE 1 OF 5
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Environmental Construction
Inc Legion Contractors Caliagua Inc Metro Builders & Engineers Group Engineer's Estimate Average
8 1 LS
Furnish and install reinforced concrete masonry
unit well building including excavation,
compaction, footings, slab, trench drain, sump,
grating, doors, metal roll-up door, glass block,
roofing, metal deck, roof access hatch, pump
hatch, ladder, flashing, HVAC system including
3-ton central-station air conditioner unit, fixed
exhaust and intact louvers, exhaust fans, and
appurtenances for the lump sum price of:
$1,277,000.00 $1,277,000.00 $876,336.24 $876,336.24 $992,487.00 $992,487.00 $987,732.00 $987,732.00 $1,187,700.00 $1,187,700.00 $1,064,251.05 $1,064,251.05 9 1 EA
Furnish and install a 4’ L x 8’ W x 8’ D cast-in-
place concrete air-gap structure, steel grate,
excavation, backfill, compaction, and
appurtenances for the unit price of:
$59,000.00 $59,000.00 $49,631.58 $49,631.58 $35,620.00 $35,620.00 $40,000.00 $40,000.00 $34,000.00 $34,000.00 $43,650.32 $43,650.32 10 1 LS
Furnish and install site electrical including, MCC,
PLC, ATS, lighting, building electrical, switches,
receptacles, fixtures, instrumentation, well pump
VFD, intrusion alarms, junction boxes, conduits,
wiring, grounding, excavation, backfill,
compaction, and appurtenances for the lump
sum price of:
$1,395,000.00 $1,395,000.00 $1,269,357.52 $1,269,357.52 $1,367,769.00 $1,367,769.00 $1,200,000.00 $1,200,000.00 $843,100.00 $843,100.00 $1,215,045.30 $1,215,045.30 11 1 LS
Furnish and install 450-kw standby diesel
generator including 500 gallon fuel tank,
vibration isolators, insulated diesel particulate
filter, exhaust piping, muffler, radiator duct,
thermal insulation, supply and return piping,
removable guard posts, excavation, backfill,
compaction, and appurtenances for the lump
sum price of:
$403,000.00 $403,000.00 $289,723.97 $289,723.97 $401,250.00 $401,250.00 $950,000.00 $950,000.00 $328,900.00 $328,900.00 $474,574.79 $474,574.79 12 1 LS
Install a sodium hypochlorite feed system with a
50 ppd capacity sodium hypochlorite pump skid,
1000 gallon HDPE double wall tank with
anchors, chlorine analyzer, emergency eyewash
and shower station, stainless steel sink, sample
line, chemical feed line, chemical injection
assembly, PVC ball valves, chemical door signs,
plumbing, trenching, backfill, compaction, and
appurtenances for the lump sum price of:
$185,000.00 $185,000.00 $188,362.36 $188,362.36 $211,207.00 $211,207.00 $350,000.00 $350,000.00 $147,400.00 $147,400.00 $216,393.87 $216,393.87 13 1 LS
Furnish and install ornamental tubular steel
fencing including 445 LF of 8-foot tall tubular
steel fence, 6-foot wide swing gate, and a 15-
foot wide motorized rolling gate and gate
operator for the lump sum price of:
$298,000.00 $298,000.00 $224,620.26 $224,620.26 $120,308.00 $120,308.00 $235,000.00 $235,000.00 $108,000.00 $108,000.00 $197,185.65 $197,185.65 14 1 LS
Furnish and install 4-inch and 8-inch PVC (SDR
35) drainage piping, plumbing, fittings, insertion
check valve, cleanouts, coupling, trenching,
backfill, compaction and appurtenances for the
lump sum price of:
$55,000.00 $55,000.00 $29,712.61 $29,712.61 $28,960.00 $28,960.00 $50,000.00 $50,000.00 $96,400.00 $96,400.00 $52,014.52 $52,014.52 PAGE 2 OF 5
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Environmental Construction
Inc Legion Contractors Caliagua Inc Metro Builders & Engineers Group Engineer's Estimate Average
15 1 LS
Furnish and install 12-inch and 10-inch ductile
iron (CL 350) discharge piping, fittings, anchor
blocks, flange type thrust restraint, slanting disc
check valve, 12-inch magnetic flow meter, 10-
inch solenoid operated diaphragm pump control
valve, 10-inch surge control valve, 10-inch wafer
check valve, 12-inch butterfly valves, 10-inch
gate valves, 4-inch air-vacuum release well-
service valve assembly, water sampling, 2-inch
combination air and vacuum release valve
assembly, couplings, pressure gauges and
transmitters, dismantling joint, miscellaneous
corporation stops, adjustable pipe supports,
insulating flange assembly, trenching, backfill,
compaction, and appurtenances for the lump
sum price of:
$395,000.00 $395,000.00 $250,103.93 $250,103.93 $306,384.00 $306,384.00 $150,000.00 $150,000.00 $154,000.00 $154,000.00 $251,097.59 $251,097.59 16 1 LS
Furnish and install a 350-hp, 1750 rpm vertical
turbine pump and motor including pre-lube
assembly, 12-inch discharge head, and
performance testing for the lump sum price of:
$490,000.00 $490,000.00 $490,168.82 $490,168.82 $441,672.00 $441,672.00 $450,000.00 $450,000.00 $210,900.00 $210,900.00 $416,548.16 $416,548.16 17 940 LF
Furnish and install 30-inch reinforced concrete
drain, class 2, D 1200, trenching, backfill,
compaction, and appurtenances for the price per
linear foot of:
$950.00 $893,000.00 $972.98 $914,601.20 $535.00 $502,900.00 $133.34 $125,340.00 $315.53 $296,600.00 $581.37 $546,488.24 PAGE 3 OF 5
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Environmental Construction
Inc Legion Contractors Caliagua Inc Metro Builders & Engineers Group Engineer's Estimate Average
18 2 EA
Furnish and install 48-inch precast concrete
storm drain manhole structures per SPPWC
standard plan 332-2 for the unit price of:
$32,000.00 $64,000.00 $32,415.48 $64,830.96 $14,500.00 $29,000.00 $37,800.00 $75,600.00 $15,600.00 $31,200.00 $26,463.10 $52,926.19 19 1 EA
Furnish and install junction structure for a 30-
inch connection to an existing 48-inch storm
drain per SPPWC standard plan 331-3 for the
unit price of:
$36,000.00 $36,000.00 $53,810.03 $53,810.03 $12,300.00 $12,300.00 $2,000.00 $2,000.00 $37,600.00 $37,600.00 $28,342.01 $28,342.01 20 1 EA
Furnish and install a 30-inch connection to
precast concrete air-gap structure for the unit
price of:
$41,000.00 $41,000.00 $16,883.22 $16,883.22 $7,565.00 $7,565.00 $25,000.00 $25,000.00 $7,000.00 $7,000.00 $19,489.64 $19,489.64 21 930 LF
Furnish and install 12-inch and 8-inch ductile
iron pipe (CL 350) including fittings, anchor
blocks, pressure testing, disinfection, trench
dewatering, and hot tap reconnections to
existing water main, trenching, backfill,
compaction, and appurtenances for the price per
linear foot of (Phase 1):
$679.00 $631,470.00 $598.64 $556,735.20 $414.00 $385,020.00 $241.69 $224,775.00 $319.46 $297,100.00 $450.56 $419,020.04 22 5 EA
Furnish and install 12-inch resilient wedge
ductile iron gate valves with valve box and
appurtenances for the unit price of (Phase 1):
$7,500.00 $37,500.00 $7,521.86 $37,609.30 $10,656.00 $53,280.00 $22,500.00 $112,500.00 $7,600.00 $38,000.00 $11,155.57 $55,777.86 23 2 EA
Furnish and install 8-inch resilient wedge ductile
iron gate valves with valve box and
appurtenances for the unit price of (Phase 1):
