(a) Subject to the exclusions set forth in this Contract, to the extent applicable to the Site, Contractor shall make all necessary efforts to ensure the finished Project complies with all applicable standards imposed by the Americans with Disabilities Act, section 504 of the Rehabilitation Act of 1973, disability access requirements of the State Building Code and any other laws applicable to disability access.
If a court, administrative agency or other trier of fact later determines that Contractor has violate d any of the above -referenced laws, Contractor shall remedy the violation at its own cost. Contractor shall indemnify, defend and hold the City harmless pursuant to this Section of this Contract against claims brought by a party other than the City due to any breach of these provisions to the extent due to Contractor’s negligence, recklessness or willful misconduct. In the event that either Party is or becomes aware of possible non-compliance with the foregoing standards, such Party shall have a dut y to pro mptly notify the other Party in writing of the possible non-compliance.
(b) Contractor represents and warrants that Contractor has the legal right to license any and all copyrights, designs and other intellectual property embodied in plans, Specifications, studies, Drawings, estimates or other documents that Contractor or its Subcontractors or Consultants prepares or causes to be prepared pursuant to this Contract. Contractor shall indemnify, defend and hold the City harmless against third-party claims brought by a party other than the City pursuant to this Section to the extent du e to any breach of this representation due to Contractor’s negligence, recklessness or willful misconduct.
7.6 Claims Generally.
(a) A claim is a demand or assertion by Contractor seeking, as a matter of right, adjustment, or interpretation of contract terms, payment of money, extension of time, or other relief with respect to the terms of th is Contract (a “ Claim”). Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the Contractor. Contractor may only submit a Claim after having complied with the requirements in this Section, as applicable, for the same matters. Claims shall be submitted to City and City’s designated representative. A timely decision by City shall be provided. Claims must be made by written notice prior to the final Progress Payment. Any Claims that are within the scope of a previous Change Order will not be considered . The failure of Contractor to make a Claim within the specified time shall constitute an express waiver of any right to assert such Claim. Despite submission or rejection of a Claim, Contractor shall proceed diligently with performance of this Contract, and City shall continue to make any undisputed payments in accordance with th is Contract. When any excavation or trenching extends greater than four feet below the surface, Public Contract Code section 7104 shall apply.
(b) Contractor shall make a certification at the time of submission of a Claim in the form and contents described in Section 7.7. Contractor understands and agrees that any Claim submitted without this certification does not meet the terms of the Contract Docu ments, that City, or City’s representatives, may reject the Claim on that basis and that unless Contractor properly and timely files the Claim with the certification, Contractor cannot further pursue the Claim in any forum. A condition precedent will not have been satisfied.
(c) Claims for Concealed or Unknown Conditions
(i) Trenches or Excavations Less Than Four Feet Below the Surface. If Contractor encounters conditions at the Site which are subsurface or otherwise concealed physical conditions, which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature, which differ mater ially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by Contractor shall be given to City promptly before conditions are disturbed an d in no event later than ten (10) days after first observance of the conditions. City will promptly investigate such conditions, and if they
differ materially and cause an increase or decrease in Contractor’s cost of, time required for, or performance of any part of the Work, will recommend an equitable adjustment in the Contract Price, Project Schedule, or both. If City determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of this Contract is justified, City shall so notify the Contractor in writing, stating the reasons. In the event a dispute arise s between City and Contractor regarding whether the conditions materially differ, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date provided for by the Contract Documents, but shall proceed with all the work to be performed under the Contract Documents. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
(ii) Trenches or Excavations Greater Than Four Feet Below the Surface . Pursuant to California Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface:
(1) Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:
(A) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
(B) Subsurface or latent physical conditions at the Site differing from those indicated by information about the Site made available to Contractor prior to the Effective Date .
Responsibility for soil conditions and any associated design considerations are responsibility of Contractor.
(C) Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
(2) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the W ork, City shall issue a Change Order under the procedures described in this Contract.
(3) In the event that a dispute arises between City and Contractor related to Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Contract but shall proceed with all Work.
Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7.7 Statutory Claim Procedures. In addition to any other requirements set forth in the Contract, all Claims shall be filed in accordance with the statutory claim resolution procedures set forth in California Public Contract Code sections 9204 and 20104 et seq., the implementation of which is set forth in this Section. The failure to timely submit a notice of delay or notice of change, or to timely request a change in price or time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under this Contract or at law.
(a) Intent. Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less, and Section 9204 of the California Public
Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims regardless of value. The intent of this Section is to implement and shall be construed to be consistent with said both said statutes.
(b) Supporting Documentation. Contractor shall submit all claims in the following format:
(i) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(ii) List of documents relating to claim:
(1) Specifications
(2) Drawings
(3) Clarifications (Requests for Information)
(4) Schedules
(5) Other
(iii) Chronology of events and correspondence
(iv) Analysis of claim merit
(v) Analysis of claim cost
(vi) Time impact analysis in CPM format
(c) City’s Response . Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed port ion of the claim will be processed and made within 60 days after the City issues its written statement.
(i) If City needs approval from its governing body to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to 3 days following the next duly publicly noticed meeting of City’s governing body after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion.
(ii) Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and Contractor. City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $15,000, within 15 days) a fter receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the time prescribed, Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.
(i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged b y its respective mediator in connection with the selection of the neutral mediator.
(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under California Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
(iv) The mediation shall be held no earlier that the date the Contractor completes the Work or the date that Contract last performs which, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(f) Procedures After Mediation If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation or Chapter 1.16 of the Buena Park Municipal Code, as applicable. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference and/or mediation.
(h) Government Code Claims. In addition to any and all Contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. or Chapter 1.16 of the Buena Park Municipal Code, as applicable, prior to filing any lawsuit against the City. Such Government Code or Municipal Code claims and any subsequent lawsuit based upon the Government Code or Municipal Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code or Municipal Code claim is timely submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed.
(i) Non-Waiver. City’s failure to respond to a claim from Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety.
8. Changes and Extra Work
(a) Based upon the services Contractor will have provided in designing the Project, and Contractor’s duties and responsibilities regarding the engineering and design of the Project, Contractor and City intend and expect that Contractor will not submit any Change Order requests during the construction of the Project based upon alleged errors or omissions in the Engineering Documents prepared by Contractor for the Project. Rather, the Parties intend and expect that Change Order requests will only be submitted for City-requested changes in the Work of the Project, or for changes in the work of the Project due to Excusable Events, all in accordance with this Contract and the Contract Documents of the Project. When possible, under the circumstances, Contractor will make reasonable efforts to mitigate any schedule or cost impact arising from an Excusable Event.
(b) Notwithstanding any other provision of this Contract or the Contract Documents, in the event a Change Order is caused by, or necessitated as a result of wrongful acts or omissions on the part of Contractor, or as a result of any errors or omissions in the Engineering Documents for the Project – excluding those prepared and provided by City and/or City’s Consultants, or City otherwise incurs costs or damages as a result of wrongful acts or omissions on the part of Contractor, or as a result of any Contractor errors or omissions in the plans, specifications, Drawings, or designs for the Project, City shall issue a written notice to Contractor identifying the errors, omissions, wrongful act(s) and resulting costs or damages claimed and provide Contractor with ten (10) days to cure and/or respond to the notice. If the Contractor fails to take action to cure the basis for the notice within the ten (10) day period, Contractor shall be responsible for the cost of the following:
(i) The direct costs of all engineering, design, labor, and materials necessary to fully correct the wrongful acts or omissions on the part of Contractor, or the error or omission in the Engineering Documents for the Project;
(ii) Any other direct costs or damages which the City incurs as a result of wrongful acts or omissions on the part of Contractor, or of errors or omissions in the Engineering Documents for the Project; and
(iii) The reasonable costs of any third -party engineer, contractor or consultant that City, in City’s sole reasonable discretion, must retain or consult with to ensure the proper rectification of wrongful acts or omissions on the part of Contractor, or of errors or omissions in the Engineering Documents for the Project.
(iv) City may backcharge, and withhold payment from, Contractor for these costs and damages outlined above, and may seek reimbursement for any amount which exceeds any retention of the Contract Price at the time of collection. When City so backcharges and withholds, upon Contractor’s request, City’s and Contractor’s senior project representatives shall meet and confer in good faith in an effort to reach agreement on (a) whether a wrongful act or omission occurred or whether there was an error or omission in the Engineering Documents for the Project, (b) whether it caused the Change Order expense, (c) what damages have been incurred by City, and (d) what portion of the damages are attributable to Contractor as described above. If Contractor’s and City’s project representatives fail to meet, or if they are unable to resolve the dispute, senior executives for Contractor and for City, neither of whom have had day -to-day management responsibilities for the Project, will meet, within thirty (30) calendar days after noti ce of the dispute, in an attempt to resolve the dispute and any other identified disputes or any unresolved issues. If City and Contractor do not reach agreement when meeting and conferring, then either City or Contractor can initiate a mediation pursuant to Section 7.7(e), above, to resolve the dispute.
(c) City reserves the right to request Contractor make such alterations, deviations, additions to, or deletions from the Engineering Documents, as may be deemed by the City to be necessary or advisable for the proper completion or construction of the Work contemplated. There shall be no change whatsoever in the Engineering Documents, or in the Work without an executed Change Order or Supplemental Instruction by the City for a change in the Work as herein provided. City shall not be liable for the cost of a ny extra work or any substitutions, changes, additions, omissions, or deviations from the Engineering Documents, and Contractor shall not be required to perform such work, unless the same shall have been authorized by and the cost thereof approved in writi ng by Change Order. No extension of time for performance of the Work shall be allowed hereunder unless adjusted in writing in the Change Order.
(d) All Requests for Information should be substantially on the City’s standard form and shall, to the extent reasonably necessary, reference all the applicable Contract Documents including specification section, detail, page numbers, drawing numbers, and sheet numbers, etc. Contractor shall make suggestions and/or interpretations of the issue raised by the RFI. An RFI cannot modify the Contract Price, Project Schedule, or the Contract Documents. Prior to issuing an RFI Contractor, Subcontractor, material suppliers and the like shall thoroughly review the Contract Documents and refer to all reference standards for the information sought. City and Contractor agree that an adequate time period for City to respond to an RFI is generally fourteen (14) days after City’s receipt of a non-priority RFI, or seven (7) days after City’s receipt of a priority RFI, unless City and Contractor agree otherwise in writing. However, in all cases, City shall take such time, whether more or less than fourteen (14) or seven (7) days, as applicable, as is necessary in the professional judgment of City and City’s representatives to permit adequate review and evaluation of the RFI. Contractor shall make efforts to coordinate the work in a timely fashion, so as to alleviate priority RFIs. If the RFI is considered a priority, Contractor shall state the word “Priority” on the document, and Contractor shall provide weekly RFI Priority Schedules.
(e) The “RFI Priority Schedule ” shall be prepared and include a listing of pending requests, including the most current request, and rank the RFIs in order of priority. City shall endeavor to respect Contractor’s requested order of priorities and requested response dates. If the RFI response alters the Contract Price and/or Project Schedule, a Change Order shall be issued for the changed condition(s).
(f) City will have authority to order minor changes in the Work provided that there is: (i) no adjustment in the Contract Price, (ii) no extension of the Project Schedule, or (iii) any other change which is inconsistent with the intent of the Contract Documents. Such changes shall be effected by written Change Order and shall be binding once fully executed by City and Contractor. Contractor shall carry out such written orders promptly. To request a Change Order, City or Contractor shall prepare and submit a draft Change Order in the City’s standard form for review by the other Party.
(g) Each Change Order request, whether proposed by Contractor or City, shall include: (i) a detailed statement of the reason for and a description of the change; (ii) the estimated price of the proposed change, including the proposed change in the Contract Price and any costs or savings for carrying out the change including an itemized cost breakdown of labor and material showing actual quantities, hours, unit prices or wage rates required for the change; (ii) the projected effect of such proposed change on the Project Schedule including the relevant scheduled completion dates and deadlines; (iii) the projected effect of such proposed change on Contractor’s ability to comply with any of its obligations hereunder, including the Warranties, Savings Guarantee; and (iv) shall be accompanied by supporting documentation necessary to evidence the costs or savings and schedule adjustments requested therein.
(h) When Contractor is requesting a Change Order, notice thereof must be provided to City within fourteen (14) days after Contractor’s knowledge of the occurrence of the event giving rise to the claim. This notice shall be given by Contractor before proceeding to execute the Work, except in an emergency endangering life or property. No notice shall be considered u nless made in accordance with this Section;
however, the mere presentation of such claim shall not establish the validity of the cause giving rise to such claim, or of the extension of the Project Schedule, and/or the increase in the Contract Price. Any change in the Contract Price or extension of the Project Schedule resulting from such claim shall be authorized by a Change Order.
(i) Within twenty-one (21) days after receipt of a Change Order request from Contractor or City, the receiving Party shall either (i) accept such Change Order request by execution thereof and deliver an executed copy to the initiating Party or (ii) reject such Change Order request and provide appropriate written explanation of the reasons therefor (which may include a request for additional information, documentation or cost detail).
(j) The amount of the increase or decrease in the Contract Price resulting from a Change Order, if any, shall be determined in one or more of the following ways as applicable to a specific situation: (A) mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; (B) unit prices stated in Contractor’s original bid, the Contract Documents, or subsequently agreed upon between City and Contractor; (C) cost to be determined in a manner agreed upon by the Parties and a mutually acceptable fixed or percentage fee; or (D) by cost of material and labor and percentage of overhead and profit in accordance with the compensation provisions of this Contract. It is expressly understood that the value of such extra work or changes, as determined by any of the aforementioned methods, expressly includes any and all of Contractor's costs and expenses, both direct and indirect, resulting from additional time required on the Project or resulting from delay to the Proj ect. Any costs or expenses not included are deemed waived. For purposes of determining the cost, if any, of any change, addition, or omission to the Project, all trade discounts, rebates, refunds, and all returns from the sale of surplus materials and equi pment shall accrue and be credited to Contractor, and Contractor shall make provisions so that such discounts, rebates, refunds, and returns may be secured, and the amount thereof shall be allowed as a reduction of Contractor's cost in determining the actu al cost of construction for purposes of any change, addition, or omissions in the Project as provided herein.
(k) With respect to portions of the Work performed by Changer Orders on a time - and-materials, unit-cost, or similar basis, Contractor shall keep and maintain cost -accounting records satisfactory to the City, which shall be available to City on the same terms as any other books and records Contractor is required to maintain under the Contract Documents.
9. INSURANCE.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Contract including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors (commensurate to their work) to obtain and maintain, insurance policies issued by an insurance company currently authorized by the I nsurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City. The insurance policies shall include the types, coverages and limits set forth below:
(i) Commercial General Liability Insurance.
a. Contractor. Contractor agrees to obtain and maintain commercial general liability: CGL Insurance Services Office (ISO) Form CG 00 01 (or its equivalent) covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. Either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04 or their equivalent) or the general aggregate limit shall be twice the required occurrence limit. Contractor may use umbrella or excess insurance with limits excess of the CGL policy to satisfy this requirement.
b. Subcontractors. Subcontractors in areas of higher risk, such as electric, roofing, or plumbing work, shall have commercial general liability limits of $2,000,000. Such insurance shall protect the Contractor and City against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Contract, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other City facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Contract. This insurance shall be subject to the approval of City, and City’s approval shall not be unreasonably withheld.
The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by City identified in this Contract will be excess only and will not contribute with this insurance;
(ii) Automobile Liability . Contractor agrees to obtain and maintain automobile liability insurance: Insurance Services Office (ISO) Form CA 0001 (or its equivalent) covering Code 1 (any auto), with limits of at least $1,000,000 per accident for bodily injury and property damage. Contractor may use umbrella or excess insurance with limits excess of the automobile liability policy to satisfy this requirement.
(iii) Worker’s Compensation Insurance. All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the City for all persons whom they may employ in carrying out the work contemplated under this Contract in accordance with the Workers’ Compensation Laws of the State of California. If Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the City immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self - Insurance satisfactory to the City.
(iv) Employer’s Liability Insurance. All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance. with an insurance carrier reasonably satisfactory to the City. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the City. If the Contractor is self - insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self-Insurance reasonably satisfactory to the City.
(v) Professional Liability Insurance. Contractor agrees to obtain and maintain professional liability insurance on a claims made basis with limits of Two Million Dollars ($2,000,000) per claim and in aggregate with a deductible in an amount not to exceed the sum of One Million Dollars ($1,000,000), and Contractor will maintain such coverage for a period of five (5) years three (3) years following the Final Completion Date.
(vi) Builder’s All Risk.. Contractor agrees to obtain and maintain Bilder’s Risk / Installation Floater insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of City, and City’s approval shall not be
unreasonably withheld. This insurance shall insure against all risks, including but not limited to the following perils: vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the City’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include City, City’s designated representative, and any other person or entity with an insurable interest in the Work as Loss Payees.
(vii) Contractor’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions. Contractor shall require subcontractors performing the applicable work to obtain and maintain contractor’s pollution legal liability and/or asbestos legal liability and/or errors and omissions with limits of $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(ix) Other Insurance. Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of City, and City’s approval shall not be unreasonably withheld.
(b) Consultants. If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them.
(c) Reserved.
(d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation . Contractor shall name City and as additional insured on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or equivalents). The additional insured endorsement(s) included on such insurance policy shall state that coverage is afforded the additional insured w ith respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability policy shall apply on a primary and non-contributory basis. Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of City. Any excess/umbrella policies provided by Contractor shall provide limits that are in excess of any policies set forth herein, which Contractor intends the excess/umbrella policy to supplement.
(e) Proof of Carriage of Insurance . Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Contract until all required proof of insurance including certificates of insurance, applicable endorsements, and all required amendatory endorsements (or copies of applicable policy language effecting coverage required by this clause) have been obtained for the period covered by this Contract and delivered to the City for approval, and such approval shall not be unreasonably withheld.
