CITY OF COSTA MESA
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, November 7, 2023
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system outages or experiencing other critical issues, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.
Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
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1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
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Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].
Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - TWO CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: 1921 Harbor Blvd. LLC dba High Seas
Orange County Superior Court Case No. Pending
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 420-012-16
Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment
4. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager and Alma Reyes, Deputy City Manager
Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
NOVEMBER 7, 2023 – 6:00 P.M.
JOHN STEPHENS
Mayor
JEFFREY HARLAN ANDREA MARR Mayor Pro Tem - District 6 Council Member - District 3
MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Proclamation: Native American Heritage Month, 2023 23-1447 11-07-2023 Native American Heritage MonthAttachments:
5 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
2. Proclamation: Movember, 2023 23-1449
11-07-2023 MovemberAttachments:
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.
Comments are limited to 3 minutes, or as otherwise directed.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Reynolds
2. Council Member Chavez
3. Council Member Gameros
4. Council Member Harper
5. Council Member Marr
6. Mayor Pro Tem Harlan
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
23-1444
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
6 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
2. READING FOLDER 23-1446
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Malik Anthony Atalla, Kendra Boost, Christopher Matlick, Jeff Schoneman, High Seas.
3. ADOPTION OF WARRANT RESOLUTION 23-1442
RECOMMENDATION:
City Council approve Warrant Resolution No. 2708.
1. Summary Check Register 10-12-23
2. Summary Check Register 10-19-23
3. Summary Check Register 10-26-23
Attachments:
4. MINUTES 23-1445
RECOMMENDATION:
City Council approve the minutes of the regular meeting of October 17, 2023.
1. 10-17-2023 Draft MinutesAttachments:
5. PURCHASE OF THE FOSTER & FREEMAN DCS® 5 DIGITAL
CAPTURE SYSTEM FOR THE POLICE DEPARTMENT CRIME SCENE
UNIT
23-1429
RECOMMENDATION:
Staff recommends City Council:
1. Approve and authorize the purchase of a DCS® 5 Digital Capture System from Foster & Freeman for the Crime Scene Unit (CSU) in the amount of $112,106.
2. Authorize the City Manager to execute a Purchase Order, and any other documents required in connection with the purchase of the DCS® 5 Digital Capture System.
1. Quote - Foster and Freeman DCS5 PROAttachments:
7 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
6. ACCEPTANCE OF THE 2023-2024 CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL (ABC) GRANT
23-1430
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt the proposed Resolution No. 2023-XX authorizing the acceptance of grant funds in the amount of $40,000 from the California Department of Alcoholic Beverage Control in connection with its Alcohol Policing Partnership Program.
2. Approve budget appropriation of $40,000 from the Alcoholic Beverage Control Grant.
1. ABC OTS exhibits
2. 24-OTS102 STD 213 w SCO block
3. Draft Resolution No. 2023-xx Authorizing ABC Grant
Acceptance
Attachments:
7. SUB RECIPIENT AGREEMENT FOR THE 2022 URBAN AREA
SECURITY INITIATIVE GRANT
23-1431
RECOMMENDATION:
Staff recommends the City Council:
Authorize the City Manager, or designee, to execute the attached Sub- Recipient Agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative (UASI) Grant Program.
1. UASI 2022 AgreementAttachments:
8 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
8. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE COSTA MESA SKATE PARK EXPANSION
23-1439
RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to David Volz Design Landscape Architects, Inc ., 151 Kalmus Drive, Suite M 8, Costa Mesa, California in the amount of $287,476 for the design of the Costa Mesa Skate Park located at 900 Arlington Drive, Costa Mesa, and authorize the City Manager and the City Clerk to execute the PSA.
2. Authorize a ten percent (10%) contingency in the amount of $28,748 in order to cover additional work or unforeseen circumstances.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement within Council authorized limits.
1. PSA with David Volz Design Landscape Architects, Inc.Attachments:
9. 2025 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM 23-1440 RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 2023-xx, approving projects for inclusion in the Orange County Transportation Authority’s (OCTA) Federal Transportation Improvement Program (FTIP) for Fiscal Years 2024/25 through 2029/30 (Attachment 1).
1. Proposed 2025 FTIP ResolutionAttachments:
9 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
10. BICYCLE SAFETY EDUCATION PROGRAM FOR SCHOOLS 23-1441 RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to Walk ‘n Rollers, 8800 Venice Boulevard, Suite 301, Los Angeles, CA 90034 for the development of a Bicycle Safety Education Program for Schools in the amount of $149,967 (Attachment 1).
2. Authorize a ten percent (10%) contingency in the amount of $14,996 for unforeseen costs.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
1. Proposed PSA with Walk N. Rollers, Inc.Attachments:
11. REJECT ALL BIDS - ADAMS AVENUE AND PINECREEK DRIVE
INTERSECTION PROJECT, FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT NO. 23-01
23-1428
RECOMMENDATION:
Staff recommends the City Council reject all bids for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City Project No. 23-01, and direct staff to re-advertise the project.
1. Bid AnalysisAttachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: (Next Page)
10 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND
BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL
CODE BY ADDING CHAPTER II (REGULATION OF CERTAIN
BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT
PROTECTIONS)
23-1433
RECOMMENDATION:
1. Introduce and give first reading, waiving further reading, to Ordinance No. 2023 -XX Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections) and/or adopt Ordinance No. 2023-XX, an Urgency Ordinance Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses ), Article 24 (Just Cause Residential Tenant Protections).
2. Appropriate a total of $300,000 from uncommitted American Rescue Plan Funds (ARPA) to provide supplemental rental assistance to households facing no -fault just cause eviction, and authorize the City Manager, City Attorney, and City Clerk to approve and execute new or amended agreements with existing program providers.
3. Allocate $250,000 from uncommitted ARPA funds to the Law Offices of Jones Mayer, increasing the scope of the contract to include eviction and rental -related legal services, including but not limited to court filings, to enforce the eviction protection provisions of the Costa Mesa Municipal Code regarding unlawful acts in connection with no-fault just cause evictions.
4. Approve the addition of three (3) Full Time Equivalent (FTE) staff positions to implement, monitor, and enforce the subject Ordinance, with an additional FTE at the discretion of the City Manager. The staff positions include one Community Outreach Worker in the Neighborhood Improvement Division, one (1) Senior Planner, and one (1) Code Enforcement Officer II in the Economic and Development Services Department. Appropriation authority is requested at an estimated $300,000 for the remainder of the fiscal year from uncommitted ARPA (American Rescue Plan Act) Funds to cover the fiscal impact of the additional positions.
Agenda Report
1. Draft Eviction Ordinance
2. Draft Eviction Urgency Ordinance.
3. Costa Mesa Notice of Termination of Tenancy
Attachments:
11 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
NEW BUSINESS:
1. FISCAL YEAR 2022-23 PRELIMINARY UNAUDITED YEAR-END
FINANCIAL REPORT
23-1443
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager, or her designee, to concur with FiPAC recommendations on the allocation and appropriation of Fiscal Year 2022- 23, if available, year-end savings estimated between $4.0 million to $6.0 million in order of priority as follows:
a) Transfer $1.1 million to Fund 401 for the Lions Park Café; b) Transfer $1.5 million to Fund 401 for Fire Station #4 Training Tower; c) Deposit $500,000 (up to $1.0 Million, if available for surplus funds of $6.0 million) to the Workers’ Compensation Fund Balance designation; d) Transfer $900,000 to Housing Fund 222 for Housing Element and Visioning;
e) Transfer $300,000 to Equipment Fund 602 to pay the balance of one Fire Engine Apparatus; and
f) Transfer $1.2 million to Fund 401 for improvements to the City ’s Golf Course and Tennis Center.
12 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
2. LIONS PARK CAFÉ PROJECT 23-1383
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager and City Clerk to execute Amendment Number Five to the Professional Services Agreement (PSA) with Johnson Favaro, 5898 Blackwelder Street, Culver City, CA 90232, in the amount of $130,250 with a three-year contract extension, and any future amendments.
2. Authorize the City Manager and City Clerk to execute Amendment Number Two to the PSA with STV Construction, Inc ., 1055 West Seventh Street, Suite 2900, Los Angeles, CA 90017, in the amount of $226,960 with a three-year contract extension, and any future amendments.
3. Authorize the City Manager to execute Change Order No. 2 to the Purchase Order with Tovey /Shultz Construction, Inc ., 18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530, in the amount of $1,929,805, and any future amendments.
4. Create and/or amend the City ’s budget appropriations and allocations in the amounts and funds as needed to effectuate the changes identified above .