$5,000.00 $10,000.00 $4,875.28 $9,750.56 $5,986.00 $11,972.00 $25,000.00 $50,000.00 $4,100.00 $8,200.00 $8,992.26 $17,984.51 24 1 LS Startup and testing the site for well equipping construction for the lump sum price of: $39,000.00 $39,000.00 $32,036.06 $32,036.06 $23,000.00 $23,000.00 $50,000.00 $50,000.00 $45,700.00 $45,700.00 $37,947.21 $37,947.21 25 1 LS
Record documents, O&M manuals and
warranties in preparing the site for well
equipping construction for the lump sum price
of:
$2,500.00 $2,500.00 $3,398.53 $3,398.53 $3,500.00 $3,500.00 $10,000.00 $10,000.00 $37,000.00 $37,000.00 $11,279.71 $11,279.71 26 1 LS
Furnish spare parts and training for well
equipping construction for the lump sum price
of:
$2,500.00 $2,500.00 $6,964.69 $6,964.69 $7,100.00 $7,100.00 $25,000.00 $25,000.00 $46,600.00 $46,600.00 $17,632.94 $17,632.94 27 1 LS
Provide a Native American monitor from or
approved by the Gabrieleño Band of Mission
Indians – Kizh Nation at the Project site for 9
hours per day for the duration of ground
disturbing activity for the lump sum price of:
$92,000.00 $92,000.00 $320,821.09 $320,821.09 $32,400.00 $32,400.00 $120,000.00 $120,000.00 $20,000.00 $20,000.00 $117,044.22 $117,044.22 1 1065 LF
Furnish and install 12-inch ductile iron pipe (CL
350) including fittings, anchor blocks, pressure
testing, disinfection, trench dewatering, and hot
tap reconnection to existing water main,
trenching, backfill, compaction, and
appurtenances for the price per linear foot of
(Phase 2):
$643.00 $684,795.00 $524.80 $558,912.00 $317.00 $337,605.00 $410.00 $436,650.00 $240.09 $255,700.00 $426.98 $454,732.40 2 3 EA
Furnish and install 12-inch resilient wedge
ductile iron gate valves with valve box and
appurtenances for the unit price of (Phase 2):
$7,700.00 $23,100.00 $8,125.47 $24,376.41 $11,440.00 $34,320.00 $15,000.00 $45,000.00 $7,600.00 $22,800.00 $9,973.09 $29,919.28 ADDITIVE A AMOUNT - PHASE 2 - WATER MAIN CONSTRUCTION FROM EL COCO WAY TO EL MONTE DRIVE PAGE 4 OF 5
Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Environmental Construction
Inc Legion Contractors Caliagua Inc Metro Builders & Engineers Group Engineer's Estimate Average
3 1 EA
Furnish and install 8-inch resilient wedge ductile
iron gate valve with valve box and
appurtenances for the unit price of (Phase 2):
$10,800.00 $10,800.00 $9,750.55 $9,750.55 $11,970.00 $11,970.00 $9,000.00 $9,000.00 $4,100.00 $4,100.00 $9,124.11 $9,124.11 1 1280 LF
Furnish and install 12-inch ductile iron pipe (CL
350) including fittings, anchor blocks, pressure
testing, disinfection, trench dewatering, and hot
tap reconnections to existing water main,
trenching, backfill, compaction, and
appurtenances for the price per linear foot of
(Phase 3):
$648.00 $829,440.00 $514.05 $657,984.00 $307.00 $392,960.00 $410.00 $524,800.00 $235.31 $301,200.00 $422.87 $541,276.80 2 2 EA
Furnish and install 12-inch resilient wedge
ductile iron gate valves with valve box and
appurtenances for the unit price of (Phase 3):
$7,600.00 $15,200.00 $8,357.62 $16,715.24 $11,255.00 $22,510.00 $15,000.00 $30,000.00 $7,600.00 $15,200.00 $9,962.52 $19,925.05 TOTAL BASE AMOUNT $7,218,970.00 $6,722,123.02 $6,106,147.00 $6,461,304.00 $4,894,000.00 $6,280,508.80 TOTAL ADDITIVE A AMOUNT $718,695.00 $593,038.96 $383,895.00 $490,650.00 $282,600.00 $493,775.79 TOTAL ADDITIVE B AMOUNT $844,640.00 $674,699.24 $415,470.00 $554,800.00 $316,400.00 $561,201.85 $6,905,512.00
ADDITIVE B AMOUNT - PHASE 3 - WATER MAIN CONSTRUCTION FROM EL MONTE DRIVE TO WESTERN AVENUE PAGE 5 OF 5
CONTRACT
C-1
CONTRACT
CITY OF BUENA PARK CONTRACT FOR
PEAK PARK WATER WELL – EQUIPPING AND SITE IMPROVEMENTS
“Project”
Project Number: 387
Bid Number: 2026-17
This CONTRACT (“Contract”) is made and entered this 23rd day of June, 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and Environmental Construction, Inc., a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 498624. 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 May 4, 2026;
C. The Instructions to Bidders for the Project, dated May 4, 2026; D. Contractor’s Bid for the Project, dated June 4, 2027 (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 4, 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.
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
SIX MILLION NINE HUNDRED AND FIVE THOUSAND FIVE HUNDRED AND TWELVE DOLLARS ($6,905,512) 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 arising ther efrom. 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 TWO HUNDRED AND FORTY (240) WORKING DAYS from the date of written notice to proceed.
The Contractor further agrees to the assessment of liquidated damages in the amount of TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400) 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 officials, 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 C-3
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.”
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 C-4
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. 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 C-5
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:
"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 City'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 C-6
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.
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 sa me 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 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 fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents, volunteers and officers (“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 partia lly 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 C-7
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 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 s hall 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 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 the Project is a public work to which prevailing wages apply.
10. Community Workforce Agreement. The City and contractor acknowledge that the project is covered by a Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions (the “CWA”). Contractor agrees to abide by the terms and conditions of the CWA.
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 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.
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 negotia tions, 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.
C-8
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:
(For City Clerk) (“CONTRACTOR”)
By:
By:
C-9
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:
PEAK PARK WATER WELL - EQUIPPING AND SITE IMPROVEMENTS
(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 A merica, 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 als o 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 court, 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 C-10
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 hereb y 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.