(f) Notice of Cancellation or Non-Renewal. Contractor shall provide for thirty (30) days written notice to City of cancellation or shall obligate its insurance carriers or brokers/representatives to issue endorsements to the required insurance policies that provide for thirty (30) days written notice to the City of cancellation.
(g) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City.
City may require the Contractor to purchase coverage with a lower self-insured retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the
self-insured retention. The policy language shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or City. If there is a self-insured retention, City will need to know what the triggering events are for coverage.
(h) Compliance. If Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) days of receiving written notice of the defect(s), the City may, but shall not be required to, take out such insurance to cover any damages accrued for which City might be held liable on account of Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due Contractor under this Contract.
(i) Subcontractors and Consultant Obligations . Each of Contractor’s Consultants and Subcontractors shall comply with all applicable (commensurate with their respective scope of work) insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.
10. PAYMENT AND PERFORMANCE BONDS. Contractor shall apply for and furnish City a Payment Bond and Performance Bond on the forms included in Attachment 6, which shall cover one hundred percent (100%) faithful performance of completing construction of the Project and guaranteeing the payment in full of all costs for labor performed and materials supplied in constructing the Project. Only bonds executed by admitted Surety insurers as defined in California Code of Civil Procedure section 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by City in writing, at the time of issuance of the bonds, have a rating not lower than “A” as rated by A.M. Best Company, Inc. or the equivalent if rated by other independent rating companies. Notwithstanding anything to the contrary in the Contract Documents, the liability of th e surety on the performance bond will cease one (1) year after the Final Completion Date. Any warranty or guarantee required of Contractor by the Contract Documents shall be the sole obligation of Contractor after termination of the surety's performance bond liability. The liability of the surety on the payment bond shall continue only so long as required by law.
11. INDEMNITY.
(a) Contractor and City agree that City, its employees, agents and officials ( cumulatively the “City Indemnitees”) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to performance of this Contract or any Work hereunder.
The indemnity provisions of this Section are intended by the Parties to be interpret ed and construed to provide the fullest protection possible under the law to City Indemnitees. Contractor acknowledges that City would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City and City Indemnitees, as set forth in this Contract.
(b) Consistent with California Civil Code Section 2782.8, to the extent the Work includes design professional services to be performed by a design professional, as that term is defined under said Section 2782.8, Contractor shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the City Indemnitees harmless for all claims, demands, costs, or liability that arise out of, pertain, or relate to the negligence, recklessness, or willful misconduct of Contractor, its officers, employees, or agents in said performance of the Work, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of City.
(c) Other than in the performance of design professional services by a design professional, as covered by subsection (b) above, to the fullest extent permitted by law Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City Indemnitees from and against any and all damages, costs, taxes, fees, expenses, liabilities, claims, demands, causes of action, proceedings, judgments,
penalties, liens and/or losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims” for purposes of this subdivis ion alone), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of Contractor, or its officers, agents, servants, employees, subcontractors, materialmen, suppli ers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including Contractor active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of City, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the City Indemnitees in any action or actions filed in connection with any Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all reasonable legal expenses and costs incurred by City Indemnitees in connection therewith.
(e) PERS Eligibility Indemnification. In the event Contractor or any employee, agent, or subcontractor of Contractor claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontracts, as well as for the payment of any penalties and interest on such contributions, which would otherwise by the responsibility of City . Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing Work under this Contract shall not qualify for or become entitled to, and herby agree to waive any claims to, any compensation, benefit, or any incident or employment by City , including but not li mited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
(f) Obligations Not Limited by Insurance. The obligations of Contractor under this or any other provision of this Contract shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Contract.
12. MISCELLANEOUS
(a) Representatives. City shall provide administration of the Contract as described in the Contract Documents and may designate one or several agents, representatives, or Consultants to provide administration upon written notice of such to Contractor. When such written notice is provided, except as otherwise provided in the C ontract Documents or when direct communications are warranted by special circumstances, City and Contractor shall communicate through the City’s selected representative.
(b) Independent Contractor. Contractor is retained by City only to the extent set forth in this Contract, and Contractor 's relationship to City is that of an independent contractor. Contractor shall be free to dispose of all portions of Contractor 's time and activities that Contractor is not obligated to devote to City in such a manner, and to such persons, firms or corporations, as Contractor sees fit except as expressly provided in this Contract. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor 's employees, except as set forth in this Contract. Contractor shall have no power to incur any debt, obligation or liability on behalf of City or otherwise act on behalf of City as an agent. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract and indemnify and hold City harmless from any and all taxes, assessments,
penalties and interest asserted against City by reason of the independent contractor relationship created by this Contract. Contractor shall fully comply with applicable workers’ compensation laws regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any compensation due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this section.
(c) Necessary Licenses. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers and agents serving as independent contractors in the role of officials, harmless from any loss, claim or liability in any way related to a claim that any of the Work is violating federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work under this Contract.
In the event any the Work hereunder is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure the right to continue using the Work and other deliverables by suspension of any injunction, or by procuring a license or licenses; or (b) modify the Work and other deliverables so that they become non -infringing while r emaining in compliance with the requirements of this Contract. Contractor’s covenants under this Section shall survive the expiration or termination of this Contract.
(d) Records. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information relating to the Work, as required by City. Contractor shall maintain adequate records on services provided in sufficient detail to permit an evaluation of the Work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide access to such books and records to City, and shall give City the right to examine and audit such books and records, and shall allow inspection of all work, data, documents, proceedings and activities related to this Contract upon reasonable written notice. (e) Conflicts of Interest. Contractor shall comply with all applicable federal, state and local conflict of Interest laws, including the Political Reform Act (Cal ifornia Gov. Code, § 81000 et seq.) and California Government Code Section 1090, in connection with entering into and performing the Work contemplated by this Contract. Contractor shall not be financially interested in any contract or subcontract entered into by Contractor with any third-party in connection with completing any portion of the Work or performing this Contract. During the term of this Contract, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subconsultants shall not, without the City Manager’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor, or one of its officers, employees, associates or subconsultants, to abstain from a decision under this Contract pursuant to a conflict of interest statute. In compliance with the Levine Act ( California Government Code section 84308), Contractor represents and warrants that: (a) neither Contractor nor any agent on behalf of Contractor has made any campaign contributions of more than $250 to any member of the City Council in the one year preceding the Effective Date of this Contract; and (b) neither Contractor nor any agent on behalf of Contractor will make any campaign contribution of more than $250 to any member of the City Council within twelve (12) months after the date this Contract is approved by the City Council. (f) Non-Discrimination. In performing this Contract, Contractor shall not engage in, nor shall it permit its agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the California Government Code. (g) Occupational Safety and Health. The parties hereto agree to notify each other immediately upon becoming aware of any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
(h) Ownership and Use of Drawings, Data, Reports and Other Documents
(i) Except as expressly provided in this Contract, City will not acquire, by virtue of this Contract, any rights or interest in any formulas, patterns, devices, software, inventions or processes, copyrights, patents, trade secrets, other intellectual property rights, or similar items of property which are or may be used in connection with the Work. Contractor will own all inventions, improvements, technical data, models, processes, methods, and information and all other work products developed or used in connection with the Work, including all intellectual property rights therein.
(ii) Solely in connection with the Project, Contractor grants to City a limited, perpetual, royalty-free, non-transferrable license for any Contractor intellectual property rights necessary for City to operate, maintain, and repair any modifications or additions to Project, or equipment delivered, as a part of the Work.
(iii) All data, reports, proposals, plans, specifications, flow sheets, drawings, and other products of the Work (the “ Instruments of Service ”) furnished directly or indirectly, in writing or otherwise, to City by Contractor under this Contract will remain Contractor’s property and may be used by City only for the Work. Contractor will be deemed the author and City of such Instruments of Service and will retain all common law, statutory and other reserved rights, including copyrights. The Instruments of Service may not be used by City or any City Person for future additions or alterations to the Project or for other projects, without the prior written agreement of Contractor. Any unauthorized use of the Instruments of Service will be at City’s sole risk and without liability to Contractor . If City uses the Instruments of Service for implementation purposes, including additions to or completion of the Project, without the written permission of Contractor, City agrees to waive and release, defend, and indemnify and hold harmless, Contractor, its subcontractors, and their directors, employees, subcontractors, and agents from any and all claims or losses associated with or resulting from such use.
(iv) If any materials or information provided by Contractor to City under this Contract are designated by Contractor as a “trade secret” or otherwise exempt from disclosure under the California Public Records Act (the “Act”) and if a third party makes a request for disclosure of the materials under the Act, as soon as practical (but not later than ten (10) calendar days) after receipt of such request, City will notify Contractor of such request and advise Contractor whether City believes that there is a reasonable possibility that the materials may not be exempt from disclosure. Contractor may seek to enjoin City from disclosing the information requested through a court of competent of jurisdiction.
(i) Royalties and Patents. The Contractor shall pay all royalties and license fees incurred by Contractor in performing the Work of this Contract. Contractor shall defend suits or claims of infringement of patent rights brought by a party other than City and shall hold the City harmless and indemnify them from loss on account thereof.
(j) Assignment of Antitrust Claims. Pursuant to California Government Code section 4552, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act, (15 U.S.C.
§ 15) or under the Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Bus. & Prof. Code), arising from the purchase of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the Parties.
(k) Audit. Contractor’s agreements, contracts, subcontracts, books, records, and files associated with the Project shall be subject to audit and examination under California Government Code section 8546.7 and any amendments thereto for a period of four (4) years following Final Completion and will exclude information that is proprietary and confidential unless required to be disclosed as a condition of funding, by law or by court order.
(l) Waiver. No delay or omission to exercise any right, power or remedy accruing to City or Contractor under this Contract shall impair any right, power or remedy, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver by City or Contractor of any breach, any failure of a condition, or any right or remedy under this Contract shall be: (1) effective unless it is in writing and signed by the Party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failu re of a condition, or right or remedy; or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
(m) Accomplishment of Work . Contractor shall commence, carry on and complete its assignments with all practicable dispatch, in a sound, economical, and efficient manner in accordance with all applicable laws and generally accepted industry and applicable professional standards. (n) Compliance With Laws . Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances that are applicable to Contractor, this Contract, or the Work.
(o) Third Party Beneficiaries. The Parties hereto do not intend to create any rights for, or grant any remedies to, any third-party beneficiary of this Contract.
(p) Governing Law. The terms and conditions of this Contract shall be governed by the laws of the State of California without regard to conflicts of law principles.
(q) Cost of Litigation. If any legal action is necessary to interpret or enforce any provision of this Contract or for damages by reason of an alleged breach or failure to perform any provisions of this Contract, each Party shall pay for and bear the cost of its own attorneys’ fees, costs, and expenses. .
(r) Severability. If a court of competent jurisdiction shall hold any provision of the Contract Documents invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof.
(s) Notices and Filings. Any notices or filings required to be given or made under this Contract shall be served, given, or made in writing upon the City or Contractor, as the case may be, by personal delivery or commercial overnight courier (with a copy sent via email) to the respective addresses given below, or at such address as such Party may provide in writing from time to time.
City:
with a copy to:
Contractor:
with a copy to:
(t) Binding Effect. Contractor, by execution of this Contract, acknowledges that Contractor has read this Contract and the other Contract Documents, understands them, and agrees to be bound by their terms and conditions. The Contract Documents shall inure to the benefit of and shall be binding upon the Contractor and the City and their respective successors and assign.
(u) Amendments. The terms of the Contract Documents shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by the parties and approved or ratified by the City’s governing body.
(v) Headings. The captions or headings in this Contract are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Contract
(w) Execution in Counterparts. This Contract may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Contract.
(x) Attachments Incorporated All Recitals , Contract Documents, and Attachments to this Contract are hereby incorporated into the Contract by this reference as if set forth in full. The Attachments to this Contract are as follows:
Attachment 1 – Site Map
Attachment 2 – Scope of Work
Attachment 3 - Schedule of Values
Attachment 4 – Subcontractor Listing
Attachment 5 – Project Schedule
Attachment 6 - Form of Payment Bond and Performance Bond Attachment 7 - Contractor Lien Release Forms
Attachment 8 - Community Workforce Agreement
(y) Entire Agreement . This Contract, and all incorporated Attachments, recitals and documents, including, but not limited to the Contract Documents, constitute the entire agreement between the Parties, and supersedes any prior or contemporaneous agreement between the Parties, oral or writte n, including the City’s award of the Project to Contractor, unless such agreement is expressly incorporated herein. The City makes no representations or warranties, express or implied, not specified in the Contract Documents. The Contract Documents are intended as the complete and exclusive statement of the parties’ agreement pursuant to California Code of Civil Procedure section 1856.
(z) Execution, Correlation, and Intent. The Contract Documents are complementary and are intended to include all items required for the proper execution and completion of the Work. Any item of Work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided by Contractor as if shown or mentioned in both.
(aa) Conflict in Terms. The several instruments forming part of this Contract are to be taken as mutually explanatory of one another. Each and every provision of law required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party the Contract shall be amended in writing to make such insertion or correction.
(bb) Successors And Assigns. The City and the Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other Party hereto and to partners, successors, assigns, and legal representatives of such other Party in respect to covenants, agreemen ts, and obligations contained in the Contract Documents. Consistent with subsection (dd) below, neither Party to the Contract shall assign the Contract as a whole or in part without written consent of the other. If either Party attempts to make such an assignment without such consent, that Party shall nevertheless remain legally responsible for all obligations under th is Contract . Notwithstanding the foregoing, Contractor may, without City’s consent, but with written notice to City, assign this Contract to any Affiliate of Contractor.
(cc) Rights and Remedies. Except as otherwise provided for in this Contract, Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.
(dd) Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Contract.
Except with consent as provided for in subsection (bb) above, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City, which may be approved or denied in the sole and independent judgment of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
(ee) Execution of Other Documents. The parties to this Contract shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of the Contract Documents.
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Contract effective as of the date first above written.
[signatures on following page]
PLACEHOLDER FOR SIGNATURE PAGE
Attachment 1 –
Site Map
PEAK PARK ASPHALT PUMP TRACK
DRAWN BY:DATE:
E:\Projects\Parks\Active\Peak Park Pump Track\Exhibit\CAD\ModelFiles\Exhibit.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.N
ALOCATION MAPAH08/19/2025
KNOTT AVE
EL VIENTO WAY
EL REY DR
EL DORADO DR
EL COCO WAYEL TORO WAYEL PROVO CIR
PROJECT VICINITYAPPROXIMATELY 36,000 SF
LEGEND:PROJECT LOCATION
EL MONTE DR
Attachment 2
Scope of Work
PROJECT DESCRIPTION: The Project is an asphalt pump track to be located within an undeveloped space at William Peak Park (7225 El Dorado Dr, Buena Park, CA 90620). The footprint of the project is approximately 36,000- SF and depicted in Attachment 1, and the Project involves various improvements, including, but not limited to, design and construction of a complete and fully functional asphalt pump track, surface re-grading, landscaping, relocation of irrigation lines; and other incidentals as necessary to complete the Project in its entirety. The Contractor will provide design and provide options of alternative amenities and cost estim ates for each alternative that may be included with the Project design, with the maximum budget and compensation to be paid hereunder being $800,000 in consideration for delivery of the turnkey Project, including all design, construction, construction engineering, and contingencies.
TASK 1.0 – DESIGN DEVELOPMENT PHASE
1.1 Kickoff Meeting. Meet with project team to review design objectives, budget, schedule, site confirmation, and additional details as needed. Kickoff meeting to include City project team, contractor, and relevant subcontractor(s) with topics including but not limited to:
1.1.1 Project team roles and resources to leverage
1.1.2 Current project goals and strategic outcomes
1.1.3 Design and permitting requirements
1.1.4 Site constraints and opportunities
1.1.5 Project stakeholders and community engagement strategies
1.1.6 Branding and theming
1.1.7 Project roadmap and commitments to next actions
1.2 Project Coordination . Contractor shall coordinate major design requests and changes with the City, impacted governmental agencies or utilities, and constituents that may provide design input, suggestions or restrictions for the project. Design may be altered through coordination efforts.
1.3 Site Evaluation
1.3.1 Review proposed site for opportunities, constraints, access locations, spectator viewing, drainage considerations, and supporting amenities as needed. Contractor to perform formal site evaluation and collect site information from the project team and engineering partners.
1.3.2 Site evaluation will focus on optimizing the design to the site requirements to identify cost savings, minimize future revisions to project plans , and ensur ing all opportunities and constraints into consideration.
1.3.3 Physically walking the site, taking photos, and gathering notes, and perform a photogrammetry drone survey. Drone scan to incorporate a ground control unit to geospatially locate design to ensure AutoCAD design is accurate to the site.
1.3.4 Design to i ncorporating Trimble technology: a technology firm that creates software and on -site tools to help design and construction firms improve productivity, quality, safety, and sustainability.
To serve as a checkpoint throughout design and construction process.
1.3.5 Weather conditions and weather patterns experienced by the site will be analyzed and incorporated into design. S ite evaluation to include analysis of weather trends and wind and sun directions for optimal riding orientation.
1.3.6 Perform due diligence research to support project completion, including existing drainage conditions, grading, traffic issues, coordination and necessary engineering site visits Identify existing utilities on contract drawings and perform potholing for exi sting utilities potentially affected by proposed improvements.
1.3.7 Prepare a Stormwater Pollution Prevention Plan (SWPPP) and/or Water Quality Management Plan (WQMP), if applicable, and incorporate all necessary temporary and permanent storm water quality control measures.