1. Lions Park Cafe Building Rendering and Layout
2. Johnson Favaro Amendment Request
3. STV Amendment Request
4. Tovey/Shultz Change Order Request
Attachments:
3. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE
POTENTIAL PREPARATION OF A MORATORIUM AND /OR OTHER
ALTERNATIVE PROCEDURE TO DISCONTINUE OR SUSPEND
ACCEPTANCE AND PROCESSING OF CANNABIS RETAIL
APPLICATIONS
23-1426
RECOMMENDATION:
Staff recommends the City Council provide direction regarding the potential preparation of a moratorium and /or other alternative procedure to discontinue or suspend acceptance and processing of cannabis retail applications.
Agenda ReportAttachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
13 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda November 7, 2023
ADJOURNMENT
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1447 Meeting Date: 11/7/2023
TITLE:
Proclamation: Native American Heritage Month, 2023
DEPARTMENT: City Manager’s Office
15 WHEREAS, Native American Heritage Month is observed by acknowledging the contributions of Native Americans, who have inhabited the region for a millennium and have contributed significantly to the growth, prosperity, and identity of our country, from before its inception to the present day; and
WHEREAS, Native American Week began in 1976, and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month; and WHEREAS, California is home to 109 federally recognized Indian tribes; and WHEREAS, Costa Mesa's first inhabitants were native American Indians of the Tongva Tribe, who settled on the mesa near the banks of the Santa Ana River in what today is now the Diego Sepulveda Adobe; and
WHEREAS, Costa Mesa honors and lifts up the enduring perseverance, diverse cultures, and excellence of all the people who first called this City, State, and nation home; and WHEREAS, Native Americans have moving stories of tragedy, triumph, and traditions that need to be shared with future generations; and
WHEREAS, the City is aware of the historical importance of local and national tribes and the way Native Americans continue to enrich our heritage and add to all aspects of our society by sharing their customs and traditions.
NOW, THEREFORE , I, John B. Stephens, Ma yor of the City of Costa Mesa, do hereby proclaim November 2023 as Native American Heritage Month and encourage all residents to celebrate the rich cultures of indigenous people, honor their sacrifices, acknowledge the unique challenges Native Americans fa ce, historically and present, and recognize their continued significance in our community.
DATED this 7th day of November 2023.
_____________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1449 Meeting Date: 11/7/2023
TITLE:
Proclamation: Movember, 2023
DEPARTMENT: City Manager’s Office
17 WHEREAS, Movember started in Australia in 2003 and has since become a global movement with over 6 million MoBros and MoSisters part of the initiative today; and WHEREAS, is uniquely observed to address the global health crisis among men and raise awareness for the three biggest health issues facing men: mental health and suicide prevention, prostate and testicular cancer; and WHEREAS, men’s health is in crisis , and they are dying on average five years earlier than women, largely for preventable reasons; and
WHEREAS, 1 in 7 men will be diagnosed with prostate cancer in his lifetime , and treatment options for prostate cancer vary depending on a man’s age, stage, and grade of his cancer, as well as other existing medical conditions, and testicular cancer, is the most common cancer in males between the ages of 15 and 34; and WHEREAS, 1 in 4 adults in the U.S. will experience a mental health problem in any given year, and 87 men in the U.S. die by suicide every day; and WHEREAS, the City of Costa Mesa is committed to raising awareness about men’s health issues and their effect on fathers, sons, brothers, uncles, and husbands across Costa Mesa and the world; and
WHEREAS, the City of Costa Mesa encourages its residents to talk about their mental health and commit to a stigma-free culture; and
WHEREAS, the City of Costa Mesa joins communities across our nation to challenge men to grow and make a commitment to get active and MOVE.
NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim November 2023 as Movember, and urge all Costa Mesa residents to join in the movement to change the face of men’s health.
PRESENTED this 7th day of November 2023.
______________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
18 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1444 Meeting Date: 11/7/2023
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
19 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1446 Meeting Date: 11/7/2023
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Malik Anthony Atalla, Kendra Boost, Christopher Matlick, Jeff Schoneman, High Seas.
20 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1442 Meeting Date: 11/7/2023
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2708.
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 23-20 “A”for -$715.38, On Cycle 23-21 for $3,346,743.32, and On Cycle 23-22 for $3,445,244.74 and City operating expenses for $ 6,092,482.24.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1445 Meeting Date: 11/7/2023
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the minutes of the regular meeting of October 17, 2023.
99 Minutes – Regular Meeting – October 17, 2023 Page 1 of 13
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
OCTOBER 17, 2023 – MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.
ROLL CALL
Present: Council Member Chavez, Council Member Harper, Council Member Marr (Arrived 4:24 p.m.) Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Absent: Council Member Gameros.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Schaefer v. Costa Mesa
Orange County Superior Court Case No. 30-2022-01286737-CU-PO-CJC
2. THREAT TO SECURITY
Pursuant to California Government Code Section 54957(a) Consultation with: Costa Mesa Director of Emergency Services, City Manager, Police Chief, Fire Chief.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to California Government Code Section 54956.8
APN: 420-012-16
Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(2) City Council recessed at 4:03 p.m. for Closed Session.
Closed Session adjourned at 5:24 p.m.
100
Minutes – Regular Meeting – October 17, 2023 Page 2 of 13 CALL TO ORDER – The Regular City Council and Successor Agency to the Redevelopment Agency, and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance.
MOMENT OF SOLEMN EXPRESSION – Led by Pastor Monica Corsaro, Fairview Community Church.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr Council Member Reynolds, Mayor Pro Tem Harlan and Mayor Stephens.
Absent: None.
CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.
PRESENTATIONS:
Mayor Stephens presented a proclamation in honor of 2023 Domestic Violence Awareness Month.
Mayor Stephens presented a proclamation in honor of 2023 National Crime Prevention Month.
Presentation by Orange County Supervisor Katrina Foley on CalOptima Health and Medi-Cal Renewals.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Wendy Simoa spoke on sound problems at The 12 gym.
Keith Scheinberg spoke against a Cannabis moratorium for businesses in the application process.
Juana Trejo thanked the City Council for services provided, and thanked the Police Department.
Jay Humphrey, Costa Mesa, spoke on reducing carbon standards, and spoke on negative impacts for lowering parking requirements,
Speaker, thanked the City Council for services provided, requested a police presence in District 2, and thanked staff for working in the communities.
Speaker, spoke on the war in Israel and spoke on providing assistance to those in need.
Speaker, thanked staff for the Scarecrow Festival, spoke on providing services to children, and thanked Sergio Escobar and Ivis Torres.
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Minutes – Regular Meeting – October 17, 2023 Page 3 of 13 Speaker, Resilience Orange County, thanked the Council for talking to the community, and spoke on inclusivity.
Speaker, thanked the Council for their services, and requested more resource fairs in Spanish.
Speaker, thanked Council Member Chavez for his representation, and spoke on the need for services for undocumented people.
Kim Hendricks spoke on the vernal pools at Fairview Park.
Speaker, spoke against the street improvements on West 19th St., spoke against the new permit parking program, and spoke on RHNA numbers and Measure Y.
Speaker, spoke on State mandates, new laws, RHNA numbers, local control and housing, and requested updates on Assembly Bill 434 and Assembly Bill 1484.
Marc Vukcevich requested update on legislation, and reported on attending the Strong Towns event.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Marr spoke on providing services and inclusivity, and on the Sustainability Decathlon.
Council Member Reynolds spoke on the Sustainability Decathlon, reported on the Active Transportation Committee, spoke on the Outdoor Dining Ordinance, spoke on participating in a week without driving, spoke on the need for amenities at bus stops, spoke on the report from Resilience Orange County, and requested resources for youth.
Council Member Chavez spoke on walking Center St. with residents, requested a 3 way stop sign at Monrovia St. and Center St., and spoke on taking a tour of students to Randall Preserve formally known as Banning Ranch.
Council Member Gameros reflected on living in a safe environment.
Council Member Harper requested an update on The 12 gym, spoke on efficiency at meetings, requested to receive the agendas two weeks before the meeting, and spoke on retail cannabis and the economy.
Mayor Pro Tem Harlan spoke on the Hamas attack on Israel and proudly stands with Israel.
Mayor Stephens spoke on attending Back to Soy Night, spoke on attending the State of the Schools, spoke on pursuing the Street Medicine CalOptima Grant Program, spoke on taking a bus ride with Council Member Reynolds and bus benches needing improvements, spoke on standing with Israel, and spoke on adjourning the meeting in memory of Richard Koehler. 102
Minutes – Regular Meeting – October 17, 2023 Page 4 of 13 REPORT – CITY MANAGER – Ms. Farrell Harrison spoke on applying for the Street Medicine CalOptima Grant Program and spoke on hiring a noise consultant for The 12 gym noise complaint.