C-11
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:
PEAK PARK WATER WELL - EQUIPPING AND SITE IMPROVEMENTS
(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, condition s 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 Public 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 C-12
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 provisions of California Civil Code Sections 2845 and 2 849. 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.
C-13
WORKER’S 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:
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:
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
C-14
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)
C-15
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 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 provision (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 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.
C-16
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) C-17
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 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 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.
C-18
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)
C-19
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 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 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.
C-20
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.
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 ________.
C-21
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 June 23, 2026
NEW BUSINESS
Item No. 5D.
City Council Agenda Report
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND APPROVAL OF A CONTRACT WITH R.J. NOBLECOMPANY FOR THE KNOTT AVENUE (LINCOLN AVENUE TO ARTESIA BOULEVARD) AND 8TH STREETREHABILITATION PROJECT
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 Knott Avenue (Lincoln Avenue to Artesia Boulevard) and 8th Street Rehabilitation Project; 2) Award a contract to R.J. Noble Company in the amount of $4,779,240; 3) Authorize contingency funds in the amount of $480,000 in the same purchase order; 4) Authorize construction engineering in the amount of $150,000; 5) Authorize a purchase order for the Solis Group in the amount of $11,760 for administration of the Community Workforce Agreement (CWA); 6) Authorize contingency funds in the amount of $1,500 for CWA administration; 7) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the contract; and 8) Authorize the City Manager and City Clerk to execute the contract.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
In accordance with the City's Pavement Management Plan (PMP), Knott Avenue and 8th Street were identified for rehabilitation in FY 2025-26 to preserve roadway infrastructure, improve safety, and extend pavement life. The PMP serves as a strategic tool to evaluate roadway conditions citywide and prioritize improvements that maximize the useful life of the City's pavement network. Pavement rehabilitation addresses surface deterioration, such as cracks, potholes, and wear, before more extensive and costly repairs become necessary. Timely rehabilitation helps preserve roadway infrastructure, improve safety and ride quality for motorists, cyclists, and pedestrians, reduce long-term maintenance costs, and extend the service life of the pavement.
The project site is located on Knott Avenue between Lincoln Avenue and Artesia Boulevard, and along 8th Street, west of Knott Avenue, spanning approximately three (3) miles in total. The proposed improvements include asphalt pavement rehabilitation; removal and replacement of damaged curb and gutter, cross gutters, and curb ramps that do not meet current ADA standards; and, utility adjustments. Additional enhancements include replacing existing turf medians with California-friendly landscaping, installing new signing and striping, and installing additional traffic control signage in accordance with the CA MUTCD.
The project was first advertised for competitive bids on May 14, 2026, and five (5) bids were received and publicly opened on June 8, 2026. Bid amounts ranged from $4,779,240 to $5,727,000. The engineer’s estimate for this project was approximately $4,991,000. The lowest, responsible bid submitted by R.J. Noble Company of Orange, California was in the amount of $4,779,240. R.J. Noble Company possesses the required contractor’s license to complete the project and has successfully completed similar pavement projects for the cities of San Juan Capistrano, Garden Grove, and Newport Beach as well as other Buena Park projects, including the Altura Boulevard Pavement Rehabilitation, and the 2020-2021 and 2023-2024 Annual Pavement Rehabilitation projects.
Staff recommends awarding a contract to R.J. Noble Company in the amount of $4,779,240, approving contingency funds in the amount of $480,000, construction engineering funds in the amount of $150,000, and CWA services in the amount of $13,260, for a total project amount of $5,422,500.
Construction is anticipated to begin in August 2026 and be completed by January 2027.
BUDGET IMPACT
Total project costs are shown below with the following breakdown:
Construction Contract: $4,779,240 Construction Contingency: $480,000
Construction Engineering: $150,000
CWA Administration Services: $ 11,760
CWA Contingency: $ 1,500 Total Project Cost: $5,422,500
The project is included in the City’s Capital Improvement Program (CIP) and is funded through Measure R and Measure M2 funds in the Knott Avenue Rehab budget (Account No. 24-9806-590185). There are sufficient funds in the project account to fully fund and complete the project.
Attachments
Att. 1 of 3 - Resolution - Knott Ave & 8th St.pdf
Att. 2 of 3 - Bid Summary and Results.pdf
Att. 3 of 3 - PW Contract - Knott Ave & 8th St.pdf
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING
PLANS AND SPECIFICATIONS FOR THE KNOTT AVENUE (LINCOLN AVENUE TO ARTESIA BOULEVARD) AND 8TH STREET REHABILITATION 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:
KNOTT AVENUE (LINCOLN AVENUE TO ARTESIA BOULEVARD)
AND 8TH STREET REHABILITATION PROJECT
PASSED AND ADOPTED this 23rd day of June 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 23rd day of June 2026.
_______________________________________
City Clerk
Total Bid Amount
1 All American Asphalt $5,064,664.00
2 Excel Paving $5,678,543.36
3 Hardy & Harper, Inc. $4,850,000.00
4 Onyx Paving Company, Inc. $5,727,000.00
5 R.J. Noble Company $4,779,240.00
Bid Opening: 6/8/26 - 2:00 P.M.