1.4 Preliminary Concept
1.4.1 Utilize images captured from our drone scans of site ensure project is positioned properly within the site.
1.4.2 Develop and outline approach for any landscaping, shade, site furnishings, lighting, and other supporting features or amenities to ensure components (as needed) are accounted for within the site plan and project concepts.
1.4.3 Work collaboratively with City to develop project footprint and ensure amenities are complementary.
1.4.4 Develop preliminary concept and cost options.
1.4.5 Provide preliminary concept and cost options to project team for review and comment.
1.4.6 Receive comments from project team for integration into refined concept.
1.4.7 Design of pump track to be in compliance with regulations and standards with the Union Cycliste Internationale (UCI), as City intends to have the ability to host sanctioned races with the pump track.
1.4.8 Project to include features such as site amenities, grading, landscaping, irrigation, and any other elements directed by City. Options and cost for different site amenities shall be developed for selection by City.
1.4.9 30% conceptual site drawings to include three (3) options of pump track design.
1.5 Refined Concept
1.5.1 Refine preliminary concept and cost options.
1.5.2 Design samples to begin with bubble diagrams and progress to detailed top view concepts.
1.5.3 After completing top view concepts, progress to detailed 2D design and 3D renderings. L everage Trimble Site Vision technology to provide an augmented reality of the bike park allowing visualization of all zones and features in the field.
1.5.4 Use programs like Sketchup, Trimble Stratus Propeller, and Site Vision, together with drone scans, to transition concepts to the site and utilize the grade changes and positioning of the various site constraints to accurately place each project element.
1.5.5 Provide refined concept and cost options to project team for review and comment.
1.5.6 Plans must include, without limitation, site amenities, grading, landscaping, irrigation, and any other elements needed to complete the 100% bid-ready PS&E package. Options and cost for different site amenities shall be developed for selection by City.
1.5.7 Receive comments from project team for integration into final concept.
1.6 Final Concept
1.6.1 Present final concept and cost estimate to project team for review and approval.
1.6.2 Provide final design project deliverables upon Approval
1.7 Task 1.0 Deliverables
1.7.1 Site Evaluation Report.
1.7.2 List of standard and non-standard design features
1.7.3 Final Concept.
1.7.4 Cost Estimate.
TASK 2.0 - CONSTRUCTION DRAWINGS
2.1 Existing Conditions/Demo Plan
2.1.1 Show relevant existing site amenities and identify items to be marked for removal or salvage
2.1.2 Identify items/materials/vegetation to be removed or salvaged by keynote referenced on legend.
2.2 Site Plan/Layout Plan : Provide location of park perimeter and pump track elements using horizontal coordinate curve data and/or horizontal dimensioning.
2.3 Grading & Drainage/Utility Plan
2.3.1 Show vertical spot elevations of park surfaces and adjacent park elements.
2.3.2 Location and sizing of necessary drainage structures, sizing and location of pipe daylight, invert and finish grades of drains.
2.4 Sections/ Elevation Plan
2.4.1 Show vertical relations of park perimeter to adjacent grades, berms, buffers & landscaping areas
2.4.2 Provide keynote legend depicting section cuts in plan view
2.5 Construction Details
2.5.1 Provide sufficient construction detailing for the construction of the park
2.5.2 Provide all proposed manufactures details / specifications
2.6 Specifications
2.6.1 Provide CSI (Construction Specification Institute) format specifications for all park items
2.7 Review Period
2.7.1 Submit construction drawings & specifications at 30%, 60%, 90%, and 100% design -intervals.
2.7.2 Address & correct any redline drawings and specification comments from Client review
2.8 Task 2.0 Deliverables:
2.8.1 One (1) set of Final reproducible drawings sent electronically to Owner
2.8.2 One (1) set of construction specifications in the CSI format as amended by Owner sent electronically to Owner
2.8.3 Final GMAX Price and Schedule of Values for Construction Work
TASK 3.0 – ASPHALT PUMP TRACK CONSTRUCTION PHASE
3.1. Construction Kickoff Meeting . Contractor will host a construction kickoff meeting with the relevant city project team members to review and confirm , among other things : key team members, mobilization plan, scheduling & sequencing plan, construction staging areas, etc.
3.2. Regular Progress Meetings . As the project progresses through construction, Contractor will meet with the project team regularly to ensure project is on schedule and budget.
3.3. City Responsibilities. City shall provide Contractor with the following to during the construction phase:
3.3.1. Sufficient water and electrical power within 100 feet of work areas.
3.3.2. Unobstructed, safe, and continuous access to work area with heavy equipment and all- weather roads for heavy equipment.
3.4. Turkey Construction Services . Contractor to provide any and all materials, supplies, labor, and materials necessary to construction and deliver a turnkey completed project that is consistent with the final construction drawings, plans and specifications. Contractor’s work includes but is not limited to the following:
3.4.1. All labor, construction project management, supplies, tools, materials, and equipment required to build the project per final design documents.
3.4.2. Progressive Bike Ramp (PBR) Sustainable Bike Features: project to incorporate prefabricated purpose-built features specifically for bikes to minimize maintenance provide a progressive riding experience.
3.4.2.1. PBR products to be engineered and fabricated at Consultant headquarters and include galvanized steel framework with a cedar plank riding surface.
3.4.2.2. Planks to be bolted to the framework from the back, providing faster and free riding surface.
3.4.3. Earthmoving techniques
3.4.4. Pour and finish asphalt.
3.4.5. Landscaping and amenities within project site as specified in final design.
3.4.6. Site staking and layout.
3.4.7. Cutting and shaping grades within pump track footprint.
3.4.8. Fine grading.
3.4.9. Payment and performance bonds.
3.4.10. Sales taxes.
3.4.11. Construction documents and/or as-builts.
3.5. Exclusions from Work : Contractor’s scope of work shall not include, and expressly excludes, all of the following, each of which may be added Change Order:
3.5.1. Toxic or hazardous material handling or removal.
Task 3.0 Deliverables: Fully constructed turnkey asphalt pump track and associated on-site improvements and amenities that is consistent with the Project depicted in the final drawings, plans and specifications.
Attachment 3 –
Schedule of Values (Design)*
* Schedule of Values for Construction to be Finalized Before Commencement of Work
Attachment 4 –
Subcontractor Listing and Registration
As of March 1, 2015 Contractors (and sub-contractors) wishing to perform work on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total GMAX or $10,000 (whichever is greater). Photocopy this form for additional firms.
Subcontractor
Name and
Location
Description of Work Subcontract
Amount
% of Total
Contract
Price
Contractor License
Number & DIR Reg
Number
License No.
DIR No.
Attachment 5 –
Project Schedule
The project schedule is based on date of issuance of the Notice to Proceed. Any delay in issuance of the Notice to Proceed shall move the start of construction date back by the number of days equal to the delay with all other deadlines remain unchanged but recalculated from the actual Notice to Proceed date.
Task Deadline Phase
Notice to Proceed (“NP”) TBD 85 total design days
Project Kickoff Meeting NP + 7 calendar days
Site Visit & Drone Survey NP + 14 calendar days
30% Conceptual Design Plan NP + 40 calendar days
60% PS&E Submittal NP + 70 calendar days
100% (Final) Contract PS&E (Bid
Set)
NP + 85 calendar days
Construction Mobilization NP + 100 calendar days 50 total construction days Substantial Completion NP + 130 calendar days
Walk Through & Punch List NP + 140 calendar days
Project Completion NP + 150 calendar days
Attachment 6 –
Form of Payment Bond and Performance Bond
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 ASPHALT PUMP TRACK
(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 w ith 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 performanc e of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), and not less than 100% of total contract amount. Lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and 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 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 h ereto 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.
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 ASPHALT PUMP TRACK
(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 shall 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 any wise affect its obligations under 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 Califor nia Civil Code
Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being h ereto 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.
Attachment 7 –
Contractor Lien Release Forms
A. Conditional Waiver and Release upon Progress Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant has not yet been paid. This form is useful when the claimant is not yet paid, but will be paid out of a pr ogress payment that is not the final payment. This conditional waiver and release is only effective if the claimant is actually paid. This release does not cover all items.
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT
RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant: _________________________________________________________________ Name of Customer: ________________________________________________________________ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Through Date: ____________________________________________________________________
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:
Maker of Check: ___________________________________________________________________ Amount of Check: $ ________________________________________________________________ Check Payable to: _________________________________________________________________
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
Date(s) of waiver and release: ________________________________________________________ Amount(s) of unpaid progress payment(s): $_____________________________________________
Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________
B. Unconditional Waiver and Release upon Progress Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant asserts in the waiver that he or she has received the progress payment. This release does not cover all it ems.
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant: _________________________________________________________________ Name of Customer: ________________________________________________________________ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Through Date: ____________________________________________________________________ Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below.
The claimant has received the following progress payment: $ __________ Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________
C. Conditional Waiver and Release upon Final Payment. Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant. Evidence of payment may be demonstrated by: (a) The claimant's endorsemen t on a single check or a joint check that has been paid by the bank upon which it was drawn; or (b) Written acknowledgment of payment given by the claimant .
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT
RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant: _________________________________________________________________ Name of Customer: ________________________________________________________________ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:
Maker of Check: ___________________________________________________________________ Amount of Check: $ ________________________________________________________________ Check Payable to: _________________________________________________________________ Exceptions
This document does not affect any of the following:
Disputed claims for extras in the amount of: $_________________________________ Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________
D. Unconditional Waiver and Release upon Final Payment . Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment and the claimant asserts in the waiver that he or she has received the final payment.
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant: _________________________________________________________________ Name of Customer: ________________________________________________________________ Job Location: _____________________________________________________________________ City: ____________________________________________________________________________ Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.
Exceptions
This document does not affect the following:
Disputed claims for extras in the amount of: $ __________________________________ Signatures
Claimant's Signature: _______________________________________________________________ Claimant's Title: ___________________________________________________________________ Date of Signature: _________________________________________________________________
Attachment 8
Community Workforce Agreement
[attached behind this page]
REQUEST FOR PROPOSAL
PEAK PARK ASPHALT PUMP TRACK | DESIGN-BUILD
CITY OF BUENA PARK, CA
Cover Letter 3
Scope of Work 4
Warranty 8
Organization Chart 9
Project Team 10
References 14
Velosolutions/UCI Information 20
Schedule 22
Contents
American Ramp Company (ARC) has reviewed the original RFP documents and looks forward to performing the design, engineering and construction services required for your UCI eligible asphalt pump track.
I had the privilege of touring the site with city staff a few years ago when the pump track was just an idea and not yet a reality. With the existing amenities located in Peak Park, and the proximity to the Boys and Girls Club, I am confident this pump track will be a huge success for the city and the community.
With more than 25 years of experience in the action sports industry, ARC understands the importance of designing pump tracks that foster a safe environment, are engineered to stand the test of time, and include features that all users and all skill levels can enjoy. Our goal is to give your users a space to progress in their skill and connect with their fellow riders.
As outlined below, you can be confident that ARC is the best fit for this project.
Bike Park Leaders - Since 1998, ARC has been the industry trendsetter, constantly looking for ways to improve and innovate action sports parks. Our Velosolutions team invented the hard surface pump track and has built more than 100 tracks in the United States. Furthermore, our team has designed and built every pump track used in past and current UCI sanctioned pump track world championship races.
Construction Driven Approach - As a full-service design and build company, ARC designs pump tracks with construction in mind. With this firsthand construction knowledge, we have a unique understanding of how the park should be developed. This, coupled with our Trimble drone technology used during the design phase, ensures our team is considering all the variables that could lead to project delays during construction. Furthermore, this knowledge gives us a true understanding of project costs, resulting in an accurate estimate.
In this proposal, you will find a description of our firm’ s qualifications and references showcasing our ability to design a custom park which reflects your priorities. Thank you for considering our team as the designer and builder of this facility. We hope to partner with you to provide an iconic pump track in Buena Park.
Regards,
Maddie Ferson
Action Sports Development Specialist
[email protected]
417-206-6816
americanrampcompany.com
Cover Letter
Proud Member:
John Hunter
CEO/President
[email protected]
417-206-6816
americanrampcompany.com
2 3
Scope of Work
PROJECT APPROACH
In the following pages, we will outline our approach
to developing this facility based on best practices
and lessons learned from previous projects. The
intent of this section is to serve as a road map
for how the Peak Park pump track will go from a
concept to reality; however, we understand that
this will be a collaborative approach with the city’ s
project team; therefore the approach will be dialed
in during our kickoff and strategy sessions.
PROJECT TEAM KICKOFF
Upon project award, ARC will schedule a formal
kickoff meeting with the city’ s project team and
additional relevant project partners; this meeting
will typically take place virtually to keep schedules
moving. Based on our experience, this is the most
important meeting for the project as it will give our
teams the space to capture and align on:
• Project team roles and resources to leverage
• Current project goals and strategic outcomes
• Design and permitting requirements
• Site constraints and opportunities
• Project stakeholders and community
engagement strategies
• Branding and theming
• Project roadmap and commitments to next
actions
Facilitated well, this meeting will ultimately ensure
we are a cohesive team committed to developing
this world class facility.
SITE REVIEW AND EVALUATION
After kicking off the project, our team will begin
performing a formal site evaluation and collecting
site information from the project team and
engineering partners. This site evaluation will focus
on optimizing the design to the site requirements.
By performing an extensive site evaluation early
on we will save money, minimize future revisions,
and ensure we are taking all opportunities and
constraints into consideration.
In addition to physically walking the site, taking
photos, and gathering notes, we will also perform a
photogrammetry drone survey. Unlike a basic drone
scan, we have gone a step further and incorporate
a ground control unit into our scan. By using a
ground control unit, we are able to geospatially
locate our design ensuring what we are designing
in AutoCAD is accurate to the site. It is critical
we are able to get the most accurate information
during the evaluation phase and ensure that our
design will fit as intended on the site. ARC is the
only action sports company incorporating Trimble
technology into our designs, and we even have a
Trimble expert on our team ensuring our scans are
accurate before we begin designing. Trimble is a
technology firm that creates software and on-site
tools to help design and construction firms improve
productivity, quality, safety, and sustainability.
Not only does this technology set us up for
success from the beginning, but it also serves as a
checkpoint throughout the whole design process
and even during construction.
We understand that weather conditions are an
important factor to consider while developing this
park. We want to work with your weather patterns,
not against them. During the site evaluation phase,
our team will analyze weather trends and wind and
sun directions for optimal riding orientation. We
believe when projects are planned well, they are
executed well. While we cannot eliminate every
variable that will come up on a project like this,
our extensive analysis phase allows us to account
for potential issues and eliminate them before they
occur.
CONCEPTUAL DESIGN
Once our team has completed the site evaluation,
we have the necessary parameters to produce your
bike park concepts. We utilize the images captured
from our drone scans of the space to make sure the
pump track is positioned properly within the site.
We will work closely with the city’ s project team as
we begin to outline the pump track and ensure that
all amenities complement one another. We will also
develop and outline an approach with the team for
any landscaping, shade, site furnishings, lighting,
and other supporting features to make sure these
components (as needed) are accounted for within
the site plan and concepts.
As the conceptual design phase progresses, the
design samples will begin with bubble diagrams then
move to more detailed top view concepts. Once the
project team is satisfied with the top view concepts,
our team will begin working on more detailed 2D
designs as well as 3D renderings. In addition to
the renderings, we can leverage our Trimble Site
Vision technology to provide an augmented reality
of the bike park allowing you to visualize all the
zones and features in the field. With this state-
of-the-art technology, we can view the design of
the pump track and surrounding site with high
accuracy. Using programs like Sketchup, Trimble
Stratus Propeller, and Site Vision, coupled with the
drones scans we took during the site review, we are
able to seamlessly transition our concepts to your
site and utilize the grade changes and positioning
of the various constraints to accurately place each
element.
CONSTRUCTION/ENGINEERED PLANS
As outlined in the RFP , our team will prepare 30%,
60%, 90%, and 100% design drawings. With
Professional Landscape Architects and Professional
Engineers on our design team, we can comply with
all city and state requirements. Should stamping
need to be provided, we have the capability to
provide those services as well.
TURNKEY CONSTRUCTION SERVICES
Once we move into the construction phase of the
project, ARC will host an additional kickoff meeting
with the relevant city project team members. The
format is similar to the initial kickoff, but we will
use this meeting to review and confirm items like:
key team members, mobilization plan, scheduling
& sequencing plan, construction staging areas, etc.
As the project progresses through construction,
ARC will meet with the project team regularly to
ensure we are on time and on budget.
ARC’ s specialized divisions constructed more than
500 bike parks ranging from tiny dirt pump tracks
to giant hard-surface bike parks. Each of our teams
specializes in a unique aspect of the construction
process.
For example, our Velosolutions crew has built more
than 100 asphalt pump tracks in the USA while our
Action Sports Construction team has unmatched
experience sculpting dirt features and jumps. ARC’ s
Progressive Bike Ramp division manufactures and
installs state of the art sustainable bike features
(many that have been included in the most famous
bike parks in the country). We will tap into the
unique expertise within each of our divisions to
assemble the most qualified and experienced group
of builders for your world-class bike park.
4 5
PBR SUSTAINABLE BIKE FEATURES
Another important consideration of hard surface
pump tracks is the inclusion of prefabricated
purpose-built features specifically for bikes. Not
only do these features help minimize maintenance
in the park, they also provide a progressive riding
experience. Progressive Bike Ramps (PBR) is ARC’ s
sustainable line of bike features and is considered
the leader in pre-engineered features for sustainable
bike parks and pump tracks. These products are
engineered and fabricated in our headquarters
facility and include galvanized steel framework with
a cedar plank riding surface.
In addition to the premium material used to
make these features, the planks are bolted to the
framework from the back, which provides a fastener
free riding surface. This approach ensures bolts do
not come loose and creates a hazard or puncture a
tire. An additional benefit to ARC producing these
features in house is we can provide factory direct
pricing on these products, again allowing us to
maximize your budget wherever we can.