REPORT – CITY ATTORNEY – Ms. Hall Barlow spoke on new legislation being analyzed that pertains to housing.
CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Mayor Stephens
MOTION: Approve the Consent Calendar.
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None
Absent: None.
Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife’s employment at Priceless Pets.
Motion carried: 7-0
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Alexandra Lee Atalla, Luca Farren Atalla, Theresa Atalla, Jeremiah Duran, Violeta Vushcan.
3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on this item due to his wife’s employment at Priceless Pets.
ACTION:
City Council approved Warrant Resolution No. 2707.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of October 3, 2023. 103
Minutes – Regular Meeting – October 17, 2023 Page 5 of 13
5. REQUEST TO CANCEL THE REGULAR MEETING OF TUESDAY, NOVEMBER 21, 2023 DUE TO THANKSGIVING RECESS CALENDARS
ACTION:
City Council cancelled the regular meeting of Tuesday, November 21, 2023 due to Thanksgiving Holiday and academic recess calendars.
6. ACCEPTANCE AND ALLOCATION OF THE 2023-24 OFFICE OF TRAFFIC SAFETY
GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
ACTION:
1. City Council approved Resolution No. 2023-51, which ratifies the application for a grant award from the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and authorized the City Manager or designee to execute all grant documents, including the Grant Agreement, and accept and administer the grant.
2. Approved revenue and expense appropriations in the amount of $285,000, respectively, for the 2023-24 OTS STEP Grant.
7. ACCEPTANCE OF THE ORGANIZED RETAIL THEFT PREVENTION GRANT FOR THE COSTA MESA POLICE DEPARTMENT OF $3.5 MILLION
ACTION:
1. City Council approved Resolution No. 2023-50 authorizing participation in the Organized Retail Theft (ORT) Prevention Grant Program and the City Manager, or designee, to execute the ORT Standard Agreement.
2. Approved revenue and expense appropriations in the amount of $3,518,133, respectively, for the Organized Retail Theft (ORT) Prevention Grant.
8. RESPONSE TO THE GRAND JURY REPORT TITLED “WELCOME TO THE
NEIGHBORHOOD- ARE CITIES RESPONSIBLY MANAGING THE INTEGRATION OF GROUP HOMES?”
ACTION:
1. City Council approved the response to the 2022-23 Orange County Grand Jury Report, “Welcome to the Neighborhood- Are cities responsibly managing the integration of group homes?”
2. Authorized the Mayor to submit the response to the Presiding Judge of the Superior Court pursuant to Penal Code Section 933.05 (a) and (b). ----------------------------------------END OF CONSENT CALENDAR----------------------------------------- 104
Minutes – Regular Meeting – October 17, 2023 Page 6 of 13 PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. APPEAL OF PLANNING APPLICATION 22-05 FOR A RETAIL CANNABIS STOREFRONT BUSINESS LOCATED AT 1505 MESA VERDE DRIVE EAST (“C21+”) Presentation by Ms. Halligan, Contract Planner.
Mr. Les, Appellant, provided a presentation to City Council.
Ms. Belladore, Applicant, provided a presentation to City Council.
Public Comments:
Alexander Haberbush spoke on denying the application.
Randy Nguyen spoke on denying the application.
Speaker, spoke on denying the application.
Mike Vargas spoke on denying the application.
Matthew Priest spoke in favor of the application.
Chuck Perry spoke on denying the application.
Betsy Densmore spoke on denying the application.
Nicole Lloyd spoke on denying the application.
Tammy Matthews spoke in favor of the application.
Speaker, spoke in favor of the application.
Tao Nguyen spoke in favor of the application.
Speaker, spoke in favor of the application.
Shelly spoke on denying the application.
Jason Les spoke on denying the application.
Greg Les spoke on denying the application.
Ashton Slaw spoke in favor of the application.
Dr. Mary Pham spoke on denying the application.
Michael McDaniels spoke on denying the application.
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Minutes – Regular Meeting – October 17, 2023 Page 7 of 13 Dan Ha spoke in favor of the application.
Speaker, spoke on denying the application.
Allie Christenson spoke on denying the application.
Speaker, spoke on denying the application.
MOVED/SECOND: Council Member Marr/Council Member Harper MOTION: Overturn the Planning Commission’s decision and deny Planning Application 22-05.
SUBSTITUTE MOTION/SECOND: Mayor Stephens/Mayor Pro Tem Harlan SUBSTITUTE MOTION: Uphold the Planning Commission’s decision and approve Planning Application 22-05.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: Council Member Harper and Council Member Marr.
Absent: None.
Abstain: None.
Motion carried: 5-2
ACTION:
City Council upheld the Planning Commission’s decision and adopted Resolution No. 2023-49 to approve Planning Application 22-05.
OLD BUSINESS: NONE.
City Council recessed into a break at 8:35 p.m.
City Council reconvened at 8:51 p.m.
NEW BUSINESS:
1. APPOINTMENTS TO VARIOUS CITY COMMITTEES
Presentation by Ms. Green, City Clerk.
Public Comments: None.
ACTION:
City Council made appointments as follows:
106
Minutes – Regular Meeting – October 17, 2023 Page 8 of 13 MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Appoint Becca Walls, Kalvin Alvarez, and Diana Lorraine Gardiner to the Animal Services Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
1. City Council made the following three (3) appointments to the Animal Services Committee with a term expiration of April 2025. Council Member Marr appointed Becca Walls, Council Member Chavez appointed Kalvin Alvarez, and Council Member Reynolds appointed Diana Lorraine Gardiner.
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Appoint Michaela Teissere, Trace Yulie, and Jose Gomez to the Active Transportation Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
2. City Council made the following three (3) appointments to the Active Transportation Committee with a term expiration of April 2025. Council Member Marr appointed Michaela Teissere, Council Member Chavez appointed Jose Gomez, and Council Member Reynolds appointed Trace Yulie. Two of the appointments are at-large to ensure broad representation of different mobility options and experiences (e.g. walk, bike, bus, and age ability).
MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Accept the late application for Kohl Crecelius and appoint Kohl Creselius, Daniel Baume, and Jennifer Thomas to the Fairview Park Steering Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
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Minutes – Regular Meeting – October 17, 2023 Page 9 of 13
3. City Council accepted the late application for Kohl Crecelius and made the following three (3) appointments to the Fairview Park Steering Committee with a term expiration of April 2027. Council Member Marr appointed Kohl Crecelius, Council Member Chavez appointed Daniel Baume, and Council Member Reynolds appointed Jennifer Thomas.
MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Appoint Ralph Taboada, Tom Arnold, and Lisa Buchanan to the Finance and Pension Advisory Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
4. City Council made the following three (3) appointments to the Finance and Pension Advisory Committee with a term expiration of April 2027. Council Member Marr appointed Ralph Taboada, Council Member Chavez appointed Tom Arnold, and Council Member Reynolds appointed Lisa Buchanan.
MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Appoint Becks Heyhoe, Andrea Schmidt, and Aaron McCall Craddolph to the Housing and Public Service Grants Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
5. City Council made the following three (3) appointments to the Housing and Public Service Grants Committee with a term expiration of April 2025. Council Member Marr appointed Becks Heyhoe, Council Member Chavez appointed Andrea Schmidt, and Council Member Reynolds appointed Aaron McCall Craddolph. 108
Minutes – Regular Meeting – October 17, 2023 Page 10 of 13 MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Appoint Eileen Cirillo as a Park Own Representative, Syed Zia Hussain as an At Large Representative, Colette McCall Craddolph as a Mobile Home Park Resident Representative, Joy Young ad a Mobile Home Park Resident Representative, and Maria Horton as a Park Owner Representative, and correct the Arts Commission terms to coincide with the concurrent terms of the respective appointing Council Member.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
6. City Council appointed Eileen Cirillo and Maria Horton as the two (2) Park Owner or Representative appointments, Colette McCall Craddolph and Joy Young as the two (2) Mobile Home Park Resident appointments, and Syed Zia Hussain as the one (1) Independent Citizen At-large appointment to the Mobile Home Park Advisory Committee, all with a term expiration of April 2027. And Corrected the term expiration dates for the Arts Commissioners. Terms ending in 2024 to 2025 and terms ending in 2026 to 2027.
2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF
THE COSTA MESA MUNICIPAL CODE BY ADDING CHAPTER II (REGULATION OF CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT
PROTECTIONS)
Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Public Comments:
Jeff Bucher, Costa Mesa, spoke on the California legislation on rent control not applying to owner-occupied single-family homes, spoke on 12-month leases, no fault just cause evictions, statistics, and Assembly Bill 12.