Company Name
CITY OF BUENA PARK
KNOTT AVENUE (LINCOLN AVENUE TO ARTESIA BOULEVARD)
BID SUMMARY
Project No. 520 and Bid No. 2026-14
AND 8TH STREET REHABILITATION PROJECT
Revised: 6/9/2026
Contractor's Average Engineer's Estimate
Item No. Est. Qty Unit Description Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 1 LS Mobilization and Demobilization. $150,000.00 $150,000.00 $536,897.00 $536,897.00 $200,134.00 $200,134.00 $170,268.60 $170,268.60 $258,000.00 $258,000.00 $263,059.92 $263,059.92 $214,958.00 $214,958.00 2 1 LS Traffic Control. $459,784.64 $459,784.64 $459,000.00 $459,000.00 $450,000.00 $450,000.00 $460,000.00 $460,000.00 $120,000.00 $120,000.00 $389,756.93 $389,756.93 $400,000.00 $400,000.00 3 1 LS Construction Project Information Signs. $3,200.00 $3,200.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $4,500.00 $4,500.00 $2,500.00 $2,500.00 $3,040.00 $3,040.00 $5,000.00 $5,000.00 4 1 LS Water Pollution Control Program BMP's. $8,000.00 $8,000.00 $14,000.00 $14,000.00 $25,000.00 $25,000.00 $18,000.00 $18,000.00 $15,000.00 $15,000.00 $16,000.00 $16,000.00 $12,000.00 $12,000.00 5 1 LS Construction Staking. $30,000.00 $30,000.00 $31,000.00 $31,000.00 $30,000.00 $30,000.00 $32,000.00 $32,000.00 $32,000.00 $32,000.00 $31,000.00 $31,000.00 $60,000.00 $60,000.00 6 663694 SF Cold Mill 2-inch AC Pavment. $0.35 $232,292.90 $0.29 $192,471.26 $0.30 $199,108.20 $0.52 $345,120.88 $0.34 $225,655.96 $0.36 $238,929.84 $0.40 $265,477.60 7 97538 SF Cold Plan Existing Asphalt Concrete Pavement to a Uniform Depth of 0.17' (2"). $0.35 $34,138.30 $0.33 $32,187.54 $0.30 $29,261.40 $0.60 $58,522.80 $0.36 $35,113.68 $0.39 $37,844.74 $0.40 $39,015.20 8 362772 SF Cold Mill 3-inch AC Pavment. $0.53 $192,269.16 $0.48 $174,130.56 $0.45 $163,247.40 $0.76 $275,706.72 $0.38 $137,853.36 $0.52 $188,641.44 $0.55 $199,524.60 9 1544 SF
Remove A.C., A.B., and Subgrade to a Depth of 12 1/2 Inches Prior to Cold Milling/Overlay and Construct New 7-Inch Thick A.C. Pavement Over 5.5-Inch A.B. Over 12-Inch Compacted Base. $17.00 $26,248.00 $24.00 $37,056.00 $27.00 $41,688.00 $22.50 $34,740.00 $20.00 $30,880.00 $22.10 $34,122.40 $30.00 $46,320.00 10 68 SF
Remove A.C., A.B., and Subgrade to a Depth of 15 Inches Prior to Cold Milling/Overlay and Construct New 7-Inch Thick A.C. Pavement Over 8-Inch A.B. Over 12-Inch Compacted Base. $17.00 $1,156.00 $28.00 $1,904.00 $27.00 $1,836.00 $26.00 $1,768.00 $23.00 $1,564.00 $24.20 $1,645.60 $50.00 $3,400.00 11 400 SF
Remove A.C., A.B., and Subgrade to a Depth of 16 Inches Prior to Cold Milling/Overlay and Construct New 7-Inch Thick A.C. Pavement Over 9-Inch A.B. Over 12-Inch Compacted Base. $17.00 $6,800.00 $31.00 $12,400.00 $27.00 $10,800.00 $30.00 $12,000.00 $27.00 $10,800.00 $26.40 $10,560.00 $45.00 $18,000.00 12 693 SF
Remove A.C., A.B., and Subgrade to a Depth of 17 Inches Prior to Cold Milling/Overlay and Construct New 7-Inch Thick A.C. Pavement Over 10-Inch A.B. Over 12-Inch Compacted Base. $17.00 $11,781.00 $32.00 $22,176.00 $27.00 $18,711.00 $31.00 $21,483.00 $30.00 $20,790.00 $27.40 $18,988.20 $40.00 $27,720.00 13 1 LS
Remove Existing Curb at Raised Median. Salvage Pavers in Good Condition and Reinstall to Match the Existing Pattern. Replace any Damaged Pavers in Kind. $231,000.00 $231,000.00 $92,000.00 $92,000.00 $40,000.00 $40,000.00 $298,000.00 $298,000.00 $75,000.00 $75,000.00 $147,200.00 $147,200.00 $55,000.00 $55,000.00 14 8293 TON Construct New 2-Inch Thick Ashpalt Concrete Finish Course. $126.00 $1,044,918.00 $128.00 $1,061,504.00 $128.00 $1,061,504.00 $136.00 $1,127,848.00 $132.00 $1,094,676.00 $130.00 $1,078,090.00 $135.00 $1,119,555.00 15 1219 TON Construct 0.17' (2") Hot Mix Asphalt (HMA) Overlay Using Type A Mix. $115.00 $140,185.00 $152.00 $185,288.00 $128.00 $156,032.00 $124.00 $151,156.00 $125.00 $152,375.00 $128.80 $157,007.20 $135.00 $164,565.00 16 6666 TON Construct New 3-Inch Thick Ashpalt Concrete Finish Course. $126.00 $839,916.00 $134.00 $893,244.00 $128.00 $853,248.00 $136.00 $906,576.00 $132.00 $879,912.00 $131.20 $874,579.20 $165.00 $1,099,890.00 17 6 EA
Remove Existing ADA Ramp and Construct Curb Ramp per OCPW Std. Plan 1115, Type 1. All work is inclusive BCR to ECR and includes Asphalt Paving, Detectable Warning Surface, Curb & Gutter, Cross Gutter, Ramp & Sidewalk, and Transition Sidewalk Panels as Required for ADA Compliance; in Addition includes Saw Cutting, Full Depth Removal of AC & Base Material and Construction of Slot AC Pavement. $10,400.00 $62,400.00 $20,000.00 $120,000.00 $9,600.00 $57,600.00 $8,500.00 $51,000.00 $10,500.00 $63,000.00 $11,800.00 $70,800.00 $7,000.00 $42,000.00 18 5 EA
Remove Existing ADA Ramp and Construct Curb Ramp per OCPW Std. Plan 1115, Type 4. All work is inclusive BCR to ECR and includes Asphalt Paving, Detectable Warning Surface, Curb & Gutter, Cross Gutter, Ramp & Sidewalk, and Transition Sidewalk Panels as Required for ADA Compliance; in Addition inclused Saw Cutting, Full Depth Removal of AC & Base Material and Construction of Slot AC Pavement. $10,400.00 $52,000.00 $20,000.00 $100,000.00 $9,600.00 $48,000.00 $8,500.00 $42,500.00 $10,500.00 $52,500.00 $11,800.00 $59,000.00 $7,000.00 $35,000.00 19 21 EA Adjust Existing Manhole to Grade per Bid Documents and per OCPW STD Plan 1509. $2,200.00 $46,200.00 $2,000.00 $42,000.00 $1,300.00 $27,300.00 $1,500.00 $31,500.00 $1,200.00 $25,200.00 $1,640.00 $34,440.00 $1,700.00 $35,700.00 20 123 EA Adjust Existing Valve To Grade per Bid Documents and per OCPW STD Plan 1509. $1,300.00 $159,900.00 $1,300.00 $159,900.00 $1,300.00 $159,900.00 $1,000.00 $123,000.00 $1,200.00 $147,600.00 $1,220.00 $150,060.00 $1,300.00 $159,900.00 21 19 EA Adjust OC SAN Manholes to Grade per OC San Standard Plans S-050A, S-055, & S-055A. $2,200.00 $41,800.00 $4,000.00 $76,000.00 $3,000.00 $57,000.00 $1,700.00 $32,300.00 $3,200.00 $60,800.00 $2,820.00 $53,580.00 $5,000.00 $95,000.00 22 27 EA
Remove Existing Manhole Cover, Furnish and Install New Composite Sanitary Sewer Manhole Frame and Cover per Specification and Adjust to Final Grade per OCPW STD Plan 1509. $3,400.00 $91,800.00 $3,200.00 $86,400.00 $2,700.00 $72,900.00 $1,700.00 $45,900.00 $2,200.00 $59,400.00 $2,640.00 $71,280.00 $2,600.00 $70,200.00 23 460 SF
Remove Existing Slotted Gutter and Construct New Concrete Cross Gutter (No Slots) per OCPW STD 122- 2-OC and Detail on Sheet 4. $30.00 $13,800.00 $42.00 $19,320.00 $33.00 $15,180.00 $32.00 $14,720.00 $32.00 $14,720.00 $33.80 $15,548.00 $40.00 $18,400.00 24 4 EA Reset Benchmark/Survey Monument. Flush with Finish Grade. $3,000.00 $12,000.00 $800.00 $3,200.00 $1,000.00 $4,000.00 $800.00 $3,200.00 $2,000.00 $8,000.00 $1,520.00 $6,080.00 $1,000.00 $4,000.00 25 17 EA Adjust Existing AT&T Manhole to Grade per Bid Documents and per OCPW STD Plan 1509. $2,200.00 $37,400.00 $2,500.00 $42,500.00 $1,300.00 $22,100.00 $1,700.00 $28,900.00 $1,200.00 $20,400.00 $1,780.00 $30,260.00 $1,700.00 $28,900.00 26 7 EA Adjust Existing MFN Manhole to Grade per Bid Documents and per OCPW STD Plan 1509. $2,200.00 $15,400.00 $2,500.00 $17,500.00 $1,300.00 $9,100.00 $1,700.00 $11,900.00 $1,200.00 $8,400.00 $1,780.00 $12,460.00 $1,700.00 $11,900.00 27 4375 LF Construct Median with 6-Inch Curb per City of Buena Park STD Plan 201. $49.00 $214,375.00 $87.00 $380,625.00 $42.00 $183,750.00 $42.00 $183,750.00 $70.00 $306,250.00 $58.00 $253,750.00 $85.00 $371,875.00 28 18 EA Remove and Dispose Existing Traffic Loops per Street Improvement Plans. $200.00 $3,600.00 $100.00 $1,800.00 $200.00 $3,600.00 $500.00 $9,000.00 $25.00 $450.00 $205.00 $3,690.00 $100.00 $1,800.00 29 1 LS