BRANDING & GRAND OPENING
While it is important to create a park for your local
community, facilities like these tend to draw a
regional or even national audience. The best way to
reach potential users is to market your park using
various media platforms. As mentioned earlier,
ARC has an in-house group of artists and marketing
professionals who specialize in developing unique
brands and marketing packages for action sports
parks.
Assuming the city wanted to move forward with this
unique branding opportunity, our Spoke and Wheel
team would first host a discovery meeting with
your project team to discuss your themes, color
schemes, and the ultimate goals and desires for
the park. From there our team will create multiple
custom logos for your team to review. Similar to the
bike park design, the logo will go through multiple
revisions until we land on one you like. Once the
logo is finalized, we will look at unique ways to
incorporate it into the bike park.
Once the bike park construction is complete,
our marketing team will also attend your grand
opening to film the events of the day and complete
interviews with the project team and users. At these
grand opening events, we can supply ARC swag or
have swag made with your newly fashioned bike
park logo. You can see more on this in the ParkID
section later in this proposal.
Scope of Work
TASK 1.0 – DESIGN DEVELOPMENT PHASE
1.1 Kickoff and Site Review
• Meet with project team to review design
objectives, budget, schedule, site confirmation,
and additional details as needed.
• Review proposed site for opportunities,
constraints, access locations, spectator
viewing, drainage considerations, and
supporting amenities as needed.
1.2 Preliminary Concept
• Develop preliminary concept and cost opinion.
• Provide preliminary concept and cost opinion
to project team for review and comment.
• Receive comments from project team for
integration into refined concept.
1.3 Refined Concept
• Refine preliminary concept and cost opinion.
• Provide refined concept and cost opinion to
project team for review and comment.
• Receive comments from project team for
integration into final concept.
1.4 Final Concept
• Present final concept and cost estimate to
project team for review and approval.
• Provide final design project deliverables upon
approval.
ASPHALT PUMP TRACK DESIGN AND
CONSTRUCTION
Task 1.0 Deliverables:
• Site Evaluation Report.
• Final Concept.
• Cost Estimate.
TASK 2.0 - CONSTRUCTION DRAWINGS
2.1 Existing Conditions/Demo Plan
• Show relevant existing site amenities and
identify items to be marked for removal or
salvage
• Identify items/materials/vegetation to be
removed or salvaged by keynote referenced on
legend
2.2 Site Plan/Layout Plan
• Provide location of park perimeter and pump
track elements using horizontal coordinate
curve data and/or horizontal dimensioning.
2.3 Grading & Drainage/Utility Plan
• Show vertical spot elevations of park surfaces
and adjacent park elements.
• Location and sizing of necessary drainage
structures, sizing and location of pipe daylight,
invert and finish grades of drains.
2.4 Sections/ Elevation Plan
• Show vertical relations of park perimeter to
adjacent grades, berms, buffers & landscaping
areas
• Provide keynote legend depicting section cuts
in plan view
2.5 Construction Details
• Provide sufficient construction detailing for the
construction of the park
• Provide all proposed manufactures details /
specifications
2.6 Specifications
• Provide CSI (Construction Specification
Institute) format specifications for all park
items
2.7 Review Period
• Submit construction drawings & specifications
• Address & correct any redline drawings and
specification comments from Client review
Task 2.0 Deliverables:
• One (1) set of Final reproducible drawings sent
electronically to Owner
• One (1) set of construction specifications in
the CSI format as amended by Owner sent
electronically to Owner
TASK 3.0 – ASPHALT PUMP TRACK
CONSTRUCTION PHASE
3.1 Customer Provides*:
• Sufficient water and electrical power within 100
feet of work areas.
• Unobstructed, safe, and continuous access
to work area with heavy equipment and all-
weather roads for heavy equipment.
3.2 Includes*:
• All labor, construction project management,
supplies, tools, materials, and equipment
required to build park per final design
documents.
• Earthmoving techniques.
• Pour and finish asphalt.
• Landscaping within asphalt pump track as
specified in final design.
• Site staking and layout.
• Cutting and shaping grades within pump track
footprint.
• Fine grading.
• Payment and performance bonds.
• Sales taxes.
• Construction documents and/or as-builts.
3.3 Excludes*:
• Any work not specifically indicated above.
• Utility, mechanical, electrical, plumbing work,
relocation or repairs of any kind.
• Toxic or hazardous material handling or
removal.
• Dewatering, street cleaning, and traffic control.
• Removal and/or replanting of any trees or
shrubs or protection of trees and shrubs.
• Site testing and inspections.
• Permits, fees, and/or engineering and
stamping.
• Fencing of any kind.
• Sidewalks/walkways and site amenities of any
kind.
*All items above can be provided for an additional
fee.
Task 3.0 Deliverables:
• Fully constructed asphalt pump track.
6 7
Organization ChartWarranty
John Hunter
CEO/Design Manager
DESIGN CONSTRUCTION
Cole Beckham
DESIGN CONTACT
Director of Design & Planning
Megan Bradley
Landscape & Bike Park Designer
Alex Fowler
Action Sports Designer & Builder
Charles O’Donnell, PE
Civil Engineer
Josh Quade
Construction Project Manager
Trent Walters
Director of Continuous Improvements
Claudio Caluori
Lead Bike Designer & Pro Rider
ASPHALT PUMP TRACK: 1 YEAR LIMITED ON ALL ASPHALT SURFACES Begins on the date of final project delivery or when the on-site work is complete, under the condition that the Velosolutions Asphalt Pump track has no defect in material and/or workmanship. Warranty items covered include:
• Asphalt surface failure due to ineffective subgrade compaction. • Surface cracking greater than the width of two quarters.
Should purchaser believe American Ramp Company has failed to meet the terms of this warranty, they shall notify American Ramp Company, and American Ramp Company shall, at its sole discretion, repair or provide replacement parts. This warranty is exclusive and is in lieu of all other warranties, whether expressed, implied, or statutory.
EXCEPTIONS TO WARRANTY
Asphalt by its inherent characteristics develop hairline checks, cracks, discolor, and stain, and therefore will not be covered by this warranty except when such checks or cracks exceed the thickness of two quarters. Damage caused by surface or subterranean drainage under or around said asphalt or earth fill movement or expansive soil, explosions, wrecking, and the like. Damage caused by improper landscape drainage (not performed by American Ramp Company), stopped up drain, excessive humidity, or motorized vehicular traffic on asphalt surface. Damage caused by premature use of the asphalt surface by foot traffic, furniture, equipment, or vehicles. Repairs required by normal wear, neglect, abuse, accident, vandalism, use of products other than the intended purpose, and acts of nature or God are not warrantied.
The warranty does not cover any modifications, additions, or changes to the Velosolutions Asphalt Pump track unless approved in writing by American Ramp Company.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
American Ramp Company shall not be held liable to purchaser, purchaser’s customers, or other users of the product, or to anyone else for incidental, consequential or any other direct loss or damage or for lost profits or revenues of any kind, arising out of this agreement, whether in any action for or arising out of breach of contract, tort, fraud, or otherwise.
Velosolutions Asphalt Pump track surfaces should be inspected regularly by purchaser to ensure that it is safe and in good repair. Should the purchaser neglect any suggested maintenance, this warranty is rendered invalid. Purchaser assumes all liability for site location and any and all problems resulting from such placement (noise, vandalism, traffic, etc.).
VELOSOLUTIONS WARRANTY
John
Hunter
Cole
Beckham
Megan
Bradley
Charles
O’Donnell
Claudio
Caluori
Josh
Quade
Alex
Fowler
Trent
Walters
Design Kickoff x x
Project Site Visit x x x
30% Concepts x x x x x x
60% CDs x x x x
90% CDs x x x x
100% CDs x x x x x x x x
Construction Kickoff x x x x
Construction Management x x x x
8 9
Project Team
TRENT
WALTERS
DIR. CONTINUOUS IMPROVEMENTS
Combining his passion for mountain biking (27+
years) with a mechanical engineering background
(Purdue University), Trent leverages his expertise in
helping to develop exceptional bike parks. With 23
years of experience designing construction technology
products, he utilizes technology to optimize every
stage of bike park development. A strong advocate
for rider experience, Trent champions standardized
features for consistency, while also advocating for
best practices in custom new features. His dedication
extends beyond design, having served 5 years on the
Miami Valley Mountain Bike Association board and 3
years as a liaison for the Ohio Mountain Bike Alliance.
Relevant Experience
• Mountain biker since 1997
• 27 years designing technology products for the
construction industry
• 5 years Miami Valley Mountain Bike Association
(MVMBA) board
• 3 years Ohio Mountain Bike Alliance (OMBA) club
liaison
Notable Projects
• Cliffs Bike Park, Cleveland OH
• Dayton Bike Yard, Dayton OH
• Arvada Bike Park Design, Arvada CO
• Cone Park Bike Park, Sioux City IA
• Chico, CA
• Moreno Valley, CA
CLAUDIO
CALUORI
LEAD BIKE DESIGNER & PRO RIDER
Claudio Caluori founded Velosolutions because
cycling–in any form–has always been a big part of his
life. The sport has taken Claudio to many places around the world, both as a professional racer and a track
builder. He has learned many life lessons along the
way and has experienced first-hand how pump tracks
positively change lives for every community in which
Velosolutions works. From Roma in Lesotho through
Aranyaprathet in Thailand, all the way to Zurich and
New York City– Claudio has seen pump tracks bring
people into sports and bring people together.
Relevant Experience
• Seven-time Swiss National Champion
• Former World Cup Racer
• Owner of Gstaad-Scott mountain bike racing team
• Decades of experience in the cycling industry
• Responsible for over 100 Velosolutions pump
tracks around the world with their exclusive
asphalt technique
• Announcer for Red Bull Crashed Ice and
Mountain Bike World Cup Series
Notable Projects
• Cliffs Bike Park, Cleveland OH
• Dayton Bike Yard, Dayton OH
• Berthoud Bike Park, Berthoud CO
• Gale Webb Action Sports Park, Menifee CA
• Centennial Park Bike Park, West Valley City UT
• Temecula, CA
• Inglewood, CA
• San Clemente, CA
• Moreno Valley, CA
• Menifee, CA
JOHN
HUNTER
CEO
Focused on the development of spaces that get
more people excited about action sports, John
has led the creative direction of countless project
and product launches. Over the years John has
contributed to publications and been a speaker at
recreation conferences throughout the country. His
development of the Bicycle Playground concept has
led to the creation of a new type of facility that acts as an easy first step for any community looking to
invest in cycling infrastructure.
Relevant Experience
• Avid Mountain Biker since 2009
• Over 15 years of experience developing parks &
recreation infrastructure
• Actively working with Strider Sports to launch
bike programs for public schools
• Helped develop hundreds of skate and bike
park projects around the world
• Shaping the next generation of bikers by
establishing Bicycle Playgrounds
• All Kids Bike Supporter
COLE
BECKHAM
DIRECTOR OF DESIGN & PLANNING
Born and raised in the Midwest, Cole’ s love of bikes
started at an early age. As Northwest Arkansas began
to focus on bike development through the Walton
Foundation, he began to realize that his passion could
become more than just something to do for fun.
Since joining the ARC team, Cole’ s meticulous
attention to detail, creative inspiration, and focus on inclusion has led to hundreds of successful projects
spread across the continent. With a background in
digital design, he has the unique ability to give life to ideas through conceptual art. Cole plays a critical role in ARC’ s commitment to setting the industry standard
for bike park design and construction.
Relevant Experience
• Degree in Computer Science - Northeastern
Oklahoma
• Community bike advocate
• Enduro racer
• BMX rider
Notable Projects
• Cliffs Bike Park - Cleveland, OH
• Dayton Bike Yard - Dayton, OH
• Berthoud Bike Park - Berthoud, CO
• Centennial Park Bike Park - West Valley City, UT
• San Clemente Pump Track - San Clemente, CA
• - Moreno Valley, CA
• Chico Bike Park - Chico, CA
• Oceanside, CA
10 11
MEGAN
BRADLEY
LANDSCAPE & BIKE PARK DESIGNER
Professional Landscape Architect, CA 7110
Megan brings a unique collection of experience and knowledge to our team. She is a National Champion Mountain Biker with a degree in Landscape Architecture and California
resident. Megan will be a critical player in the overall layout and integration of any biking component of this project from both a rider perspective but also as a Landscape Professional.
Working with both our professional Skate and Bike consultants and the broader project team, Megan will work to maximize the positive impact this facility brings to the community while minimizing the impact to the environment. Megan is also passionate about creating opportunities to bring more people to mountain biking and helping to diversify the sport.
Relevant Experience
• Champion Mountain Bicyclist since 2014
• Rider since 2008
• Master of Landscape Architecture, Berkeley
• Action sports park designer since 2018
• Female Athlete of the Year: University of California, Berkeley 2016
• Mountain Bike Rider of the Year: Interbike International Bike Expo 2016
• National Champion Cat 1 MX Mountain Biking:
Mammoth, CA 2016
• Omnium Champion: WCCC Mountain Bike Series
2014, 2105, 2016, 2017
• Extensive experience in GIS, Rhino, AutoCAD,
Photoshop, Illustrator, & InDesign
Notable Projects
• Cliffs Bike Park, Cleveland OH
• Dayton Bike Yard, Dayton OH
• Berthoud Bike Park, Berthoud CO
• Gale Webb Action Sports Park, Menifee CA
• Centennial Park Bike Park, West Valley City UT
• Moreno Valley, CA
• Chico, CA
• Temecula, CA
• Redlands, CA
CHARLES
O’DONNELL, PE
CIVIL ENGINEER
Registered Professional Engineer - Civil, CA 92195, 2020 Charles currently lives in California but began his career interning with American Ramp Company in 2015 while
completing his degree at the University of Toledo. He has been involved in numerous projects over the years including parks, schools, roadways, and residential projects. Charles has found success working within a dynamic multi-discipline team that delivers quality assured designs. His passion for landscape design and experience in action sports development make him a key component of our team.
Relevant Experience
• Landscape Designer – Schmidt Design Group (San
Diego, CA)
• Supported all phases of design production from
schematic design to construction documents.
• Created high quality graphics using AutoCAD and Photoshop • Estimated quantities and costs for a variety of different landscape projects.
• Civil Associate II – Michael Baker International (Carlsbad, CA) • Designed and created complete sets of skatepark, bike park, and roadway construction documents.
• Collaborated with Clients to achieve their goals on time and within budget.
• Created cost estimates and technical specifications for park and roadway projects.
• Associate Designer – Site Design Group (Carlsbad, CA) • Created complete sets of skatepark and bike park
construction documents and technical specifications.
• Designed and rendered using SketchUp and Lumion
• Estimated quantities and costs for skatepark and bike park projects.
JOSH
QUADE
CONSTRUCTION PROJECT MANAGER
Josh Quade is a systems extraordinaire project
manager and a huge asset to ARC’ s operations team.
Josh has personally managed millions of dollars in
public action sports development projects and in his
role at ARC he is the director of the team that leads
all project installation and construction delivery.
Josh has a master’ s degree from Lincoln University
in organizational leadership.
Relevant Experience
• Action sports construction delivery and
project management
• Subcontractor management and team coordination
• Contract management
• Construction scheduling and sequencing
• Construction value engineering
• Team building and leadership
Notable Projects
• Cliffs Bike Park, Cleveland OH
• Dayton Bike Yard, Dayton OH
• Berthoud Bike Park, Berthoud CO
• Gale Webb Action Sports Park, Menifee CA
• Centennial Park Bike Park, West Valley City UT
• San Clemente, CA
• Moreno Valley, CA
• Corcoran, CA
• Chico, CA
Project Team
ALEX
FOWLER
ACTION SPORTS DESIGNER & BUILDER
Alex grew up racing and riding bikes. He would later go on to spend a decade traveling the world on the pro BMX race circuit. His goal is to bring cycling closer to every community and he is willing to go to great lengths to ensure that everyone has a safe place to ride locally. He’ s proud to call California home, graduating from the California State University at Monterey Bay with a Bachelor of Arts degree in Communications & Sport Management. For several years he worked on many of the UCI BMX Supercross tracks, as well as the BMX course used in the Rio 2016, Olympic games.
Relevant Experience
• Professional BMX rider since 2009
• Professional designer & builder since 2010
• Designed & built elite level competition venues, mountain bike parks & pump tracks around the world
• BS Degree in Communications & Sport
Management, California State University
• Extensive experience on heavy equipment in building
parks & supervising crews
Notable Projects & Partners
• Cliffs Bike Park, Cleveland OH
• Dayton Bike Yard, Dayton OH
• Berthoud Bike Park, Berthoud CO
• Gale Webb Action Sports Park, Menifee CA
• Centennial Park Bike Park, West Valley City UT
• Temecula, CA
• Thousand Oaks, CA
• Perris, CA
• Rio 2016 Olympic BMX course
• Largest BMX track in the US
• US Olympic training center
• Sea Otter Classic
• Google
• Subaru
• Fox
• Specialized Bicycles
CHARLES
O’DONNELL, PE
12 13
References
SAN CLEMENTE PUMP TRACK
SAN CLEMENTE, CA
In late 2024, ARC was contracted to design and build this 15,000 square foot pump track facility. Featuring a main track and a beginner track, this pump track is the first of its kind to be constructed in Orange County.
Funded by private, non profit, and public partners, this community driven San Clemente pump track officially opened in April, 2025.
Completed: 2025
Contact:
Samantha Wylie
Beaches, Parks & Recreation Director
[email protected]
949-429-8875
GALE WEBB
KIDS-R-#1 FOUNDER
Completed: 2022
Contact:
Bryce Howell
City Project Manager
[email protected]
951.723.3752
GALE WEBB ACTION SPORTS PARK
MENIFEE, CA
ARC worked with the City of Menifee on design and construction of a full bicycle park built on a 6-acre plot of land. Through this effort we were able to engage the community and really get them something for all riders.