Daniel Morgan spoke on the City Council touring apartment buildings, spoke on asbestos, encouraged staff to speak with property owners, spoke on unintended consequences, spoke on Assembly Bill 1482, spoke on buildings needing remodeled, and requested more staff for planning and building inspections.
Speaker, agrees with previous speakers, spoke in opposition of the proposal, spoke on being in compliance with new laws.
Victor Cao, Senior Vice President of the California Apartment Association, spoke in opposition to the ordinance for specific reasons, spoke on non-renewal of a lease, month to month tenancies and relocation, the payment of two months for relocation, credit scores, and spoke on negative unintended consequences.
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Minutes – Regular Meeting – October 17, 2023 Page 11 of 13 Speaker, spoke in support of the ordinance.
Speaker, spoke on the intent of the ordinance to protect renters from bad landlords, unintended consequences, spoke in opposition to the ordinance, spoke on more education on new state laws, spoke on enforcement to address bad landlords, and spoke on working with the good landlords for solutions.
Speaker, spoke on unjust evictions and families needing assistance.
Speaker, Resilience Orange County, spoke on assisting tenants, a rental registry, the need for enforcement, and spoke on gathering more data.
Juana Trejo spoke on tenants’ rights, rents being raised, evictions, and spoke in support of the ordinance.
Greg Les, Costa Mesa, cautioned against the ordinance, spoke on new costs for the landlords and higher rents, spoke on an exemption, and spoke in opposition of the ordinance.
Speaker, Resilience Orange County, spoke on the ordinance, the need for relocation assistance, immigrant protections, the cost for tenants, spoke on data regarding evictions, an implementation plan, and spoke on tracking data.
Speaker, spoke on the repairs being made by the owners, and requested assistance for undocumented individuals.
Ashley Anderson spoke on the impacts of evictions, owners not making the repairs, and spoke in support of the ordinance.
Speaker, Resilience Orange County, spoke in support of the ordinance, and that landlords should be making improvements.
MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Continue the meeting past midnight.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: Council Member Gameros, Council Member Harper, and Council Member Marr.
Absent: None.
Abstain: None.
Motion carried: 4-3
Speaker, spoke on owning a duplex, providing quality housing, and spoke against the ordinance.
Robert Morse, Costa Mesa, spoke in support of the ordinance.
Speaker, spoke on evictions and public input.
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Minutes – Regular Meeting – October 17, 2023 Page 12 of 13 MOVED/SECOND: Council Member Marr/Mayor Pro Tem Harlan
MOTION: Continue the item to the next meeting on November 7, 2023.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council continued the item to the November 7, 2023 City Council meeting.
3. STATUS UPDATE REGARDING THE CALIFORNIA OFFICE OF EMERGENCY SERVICES’ (CAL OES) SOUTHERN CALIFORNIA REGIONAL EMERGENCY
OPERATIONS CENTER (EOC) PROJECT AT THE FAIRVIEW DEVELOPMENTAL
CENTER SITE
Presentation by Ms. Le, Economic and Development Services Director.
Public Comments:
Speaker, spoke in opposition to the Emergency Operation Center at the site and spoke on communication with the residents.
Cynthia McDonald, spoke in opposition to the Emergency Operation Center, inquired on One Metro West in the Environmental Impact Report, and requested additional outreach and visioning.
Speaker, spoke in opposition to the Emergency Operation Center, spoke on the need for cooperation with other County and State representatives.
MOVED/SECOND: Council Member Gameros/Council Member Marr MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council authorized the City Manager or designee to finalize the draft letter incorporating feedback from the City Council and submit it to the State. 111
Minutes – Regular Meeting – October 17, 2023 Page 13 of 13
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
Council Member Chavez, spoke on the need for meeting to be more efficient.
ADJOURNMENT – Mayor Stephens adjourned the meeting at 12:40 a.m. in honor of Richard Culler.
Minutes adopted on this 7th day of November, 2023.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
112
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1429 Meeting Date: 11/7/2023
TITLE:
PURCHASE OF THE FOSTER & FREEMAN DCS®5 DIGITAL CAPTURE SYSTEM FOR THE
POLICE DEPARTMENT CRIME SCENE UNIT
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: SCOTT STAFFORD, LIEUTENANT
CONTACT INFORMATION: SCOTT STAFFORD, LIEUTENANT, (714) 754-5675 RECOMMENDATION:
Staff recommends City Council:
1. Approve and authorize the purchase of a DCS®5 Digital Capture System from Foster & Freeman for the Crime Scene Unit (CSU) in the amount of $112,106.
2. Authorize the City Manager to execute a Purchase Order, and any other documents required in connection with the purchase of the DCS®5 Digital Capture System.
BACKGROUND:
The Police Department’s Crime Scene Unit uses alternate light source (ALS) to assist in the collection of DNA and forensic evidence. The current process to use ALS requires multiple pieces of equipment (multiple light sources, tri-pod, camera, different colors of safety glasses, and lens covers for the camera). This process takes time to set up each time and requires the investigator to select the right wavelengths of ALS and filters. While this process has proven to be effective, it is more time consuming and delays investigative leads when compared to newer technologies available for the advancement of policing.
In December of 2022, the Prop 69 Committee approved $122,606.00 for funding the purchase of a DCS®5 imaging system ($112,106.00) and forensic evidence drying cabinets ($10,500.00). In April of 2023, the allocation was approved by the Orange County Board of Supervisors.
The acceptance of the 2022 Proposition 69 Funds, in the amount of $122,606.00, was presented and approved by the City Council on June 20, 2023.
ANALYSIS:
The DCS®5 is an all-in-one system that allows adjustments to the wavelength and filters at the touch of a button. It is a comprehensive imaging system for the illumination, visualization, photography, and enhancement of DNA and fingerprints on varying surfaces and backgrounds. Precise wavebands of illumination from UV through the visible to IR are provided to improve the visualization of different
113
File #: 23-1429 Meeting Date: 11/7/2023
illumination from UV through the visible to IR are provided to improve the visualization of different types of fingerprints including latent, contaminated or chemically treated. It includes wavelengths that CMPD does not currently have, which will allow for better detection of evidence. This will allow evidence to be processed more efficiently and thoroughly and provide leads to Detectives more quickly to help solve cases faster.
The DCS®5 fingerprint capture and enhancement workstation is designed, manufactured, and distributed exclusively by Foster & Freeman.
A Sole Source Request and Foster & Freeman quote were submitted to Finance to justify the purchase of the DCS®5 Digital Capture System. The system and enhancement workstation is designed, manufactured, and distributed exclusively by Foster & Freeman. It is the only product that combines high-resolution UV-Vis-IT photography, multi-spectral illumination, and a powerful software interface with digital enhancement and casework management functions in the DCS®5. It is an instrument for the detection, photography, and enhancement of fingerprint evidence.
This purchase will enhance and improve the Police Department’s ability to identify, collect, and process DNA evidence.
ALTERNATIVES:
The City Council could choose not to purchase the DCS®5 Digital Capture System; however, this alternative is not recommended as this all-in-one system will improve the CSU’s ability to identify, collect, and process DNA evidence utilizing grant funds.
FISCAL REVIEW:
There are sufficient appropriations in Fund 231 State Grants. Funds were received in FY 2022/23 from the Proposition 69 Grant to fund this purchase.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends City Council:
1. Approve and authorize the purchase of a DCS®5 Digital Capture System from Foster & Freeman for the Crime Scene Unit (CSU) in the amount of $112,106.
2. Authorize the City Manager to execute a Purchase Order, and any other documents required in connection with the purchase, of the DCS®5 Digital Capture System.
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Costa Mesa Police Dept.
99 Fair Dr.
Costa Mesa
CA 92626
USA
Attention of Ms. Lindsey Olson
QUOTATION Q214865 - FOR THE SUPPLY OF:
LINE PRODUCT DESCRIPTION QTY UNIT PRICE SUB TOTAL
1 DCS PROFESSIONAL FINGERPRINT CAPTURE SYSTEM
120V
1 95,118.07 95,118.07
(DCS5/SYS/PRO/120V)
DCS5 STAND, SOFTWARE, COMP, MON, PRINTER AND
8X4 MOUNT
(DCS5/KIT/001)
Comprising:
COPY STAND (NO CAMERA/8X4 MT)
(DCS4/STAND)Free-standing copy stand
- Transmitted light base, 430 x 350mm, fitted with four 13 watt daylight, high frequency fluorescent lamps for even illumination.