Install Signing and Striping per Plan and Remove Conflicting Striping or Markings by Wet Sandblasting Process. $336,000.00 $336,000.00 $243,000.00 $243,000.00 $300,000.00 $300,000.00 $482,000.00 $482,000.00 $250,000.00 $250,000.00 $322,200.00 $322,200.00 $30,000.00 $30,000.00 30 64 EA Install Type D Traffic Loops per Plan. $500.00 $32,000.00 $500.00 $32,000.00 $500.00 $32,000.00 $470.00 $30,080.00 $450.00 $28,800.00 $484.00 $30,976.00 $500.00 $32,000.00 31 148 EA Install Type E Traffic Loops per Plan. $475.00 $70,300.00 $480.00 $71,040.00 $500.00 $74,000.00 $470.00 $69,560.00 $450.00 $66,600.00 $475.00 $70,300.00 $500.00 $74,000.00 32 1 LS Install Landscape & Irrigation. $464,000.00 $464,000.00 $536,000.00 $536,000.00 $500,000.00 $500,000.00 $650,000.00 $650,000.00 $575,000.00 $575,000.00 $545,000.00 $545,000.00 $250,000.00 $250,000.00 PROJECT TOTAL: $5,064,664.00 $5,678,543.36 $4,850,000.00 $5,727,000.00 $4,779,240.00 $5,219,889.47 $4,991,100.40 Project No. 520 and Bid No. 2026-14
Bid Opening: 6/8/26 - 2:00 P.M.
All American Asphalt R.J. Noble CompanyOnyx Paving Company, Inc.Hardy & Harper, Inc.Excel Paving
CITY OF BUENA PARK
KNOTT AVENUE (LINCOLN AVENUE TO ARTESIA BOULEVARD) AND 8TH STREET REHABILITATION PROJECT
BID RESULTS
Schedule of Work Items
Revised: 6/9/2026
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CONTRACT
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CONTRACT
CITY OF BUENA PARK CONTRACT FOR
KNOTT AVENUE (LINCOLN AVENUE TO ARTESIA BOULEVARD)
AND 8TH STREET REHABILITATION
“Project”
Project Number: 520
Bid Number: 2026-14
This CONTRACT (“Contract”) is made and entered this 23rd day of June, 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and R.J.
Noble Company, a California Corpo ration (“Contractor”). Contractor’s California State Contractor’s license number is 782908. 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 May 14, 2026;
C. The Instructions to Bidders for the Project, dated May 14, 2026; D. Contractor’s Bid for the Project, dated June 8, 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 13, 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.
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
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Four Million Seven Hundred Seventy-Nine Thousand Two Hundred Forty Dollars ($4,779,240.00) 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 arising ther efrom. 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 NINETY (90) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of ONE THOUSAND DOLLARS ($1,000) 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 officials, 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.”
B. General Insurance Requirements.
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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 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 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
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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:
"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."
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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 City'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, includ ing 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.
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
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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 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 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 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 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.
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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. Community Workforce Agreement. The City and contractor acknowledge that the project is covered by a Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions (the “CWA”). Contractor agrees to abide by the terms and conditions of the CWA.
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 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.
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 negotiati ons, 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.
C-8
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:
June 23, 2026
NEW BUSINESS
Item No. 5D.
City Council Agenda Report
RESOLUTIONS PERTAINING TO THE BUENA PARK GENERAL MUNICIPAL ELECTION OF THREE COUNCILMEMBER SEATS FOR DISTRICTS 1, 2, AND 5, FOR TUESDAY, NOVEMBER 3, 2026
PREPARED BY PRESENTED BY
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk Aaron France, City Manager
RECOMMENDED ACTION
Recommended Action: Adopt Resolutions: 1) Calling for the holding of a General Municipal Election to be held on Tuesday, November 3, 2026, for the election of one Council Member in District 1, one Council Member in District 2, and one Council Member in District 5, for a full term of four years each; 2) Requesting the Orange County Registrar of Voters to consolidate a General Municipal Election to be held on November 3, 2026, with the Statewide General Election to be held on the date pursuant to Section 10403 of the California Elections Code; 3) Adopting regulations pertaining to candidates statements; and, 4) Determining a tie-vote shall be resolved by a runoff election.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
This year the City will have a General Municipal Election, consolidated with the Statewide General Election, on Tuesday, November 3, 2026. There will be three City Council seats to fill in Districts 1, 2 and 5, for a full-term of four years each. The nomination filing period begins July 13, 2026 and ends August 6, 2026. If an eligible incumbent does not file for candidacy, a five-day extension will permit filing until Wednesday, August 12, 2026.
Public Notices will be published in local adjudicated newspapers and posted at the City's designated posting locations (City Hall, Ehlers Event Center, and OCFA Station No. 61).
The first resolution for City Council's consideration is a resolution calling the November 3, 2026 General Municipal Election. The additional resolutions establish guidelines for candidate statements, request the City Council consolidate with the County of Orange for election services, and authorize a runoff election in the event of a tie- vote. The CA Election Code states that a tie-vote shall be resolved by a runoff election and the City Council is authorized to adopt provisions for such. Additional costs in the amount of approximately $25,000 per district would need future approval if a runoff election is called. Pursuant to Sections 10400 - 10418 of the CA Elections Code and provision of law in the California Government Code, these Resolutions must be adopted in order to proceed with the General Municipal Election. Therefore, it would be appropriate for the City Council to adopt resolutions calling for the election, requesting its consolidation with the Statewide General Election, establishing regulations for candidates' statements, and authorizing a runoff election in the event of a tie-vote.