Included in the park is a large 22,000 sf pump track, a large jump line section with varying levels of difficulty, a bicycle playground area, and a skills trail loop. From initial conception in 2019 to a completed park in 2022 we were able to work with the city throughout the process. Beyond just doing the design and construction, our creative team, Spoke & Wheel, also branded and did a video shoot for the city at their grand opening. 14 15
References
RONALD REAGAN SPORTS PARK
TEMECULA, CA
The City of Temecula has several beautiful parks in the city. We were very excited to hear they were planning to put a pump track in one of their parks next to their older skatepark. This park was designed by Alex Fowler before he started working for us and towards the summer of 2019, we were hired to construct it! This track is 15,000 sf and has a wall ride on one of the berms. At the Grand Opening around 1000 people were in attendance and the following three years, we constructed 3 more tracks for the city.
Completed: 2019
Contact:
Nino Abad
City Engineer
[email protected]
951.365.8482
Completed: 2023
Contact:
Javier Andrade
Engineer
[email protected]
559 .429 .4747
THE LOOP PUMP TRACK
CORCORAN, CA
The city wanted something in their parks system to really put them on the map. They nailed it when they put this massive 440,000 sf pump track in their newest park. This pump track was designed and constructed by our VVelosolutions Team as part of a larger park project. We worked with the general contractor A&M to bring this park to life. This track is presently the largest track in the United States and tied for the largest in North America. 16 17
References
Completed: 2022
Contact:
Luke Bolinger
Director of Parks & Recreation
Town of Erie, Colorado
303-926-2796
REVOLUTION PUMP TRACK ERIE, CO
Our Placer.ai data show that 3,800 people attended the pump track qualifier at Erie Community Park on May 3, 2025. Based on regional tourism benchmarks, we estimate that 60 percent of attendees were local residents spending about $30 each, 35 percent were day trippers spending roughly $101 each, and 5 percent were overnight visitors spending approximately $580 each. These spending patterns translate into $313,000 in direct visitor expenditures flowing into Erie’ s businesses, restaurants, and lodging partners. Outdoor recreation studies indicate that every visitor dollar typically multiplies 1.3 to 1.6 times as it circulates through the local economy.
Using that range, the event generated between $407 ,000 and $501,000 in total economic output.
-Luke Bolinger, Director of Parks and Recreation
for the Town of Erie Colorado
Completed: 2021
Contact:
Bill Loranger
Asst. Public Works Dir - Park Superintendent
903-784-9252
[email protected]
PARIS PUMP TRACK PARIS, TX
The small town of Paris is making a big impact with their destination pump track. This bike park has been referenced by riders from all over the state and drawing riders from the Dallas area on a weekly basis. Paris has hosted a UCI qualifying stop every year for both the national and international qualifiers.
This is a favored track by many and its inclusion of a beginner track makes room for all ages and skill levels. And it’ s the only pump track in the US where you can see the Eiffel Tower!
18 19
Velosolutions UCI
December 19th 2022 - Velosolutions and UCI
Dear Sir or Madam,
Velosolutions has partnered with the Union Cycliste Internationale (UCI) to bring you the UCI Pump Track WorldChampionships.
AllQualifier Events andthe World Championshipmustbeheldexclusively on Velosolutions asphalt pump tracks. Velosolutions was selected as the sole designer and builder of host tracks due to the extensive history of over 500 successful asphalt pump tracks across the world.
Only owners of a Velosolutions pump track have the opportunity to apply for an official Qualifier Event or the World Final of the UCI Pump Track World Championships.
You can find the official announcement about the partnership between UCI and Velosolutions in the enclosed press release.
Kind regards,
Christoph Müller
Managing Director
YEAR LOCATION
2022 Lisbon, Portugal
2022 Heipark Tosovice, Czech Republic
2022 Canada
2022 Harstad, Norway
2022 Einghoven, Netherlands
2022 La Neuveville, Switzerland
2022 St. Charles, MO
2022 Berlin, Germany
2022 Are, Sweden
2022 Canada West, Langford
2022 Paris, TX
2022 Edinburgh, UK
2022 Genk, Belgium
2022 Ainsa, Spain
2022 Gaston, NC
2022 Ponte Buggianese, Italy
2022 Bariloche, Argentina
2021 Lisbon, Portugal WORLD FINAL
2021 Edinburgh, Scotland
2021 Harstad, Norway
2021 Schupfheim, Switzerland
2021 Jossefors, Sweden
2021 Eindhoven, Netherlands
2021 Leogang, Austria
2021 Brussels, Belgium
2021 Fukushima, Japan
2021 Berlin, Germany
2021 Orivesi, Finland
2021 St. Charles, MO
2021 Kazan, Russia
2021 Gambetolla, Italy
2021 Beijing, China
2021 Paris, TX
2021 Genk, Belgium
2021 Mt. Gambier, Australia
2021 Springdale, AR
2021 Gaston, NC
2021 Deqing, China
YEAR LOCATION
2021 Durban, South Africa
2021 Cambridge, New Zealand
2021 Bariloche, Argentina
2020 Leogang, Austria WORLD FINAL
2020 Lisbon, Portugese
2020 Biberach, Germany
2020 Cambridge, New Zealand
2020 Roma, Latvia
2020 Harstad, Norway
2020 Gaston, NC
2020 Roosendaal, Netherlands
2020 Alytus, Lithuania
2020 Uxbridge, Ontario, Canada
2020 Kazan, Russia
2020 Jarvso, Scandinavia
2020 Schupfheim, Switzerland
2020 Nanaimo, Canada
2020 Gambettola, Italy
2020 Genk, Belgium
2020 Ensenada, Chile
2020 Chiloeches, Spain
2020 Springdale, AR
2020 Deqing, China
2020 Lyon, France
2020 New Zealand
2020 Fujairah, UAE
2020 Lumela, Lesotho
2020 Mount Gambier, Australia
2020 Bariloche, Argentina
2019 Koniz-Oberried, Switzerland (Bern) 1ST UCI RED BULL WORLDS 2019 Lyon, France
2019 Russia
2019 Glasgow, UK
2019 Leogang, Austria
2019 Roosendaal, Netherlands
2019 Fujairah, UAE
2019 Gaston, NC
2019 Pretoria, South Africa
YEAR LOCATION
2024 Erlangen, Germany WORLD FINAL
2024 Suizhou, China
2024 Monthey, Switzerland
2024 Sicamous (BC), Canada
2024 Havelock North, New Zealand
2024 Dungog, Australia
2024 Hvidovre (Copenhagen) Denmark
2024 Yantai, China
2024 Otrokovice, Czechia
2024 Košice, Slovakia
2024 Sugarland, TX
2024 Ainsa, Spain
2024 Aigle, Switzerland
2024 Sepheo, Lesotho
2024 Genk, Belgium
2023 Erlangen, Germany WORLD FINAL
2023 LCQ Neuquen, Argentina
2023 Mont Saint Anne, Canada
2023 Christchurch, New Zealand
2023 Sugarland, TX
2023 Baldone, Latvia
2023 Heipark Tosovice, Czech Republic
2023 France
2023 Isaberg, Sweden
2023 Thal, Switzerland
2023 Shenyang, China
2023 Lisbon, Portugal
2023 Santiago, Chile
2023 Italy
2023 Saint-Laurent de la Salanque, France
2023 Hawick, Scotland
2023 Middelkerke, Belgium
2023 Fussen, Germany
2023 Deqing, China
2023 Paris, TX
2022 Santa Fe (Santiago), Chile WORLD FINAL
2022 Gisborne, New Zealand
2022 Roma, Lesotho
20 21
Schedule
Disclaimer: This proposed project schedule is provided for general planning and coordination purposes.
It represents our best estimate of key phases, milestones, and durations based on currently available information. Specific dates and sequencing may be adjusted as more detailed information becomes available during project kickoff and subsequent coordination with the project team and stakeholders.
AWARD PROFESSIONAL SERVICES AGREEMENT November 11, 2025 PROJECT KICKOFF November 17 , 2025
SITE VISIT FOR DRONE SURVEY (IF NEEDED) November 24, 2025 30 PERCENT CONCEPTUAL PLAN SUBMITTAL December 31, 2025
60 PERCENT PS&E SUBMITTAL January 30, 2026
90 PERCENT PS&E SUBMITTAL February 13, 2026
100 PERCENT (FINAL) CONTRACT PS&E (BID SET) February 27 , 2026 CONSTRUCTION MOBILIZATION March 9, 2026
SUBSTANTIAL COMPLETION March 30, 2026
WALK THROUGH & PUNCH LIST April 6, 2026
PROJECT COMPLETION April 17 , 2026
22 24 25
26 27
28 29
30 31
32 33
34 35
PEAK PARK ASPHALT PUMP TRACK
BUENA PARK, CA
Contractor: American Ramp Co.
Fee Proposal 17-Oct-25
TASK LABOR TOTAL
NUMBER DESCRIPTION Design Manager Design Coordinator
Lead Pump Track
Designer
Designer/CAD
Manager Design Engineer
Action Sports Dev.
Specialist TOTAL BY
TASK
$175.00 $75.00 $125.00 $100.00 $175.00 $100.00
TASK 1 Project Start Up & Concept Refinement
Project Start Up Meeting 2 2 2 2 2 2 $1,500.00
Biweekly Meetings $0.00
Review Site Reports 2 4 4 4 $1,950.00
HOURS SUBTOTAL 4 2 6 6 6 2 26
COST SUBTOTAL $700.00 $150.00 $750.00 $600.00 $1,050.00 $200.00 $3,450.00 TASK 1 $3,450.00
TASK 2 Schematic Design (30% Canceptual Plan)
Biweekly Meetings 3 3 3 3 3 3 $2,250.00
Preliminary Schematic Design and Cost Estimate 1 1 24 16 0 0 $4,850.00 Revisions 1 1 8 4 0 0 $1,650.00
HOURS SUBTOTAL 5 5 35 23 3 3 74
COST SUBTOTAL $875.00 $375.00 $4,375.00 $2,300.00 $525.00 $300.00 $8,750.00 TASK 2 $8,750.00
TASK 3 Design Development (60% Construction Documents)
Biweekly Meetings 4 4 4 4 4 4 $3,000.00
Pump Track Engineered Plans 4 4 0 0 40 0 $8,000.00
Details and Specifications 0 0 0 0 16 0 $2,800.00
60% Submittal Package with Cost Estimate 8 0 1 0 4 4 $2,625.00 HOURS SUBTOTAL 16 8 5 4 64 8 105
COST SUBTOTAL $2,800.00 $600.00 $625.00 $400.00 $11,200.00 $800.00 $16,425.00 TASK 3 $16,425.00
TASK 4 Construction Documents 90% and 100%
Biweekly Meetings 4 4 4 4 4 4 $3,000.00
Revsions Based on Feedback from 60% Submittal 2 2 2 0 8 0 $2,150.00 Pump Track Engineered Plans 0 0 0 0 16 0 $2,800.00
Details and Specifications 0 0 0 0 16 0 $2,800.00
90% Submittal Package with Cost Estimate 4 0 0 0 2 2 $1,250.00 Revisions Based on Feedback from 90% Submittal 1 1 0 0 8 0 $1,650.00 Stamping and Sealing of Documents 0 0 0 0 0 0 $5,000.00 100% Submittal Package with Cost Estimate 4 0 0 0 2 2 $1,250.00 HOURS SUBTOTAL 15 7 6 4 56 8 96
COST SUBTOTAL $2,625.00 $525.00 $750.00 $400.00 $9,800.00 $800.00 $19,900.00 TASK 4 $19,900.00
Project Summary
TOTAL HOURS 40 22 52 37 129 21 301
SUBTOTAL FEE $7,000.00 $1,650.00 $6,500.00 $3,700.00 $22,575.00 $2,100.00 $48,525.00 Hourly Rates Chart - Peak Park - Buena Park CA.xlsx 10/17/2025 Construction Cost: $751,475.00
Construction of an asphalt pump track typically takes 4 - 6 weeks and requires 6 - 8 crew members. Upon completion of design, we can provide a final breakdown of crew hours.
Project Budget
December 9, 2025
CONSENT CALENDAR
Item No. 5F.
City Council Agenda Report
BUDGET APPROPRIATION IN THE AMOUNT OF $65,250 FOR THE IMPLEMENTATION OF THE CENTRALIASCHOOL DISTRICT EXPANDED LEARNING OPPORTUNITIES PROGRAM (ELOP)
PREPARED BY PRESENTED BY
Connie Hurtado, Community Services Supervisor Connie Hurtado, Community Services Supervisor
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jim Box, Director of Community Services Aaron France, City Manager
RECOMMENDED ACTION
Approve a budget allocation in the amount of $65,250 for FY 25-26 and FY 26-27 to implement the CentraliaSchool District Expanded Learning Opportunities Program (ELOP).
PREVIOUS CITY COUNCIL ACTION
On July 25, 2023, City Council approved an agreement with the Savanna School District authorizing the City'sparticipation in the WINGS Afterschool Program at Holder Elementary School.
On August 12, 2025, City Council approved moving forward with partnering with Centralia Elementary SchoolDistrict's Expanded Learning After School Program (ELOP).
On September 9, 2025, City Council approved the Agreement for Services with Centralia Elementary SchoolDistrict authorizing the City's involvement in the ELOP Program.
On October 28, 2025, City Council approved a Limited-Term, Full-Time Community Services Coordinator positionto effectively manage the ELOP Program.
DISCUSSION
The Community Services Department is currently implementing and coordinating the growing Expanded Learning Opportunities Program (ELOP) in partnership with both the Savanna and Centralia Elementary School Districts.ELOP is a state-funded initiative that offers a wide range of enrichment opportunities for students in TransitionalKindergarten (TK) through sixth grade. Participants engage in activitites such as arts and crafts, coding, readingcomprehension, assemblies, rallies, and various clubs - all designed to foster creativity, critical thinking, and socialdevelopment.
In July 2022, the City entered into an agreement with the Savanna School District to participate in its afterschoolprogram, WINGS (an acronym for Wonder, Inspire, Nurture, Grow, and Succeed), which operates as part ofSavanna's ELOP programs. The program is held at Holder Elementary School, where the City provides recreational programming that includes instruction and supervision in athletic activities, games, crafts, and musicalactivitites.
Additionally, as of August 2025, the Community Services Department has been providing enrichment programmingin sports, culinary arts, dance, and cheer across five schools within the Centralia Elementary School District. Thiscollaboration supports the District's need for high-quality out-of-school activities as part of its ongoing ELOP implementation.
The expansion of ELOP programming to six school sites across two districts has greatly increased the demands ofprogram coordination. To effectively manage this growth, a dedicated Community Services Coordinator is requiredto:
Act as the primary liaison between the City and both School Districts by facilitating communication,addressing concerns, and collaborating on program planning, expectations, and adjustmentsEnsure that activities align with program goals, meet student needs, and follow established standards andexpectationsProvide direct oversight across all ELOP sites ensuring that activities align with program goals, meet studentneeds, and follow established standards and expectationsManage staffing, scheduling materials, and day-to-day operational needs to include coordinating resourcesand resolving on-site issues to ensure smooth and efficient program delivery.
Staff recommends that the City Council approve a budget appropriation in the amount of $65,250 from theundesignated General Fund balance to cover the cost of the position.
BUDGET IMPACT
The full cost for one Limited-Term, Full-Time Community Services Coordinator position is $141,000. Savanna andCentralia Elementary School Districts will reimburse the City a total cost of $75,766 for the position. Staff isrequesting the City Council to approve a budget appropriation in the amount of $65,250 for FY 25-26 and FY 26-27from the undesignated General Fund balance to the Recreation budget for full-Ttme salaries/benefits.
Funding Source Cost
Savanna School District $24,353
Centralia Elementary School District $51,412
General Fund $65,235
Total $141,000
December 9, 2025
CONSENT CALENDAR
Item No. 5G.
City Council Agenda Report
RESOLUTION AUTHORIZING AND DIRECTING CERTAIN BANKS TO HONOR ALL CHECKS, DRAFTS, ANDWARRANTS WHEN BEARING CERTAIN SIGNATURES AND FACSIMILE SIGNATURES OF CITY OFFICIALSAND RESCINDING ALL CONFLICTING RESOLUTIONS
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
Adopt the resolution.
PREVIOUS CITY COUNCIL ACTION
None.
Attachments
mayor signature reso-city.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA, AUTHORIZING AND DIRECTING CERTAIN
BANKS TO HONOR ALL CHECKS, DRAFTS, AND WARRANTS WHEN
BEARING CERTAIN SIGNATURES AND FACSIMILE SIGNATURES OF
CITY OFFICIALS AND RESCINDING ALL CONFLICTING
RESOLUTIONS.
WHEREAS, the City has certain Banks as depositories of City funds, and
WHEREAS, the City Council determines that it is necessary for the efficient administration of fiscal affairs of the City that this Resolution be passed and adopted.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine, and order as follows:
Section 1: Each depository of the City of Buena Park, be and it is hereby requested, authorized, and directed to honor all checks, drafts, warrants or other orders for the payment of money drawn in the name of the City of Buena Park on all of its accounts when bearin g or purporting to bear the manual or facsimile signature of Mayor _________________ or Vice Mayor _____________________, plus the manual or facsimile signature of the Director of Finance.
Section 2: Said banks, including their correspondent banks, shall be entitled to honor and charge the City for all such checks, warrants, drafts or other orders for the payment of money, regardless of by whom or by what means the actual or purported facsimile signature or signatures thereon may have been affixed hereto, if such facsimile signature or signatures resemble the specimens filed with the said bank by the City Clerk of the City of Buena Park.