- 1.2m column with weight compensation and gear rack
height adjustment. NOTE: supplied without camera arm
- Removable base plate with magnetic bars for holding
exhibits
- Dust cover
- Incident lighting not included
COPY STAND MOUNT
(QCL/144X8/ASSY)- Modified Kaiser camera arm with
Crime-lite 8x4 base bracket QCL/143x8, Crime-lite 8x4
mount QCL/142x8 and camera mount QCL/141x8
- Allows fully independent adjustment of camera and Crime- lite 8x4
- Suitable for Kaiser's R1 System of columns only
- Suits most SLR camera and lens combinations
DCS5 FINGERPRINT CAPTURE AND ENHANCEMENT
SOFTWARE AUDIT
(DCS5/MODULE)Software:
Integrated software for fingerprint image capture, validation, enhancement through to final printing at 1:1
- Dedicated application specific toolboxes to simplify the enhancement of fingerprint images. Each toolbox provides enhancements specific to different types of fingerprint treatments and/or backgrounds. Additional enhancement
tools are provided for advanced users
Your Reference: RFQ - DCS5 PRO
Our Reference: C106357
Quote Reference: Q214865
Date: September 29, 2023
ATTACHMENT 1
115
- Optional Photographic and Chemical Treatment Wizard is also available. Other optional software modules will be offered when available
- Full forensic audit trail in simple language covering full history of image from image origin to image output
- Automatic image authentication using ‘VeriData iDem’
- User defined case work management ensures all related images and support files are stored together
- Archive management allowing backup to CDs, DVDs and
network locations. Monitoring of archive status ensures archiving is up to date
- Pre-calibrated and custom 1:1 image printing with options to print enlargements and non-standard image sizes
- Simplified image calibration with auto image magnification with for accurate scaling
- Customised enhancement for third level fingerprint
examination, this process will highlight pore and ridge detail giving clear visibility of pore and ridge positions and shapes. - Image annotation allowing for the marking of characteristics in fingerprint images.
- Simultaneous image output to multiple locations including local printers, AFIS and Minilab
- Administrator settings control allowable user activities - Monitor resolution: 1920 x 1200 recommended, 1600 x 900 minimum
- Operating system: Windows 7 64bit, and Win10.
- Available languages: English and German (others
languages can be provided at extra cost).
Camera control:
- Supported camera, NIKON D5/DX810 modified for
colour/UV and IR imaging
- Full spectrum, live view, full screen viewing of all images from UV to IR (depending on lens selection)
- Live view auto and manual tuning of camera white balance - Mirror Up camera mode supported
- Capture preview images as tiff files supported from the camera interface
Light source support:
- Full on-screen control of Crime-lite 8x4 (MK2 and MK4) - Full on-screen control of Crime-lite FLS
NOTE: DCS5/MODULE WILL SUPPORT THE D700
CAMERA - LIVE IMAGE MODE IS NOT AVAILABLE
(The D3, D3S, D3X are also supported but have no LIVE
view)
DCS5 LICENCE WIZARD
(DCS5/WIZARD)Simple to use wizard to guide users through the choices of suitable internationally recognised chemical treatments and photographic techniques for a wide variety of surface and exhibit types.
The results provide illustrated information on the suggested chemical treatments and full instruction on the photographic lighting techniques and camera settings to use for effective fingerprint photography.
of 12
Your Reference: RFQ - DCS5 PRO
Our Reference: C106357
Quote Reference: Q214865
Date: September 29, 2023
116
Available languages: English. Others languages can be
provided at extra cost.
DCS5 COMPUTER SYSTEM
(DCS5/COMP)Computer (Minimum Specification):
i7 equivalent
16GB RAM
1 x 2TB SATA HDD
1 x 512GB SSD
DVD RW Drive
6 x USB 2.0 or 3.0 ports rear
Network interface Integrated Gigabit (10/100/1000) via RJ45 connector
Min 512MB Graphics Adaptor (on board or Card)
Minimum display connection VGA
Multimedia Card Reader
external XQD card reader
Windows 10 64 Bit
Wired USB plus Wireless USB Optical Scroll Mouse
2TB external HDD
32" MONITOR
(DCS5/MON32)- 4K monitor with UltraColor
- 32" (viewable 31.5"/80cm
- 4K UHD (3840 x 2160)
IMAGE PRO ANALYSER
(DCS4/IPA)Image processing software required as part of DCS 4 or 5 installation
Version 6.3.0.512 supplied on CD for compatibility with DCS 4 Licence and hasp valid for version 7.x and lower
Available languages: English
VERIDATA IDEM LICENCE
(DCS4/IDEM)VeriData iDem version 3.00 or later
Provides validation and authentication of original digital images
Available languages: English. Others languages can be
provided at extra cost.
Compatible with DCS5
PHOTOGRAPHIC ACCESSORY PACK
(DCSL/075)Comprising:
Photographic Blackout Cloth (DCSL/049)
- Black rubberised fabric for reducing unwanted ambient light during photography
- Size 1.5m (60") x 1.35m (72") approx.
Air Blower (DCSL/072)
- For removing dust from lenses and camera filters
Lens Cloth (DCSL/073)
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Your Reference: RFQ - DCS5 PRO
Our Reference: C106357
Quote Reference: Q214865
Date: September 29, 2023
117
- High quality cleaning cloth ideal for lenses, LCD screens etc.
- Washable and supplied in a rigid plastic case
Lens Cleaning Wipes (DCSL/074)
- Pack of disposable, lint free wipes for cleaning lenses and camera filters
FUJI ASK400 DIGITAL COLOUR PRINTER
(DCS5/PRIN/ASK400)Printing Method: Dye-Sublimation
Thermal Transfer
Gradation: 256 levels {8 bit) per colour (Y, C, M)
Operation for paper exchange: Semi-Auto loading
Virtual 600dpi using high quality and matt finish mode
Dimensions (W X D X H): 10.8 x 17.6 x 6.7in. (275 x 446 x 170mm)
Weight approx.:12kg (26.4lb)
USB interface (rear side): High-Speed USB Ver.2.0 x 1 port (Type B)
Power consumption: 2.4A (220-240VAC, 50/60Hz), 4.6A
(120VAC, 50/60Hz)
EMC & Safety & Environment: EMC FCC / CE
PAPER PRINTING PACK FOR FUJI ASK400 - 800 PRINTS
(DCS5/PAPER/ASK400/46)FUJI T RK - CF800
- 2 x Paper rolls and ink ribbons for 400 prints per roll (total 800 prints)
- print size - 4"x6" (102mm x 152mm)
NIKON D6 DIGITAL SLR CAMERA WITH P/SUPPLY AND
LEADS FOR DCS5
(DCS5/KIT/002/D6)
Comprising:
NIKON D6 DIGITAL SLR CAMERA WITH ACCESSORIES
(DCS5/CAM/D6)- pre configured ready for DCS 5 use
Features include:
Megapixels 20.8
Sensor Format Full Frame
Sensor type CMOS
Sensor size 35.9 mm x 23.9 mm
Max Resolution 5568 x 3712
HD Movie mode 4k possible from separate monitor if
required 1080 resolution embedded in DCS5 software
- modified to transmit from UV (365nm) to IR (1,000nm)
Other items included:
- cables and power adaptor
HDMI PVR PC CAPTURE DEVICE
(DCS5/LINDYVCD)- HDMI PVR PC capture device
- seamless picture quality with USB3.0 bandwidth enabling you to capture 1080p video @ 60fps
- part number 2167977
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CAMERA BUBBLE LEVEL
(DCS5/LEVEL)Manfrotto 337 hot-shoe two axis bubble level
USB 3.0 A TO B CABLE 2M LONG
(DCS5/LINDYUSB3)- LINDI USB3.0 A to B cable, 2M long
- part number 41612
NIKON HDMI CABLE A-C MINI
(ALM13004)
LINDY 5M USB 3.0 ACTIVE EXTENDER
(43155)
VELCRO CABLE TIE 150MM
(FEC337-5986)
S/ADHESIVE CABLE CLIP 13MM
(FEC116-8960)
3 X IR CAMERA FILTERS FOR DCS5
(DCS5/KIT/003)
Comprising:
IR CAMERA FILTER FOR DCS5 72MM WITH ANTI-GLARE
COATING 715NM
(DCS5/IRF1)- schott RG715 long pass filter glass (1% cut-on wavelength at 693nm, nominal)
- reflective long pass dielectric filter coating deposited on to Schott glass to suppress auto-fluorescent emissions of filter glass
- maximum anti-glare performance when used with high
power light sources
(note: 70mm diameter glass fitted in 72mm diameter
threaded holder)
- requires step down ring 77mm to 72mm for use with
DCS4/LENS/PCE85 (DCS5/SDR77-72)
- requires step up ring 62mm to 72mm for use with
DCS4/LENS/AF105 or QCL273/ (QCL/212)
- requires step up ring 52mm to 72mm for use with
DCS5/LENS/UVIR (DCS5/SUR52/72)
NOTE: Adaptors are supplied with the individual lenses
IR CAMERA FILTER FOR DCS5 72MM WITH ANTI-GLARE
COATING 780NM
(DCS5/IRF2)- schott RG780 long pass filter glass (1% cut- on wavelength at 751nm, nominal)
- reflective long pass dielectric filter coating deposited on to Schott glass to suppress auto-fluorescent emissions of filter glass
- maximum anti-glare performance when used with high
power light sources
(note: 70mm diameter glass fitted in 72mm diameter
threaded holder)
- requires step down ring 77mm to 72mm for use with
DCS4/LENS/PCE85 (DCS5/SDR77-72)
- requires step up ring 62mm to 72mm for use with
DCS4/LENS/AF105 or QCL/273 (QCL/212)
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- requires step up ring 52mm to 72mm for use with
DCS5/LENS/UVIR (DCS5/SUR52/72)
NOTE: Adaptors are supplied with the individual lenses
IR CAMERA FILTER FOR DCS5 72MM 850NM
(DCS5/IRF3)- schott RG850 long pass filter glass (1% cut-on wavelength at 815nm, nominal)
- reflective long pass dielectric filter coating deposited on to Schott glass to suppress auto-fluorescent emissions of filter glass
- maximum anti-glare performance when used with high
power light sources
(note: 70mm diameter glass fitted in 72mm diameter
threaded holder)
- requires step down ring 77mm to 72mm for use with
DCS4/LENS/PCE85 (DCS5/SDR77-72)
- requires step up ring 62mm to 72mm for use with
DCS4/LENS/AF105 or QCL/273 (QCL/212)
- requires step up ring 52mm to 72mm for use with
DCS5/LENS/UVIR (DCS5/SUR52/72)
NOTE: Adaptors are supplied with the individual lenses
72MM MAGNETIC FILTER HOLDERS
(DCS5/MAG72H)- Magnetic filter holder for DCS5
- Holds any lens filter with 72mm diameter thread
- Requires Magnetic Lens Adaptor
DCS5 FILTER POUCH
(DCS5/012)- camera filter pouch
- complete with belt loop, shoulder strap and protective divider for up to 6 filters
- max filter diameter external 75mm
ALL LIGHT GUIDES, RINGLIGHTS BACKLIGHT AND CO-
AX BOX
(DCS5/KIT/004)
Comprising:
RINGLIGHT
(DCSL/024)- 4" Diameter
- Use with polariser ring DCSL/025 (supplied separately)
POLARISER FOR RINGLIGHT
(DCSL/025)- For use with 4" ring light DCSL/024
- Spare ball plungers available
SCREWDRIVER 2mm X 0.4mm fec381-0896
(DCSL/061)- 2mm blade
- Use for adjusting polarising ring DCSL/025 on 4" ring light DCSL/024
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LONG GOOSENECK
(DCSL/021)COMBINATION TWIN ARM GOOSENECK
- 450 mm (18") gooseneck with 760 mm (30") bundle
- Use with focussing lenses and polarising caps (supplied separately)
SPOT LENS GOOSENECK
(DCSL/022)
POLARISING CAP
(DCSL/023)- Fits over gooseneck focussing lens
BACKLIGHT 4X5
(DCSL/026)- Also known as Light Paddle
- 100 x 125 mm (4"x5") illuminated area
- Use with Colour Adaptor DCSL/027 (see below as listed as separate item)
COLOUR ADAPTOR >>>>
(DCSL/027)- Must be used to prevent melting of light fibres when using colour filters
- Fits over protective IR filter on end of light bundle
SINGLE FLEXIBLE FIBRE BUNDLE FOR CRIME-LITE FLS
LIGHT SOURC
(QCL/CI/14)- length 960mm
- connects to QCL/CI/15
Application: used for: flexible side illumination
COAX LIGHT BOX FOR CRIME-LITE FLS LIGHT SOURCE
(QCL/CI/15)- must be used with QCL/CI/14
- field of view: 7 x 9cm, focal distance: 8cm
- dims, W: 170mm, L: 235mm, D: 70mm
Application: used for coaxial illumination
DARK FIELD RINGLIGHT
(DCS4/LTDARK)- For radial oblique lighting for 3D indented fingerprint marks, e.g. in dust, putty or hot melt glue - NSN 6240-99-348-2238
1/16" ALLEN KEY
(RS609-685)
CLAMP SETS FOR DCS5 LIGHT GUIDES AND CRIME-
LITE 82S
(DCS5/KIT/005)
Comprising:
FRICTION ARM - MN244N MN244N
(DCSL/041)- Total arm length 53cm
- For use with super clamps DCSL/042 (not supplied)
FLEX ARM HEAVY DUTY 520MM MN237HD
(DCSL/043)- Total arm length 53cm
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- For use with super clamps DCSL/042 (not supplied)
MANFROTTO SUPER CLAMP
(DCSL/042)- For use with variable friction arm DCSL/041 or flexible arm DCSL/043 (not supplied)
ARM
(DCSL/044)- 6mm threads
BASE
(DCSL/045)- Base for attaching up to three support arms at once (not supplied)
- For arms with M6 threads only
- Weight 3.5 lb
V CLAMP
(DCSL/048)- For general use with small variable friction articulated arm (DCSL/044) for holding light attachments or clamping to bench
- Allows simple support and positioning
- M6 threaded holes
COMBINATION SPANNER 7MM
(rs495-3661)- Combination spanner to secure arm to base
PRO ORGANISER CASE DCS4 TOOLBOX
(DCSL/060)- Up to 17 compartments using removable
dividers
- Size 395 x 305 x 60mm
LENS 105MM MICRO NIKKOR LENS AND VISIBLE PASS
FILTER
(DCS5/KIT/008)
Comprising:
SIGMA 105MM F2.8 MACRO EX DG OS HSM (NIKON FIT)
(1524158)VISIBLE PASS FILTER DCS5
(DCS5/VPF2)- visible pass filter for DCS5 62mm 400-700nm - to be used with DCS4/LENS/AF105 or QCL/273
(note: 60mm diameter glass fitted in 62mm diameter
threaded holder)
STEP UP RING 62MM-72MM
(QCL/212)- enables 72mm Crime-lite camera filters to fit 62mm diameter lens
62MM MAGNETICS LENS ADAPTOR
(DCS5/MAG62A)- Magnetic lens adapter for DCS5
- Mounts to any lens with 62mm diameter thread
- Requires Magnetic Filter Holder
62MM MAGNETIC FILTER HOLDERS
(DCS5/MAG62H)- Magnetic filter holder for DCS5
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- Holds any lens filter with 62mm diameter thread
- Requires Magnetic Lens Adaptor
72MM MAGNETIC LENS ADAPTOR
(DCS5/MAG72A)- Magnetic lens adapter for DCS5
- Mounts to any lens with 72mm diameter thread
- Requires Magnetic Filter Holder
MAGNETIC CIRCULAR POLARISING FILTER 62MM
(DCS5/MCPF2)
CRIME-LITE 8X4 MK2 WHITE LIGHT AND VIS
FLUORESCENCE INC
(DCS5/KIT/012)
Comprising:
8X4 RINGLIGHT HEAD VERSION 2
(QCL/231X8)Crime-lite 8x4 fitted with 32 high efficiency surface mount LEDs, configured in a ring light for even illumination of up to 98 colour combinations comprising:
- 4 x white LED 400-700nm, 10 intensity and 10 colour
temperature settings
- 4 x UV LED peak at 365nm, 10% intensity bandwidth of
350-380nm.
- 4 x violet LED peak at 410nm, 10% intensity bandwidth of 395-425nm.
- 4 x blue LED peak at 445nm, 10% intensity bandwidth of 420-470nm.
- 4 x blue/green LED peak at 475nm, 10% intensity
bandwidth of 445-510nm.
- 4 x green LED peak at 520nm, 10% intensity bandwidth of 480-560nm.
- 4 x orange LED peak at 590nm, 10% intensity bandwidth of 570-610nm.
- 4 x red LED peak at 640nm, 10% intensity bandwidth of 600-660nm.
Features include:
- 2 detachable handles to simplify removal of light from copy stand mount
- Optimum working distance 150mm.
- Illumination area at 150mm, 140mm diameter.
- Maximum lens diameter to fit inside ring, 85mm.
- 2 segment digital display.