BUDGET IMPACT
The Orange County Registrar of Voters' estimate of $78,560 was included in the proposed FY 2026-2027 budget to cover the cost of consolidating the General Municipal Election for District Council seats 1, 2, and 5.
Attachments
Resolution-Calling Election.pdf
Resolution-Consolidation w-OC ROV.pdf
Resolution-Candidate Statement Guidelines.pdf
Resolution-Deciding Tie Vote.pdf
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, CALLING FOR THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER, 3, 2026 FOR THE ELECTION OF THREE COUNCIL
MEMBER SEATS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO
CHARTER CITIES
WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a General Municipal Election shall be held on November 3, 2026, for the election of two Council Members; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: That pursuant to the requirements of the laws of the State of California relating to Charter Cities, there is called and ordered to be held in the City of Buena Park, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing three Council Members of the City Council for the full term of four years. One member shall be elected from and by the voters of District 1; one member shall be elected from and by the voters of District 2; and, one member shall be elected from and by the voters of District 5.
Section 2: That the ballots to be used at the election shall be in form and content as required by law; and,
Section 3: That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election; and,
Section 4: That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California; and,
Section 5: That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections; and,
Section 6: That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law; and,
Section 7: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
RESOLUTION NO.
Section 8: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 10: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 23rd day of June 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 23rd day of June 2026.
______________________________________
City Clerk
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT
TO §10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Buena Park called a General Municipal Election to be held on November 3, 2026, for the purpose of the election of three Members of the City Council; and,
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of the election of three Members of the City Council; and,
Section 2: That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
Section 3: That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
Section 4: That the City of Buena Park recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
Section 5: That the City Clerk is hereby directed to file a certified copy of this resolution with the County of Orange Board of Supervisors and the County of Orange Registrar of Voters.
RESOLUTION NO.
Section 6: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this 23rd day of June 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 23rd day of June 2026.
______________________________________
City Clerk
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Buena Park on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2: Foreign Language Policy.
A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Orange. The County is required to translate candidate’s statements into the following languages: Spanish, Tagalog, Vietnamese, and Korean.
B. The County will mail separate voter information guides and candidates statements in Spanish, Tagalog, Vietnamese, and Korean to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
RESOLUTION NO.
Section 3. Payment.
A. Translations.
1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and\or State law.
2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.
B. Printing.
1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in Section 2 above, in the main voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 4. Miscellaneous.
A. All translations shall be provided by professionally certified translators.
B. The City Clerk shall allow bold type, underlining, capitalization, indentations, leading hyphens, to the same extent and manner as allowed in previous City elections.
C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
RESOLUTION NO.
Section 5. Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.
Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
Section 7. That all previous resolutions establishing council policy on payment for candidates’ statements are hereby repealed.
Section 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 9: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 23rd day of June 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 23rd day of June 2026.
______________________________________
City Clerk
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, PROVIDING FOR THE
CONDUCT OF A SPECIAL RUNOFF ELECTION FOR
ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE
ELECTION TO BE HELD NOVEMBER 3, 2026
WHEREAS, § 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Pursuant to § 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the city, there shall be held within the city a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
Section 2. That this resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Section 4: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 23rd day of June 2026 by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________________
Mayor
RESOLUTION NO.
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 23rd day of June 2026.
______________________________________
City Clerk
June 23, 2026
PUBLIC HEARING
Item No. 6A.
City Council Agenda Report
ORDINANCE AND RESOLUTIONS ADOPTING GENERAL PLAN AMENDMENT NO. GP-25-1, ZONE CHANGENO. Z-25-1, TENTATIVE TRACT MAP NO. TT-25-2, CONDITIONAL USE PERMIT NO. CU-25-5, ANDMITIGATED NEGATIVE DECLARATION NO. MND-25-1 FOR 5600 BEACH BOULEVARD
PREPARED BY PRESENTED BY
Ian McAleese, Senior Planner Ian McAleese, Senior Planner
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager
RECOMMENDED ACTION
1) Conduct a public hearing; and 2) thereafter based on the analysis provided in this agenda report and the factsand findings provided in the attached Resolutions and an Ordinance, adopt Resolutions and Ordinance approving aGeneral Plan Amendment (GP-25-1) to amend the existing General Plan Land Use designation from LightIndustrial to High Density Residential; a Zone Change (Z-25-1) to amend the existing zoning district from ML (LightIndustrial) to RM-20 (Medium-Density Multi-Family Residential); a Tentative Tract Map (TT-25-2) to subdivide threeexisting parcels into two lots for senior affordable apartments and condominium purposes; a Conditional UsePermit (CU-25-5) to permit the proposed 50 affordable senior apartments, 231-unit condominium townhome andduet development, and to allow building heights up to 48-feet; and Mitigated Negative Declaration (MND-25-1)certifying the project in compliance with the California Environmental Quality Act (CEQA) for the property located at5600 Beach Boulevard.
PREVIOUS CITY COUNCIL ACTION
On May 18, 2026, the Planning Commission conducted a public hearing regarding the project. Following a staff presentation, public comment and deliberations, the Planning Commission voted 4-0-1 (4 ayes, 0 noes, 1 abstain) recommending that the City Council approve the project as proposed and certify the Mitigated Negative Declaration.
DISCUSSION
Project Description:
The proposed project consists of a four-story, 50-unit senior affordable for-rent apartment building consisting of 44 one-bedroom units and 6 two-bedroom units; and 231 three-story residential, for-sale, townhomes and duets consisting of 114 townhomes and 117 duets. The townhome-style buildings will contain between four (4) and six (6) units, and the duets will contain up to two (2) units per building. The townhouse and duets each include an attached two-car garage at the ground level and two floors of living space above. In addition to the garage parking spaces, there will be 105 open parking spaces for guests, for a total of 567 on-site parking spaces. The project will provide 18% of the units as deed-restricted affordable, for-rent, senior housing (total of 50 units).
The following table provides a summary of the proposed floor plan types and parking provided for the affordable senior apartments, townhomes, and duets:
Affordable Senior Apartments:
Units: Stories: Bedrooms: Bathrooms:Net Floor Area (square feet):Parking:
37 4 1 1 505 27 shared open spac
7 4 1 1 546 27 shared open spac
6 4 2 1 733 27 shared open spac
Townhomes:
Units: Stories: Bedrooms: Bathrooms: Net Floor Area (square feet):Parking:
16 3 2 2.5 1,238 2-car garage (506 squ
16 3 3 2.5 1,523 2-car garage (528 squ
35 3 3 2.5 1,646 2-car garage (479 squ
47 3 4 3.5 1,862 2-car garage (459 squ
Duets:
Units: Stories: Bedrooms: Bathrooms:Net Floor Area (square feet):Parking:
25 3 3 3.5 1,694 2-car garage (472 squ
34 3 3 3.5 1,800 2-car garage (472 squ
58 3 4 3.5 1,947 2-car garage (486 squ
Vehicular access to the project will be from two driveways located on Beach Boulevard and one driveway located on the south side of the property, accessed from Darlington Avenue over the Brea Creek flood control channel.