Section 3: All previous Resolutions authorizing the honoring of signatures and facsimile signatures of City officials other than those set forth in this Resolution are hereby rescinded.
PASSED AND ADOPTED this ____ day of ________ ____, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Mayor
RESOLUTION NO. _______
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez , 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
December 9, 2025
CONSENT CALENDAR
Item No. 5H.
City Council Agenda Report
RESOLUTION APPROVING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF BUENA PARK
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
Adopt a resolution approving the annual Measure M2 Expenditure Report.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
On November 7, 2006, voters approved a renewed Measure M, commonly referred to as M2, which is a 30-year program extension of the original Measure M (1991-2011) that funds countywide transportation facility and service improvements by a transactions and use tax of one-half of one percent (0.5%). M2 requires that each jurisdiction adopt an annual Expenditure Report to account for funds expended that satisfy the Measure M Maintenance of Effort requirement within six months of the jurisdiction’s fiscal year end. By adopting this resolution, the City will be in compliance with this requirement.
BUDGET IMPACT
There is no budget impact by adopting this resolution.
Attachments
M2 Expenditure Report Att1of2 reso.pdf
M2 Expenditure Report Att2of2 report.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, CONCERNING THE
MEASURE M2 (M2) EXPENDITURE REPORT FOR THE
CITY OF BUENA PARK
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by the local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and
WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and
WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buena Park does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of the fiscal year.
b) The M2 Expenditure Report is hereby adopted by the City of Buena Park.
c) The City of Buena Park Director of Finance is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2025.
PASSED AND ADOPTED this 9
th day of December 2025, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________________
Mayor
RESOLUTION NO. _______
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez , 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 9 th day of December 2025.
______________________________________
City Clerk
City of Buena Park Schedule I
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Beginning and Ending Balances
Description
Line
No.
Amount Interest
Balances at Beginning of Fiscal Year
A-M Freeway Projects
0 Regional Capacity Program (RCP)
P Regional Traffic Signal Synchronization Program (RTSSP) = 6- :LocalaFaira'#harea-} =- = = a
R High Frequency Metrolink Service
S :'Tran'sit Extensio'ns 'to Maetrolink
:'Conve;t'Metrol!ank-Stati6n(s) to R'egi'on"al G'ateways that ' T-
i*a .:connectO.r54ngpCpuntywi.thHigh7S.p.eed_Rai3_Sys%ems_ Senior Mobility Program or Senior Non-Emergency Medical u
Program
V .CommunityBasedTransit/Circulators =' --- ""-'
l/l/' :Safe'Tra;s:t'Stops--= = a
aX :aEn'v!ronment'al-CleanupaP'rogram=(WaterQuality) " :Other*
'!t ;J;J f%);')4:'ill ,; YJ'i !;l(?':H..,"#0"Tt'' @. &l!%:a:':
@WA!Ma'
1 2
3 4
5 6
7 8
aloO a aa
'l'i - '
12 ':ff#-!ffi'a'Q#!h'. 5fflttaa J !r,:,-,;B . g::9 ;4 Nj!i'9_!J! "'7a'm'a'aa"'a'4":a'::l'WW f'f.'.iX{:tatv4aaM;%!A)t!!i
S
S '3,351,325.94
S 39,099.56
":"t' %'J'!'. A:WC";"fWJ3j!
S
S
!>
S.
S'
S'
S
S
S
S
S
S
Balances at Beginning of Fiscal Year
aMonies Made Available During Fiscal Year
13 14
S 3,390,425.50
S
S
S 89,897.13
Total Monies Available (Sum Lines 13 & 14)
".Expend!tur;s'Dur!'ngF!scalYear - a"---'-'i'i = -
15 16
S 3,390,425.50
S -747,076.01
.5 sg,sgz.i:i.
S 89,897.13
Balances at End of Fiscal Year
A-M, Freeway Projects
0 Regional Capacity Program (RCP)
P Regional Traffic Signal Synchronization Program (RTSSP) Q ,Local Fair Share
R .HighFrequencyMetrolinkService
S :Transit Extensions to Metrolink '
- :CoanvertMetrolinkStat!on(s)'to'Reg!onalGatewaysthat-a T-
:connect Orange County with High-Speed Rail Systems aSenior Mobility Program or Senior Non-Emergency Medical u
.Program
j. WV .SaCao,memTruanniStY,SBta0spe.Sd Tr'anj!t/Circulat.ors -. ".'.-.7- "' a ' X .Environmen'tal-C!'ea;'up'Program'('WaterQuality)---- --- :Other*
mW m !'l't!!! m.> !4W!!!F. 14 Ql 4},11&a!m'#')
W W kJiG!R! 4
17 18
19 20
21 22
23 24
25 26
27 28
S
S " -
S
S "-z,szra,aag.-zrg'
' S = '
S "
S
S
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S
S
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S
S
S
S
S
S ""'-
S
Sl
"S -
S
S
S
* Please provide a specific description
Line 4LFS Beginning Balance adjustment:
The City received a Sl,630 reimbursement of LFS funds from the Orange County Sanitation District for Sewer Manhole adj made in the Caballero Pavement Rehabilitation (Valley View to Regio) project expended in FY 23-24. Per OCTA direction we are reflecting the refund in the LFS beginning balance.
City of Buena Park M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Sources and Uses
Schedule 2
Description
Line
No.
Amount Interest
Revenues:
A-M:FreewayProjects "' ='
0 oRegional Capacity Program"(RCP)
P Regional Traffic Signal Synchronization Program (RTSSP) Q Local Fair Share
R High Frequency Metrolink Service
S :Transit Extensions to Metrolink
"fConvaertM4tr'ol!nk-Sta!io;(s)toReg'!o'nalGatewaysthatconnect "' T
:Orange County with High-Speed Rail Systems
'U :seni6r Maob!l'ity Program or S-enior Nao'n-Emergency Medi"cal Program-' " V OCommunity Based Transit/Circulators
W :S'afeaTransitStops a =' "-' - ' a = a
" X ' :Envi'ronmental C'lea'nup Prog;ama(Water Qua'lity) a " - ' - " ' -" ;Other*
m) imtb't j {@i t3tM &. lf! !s7..':{!
:A!'
10,,.'l
:4"P"":
':4
At=#, t'AUJ 2B
?*
iJs'TlW' !' af'!""I
R & ;Raa: g. l;l t4
1 2
3 4
5 6
7 8
9 10
11 12
S
S'-"- "
S'
S '= = a
S
S
S
!>
S
S
S"
S
S
S
S
S ' 89,596.18
S a" "
S
S
!> 300.95
S
S
Sa
s
TOTAL REVENUES (Sum lines 1 to 12) 13 S !, 89,897.13 Expenditures:
A-M Freeway Projects
0 . Regional Capacity Program (RCP)
'- P"-R=egion'alTrafficS!gna'lSynchronizat!o-n'Program(RTSSP) " ='-' Q ' a Local Fair Share" ' " - - o - -
R . High Frequency Metrolink Service
f-'S"-:TransitaExtj;sions to Metroli;k- ' = - a a
-' - (Conve'rtaMetro'l!nk Stat!on-(n-) t'o 'Regional Gateways that connect ' T.
:Orange County with High-Speed Rail Systems
U Senior Mobility Program or Senior Non-Emergency Medical Program '- '-Va':Community'BaffiedaTran'sit/C!rculatoars- aa
W :Safe'Trffinsit=Sto-ps " -=-'- " = a ----"-- -" ' a"- -'--- X :EnvironmentalCleanupProgram(WaterQuality)
:Other*
W mr Fa , !!m s m(ffl @"!,ta' %'u a!ffi Zm a
m
14 15
16 17
18 19
20 21
22 23
24 25
S
"S ' = -"
S-
S 707,976.45
S
S'
Sl
S ag',ogg.ss
S '-"
S a"'-"'
S ' "-"
S
S
.i'-
Sa
S 89,596.18
S
S a - ' -""'
S
S 300.95
S
-i -'=='-'
S
S
TOTAL EXPENDITURES (Sum lines 14 to 25) 26 S 747,076.01 S 89,897.13 TOTAL BALANCE (Subtract line 26 from 13) 27 S (7 47,076.01) S * Please provide a specific description
City of Buena Park Schedule 3
Type of Expenditure
Line
No.
MOE
Developer /
Impact Fees"
o
o
Interest
p
P
Interest
Q
o
Interest
x
x
Interest
Other
M2z
Other
M2
Interest
Other' TOTAL
Indirect and/or Overhead 1 S 611,606 S S S S S- S S S S S S S S 611,606 LIJII)IIIILIILIII a Il%lll-All-Vlld/
New Street Construction
Street Reconstruction
Street Reconstruction - Pavement
Signals, Safety Devices, & Street Lights
Pedestrian Ways & Bikepaths
Storm Drams
Storm Damage
Storm Damage - Pavement
2 3a
3b
4 5
6 7a
7b
S
S
S 1,030,357 64
S
S
S
S
s
S
S
!)
S
S
S
S
S
S
S
S
S
S
s
s
S-
S-
S-
S-
S-
S-
e-
S-
S
S
S
9 S
S
S
s
S-
S-
S-
S-
S-
€ -
S-
S-
S
s
S 707,976 45
S
s
S
S
S
S-
S-
S 89,596 18
e-
S-
S-
S-
e-
S-
S-
S-
S-
S-
S-
S-
e-
S-
e-
S-
e-
S-
S-
S-
e-
S-
S-
S-
S-
S-
S-
S-
e-
S-
S-
S-
e-
S-
S-
S-
e-
s
S
S
S
S
S
S
S
S
S
S 1,827,930
S
S
S
s
S
Total Construction' (Sum Lines 2 to 7b)
Right of Way Acquisition
8 9
S 1,030,357 64
S-
S
S-
S
S-
S-
S-
S
S-
S-
S-
S 707,976.45
S-
S 89,596 18
S-
9-
S-
S-
S-
S-
S-
S-
S-
S
S-
S 1,827,930
S-
Total Construction & Right-of-Way (Sum Lines 8 & 9) 10 S 1,030,357 64 S S S- S S- S 707,976.45 S 89,596.18 S- S- S- S- S S 1,827,930 Maintenance
Patching
Overlay & Sealing
Street Lights & Traffic Signals
Storm Damage
Other Street Purpose Maintenance
Other Street Purpose Maintenance - Pavement
ffl W m.mmmm mTh Wm k'=nsmffli -m m d fflmW M M'a Im'
S-
S-
S-
S-
S-
S-
'Ws?mNa& € M rmwwag '"'Wmj {>t . i A - z } ia
S-
9-
e-
e-
S-
S-
e-!W!
e-
S-
e-
S-
S-
S-
Ma'MFa'v;WJ
S-
S-
S-
S-
S-
e-
11 12
13 14
15a
15b
S
S
S 1,371,104 79
S
S 1,019,266 02
S 1,193,869.53
s
s
S
S
S
S-
S
!)
s
S
S
S-
S
S
s
S
S
S-
S-
e-
e-
S-
S-
S-
S
S
s
S
S
S-
S-
S-
e-
S-
S-
S-
W'ffiAfflF@
S-
!>-
S-
S-
S-
S-
'ffimWffihJaa'
S
S
S
S
S
S-
'aarWffiG!h!'fflffl3&:
S
S
S 1,371,105
S
S 1,019,266
S 1,193,870
Total Maintenance' (Sum Lines 11 to 15b) 16 S 3,584,240 34 S S S- S S- S S- S- !>- S- S- S S 3,584,240 Other 17 ma S !> S- S S- S S- S- S- S 39,099.56 S 300 95 S S ag,aoxml GRAND TOTALS (Sum Lines 1, 10, 16, 17) 18 S 5,226,203 98 S S S !> S S 707,976.45 S 89,596.18 S S S 39,099 56 S 300 95 S S 6,063,177.12 Finance Director Confirmation 19
An y California Sta".e Constitution Art cle XIX streets ar d road eligible expenditure may be "counted" in local lurisdictions' calculation of Mo)E if the activity is supported (f nded) by a local lurisdictions' diicretionary funds e g general fund ) The California State Controller also provides useful mformation on Article XIX and the Streets and Highways Code eligible expenditures m its "Guidelines Relating to Gas Tax Expenditures for Cities and Counties" I have reviewed and am aware of these guidelines and their applicability m calculating and reporting on Mamtenance of Effort expenditures Finance Director initial (
' Includes direct charges for staff time
" Other M2 mcludes A-M, R,S,T,U,V, and W
" Transportation related only
" Please provide a specific description
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Streets and Roads Detailed Use of Funds
Legend
Pra3ect Descrtptton
A-M Freeway Prolects
o Regional Capacity Program (RCP)
P Regional Traffic Signal Synchronization Program (RTSSP) Q Local Fair Share
R High Frequency Metrolink Service
s Transit Extensions to Metrolink
T
Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems
u Semor Mobility Program or Semor Non-Emergency Medical Program v Community Based Transit/Circulators
w Safe Transit Stops
x Environmental Cleanup Program (Water Quality)
City of Buena Park Schedule 4
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
Local Fair Share Project List
PROJECT NAME TYPE OF EXPENDITURE AMOUNT INTEREST
Regio Avenue Pavement Rehabilitation,
Knott Ave Pavement Rehabil!tat!on, La P'alma to Artes!a Blvd.
Da!'e S'treet'Pavement Rehab!li'tat'iona, S'R91fCrescen't Los Coyotes Pavement Rehabilitation, Beach to Country Club Dr.
Caballero Pavement Rehabilitation, Valley View to Regio CON - Street Reconstruction - Pavement
CON - Street Reconstruction - Pavement
CON - Street Reconstruction - Pavement
CON - Street Reconstruction - Pavement
CON - Street Reconstruction - Pavement
S 344,840.00
S 31,068.24
S 240,066.2i'
'5' 91,6ffii.j2
';= " 355.07
S 43,640.36
S 3,931.76
S 30,i80.98
S 'li,598.15'
S 44.93
TOT AL PROJECT Q EXPENDED S 707,976.45 , S 89,596.18
GRAND TOT AL PROJECT Q EXPENDED S 797,572.63
City of Buena Park M2 Expenditure Report
Fiscal Year Ended June 30, 2025
LFS/SMP Expenditures Paid with non-Measure M2 (M2) Funds Appendix A
Date M2 Expenditure
Report FY
Program
(LFS/SMP)
Project / Description Expense Type Amount Funding Source Used Indirect Cost? (Y/N)
6/30/2025 2024-25 SMP SemorTransportation In-house Labor Other S 30,562 87 General Fund N
TOTAL PROJECT Q EXPENDED S
TOT AL PROJECT u EXPENDED S 30,562 87
" Durmg the ineligibility period, the City is not eligible to receive LFS or SMP disbursements Any expenditures r=ported in this appendix were paid with non M2 funds and are tracked for potential reimbursement upon remstatement of eligibility, per the applicable settlement agreement @ Instructions for Appendix A - Reporting "M2-Eligible" LFS/SMP Expenditures Durmg Ineligibility Period Purpose.
Durmg the Measure M2 meligibility period, the City must use this appendix to track Local Fair Share (LFS) and Senior Mobility Program (SMP) eligible expenditures that were paid with non-M2 funds (e.g, General Fund, Proposition A, Proposition IB, etc.) Do not report these expenditures in Schedules 1-4.
Any LFS/SMP expenditures paid with Measure M2 funds (e.g., prior-year balances) should continue to be reported as usual m the appropriate schedules Only LFS and SMP expenses paid with non-M2 funds should be documented m this Appendix A, as these costs were covered by other funding sources during the meligibility period.
Expenses listed in Appendix A must have been paid with non-M2 funds and must be Clearly identified as LFS or SMP eligible
Supported by proper documentation
Directly related to a prolect listed in the City's Capital Improvement Program (CIP) Per the applicable settlement agreement or ineligibility determination LFS/SMP funds are sublect to withholding durmg the ineligibility period and may be eligible for reimbursement upon remstatement of eligibility CTFP projects may continue to be awarded durmg meligibility; however, CTFP disbursements are withheld until eligibility is reinstated. CTFP expenditures should be reported m the regular schedules, not in this appendix.
City of Buena Park Signature Page
M2 Expenditure Report
Fiscal Year Ended June 30, 2025
I hereby certify that:
!fAll the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
ffihe interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated; HThe City of Buena Park is aware of the State Controller's IlGuidelines Relating to Gas Tax Expenditures for Cities and Counties", which is a guide for determining MOE Expenditures for M2 Eligibility purposes; ffihe City's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties;" and ffhe City of Buena Park has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2024-25 MOE benchmark dollar amountll.
Sung Hyun
Director of Finance (Print Name)
11/12/2025
Date
Signature
'I Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark.
December 9, 2025
CONSENT CALENDAR
Item No. 5H.
City Council Agenda Report
RESOLUTION ESTABLISHING THE TIME, DATES, AND PLACE FOR CONDUCT OF REGULAR MEETINGSOF THE BUENA PARK CITY COUNCIL AND ESTABLISHING THE ORDER OF BUSINESS TO BECONDUCTED AT SUCH REGULAR MEETINGS
PREPARED BY PRESENTED BY
Adria Jimenez, Director of Government and Community
Relations/City Clerk
Adria Jimenez, Director of Government and Community
Relations/City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adria Jimenez, Director of Government & Community
Relations/City Clerk Aaron France, City Manager
RECOMMENDED ACTION
Adopt a resolution establishing the time, date, and place for conduct of regular meetings of the Buena Park City Council and establishing the order of business to be conducted at such regular meetings.
PREVIOUS CITY COUNCIL ACTION
The City Council discussed this item and provided direction at the City Council Meeting of October 28, 2025.