- 24V DC input
- Classified to EN62471
- Software and USB cable included to enable optional control of Crime-lite 8x4Mk2 from a Windows PC
ADDED APRIL 2017
- camera synchronisation port and lead for Phosphorescence imaging (for use with Phosphorescent fingerprint powders), requires DCS 5 software and Nikon D810/D5 camera
CL MAINS ADAPTOR FOR 80,82,42 AND 8X4
(QCL/80)- input voltage: 90-264V AC
- output voltage: 24V DC
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- maximum power output: 80W
- dimensions: 168 x 78 x 45mm
- weight: 750g
8X4 RINGLIGHT BELLOWS
(QCL/127X8)- large bellows to enable safe examination of objects
- maximum coverage area – 290 x 225mm, maximum
extension - 210mm
8X4 INSPECTION FILTER SET
(QCL/232X8/SET)- Suitable for visual inspection and
photography
- Fluorescence viewing filters - 70mm diameter long pass filter glass fitted into slide mount for Crime-lite 8x4. Anti-glare filters have an additional reflective long pass coating to suppress auto-fluorescent emissions of the filter glass for maximum optical performance when used with high power
light sources
GG420 (1% cut-on 408nm), anti-glare (QCL/230x8)
GG455 (1% cut-on 435nm), anti-glare (QCL/181x8)
GG495 (1% cut-on 476nm), anti-glare (QCL/182x8)
OG515 (1% cut-on 495nm), anti-glare (QCL/183x8)
OG530 (1% cut-on 510nm), anti-glare (QCL/184x8)
OG550 (1% cut-on 529nm), anti-glare (QCL/185x8)
OG570 (1% cut-on 549nm), anti-glare (QCL/186x8)
OG590 (1% cut-on 571nm), anti-glare (QCL/187x8)
RG610 (1% cut-on 593nm), anti-glare (QCL/188x8)
RG630 (1% cut-on 613nm), anti-glare (QCL/189x8)
RG645 (1% cut-on 624nm), anti-glare (QCL/207x8)
- Cross polarising filter - 110mm diameter adjustable
analyser, 70mm fixed analyser (QCL/139x8)
STORAGE CASE FOR SLOT IN FILTERS (QCL/287)
- holds up to 12 x Cime-lite 8x4 filters
- foam inserts
HALOGEN FIBRE OPTIC LIGHT SOURCE BOX AND
COLOUR FILTERS
(DCS5/KIT/006-120V)
Comprising:
PHILIPS EKE 21V 150W BULB
(DCSL/002)21V, 150W
250 hours rated life dependant on operating conditions
NSN 6240-99-667-7669
FILTER CYAN BLUE
(DCSL/003)
FILTER-GREEN
(DCSL/004)
FILTER YELLOW
(DCSL/005)
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FILTER- RED
(DCSL/006)
FILTER DAYLIGHT
(DCSL/007)
FOSTEC LIGHTSOURCE 115V >>>>
(DCSL/001/115)- 150W halogen lamp controlled by solid
state variable dimmer control (zero to full intensity)
- 115V
For safe operation this product must be connected to a
mains socket outlet with a protective earth contact. Do NOT connect this product to an incompatible mains supply.
WURTH 742 711 12 FERRITE
(74271112)
2 PRODUCT TRAINING (NON SP) 1 8,700.00 8,700.00
THIS ITEM IS EXEMPT FROM TAX
4-day site visit by Foster & Freeman Applications Specialist.
Includes unpacking and setup of equipment, followed by
comprehensive operator training and optional testing.
Training will cover both theory and practical applications, using realistic samples and scenarios. Equipment safety and maintenance will also be covered. Training and testing certificates provided. Costs are based on two visits and include associated expenses for the Applications Specialist.
3 SHIPPING AND HANDLING 1 850.00 850.00
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TOTAL PRICE USD 104,668.07
TOTAL TAX USD @ 7.75% 7,437.53
TOTAL VALUE USD 112,105.60
DESPATCH PERIOD:
6-8 working weeks from receipt of order, subject to terms of payment details below. Please note despatch times are estimates and will be confirmed at time of order acknowledgement.
TERMS OF DELIVERY:
This price covers delivery including customs clearance, duties and local delivery, and includes local sales tax.
TERMS OF PAYMENT:
Nett 30 Days from date of invoice Please note that a surcharge of 3% will apply to all credit card payments
BANK DETAILS:
United Bank, McLean, VA. Routing No 056004445, Foster & Freeman USA Inc., Account No. 70061289
WARRANTY:
12 months from date of installation
VALIDITY UNTIL:
December 29, 2023
Your Reference: RFQ - DCS5 PRO
Our Reference: C106357
Quote Reference: Q214865
Date: September 29, 2023
SIGNED: Nathan Carey
Foster & Freeman Ltd. terms and conditions of sale apply. 126
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1430 Meeting Date: 11/7/2023
TITLE:
ACCEPTANCE OF THE 2023-2024 CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL (ABC) GRANT
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JONATHAN SMITH, POLICE OFFICER
CONTACT INFORMATION: JONATHAN SMITH, POLICE OFFICER, 714-852-0500 RECOMMENDATION:
Staff recommends the City Council:
1. Adopt the proposed Resolution No. 2023-XX authorizing the acceptance of grant funds in the amount of $40,000 from the California Department of Alcoholic Beverage Control in connection with its Alcohol Policing Partnership Program.
2. Approve budget appropriation of $40,000 from the Alcoholic Beverage Control Grant.
BACKGROUND:
The State of California Department of Alcoholic Beverage Control (ABC) distributes funding to California law enforcement agencies through the Alcohol Policing Partnership (APP) Program. Grant funds are used to fund educational and enforcement operations that foster and protect the health, safety, welfare, and economic well-being of the members of our community. These operations will be specific to laws pertaining to the unlawful sale and distribution of alcohol, especially as it pertains to minors.
The City has applied for ABC grants in the past and has received funds, which assisted with Police Department objectives. For the 2023-2024 Fiscal Year, the Costa Mesa Police Department (CMPD) applied for, and obtained, a grant in the amount of $40,000. If approved, these funds will fund personnel costs for operations, training, and equipment.
ANALYSIS:
Alcohol is the most widely abused substance in America by persons under the age of 21. Alcohol is abused more than tobacco, marijuana, or any other illicit drugs. Throughout the nation, alcohol abuse is a major factor in chronic disease, infectious disease, hospital emergency room visits, newborn health problems, violent crime, and auto fatalities. In the City of Costa Mesa, there are 476 active retail establishments with on-and-off-site alcohol beverage licenses that sell alcohol on a daily basis.
Given the prevalence of ABC licensed establishments, the Police Department routinely responds to a
127
File #: 23-1430 Meeting Date: 11/7/2023
Given the prevalence of ABC licensed establishments, the Police Department routinely responds to a variety of calls involving alcohol such as driving under the influence (DUI), public intoxication, drinking in public, and possession of open containers. In 2022, CMPD made 736 DUI arrests, 316 public intoxication arrests, and issued 190 drinking in public/possession of open container citations.
The ABC grant will supplement police efforts to control alcohol related issues at the point of sale, especially as it relates to minors. Education and enforcement of underage drinking laws help to save lives and create a safer community.
Police Department staff has applied for, and received, approval for an APP grant from the ABC for FY 2023-2024. The grant will allow the Police Department to implement a balanced approach, which will focus on underage drinking, alcohol use/abuse in general, educating the public, and ensuring compliance at ABC licensed establishments. Specifically, grant funds will be used to staff education and enforcement operations on an overtime basis so as not to burden normal staffing and operations.
The educational programs include:
· IMPACT and LEADS training will be used to educate businesses that sell alcohol about related ABC laws in an effort to help reduce alcohol related crime in and around licensed premises. · Providing all CMPD patrol officers with updated training on ABC related laws and enforcement strategies.
· Using media and social media to educate the public about ABC laws and our enforcement efforts.
The enforcement operations will include minor decoy, shoulder tap, IMPACT, and holiday enforcement operations.
· A minor decoy operation consists of a minor who enters an ABC licensed establishment and attempts to purchase alcohol in order to ensure employees of the business are not furnishing alcohol to minors.
· A shoulder tap operation consists of a minor who solicits a citizen to purchase alcohol near an ABC licensed location.
· A holiday enforcement operation consists of directed enforcement at or near ABC licensed locations on specified holidays.
The CMPD has the following specific project goals for FY 2023-2024:
· Conduct at least two (2) Minor Decoy operations.
· Conduct at least two (2) Shoulder Tap operations.
· Conduct at least three (3) Holiday Enforcement operations. · Conduct at least three (3) IMPACT education operations. · Conduct at least twelve (6) briefing trainings.