Internal streets and driveways are provided to accommodate on-site vehicular access, emergency and trash service vehicle circulation, and access to the off-street parking areas.
The Buena Park Municipal Code (BPMC) Table 19.436.050 (Parking Spaces Required) requires multifamily apartments in the RM-20 zone with one (1) bedroom to provide two (2) parking spaces with one (1) required to be covered, and for two (2) bedroom units to provide 2.5 parking spaces with one (1) requiried to be covered.
Townhomes and duets in the RM-20 zone with up to three (3) bedrooms are required to provide two (2) garage parking spaces plus one (1) additional open parking space per unit, and four (4) bedroom units are required to provide two (2) garage parking spaces plus 1.5 additional open parking spaces per unit. However, because of the proposed affordable housing units, the project qualifies for a reduced parking ratio pursuant to the State Density Bonus Law (Government Code Section 65915) which allows for-rent housing for individuals who are 55 years of age or older to provide no parking, two- to three-bedroom units to provide 1.5 parking spaces per unit, and four- bedroom units to provide 2.5 parking spaces per unit, for a total required parking of 452 onsite parking spaces.
Additionally, Assembly Bill (AB) 2097 qualified development projects located within ½ mile of a major transit stop are not subject to minimum parking requirements. Although not legally required, the applicant has proposed an attached two-car garage for each unit totaling 462 garage parking spaces, plus 105 additional open parking spaces for a total of 567 off-street parking spaces, or more than 115 parking spaces more than the minimum amount of parking that can be required by code if AB 2097 were not applicable to this project.
The townhomes and duets have been designed in the modern Spanish Colonial and Farmhouse architectural styles. The modern Spanish architectural design consists of a gable-roof with cross-gable ends comprised of concrete S-tiles in a terracotta color. The design will incorporate an earth-toned color palette (white, brown, and tan) with a variety of exterior accent colors and materials, along with variations in wall-planes and building heights to break up building massing and provide visual interest. The three-story units will vary in heights from 37-feet 4- inches to a maximum height of 38-feet 8-inches. To maximize privacy for the single-family homes to the south of the project site, no balconies are proposed along the south elevations of the buildings along the southern side of the project, and upper story windows have been strategically placed to minimize site lines to the south.
The modern Farmhouse architectural style consists of a gable-roof with cross-gable ends comprised of concrete flat tiles in a brown tone. The design will incorporate an earth-toned color palette (gray, off-white, and tan) with a variety of exterior accent colors and materials, along with variations in wall-planes and building heights to break up building massing and provide visual interest. The three-story units will vary in heights from 38-feet 1-inch to a maximum height of 39-feet. To maximize privacy for the single-family homes to the south of the project site, no balconies are proposed along those elevations, and upper story windows have been strategically placed to minimize site lines to the south.
The proposed senior affordable apartment development has been designed in the modern Spanish architectural style to complement the townhomes and duets. The design will incorporate an earth-toned color palette (brown and tan) with a variety of exterior accent colors and materials, along with variations in wall-planes and building heights to break up building massing and provide visual interest. The four-story building will be 48-feet in height. The proposed exterior materials consist of a combination of brown and tan painted stucco, off-white decorative stucco window trims, decorative tile surrounds, brick veneer, wood composite rafter tails, wall accent details, lattice awnings, bay windows, and decorative contrasting wood composite siding panels. The rooftop deck will feature a wood composite trellis lattice cover.
The project will provide approximately 112,215 square feet of landscaped area throughout the site including 950 new trees. The landscaped areas along the north and east property line will feature a variety of accent trees and vines to further screen the property from the adjacent railroad tracks. Vine pockets will be provided along the property line wall, which will allow the vines to grow onto the railroad right-of-way side of the wall which will deter graffiti once established. The southern portion of the parcel consists of screening trees ranging from 24-inch to 36- inch box to provide privacy and visual buffer from the single-family homes located across the Brea Creek flood control channel. The project will provide landscaping along the project frontage, within the parking lot areas, common outdoor open spaces and required setback areas. The open space areas throughout the development will feature mature trees with enhanced landscaping, and decorative paved walkways. The project will also include three separate larger recreational areas that will feature shade trees, tables, lounge chairs, seating areas, built-in barbeques, decorative boulders, play equipment, passive play areas, along with a pool and spa.
New block walls will be constructed along the north and south property lines. The 8-foot-high wall along the rail corridor running along the northern property line, along with the screening trees, will help minimize potential noise from the freight and passenger trains that utilize the corridor. The south property line adjacent to the Brea Creek flood control channel will be developed with 6-foot-high walls and screening trees to help retain privacy for the existing single-family homes south of the channel. Other proposed fences and walls within the project will feature decorative stucco treated block walls painted to match the buildings for the private yard areas with metal gates, and tubular steel fencing.
APPLICATION ANALYSIS
Entitlements Required:
The following entitlements are required for this project:
General Plan Land Use Map Amendment No. GP-25-1 – A General Plan Land Use Map amendment to change the existing General Plan Land Use designation from Light Industrial to High Density Residential; Zone Change No. Z-25-1 – A Zoning Map amendment to change the zoning from ML (Light Industrial) to RM-20 (Medium-Density Multi-Family Residential);
Tentative Tract Map No. TT-25-2 – To subdivide three existing parcels into one lot for an affordable senior apartment building (50-units), and another lot for condominium purposes (231-unit townhomes); and Conditional Use Permit No. CU-25-5 – A Conditional Use Permit for the proposed 50 affordable senior apartments, 231-unit condominium townhome and duet development within the RM-20 (Medium-Density Multi- Family Residential) Zone, and to allow building heights up to 48-feet.
General Plan Amendment and Zone Change
The project will provide 18% of the total units as deed restricted affordable units (50 units in total), qualifying for density bonus units, as well as several concessions, incentives, and waivers per the state Density Bonus Law. The total density of the project is 20.4 dwelling units per acre. Of the 50 affordable housing units, 38 units are designated at the Low-Income affordability range, 6 units are designated as Very-Low-Income, and 6 units are designated at the Extremely-Low-Income affordability range. By providing these affordable housing units, the project qualifies for a density bonus, which would have allowed the developer to add 106 additional units, for a total allowable unit count of 437 dwelling units, while only 281 units are proposed.
The proposed project implements multiple goals and policies contained in the City's General Plan in that the proposed development provides a diversity of housing stock including 18% of the 281 units to be designated as affordable housing and has been designed with quality architectural treatments and varied roof lines that provides additional architectural interest. The proposed development will enhance the physical and visual qualities of the subject property with significant landscaping, interesting urban design elements, including a variety of building materials, and varied façades thereby enhancing the aesthetics of the surrounding neighborhood. The project also includes the development of common open space that feature gathering places with amenities that would support the needs of residents and their visitors. The existing property will be transformed from a planned non-operational industrial property into an apartment and townhome residential development that meets the City’s housing needs, land use and community design goals, while satisfying the Development Code requirements, and will be adequately regulated through the Conditions of Approval and Mitigation Measures in order to minimize potential impacts.