DISCUSSION
The Buena Park Municipal Code allows the adoption of a resolution to establish the time, dates, place, and order of business for regular Buena Park City Council Meetings. The most recent resolution, Resolution No. 14719, was adopted on July 11, 2023. On October 28, 2025, the City Council discussed formalizing a legislative recess for the second meeting in July. The draft resolution (Att. 1) formalizes a legislative recess for July. Requested changes are noted in red.
BUDGET IMPACT
There is no budget impact associated with this item.
Attachments
Resolution.pdf
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUENA PARK, CALIFORNIA, ESTABLISHING THE TIME,
DATES, AND PLACE FOR CONDUCT OF REGULAR
MEETINGS OF THE BUENA PARK CITY COUNCIL AND
ESTABLISHING THE ORDER OF BUSINESS TO BE
CONDUCTED AT SUCH REGULAR MEETINGS
THE CITY COUNCIL OF THE CITY OF BUENA PARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS:
Section 1. Regular meetings of the City Council shall be held on the second and fourth Tuesdays of each month commencing at 5:00 p.m., in the Council Chamber of the Civic Center, 6650 Beach Boulevard, Buena Park, California, provided, however, that in the event that the date of any such regular meetings falls on a holiday, such regular meeting shall be held at 5:00 p.m. on the next succeeding day which is not a holiday. The City Clerk shall post the agenda of such regular meetings at least 72 hours prior to the commencement of such meetings in accordance with the Brown Act.
Section 2. Promptly at 5:00 p.m. of the day of each regular meeting, the members of the City Council, the City Manager, the City Clerk, the City Attorney and other officers shall assemble at their regular stations in the Council Chamber. The business of the meeting may be taken up in the following order:
a. Call to Order
b. Roll Call
c. Invocation
d. Pledge of Allegiance
e. City Manager’s Report
f. Presentations
g. Oral Communications
h. Consent Calendar
i. New Business
j. Public Hearings (6:00 p.m.)
k. Council Member Announcements, Conference Reports and Calendar Requests l. Study Session
m. City Manager’s Report
n. Commission & Committee Updates
o. Adjournment
Section 3. At any meeting, the foregoing order of business may be changed or suspended by the Mayor, consistent with the Brown Act. The City Clerk shall place all items of the agenda which by law require a duly noticed public hearing at 6:00 p.m. The City Clerk may also place on the agenda for 6:00 p.m., items which are directly related to the matter under consideration at one of the public hearings or other matters.
RESOLUTION NO. _______
Section 4. The Buena Park City Council hereby establishes a legislative recess for regular Buena Park City Council Meetings for the second meetings of each month in July, November, and December.
Section 5. Resolution No. 14719 adopted on July 11, 2023, establishing time, dates, place and order of business for conduct of regular meetings of the Buena Park City Council is hereby rescinded in its entirety upon the adoption of this resolution.
Section 6. This resolution shall take effect immediately so that the first regular meeting of the City Council pursuant to this Resolution shall take place on Tuesday, January 13, 2026.
Section 7. The Mayor is hereby authorized to affix his/her signature to this Resolution signifying its adoption by the City Council of the City of Buena Park and the City Clerk is directed to attest thereto.
PASSED AND ADOPTED this 9th day of December 2025 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
Mayor
ATTEST:
___________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, 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 9th day of December 2026.
_______________________________
City Clerk
December 9, 2025
CONSENT CALENDAR
Item No. 5J.
City Council Agenda Report
ADOPT THE AMENDMENTS TO THE CITY COUNCIL'S CERTIFICATE, COMMENDATION, ANDRECOGNITION POLICY NO. 21
PREPARED BY PRESENTED BY
Adria Jimenez, Director of Government and Community
Relations/City Clerk
Adria Jimenez, Director of Government and Community
Relations/City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adria Jimenez, Director of Government & Community
Relations/City Clerk Aaron France, City Manager
RECOMMENDED ACTION
Recommended Action: Adopt the amendments to the City Council's Certificate, Commendation, and Recognition Policy No. 21
PREVIOUS CITY COUNCIL ACTION
The City Council discussed this item and provided direction at the City Council Meeting of November 12, 2025.
DISCUSSION
The City Council has an established policy for issuing resolutions, proclamations, and certificates of commendation, congratulations, and recognition to honor individuals, organizations, and events that contribute positively to the Buena Park community.
At the City Council meeting of November 12, 2025, the City Council reviewed the current policy and directed staff to incorporate the following amendments:
Approve the amendments as recommended in the draft policy.
Add language limiting Council Members to a maximum of 100 certificates per calendar year, without the approval of the Mayor.
The 100 limit is not applicable to the Mayor.
Requests exceeding the annual limit must be approved by the Mayor.
The provision stating that actions must be “...consistent with the City’s intent to recognize and benefit Buena Park residents, organizations, or businesses” has been eliminated.
The proposed red-line amendments are included in the attached draft policy.
BUDGET IMPACT
There is no budget impact associated with this item.
Attachments
Policy No 21 Certificates and Recognitions - Draft AJ1.pdf No: 21
Date of Council Meeting Approval (revision): 12/09/2025
CITY COUNCIL POLICY STATEMENT
RESPONSIBLE DEPARTMENT: CITY COUNCIL
CONTACT PERSON: CITY CLERK
SUBJECT: CERTIFICATES OF COMMENDATION,
CONGRATULATIONS, AND RECOGNITION
It is the policy of the City Council to issue resolutions, proclamations, and certificates of commendation, congratulations, and recognition. The City Council also issues letters of welcome and messages from the Mayor for certain organizations and groups. These acknowledgements are intended to honor, celebrate, and encourage community involvement and engagement among Buena Park residents, businesses, and organizations whose contributions enhance the quality of life in the City. Recognitions for individuals or groups outside the City shall be limited to those with a direct and demonstrable connection to Buena Park.
The City Council may, by consensus, add or modify proclamations to reflect evolving community priorities.
Acknowledgements are issued on the following general guidelines:
RESOLUTIONS
Americana Citizen of the Year
Building Dedications
Commissioners (upon retirement of appointment)
Employees (upon retirement)
Elva Liesch Hughes Laureate of the Arts Award
Legislators and Elected Officials
Memorial Grove
PROCLAMATIONS
Arbor Day
Asian American and Pacific Islander Heritage Month and Day Against Bullying and Hate Airirang Festival
Autism Acceptance Month
Black History Month
Cinco de Mayo
City-Sponsored Special Events and Causes
DMV / Donate Life California
Ethnic Equality Month
Father’s Day
Filipino American History Month
Fire Prevention Week
Policy Statement No. 21
Certificates of Commendation, Congratulations, and Recognition Harvey Milk Day
Human Relations Awareness Month
Hunger Action Month
Juneteenth (June 19th)
Korean American Day
LGBTQ+ Pride Month
Memorial Day
Mental Health Awareness Month
Mother’s Day
National Alzheimer’s Awareness Month
National Boysenberry Day (duplicate)
National Boysenberry Day
National Bullying Prevention Month
National Child Abuse Prevention Month
National Day of Prayer
National Domestic Violence Awareness Month
National Drowning Prevention Awareness Month
National Fair Housing Month
National Hispanic Heritage Month
National Library Week
National Public Works Week
National Read Across America Week
National Safety Month
Native American Heritage Month
Peace Officers’ Memorial Month and Police Week
Pet Adoption Month/Clear the Shelter Month
Professional Municipal Clerks Week
School Board Recognition Month
Silverado Days
Universal Human Rights Month
Wildfire Awareness and Prevention Month
Women’s History Month
CERTIFICATES OF RECOGNITION
Accomplishments of Citizens (one-time events)
Accomplishments of Organizations (one per organization/event) Boys & Girls Club Youth of the Month/Year
Buena Park Cable Commission Scholarships
Buena Park Graduates From College
City-Sponsored Baseball/Softball Events (i.e. Little League Opening Day) Love Buena Park Day
Special Events for Outside Agencies if event directly benefits Buena Park residents/businesses
YLOC Tutoring Program
Certificates of Recognition are not limited to the above list and may be issued for other achievements, contributions, or events that benefit Buena Park residents, businesses, or the community.
Policy Statement No. 21
Certificates of Commendation, Congratulations, and Recognition
CERTIFICATES OF CONGRATULATIONS
Anniversaries (special milestones)
Award Recipients from Outside Agencies if event directly benefits Buena Park residents/businesses
Birthdays (special milestones)
Eagle Scouts / Girl Scout Silver Awards
Employee Retirements
Family Reunions
Retirements from Outside Agencies
CERTIFICATES OF COMMENDATION
Heroic Acts
Special Service to the City of Buena Park (one per organization/event)
LETTERS OF WELCOME
Conventions Held in Buena Park (one per organization/event) Large Groups Visiting Buena Park (one per organization/event)
MESSAGE FROM THE MAYOR
Special Event Programs / Publications
PROCEDURES AND AUTHORIZATION
Certificates and acknowledgements should reflect the purpose of encouraging community engagement and civic pride in Buena Park.
For non–City-sponsored events and recognitions, one certificate shall be issued per organization rather than multiple individualized certificates.
Requests for recognition certificates, letters of welcome, or mayoral messages should be submitted to both the Mayor and the City Clerk at least one week in advance of prior to the requested presentation date. not in accordance with this policy may be issued at the Mayor’s discretion,
The City Clerk is authorized to approve and prepare certificates and other recognitions in accordance with this policy.
All presentations are scheduled for City Council Meetings at the City Clerk’s discretion based on available agenda time, event timing, and relevance to City priorities.
Requests not specifically outlined in this policy may be issued at the Mayor’s discretion. provided they are consistent with the City’s intent to recognize and benefit Buena Park residents, organizations, or businesses.
Acknowledgments will be issued upon the request of any City Council Member in accordance with the above guidelines. For non-City sponsored events and recognitions, one certificate shall be issued per organization, instead of multiple certificates individualized for each participant.
Policy Statement No. 21
Certificates of Commendation, Congratulations, and Recognition
SIGNATURES AND SUBMISSION REQUIREMENTS
So that requests for certificates, letters of welcome, and messages may be expedited, only the Mayor shall be required to sign these documents, but they will be issued on behalf of the City Council as a whole.
Each Council Member is limited to a maximum of 100 requests for Certificates of Commendation, Congratulations, and Recognition, per calendar year. This limit does not apply to the Mayor.
Requests exceeding the annual limit must be submitted to the Mayor for approval.
Certificates of recognition, appreciation, or congratulations for residents, businesses, and nonprofit organizations may be signed by the Mayor and/or City Council Members, in their respective names, representing issuance on behalf of the City Council as a whole.
Requests for recognition and certificates must be accompanied with detailed information about the event including names of recipients and reasons for recognition.
December 9, 2025
PUBLIC HEARING
Item No. 6A.
City Council Agenda Report
ADOPT ORDINANCES ADOPTING THE CALIFORNIA BUILDING, FIRE, AND RELATED CODES WITH LOCALAMENDMENTS
PREPARED BY PRESENTED BY
Alex Lester, Senior Building Inspector Alex Lester, Senior Building Inspector
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager
RECOMMENDED ACTION
1) Approve second reading and adopt an ordinance amending Title 15 of the Buena Park City Code pertaining toBuilding and Construction Safety; and 2) Approve a second reading and adopt an ordinance amending Title 16 ofthe Buena Park City Code pertaining to Fire Safety.
PREVIOUS CITY COUNCIL ACTION
At the regularly scheduled City Council meeting of November 12, 2025, the City Council adopted a resolution oflocal findings and approved the first reading of the ordinances referenced above and set the public hearing forDecember 9, 2025.
DISCUSSION
State law requires the State Building Standards Commission, the agency charged with developing new building codes, to adopt and publish the California Building Standards Code (State building codes) every three years.
Building standards in the 2025 State building codes become mandatory and automatically effective statewide on January 1, 2026. In general, the 2025 State building codes promote greater energy efficiencies and reflect improved building techniques and safety.
State law allows cities and counties to modify building standards contained in codes comprising the California Building Standards Code, provided findings are made establishing that the proposed amendments are reasonably necessary due to local climatic, geological, or topographical conditions that can affect the health, welfare, and safety of local residents. The local amendments must be considered equal or more restrictive than the State building standards and the findings must be filed with the California Building Standards Commission. Local agencies can also adopt by reference additional, non-mandatory model codes and standards as deemed appropriate by the local agency.
The Community Development Department and the Orange County Fire Authority (OCFA) propose additional local amendments to the State building codes, which include the following:
1. Minimum Class B Fire Rating for Roofs - Due to the serious hazard of rapid fire spread in local high winds, the use of untreated wood roof is prohibited for new buildings and the re-roofing of existing buildings. This local amendment, currently in the Buena Park Municipal Code, is also in response to a grand jury report and recommendations. (Building Code Section 1505).
2. Single Family Fire Sprinklers - The 2025 California Building, Fire, and Residential Codes (similar to the 2022 California Building Codes currently in effect) require all new single-family homes to have fire sprinklers. The current Buena Park Building, Fire, and Residential Codes, by local amendment, also require sprinklers for additions of more than 50%, and remodeled or newly constructed buildings exceeding 5,500 sq. ft. Staff is recommending that the current requirements (50% and 5,500 sq. ft.) be continued.
In addition to the statewide mandatory building codes, staff is recommending adoption by reference of the 2024 International Property Maintenance Code. The 2024 International Property Maintenance Code is the updated edition of the currently adopted 2021 edition. The 2024 International Property Maintenance Code, published by the International Code Council, when adopted by a local jurisdiction, governs the use, maintenance, and occupancy of existing structures and premises, as well as administration and enforcement. While the State does not adopt a property maintenance code statewide, the City has previously adopted the International Property Maintenance Code as a minimum standard for properties in Buena Park.
Although Buena Park is a charter city and ordinance adoption typically only requires a single reading, State Law requires that a special hearing process be followed for adoption of any standards or codes by reference. The special hearing process includes introduction of the ordinance at one meeting, and a public hearing and second reading after a minimum of 14 full days.
This report, resolution, and ordinances were reviewed and approved by the City Attorney.
PUBLIC NOTIFICATION
The second reading public hearing notice was published and posted on November 28, 2025.
BUDGET IMPACT
It is not anticipated that the adoption and implementation of the 2025 California Building, Fire, and related Codeswith local amendments will result in any significant budget change, positive or negative.
Attachments
Building Code Adoption Ord 2025 Attachment 1.pdf
Fire Code Adoption Ord 2025 Attachment 2.pdf
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE"
2024 EDITION; THE 2025 CALIFO RNIA MECHANICAL CODE,
INCORPORATING THE "UNIFORM MECHANICAL CODE," 2024
EDITION; THE 2025 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2024 EDITION; THE 2025
CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 2023 EDITION; THE 2025 CALIFORNIA
RESIDENTIAL CODE, INCORPORATING THE 2024 INTERNATIONAL
RESIDENTIAL CODE; THE 2025 CALIFORNIA GREEN BUILDING
STANDARDS CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE; THE 2025 CALIFORNIA EXISTING BUILDING CODE;
INCORPORATING THE INTERNATIONAL EXISTING BUILDING CODE, THE 2025 CALIFORNIA REFERENCED STANDARDS CODE; THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE; AND THE 2024
INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER
WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTIONS, AND
AMENDING TITLE 15 OF THE BUENA PARK CITY CODE
A. Recitals.
(i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (§ 50022.1, et seq.) of the California Government Code authorizes the adoption, by reference, of the codes specified in the title hereof.
(ii) At least one copy of each of the codes and standards identified in this Ordinance, certified as full, true and correct by the City Clerk of the City of Buena Park, has been filed in the office of the City Clerk of the City of Buena Park in accordance with the provisions of California Government Code § 50022.6.
(iii) A duly noticed public hearing, as required by California Government Code § 50022.3, has been conducted and was concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby find, determine and ordain as follows:
Section 1: The facts set forth in the Recitals, Part A, of this Ordinance, are true and correct.
Section 2: Chapters 15.56, 15.58, 15.60, 15.64, 15.68, 15.70, 15.80, and 15.100 of Title 15 of the Buena Park City Code are hereby repeal ed; provided, however, that said repeal shall not apply to or excuse any violation hereof occurring prior to the effective date of this Ordinance and provided further that the codes as adopted therein by reference and amended by the City of Buena Park shall continue to be applicable to construction wherein plans have been submitted ORDINANCE NO.
for plan check as of the effective date of this Ordinance so long as the initial permit therefore is issued not later than one hundred eighty (180) days after the effective date of this Ordinance.
Section 3: A new Chapter 15.56 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.56
BUILDING CODE
Sections:
15.56.010 California Building Code – Adopted.
15.56.020 Amendments to the California Building Code.
15.56.010 California Building Code – Adopted.
The 2025 California Building Code, incorporating the ‘International Building Code,’ 2024 Edition, including all appendices, is hereby adopted by reference as the Building Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.56.
15.56.020 Amendments to the California Building Code.
Chapter 2
Definitions
Sections 202 Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 Definitions
OCFA. Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter
28. Chapter 5
General Building Heights and Areas
Section 502.1 Address identification is hereby revised as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address id entification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification ORDINANCE NO.
characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. For R-3 and other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the buildi ng address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.
Address identification shall be maintained.
Chapter 9
Fire Protection and Life Safety Systems
Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
Section 903.2 Where required is hereby revised to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
1. New buildings. Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings. Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
b. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.
Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).
Section 903.2.8 Group R is hereby revised as follows:
ORDINANCE NO.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings. An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
1. When the floor area of alterations within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:
2. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
Chapter 15
Roof Assemblies and Rooftop Structures
Table 1505.1 is hereby revised to read as follows:
90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
ORDINANCE NO.
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTIONª
I
A
I
B
I
I
A
I
I
B
II
I
A
II
I
B
I
V
V
A
V
B
B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.