Tentative Tract Map and Conditional Use Permit
The proposed project will subdivide three existing parcels containing approximately 13.754 acres into an approximately 0.76-acre lot for affordable senior apartments (50-units), and an approximately 13-acre lot for condominium purposes (231-unit townhomes and duets). According to the State Density Bonus Law, the project qualifies for two incentives or concessions because of the proposed affordable housing. The concessions requested are to allow a reduction in front yard setback to approximately 7 feet instead of the required 15 feet, and to reduce the required building-to-building setback distances. Additionally, the applicant is eligible to receive waivers from the City’s development standards when those standards would physically preclude the development at the density permitted. A complete list of the requested concession and waivers is provided as in the attachments.
The project, as proposed and conditioned, with the requested concession and waivers meets the BPMC standards, including but not limited to density, setbacks, building heights, parking, open space, landscaping, and fences for the 50 affordable senior apartment units and the 231-unit townhome and duet development within the proposed RM-20 Zone.
ENVIRONMENTAL ASSESSMENT:
In accordance with the CEQA Guidelines, the City has determined that an Initial Study/Mitigated Negative Declaration (IS/MND) is the appropriate environmental document for this project. In accordance with Section 15063 (Initial Study) of the California Environmental Quality Act (CEQA), an IS/MND was prepared. Pursuant to Section 15072 of the Title 14 of the California Code of Regulations, a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) was filed, posted and mailed on April 3, 2026 for the CEQA-mandated thirty (30)-day public review and comment period. The comment period ended on May 4, 2026. Five (5) comments were received and responses to the comments were prepared and included in the Final Initial Study/Mitigated Negative Declaration. A copy of the response to comments and final draft Mitigated Negative Declaration is provided.
PUBLIC HEARING NOTIFICATION:
Notice of public hearing was posted at City Hall, Orange County Fire Authority Station No. 61, and the Ehlers Event Center on June 11, 2026 as well as on the City's website. On June 11, 2026, 304 public hearing notices were mailed to property owners located within a 300-foot radius of the subject property, and beyond, upon staff’s request. Additionally, on June 12, 2026, a newspaper notice was published. As of the publication of this report, one piece of correspondence has been received regarding the proposed project in support of the proposed housing.
BUDGET IMPACT
There is no budget impact associated with this action.
Attachments
Vicinity Map.pdf
City Council Ordinance Zone Change No. Z-25-1.pdf
City Council Resolution GP-25-1 (General Plan Amendment).pdf City Council Resolution TT-25-2 and CU-25.pdf
City Council Resolution MND-25-1 (Mitigated Negative Declaration).pdf CU-25-5 Development Plans dated RECEIVED MAY 6 2026 PLANNING DIV 1.pdf CU-25-5 Development Plans dated RECEIVED MAY 6 2026 PLANNING DIV 2.pdf TT-25-2 Vesting Tentative Tract Map No. 19419 Plans dated RECEIVED MAY 6 2026 PLANNING DIV.pdf Project Narrative Letter dated RECEIVED MAR 23 2026 PLANNING DIV.pdf Initial Study Mitigated Negative Declaration Mitigation Monitoring and Reporting Program web link.pdf CAAP Checklist.pdf
VICINITY MAP
CITY COUNCIL
June 23, 2026
GENERAL PLAN AMENDMENT NO. GP-25-1, ZONE CHANGE NO. Z-25-1, TENTATIVE TRACT MAP NO. TT-25-2, CONDITIONAL USE PERMIT NO. CU-25-5, MITIGATED NEGATIVE DECLARATION NO. MND-25-1
5600 Beach Boulevard
APNs: 066-572-08, 066-163-26, and 066-164-24
Franklin Street
Beach Boulevard
Artesia Boulevard
North
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Subject Property Project
Location
Stanton Avenue
Malvern Avenue
ORDINANCE NO.
ZONE CHANGE NO. Z-25-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK APPROVING ZONE CHANGE Z-25-1 TO CHANGE THE ZONING
CLASSIFICATION FROM ML (LIGHT INDUSTRIAL) TO RM-20 (MEDIUM-
DENSITY MULTI -FAMILY RESIDENTIAL) FOR THE PROPERT Y
LOCATED AT 5600 BEACH BOULEVARD (APNS: 066-572-08, 066-164- 24, AND 066-163-26)
A. Recitals.
(i) Scott DiCesare of Shopoff Realty Investments, applicant, 18565 Jamboree Road Suite 200, Irvine, CA 92612, on behalf of 5600 Beach Blvd BP Owner, LLC, property owner, 18565 Jamboree Road Suite 200, Irvine, CA 92612, has filed an application for Zone Change No.
Z-25-1 to change the existing zoning classification from ML (Light Industrial) to RM-20 (Medium- Density Multi-Family Residential) of the subject property located at 5600 Beach Boulevard (“Site”) to develop the property with a development of 231-unit townhomes and duets along with 50 affordable senior apartments with its required off-street parking, open space and associated on- and off-site improvements (“Project”). The Applicant has also submitted applications to amend the General Plan (General Plan GP-25-1), subdivide the parcel (Tentative Tract Map No. TT-25- 2), Conditional Use Permit (CU-25-5) for the development of the Project, and Mitigated Negative Declaration (MND-25-1).
(ii) Pursuant to Section 19.404.020(C) of the City’s Municipal Code, the RM-20 (Medium-Density Multi-Family Residential) zoning district authorizes for the development and preservation of medium -density apartments, condominiums, and group quarters in locations convenient to community commercial, recreational, and cultural activities.
(iii) The Project’s potential environmental impacts were analyzed through Initial Study and Mitigated Negative Declaration No. MND-25-1 and no significant environmental impact was found.
(iv) On May 18, 2026, the Planning Commission conducted a duly noticed public hearing, as required by law, to consider Zone Change No. Z-25-1 to amend the Zoning Map from ML (Light Industrial) to RM -20 (Medium -Density Multi -Family Residential) for the Subject Property, along with a Mitigated Negative Declaration No. MND-25-1, for the Project.
(v) The Planning Commission adopted Resolution No. 6404 recommending that the City Council approve the change of the zoning classification from ML (Light Industrial) to RM- 20 (Medium-Density Multi-Family Residential), including the Mitigated Negative Declaration No.
MND-25-1, for the Project, and concluded said hearing prior to the adoption of this Resolution.
(vi) A public hearing before the City Council of the City of Buena Park on this item was noticed and scheduled for the regular ly scheduled City Council meeting of June 23, 2026.
(vii) On June 23, 2026 the City Council of the City of Buena Park conducted a duly noticed public hearing, as required by law, to consider the proposed Zone Change Z -25-1.
Ordinance No.
Zone Change No. Z-25-1
June 23, 2026