Section 1505.1.3 is hereby revised as follows:
1505.1.2 Roof coverings within all other areas . The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
Section 1505.5 is deleted.
Section 1505.7 is deleted.
Chapter 35 Referenced Standards is adopted in its entirety with the following amendments:
NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the ORDINANCE NO.
fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1 When fire sprinkler systems are installe d in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick- response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
1) Quick-response type as defined in 3.6.4.8
2) Residential sprinklers in accordance with the requirements of 8.4.5 3) Quick response CMSA sprinklers
4) ESFR sprinklers
5) Standard-response sprinklers used for modi fications or additions to existing light hazard systems equipped with standard-response sprinklers 6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes is hereby amended as follows:
Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
NFPA 14, 2025 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby
deleted in its entirety.
NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
ORDINANCE NO.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
Section 6.2.9 is hereby revised to read as follows:
6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not le ss than 40ft. (12m) from the building.
(a) For buildings less than 40ft (12m) in height, a post indicator valve shall be permitted to be installed closer than 40ft (12m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve.
(3) An indicating valve in a pit, installed in accordance with Section 6.4. (4) A backflow preventer with at least one indicating valve not less than 40ft (12 m) from the building.
(a) For buildings less than 40ft (12m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40ft (12m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior. (6) Control valves in a fire-rated stair enclosure accessible from the exterior.
Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised to read as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
ORDINANCE NO.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
Section 10.4.3.2 is hereby deleted.
Section 4: A new Chapter 15.58 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.58
RESIDENTIAL CODE
Sections:
15.58.010 California Residential Code – Adopted.
15.58.020 Amendments to the California Residential Code.
15.58.010 California Residential Code – Adopted.
The 2022 California Residential Code is hereby adopted by reference as the Residential Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.58.
15.58.20 Amendments to the California Residential Code.
Section R202 Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
OCFA. Orange County Fire Authority, the fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter
28. Chapter 3 Building Planning is adopted in its entirety with the following amendments and additions:
Section R301.9 Fuel modification requirements for new construction is hereby added as follows:
R301.9 Fuel modification requirements for new construction. All new structures and ORDINANCE NO.
facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program.
Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is hereby amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.
Section R313.1 Townhouse automatic fire sprinkler systems is hereby amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.
Section R313.2 One- and two-family dwellings automatic fire sprinkler systems is hereby revised to read as follows:
1. Existing Buildings. An automatic sprinkler system shall be installed throughout any existing building when the floor area of the alteration within any two-year period exceeds 50% of area of the existing structure and the building area exceeds 5,500 square-feet. When the cost of installing an approved automatic sprinkler system exceeds 5% of the cost of the alteration, with the approval of the fire code official, the required automatic sprinkler system may be omitted.
Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments, Section 903.2.8.
Section R313.3.6.2.2 Calculation procedure is hereby revised to read as follows:
Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.
(The remainder of the section is unchanged)
Section R319.1 Address identification is hereby revised to read as follows:
R319.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in ORDINANCE NO.
a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. For R-3 occupancies, each character shall be not less than 6 inches in height with a stroke width of not less than 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
Section R902.1 Roofing covering materials is amended by revising it to allow only class A or B roofs, and to read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.
Section R902.1.3 Roofing covering materials is amended by revising it to require a minimum Class B roof, and to read as follows:
R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
Section R1001.13 Outdoor fireplaces, fire pits, fire rings, or similar devices is hereby added as follows:
R1001.13 Outdoor fireplaces, fire pits, fire rings, or similar devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking Section R1001.13.1 Gas-fueled devices is hereby added as follows:
R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Division and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet ORDINANCE NO.
of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Division approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.
Section R1001.13.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:
R1001.13.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.
Section R1001.13.3 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:
R1001.13.3 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
Chapter 44
Referenced Standards
(R-3 Occupancy related standards are included)
Chapter 44 Referenced Standards is adopted in its entirety with the following amendments:
NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 8.15.1.2.7 is hereby revised as follows:
8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.
Section 11.1.1.1 is hereby added as follows:
11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in ORDINANCE NO.
density or design area. Warehouse fire sprinkler systems shall be designed to Figure
16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.
Section 11.2.3.1.1.1 is hereby added as follows:
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433;
2) Use a maximum of 40 psi, if available;
3) Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.
NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary or remote station alarm service.
Section 5: A new Chapter 15.60 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.60
MECHANICAL CODE
Sections:
15.60.010 California Mechanical Code – Adopted.
15.60.020 Amendments to the California Mechanical Code.
15.60.010 California Mechanical Code – Adopted.
The “2025 California Mechanical Code,” incorporating the ‘Uniform Mechanical Code,’ 2024 Edition, is hereby adopted by reference as the Mechanical Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.60.
15.60.020 Amendments to the California Mechanical Code.
[reserved for future amendments]”
ORDINANCE NO.
Section 6: A new Chapter 15.64 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.64
PLUMBING CODE
Sections:
15.64.010 California Plumbing Code – Adopted.
15.64.020 Amendments to Plumbing Code.
15.64.010 California Plumbing Code – Adopted.
The “2025 California Plumbing Code,” incorporating the ‘Uniform Plumbing Code,’ 2024 Edition, including Appendix A and Appendix L, is hereby adopted by reference as the Plumbing Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.64.
15.64.020 Amendments to the California Plumbing Code.
[reserved for future amendments]”
Section 7: A new Chapter 15.68 is hereby added to the Buena Park City Code to read as follows:
“Chapter 15.68
ELECTRICAL CODE
Sections:
15.68.010 California Electrical Code – Adopted.
15.68.020 Amendments to the California Electrical Code.
15.68.010 California Electrical Code – Adopted.
The “2025 California Electrical Code,” incorporating the ‘National Electrical Code,’ 2023 Edition, is hereby adopted by reference as the Electrical Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.68.
15.68.020 Amendments to the California Electrical Code.
[reserved for future amendments]
Section 8: A new Chapter 15.70 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.70
GREEN BUILDING STANDARDS CODE
ORDINANCE NO.
Sections:
15.70.010 California Green Building Standards Code - Adopted.
15.70.020 Amendments to the California Green Building Standards Code.
15.70.010 California Green Building Standards Code - Adopted.
The “California Green Building Standards Code,” 2025 Edition, is hereby adopted by reference as the Green Building Standards Code of the City of Buena Park.
15.70.020 Amendments to the California Green Building Standards Code.
Section 301.1 of the California Green Building Standards Code is amended to read as follows:
301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required.”
Section 9: A new Chapter 15.80 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.80
EXISTING BUILDING CODE
Sections:
15.80.010 Existing Building Code—Adopted
15.80.010 Existing Building Code -Adopted
The “2025 California Existing Building Code,” incorporating the ‘International Existing Building Code,’ 2024 Edition, is hereby adopted in its entirety as the Existing Building Code of the City of Buena Park.”
Section 10: A new Chapter 15.92 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.92
HISTORICAL BUILDING CODE
Sections:
15.92.010 Historical Building Code—Adopted
15.92.010 Historical Building Code -Adopted
The “2025 California Historical Building Code,” is hereby adopted in its entirety as the Historical Building Code of the City of Buena Park.”
ORDINANCE NO.
Section 11: A new Chapter 15.96 is hereby added to Title 15 of the Buena Park City Code to read as follows:
“Chapter 15.96
REFERENCED STANDARDS CODE
Sections:
15.96.010 Referenced Standards Code—Adopted
15.96.010 Referenced Standards Code -Adopted
The “2025 California Referenced Standards Code,” is hereby adopted in its entirety as the Reference Standards Code of the City of Buena Park.
“Chapter 15.100
PROPERTY MAINTENANCE CODE
Sections:
15.100.010 International Property Maintenance Code—Adopted
15.100.010 International Property Maintenance Code -Adopted
The “International Property Maintenance Code,” 2024 Edition, published by the International Code Council is hereby adopted in its entirety as the Property Maintenance Code of the City of Buena Park together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.100.”
Section 12: Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or any of the Codes hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance or any of the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance.
Section 13: Civil Remedies Available. The violation of any of the provisions of this Ordinance or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
Section 14: The Council finds that the actions contemplated by this ordinance are exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines ORDINANCE NO.
Section 15061(b)(3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.
Section 15. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.
Section 16: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
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 Jimenez, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Buena Park held on the ____ day of _________________, ______, and finally passed on the ____ day of ________________, ____.
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF BUENA
PARK ADOPTING BY REFERENCE THE 2025 CALIFORNIA FIRE
CODE, INCORPORATING THE "INTERNATIONAL FIRE CODE",
2024 EDITION, INCLUDING ALL APPENDICES, TOGETHER WITH
CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND
PENALTIES, AND AMENDING TITLE 16 OF THE BUENA PARK
MUNICIPAL CODE.
A. Recitals.
(i) California Government Code § 50022.1, et seq. authorizes the adoption, by reference, of the 2025 California Fire Code.
(ii) At least one copy of said Code, certified as full, true and correct by the City Clerk of the City of Buena Park, has been filed in the office of the City Clerk of the City of Buena Park in accordance with the provisions of California Government Code § 50022.6 and in the office of the building official in accordance with California Health and Safety Code § 18942(d)(1). (iii) A duly noticed public hearing, as required by California Government Code § 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby find, determine and ordain as follows:
Section 1: The facts set forth in the Recitals, Part A, of this Ordinance are true and correct.
Section 2: Chapter 16.00 of Title 16 of the Buena Park Municipal Code is hereby repealed provided that said repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Chapter 16.00 is hereby added to Title 16 of the Buena Park Municipal Code to read as follows:
“Chapter 16.00
FIRE CODE ADOPTED
Sections:
16.00.010 Fire Code adopted.
16.00.010 Fire Code adopted. Except as hereinafter provided in Chapter 16.04, the 2025 California Fire Code, incorporating the International Fire Code, 2024 Edition, including all appendices, together with certain amendments, deletions, additions, and penalties, is hereby adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life and property and protecting the same from fire or explosion, save and except such portions as are hereinafter added, deleted, modified or amended. Said Code shall be referred to as the Fire Code of the City of Buena Park.”
Section 3. Chapter 16.04 of Title 16 of the Buena Park Municipal Code is hereby repealed provided that said repeal shall not affect or excuse any violation thereof occurring prior to the ORDINANCE NO. _______
effective date of this Ordinance. A new Chapter 16.04 is hereby added to Title 16 of the Buena Park Municipal Code to read as follows:
“Chapter 16.04
FIRE CODE AMENDMENTS
Sections:
16.04.010 Fire Code amendments.
16.04.010 Fire code amendments.
Chapter 1
Scope and Administration
Chapter 1 Scope and Administration is adopted in its entirety with the following amendments:
Section 113.4 Violation penalties is hereby revised as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 113.4.2 Infraction and misdemeanor is hereby added as follows:
113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety
as amended by the State Fire Marshal with
the following amendments:
Sections 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically ORDINANCE NO. _______
for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter
28. Chapter 3
General Requirements
Chapter 3 General Requirements is adopted in only those sections and subsections adopted by the State Fire Marshall with the following amendments:
Section 304.1.3 Vegetation is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared
2. When an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:
SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS,
AND PORTABLE OUTDOOR FIREPLACES
ORDINANCE NO. _______
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building and Safety Division and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.
Where a permanent Building and Safety Division approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the ORDINANCE NO. _______
WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction . All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.
Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
322 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1 Difficult terrain.
2 Danger of erosion.
3 Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4 Stands or groves of trees or heritage trees.
5 Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
Section 327 Use of Equipment is hereby added as follows:
327.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine ORDINANCE NO. _______
is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
Section 327.2 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
327.2 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush- covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30 foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.
2. Maintain one serviceable round point shovel with an overall length of not less than forty- six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
4. Keep a cell phone nearby and call 911 immediate in case of fire.
Section 327.3 Spark Arresters is hereby added as follows:
327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness is adopted in only those sections, subsections,
adopted by the State Fire Marshal with the following amendment.
Section 407.5 is revised as follows:
ORDINANCE NO. _______
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification” in accordance with Section 5001.5.2.
Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is entirety
as amended by the State Fire Marshal with the
following amendments:
Section 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
Section 510.1 Emergency responder communications enhancement systems in new buildings is hereby deleted and replaced as follows:
510.1 Emergency responder radio coverage in new buildings .
All new buildings
shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing pub lic safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County S heriff’s Department, Communications and Technology Division, and wher e the functionality of perf ormance requirements in the California Fire Code are more stringent, this code.
Exceptions:
1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
ORDINANCE NO. _______
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.
2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety as amended by the
State Fire Marshal.
Chapter 7
Fire and Smoke Protection Features
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by the State Fire Marshal.
Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by the State Fire Marshal.
Chapter 9
Fire Protection and Life Safety Systems
Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety as amended by the State Fire Marshall with the following amendments:
Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
ORDINANCE NO. _______
1. New buildings. Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2, an automatic sprinkler syst em shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings. Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
b. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.
Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).
Section 903.2.8 Group R is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings. An automatic sprinkler system shall be installed throughout all new buildings.
2. Existing Buildings. An automatic sprinkler system shall be installed throughout any existing building when the floor area of the alteration within any two-year period exceeds 50% of area of the existing structure and the building area exceeds 5,500 square-feet. When the cost of installing an approved automatic sprinkler system exceeds 5% of the cost of the alteration, with the approval of the fire code official, the required automatic sprinkler system may be omitted.
Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
ORDINANCE NO. _______
Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by the State Fire Marshal .
Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings is adopted in only those sections and subsections adopted by the State Fire Marshal.
Chapter 12
Energy Systems
Chapter 12 Energy Systems is adopted in its entirety
as amended by the State Fire Marshal.
Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety without amendments.
Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety
as amended by the State Fire Marshal.
Chapter 22
Combustible Dust-Producing Operations
90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
ORDINANCE NO. _______
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety.
Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by the State Fire Marshal.
Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by the State Fire Marshal.
Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.
Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.
Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.
Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities
Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:
Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.5 and 105.5.31.
Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or ORDINANCE NO. _______
other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.
Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.
5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
Section 2808.3.1 Increase in Pile or Stack Size is hereby deleted in its entirety.
Section 2808.4 Pile Separation is hereby revised as follows:
2808.4 Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
ORDINANCE NO. _______
Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.
Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet.
If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
Section 2808.13 Tipping areas is hereby added as follows:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
2. Material within a tipping area shall not exceed 5 feet in height at any time.
3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane.
4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.
5. All material within a tipping area shall be processed within 5 days of receipt.
Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.
Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
ORDINANCE NO. _______
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building
Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety.
Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.
Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures
Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety
as amended by the State Fire Marshal.
Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by the State Fire Marshal.
Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety as amended by the State Fire Marshal.
Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety without amendments
as amended by the State Fire Marshal.
ORDINANCE NO. _______
Chapter 35
Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety.
Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.
Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.
Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety.
Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 STORAGE OF DISTILLED SPIRITS AND WINES is adopted in its entirety.
Chapter 41
Temporary Heating and Cooking Operations
Chapter 41 TEMPORARY HEATING AND COOKING OPERATIONS is adopted in its entirety as amended by the SFM.
Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety.
Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety as amended
by the State Fire Marshal with the following amendments.
Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby revised as ORDINANCE NO. _______
follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall follow OCFA Guideline G-04 “Completion of the Chemical Classification”, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.
Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.
Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.
Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.
Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by the State Fire
Marshal.
Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.
Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:
Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.
Section 5608.3 Application for Permit is hereby added as follows:
ORDINANCE NO. _______
Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids is adopted in its entirety as amended by
the State Fire Marshal.
Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted in its entirety as amended by the State Fire Marshal.
Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.
Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.
Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.
Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.
Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids
Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.
ORDINANCE NO. _______
Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.
Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.
Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.
Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.
Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety as amended by the State Fire Marshal with the following amendments.
NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
Section 16.12.3.3 is hereby revised as follows:
6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (i ncluding inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick- response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard ORDINANCE NO. _______
occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers. (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems.
Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.
NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
Section 6.2.9 is hereby revised as follows:
All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
1. For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
ORDINANCE NO. _______
2. Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 ft (12m) away.
3. Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m).
(2) A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall. (3) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(b) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 ft (12 m) away. (c) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m). (4) Indicating control valves installed in a fire-rated room accessible from the exterior (5) Indicating control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the AHJ
(6) Any other valve type or location as permitted by the AHJ
Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
ORDINANCE NO. _______
Section 10.4.3.2 is hereby deleted and replaced as follows:
10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.
ORDINANCE NO. _______
Appendices
Appendix A is not adopted
Appendix B is adopted in its entirety as amended by the State Fire Marshal.
Appendix BB is adopted in its entirety.
Appendix C is adopted in its entirety as amended by the State Fire Marshal.
Appendix CC is adopted in its entirety.
Appendix D is not adopted.
Appendix E is not adopted.
Appendix F is not adopted.
Appendix G is not adopted.
Appendix H is adopted in its entirety.
Appendix I is not adopted.
Appendix J is not adopted.
Appendix K is not adopted.
Appendix L is not adopted.
Appendix M is not adopted.
Appendix N is not adopted.
Appendix O is not adopted.
Appendix P is not adopted.
Appendix Q is not adopted.
Section 4: Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or of the Code hereby adopted. Except for violations deemed to be an infraction, any person, firm, partnership or corporation violating any provision of this Ordinance or of the Code hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Code hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed ORDINANCE NO. _______
punishable therefore as provided in this Ordinance.
Section 5: Civil Remedies Available. The violation of any of the provisions of this Ordinance or of the Code hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
Section 6: The Council finds that the actions contemplated by this ordinance are exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.
Section 7. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a cour t of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Code hereby adopted shall remain in full force and effect.
Section 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
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 Jimenez, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Buena Park held on the ____ day of _________________, ______, and finally passed at a regular meeting of the City Council of the City of Buena Park held on the ____ day of ______________, ____.
______________________________________
City Clerk