This grant also provides funding for overtime compensation and travel for one person to attend a one
128
File #: 23-1430 Meeting Date: 11/7/2023
This grant also provides funding for overtime compensation and travel for one person to attend a one -day training event on October 17, 2023, in Sacramento, California. To receive these grant funds, ABC requires that the City Council adopt a resolution authorizing the City to enter into the grant agreement with the State. The grant agreement provides funds in the amount of $40,000 with a grant period of October 1, 2023 through August 31, 2024. ABC will reimburse the City for approved grant expenditures throughout the grant period
ALTERNATIVES:
The City Council could decide not to accept the grant; however, this is not recommended as the department would not be able to pursue the specific goals outlined for the grant in FY 2023-2024.
FISCAL REVIEW:
This grant provides for 100% reimbursement for costs incurred. There is no matching requirement.
Subject to City Council approval, a budget adjustment will be executed recognizing $40,000 in grant revenue and appropriating $40,000 to the Police Department budget. Funds will be reimbursed on a bi-monthly basis from the Department of Alcoholic Beverage Control.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report, the grant agreement, proposed resolution, and approved them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Adopt the proposed Resolution No. 2023-XX authorizing the acceptance of grant funds in the amount of $40,000 from the California Department of Alcoholic Beverage Control in connection with its Alcohol Policing Partnership Program.
2. Approve budget appropriation of $40,000 from the Alcoholic Beverage Control Grant.
129
Agreement Number: 24-OTS102
City of Costa Mesa through the Costa Mesa Police Department
EX
HIBIT A
SCOPE OF WORK
P
urpose and Description of Services
Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:
o M
inor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant. o S
houlder Tap operations – used to detect and deter adult furnishers outside of a licensed bus
iness and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaf
filiated with the licensed businesses who are purchasing alcohol for minors outside of the s
tores within the operation period of the grant.
o I
nformed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed l
ocations within the operation period of the grant.
o H
oliday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.
H
olidays would be defined as Halloween (Oct 27-31), Thanksgiving (Nov 22-26), New Year’s E
ve (Dec 31), St. Patrick’s Day (March 17), Cinco de Mayo (May 5), Memorial Day w
eekend (May 24-27) and 4th of July (July 4). In order to help reduce youth involved fatal and/or injury crashes, the dates for Holiday Enforcement operations coincide with NHTSA/OTS AVOID Campaign dates, which have been determined as holidays with an influx number of DUI crashes.
The pr
oject is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.
I
n addition, contractor agrees to the following goals:
o Rai
se public awareness that selling, serving and/or furnishing alcoholic beverages to i
ndividuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
o Es
tablish and implement a coordinated effort between contractor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed t
raining conducted by ABC.
Attachment 1
130
Agreement Number: 24-OTS102
City of Costa Mesa through the Costa Mesa Police Department
o I ssue press releases as follows:
1. T o announce the start of the program;
2. At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy)
3. At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).
4. At the conclusion of each IMPACT operation held
o Email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.
o I n all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”
o C omplete and submit bi-monthly reports, in a format designed by the Department of Alcoholic Beverage Control due no later than 15 days after operations conducted:
On or before January 15, 2024 (with results of operations October, November & December 2023)
On or before March 15, 2024 (with results of operations January & February 2024) On or before May 16, 2024 (with results of operations March & April 2024) On or before July 15, 2024 (with results of operations May & June 2024) On or before September 16, 2024 (with results of operations July & August 2024)
o S ubmit an Executive Summary as part of the final report due on or before September 16, 2024. The summary shall contain the following:
1. A n evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project
2. Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution
3. Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
4. Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.
5. Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
6. Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.
131
Agreement Number: 24-OTS102
City of Costa Mesa through the Costa Mesa Police Department
Contract Term
The operation period of the grant is October 1, 2023 through August 31, 2024.
Project Representatives
The project representatives during the term of this agreement will be:
Costa Mesa Police Department
Jonathan D. Smith
PO Box 1200
Costa Mesa, CA 92628
(714) 917-5113
[email protected]
Department of Alcoholic Beverage Control
Diana Fouts-Guter, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 928-9807
[email protected]
Direct all fiscal inquiries to:
Costa Mesa Police Department
Carol Molina
PO Box 1200
Costa Mesa, CA 92628
(714) 754-5036
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Fiscal Grant Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
132
Agreement Number: 24-OTS102
City of Costa Mesa through the Costa Mesa Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Invoicing and Payment
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay bi-monthly for approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost).
• Invoices shall clearly reference this contract number (24-OTS102) and must not exceed the contract total authorized amount of $40,000.00. Invoices are to be submitted on a bi-monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control.
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, California 95834
• This grant is only for overtime compensation and travel for training on October 17, 2023 only.
• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 17, 2023. https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx
• Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2023 and on or before the project termination date, August 31, 2024.
• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.
Budget Contingency Clause
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.
Prompt Payment Clause
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties.
3. ASSIGNMENT: This agreement is not assignable by the contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by contractor in the performance of this agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this agreement and be relieved of any payments should the contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. 134
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With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this agreement.
13. COMPENSATION: The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
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2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
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a. If for this contract contractor made a commitment to achieve small business participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
b. If for this contract contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language
If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. 138
SCO ID: 2100-240 I~ 1 02
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ,--- -------- ----,-------- ------, STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020) 24-OTS102
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Contro l
CONTRACTOR NAME
City of Costa Mesa through the Costa Mesa Police Department
2. The term of this Agreement is:
START DATE
October 1, 2023
THROUGH END DATE
August 31, 2024
3. The maximum amount of this Agreement is:
$40,000.00 Forty thousand dollars and no cents
ABC-2100
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhib it A Scope of Work
Exhibit B Budget Detai l and Payment Provisions
Exhibit C * Genera l Terms and Conditions (GTC 04/2017) +
- Exhibit D Special Terms and Conditions
-
Items shown with an astensk ("), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https.llwww.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Costa Mesa through the Costa Mesa Police Department
CONTRACTOR BUSINESS ADDRESS
PO Box 1200
PRINTED NAME OF PERSON SIGNING
Lori Ann Farrell Harrison
CONTRACTOR AUTHORIZED SIGNATURE
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control
CONTRACTING AGENCY ADDRESS
3927 Lennane Drive, Suite 100
STATE OF CALIFORNIA
Cl1Y
Costa Mesa
TITLE
City Manager
DATE SIGNED
CITY
Sacramento
TITLE
Pages
3 1
4 1
STATE ZIP
CA 92628
I
STATE IZIP
CA 95834
PRINTED NAME OF PERSON SIGNING
Pattye Baker Chief, Business Management Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Paqe 1 of 1
ATTACHMENT 2
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Attachment 3
Resolution No. 23-xx Page 1 of 2
RESOLUTION NO. 23-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE APPLICATION FOR, AND ACCEPTANCE OF, A
GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL FOR THE ALCOHOL POLICING PARTNERSHIP PROGRAM
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the California Department of Alcoholic Beverage Control (ABC) has established the Alcohol Policing Partnership Program (“Program”); and WHEREAS, the goal of the Program is for ABC to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating crime and public nuisance problems associated with problem alcoholic beverage ou tlets and then institutionalize those approaches within the local law enforcement agency; and WHEREAS, the City supports the Program goals and wishes to participate in the Program for Fiscal Year 2023-2024; and
WHEREAS, ABC has awarded the City a Program grant in the amount of $40,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:
Section 1. The City Council hereby approves the application for, and acceptance of, an Alcohol Policing Partnership Program grant f rom the California Department of Alcoholic Beverage Control.
Section 2 . The Chief of Police or his or her designee is hereby authorized to execute the grant agreement, and any amendments thereof, and to take all steps necessary to implement this authorization and the Alcohol Policing Partnership Program requirements and objectives.
PASSED AND ADOPTED this 7th day of November, 2023.
_____________________________
John Stephens, Mayor
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Attachment 3
Resolution No. 23-xx Page 2 of 2
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 23-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of November, 2023, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7th day of November, 2023.
________________________
Brenda Green, City Clerk
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1431 Meeting Date: 11/7/2023
TITLE:
SUB RECIPIENT AGREEMENT FOR THE 2022 URBAN AREA SECURITY INITIATIVE GRANT DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: DANIEL HOLL, TRAINING SERGEANT
CONTACT INFORMATION: DANIEL HOLL, TRAINING SERGEANT, 714-754-5030 RECOMMENDATION:
Staff recommends the City Council:
Authorize the City Manager, or designee, to execute the attached Sub-Recipient Agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative (UASI) Grant Program.
BACKGROUND:
In 2005, the cities of Anaheim and Santa Ana were selected as administrators of the Urban Area Security Initiative (UASI) Grant for the Anaheim/Santa Ana Urban Area jurisdiction. Each year, Anaheim and Santa Ana trade off as the lead agency responsible for the program cycle. Anaheim through the Anaheim Police Department, is the lead agency for the FY 2022 UASI Grant. The City of Costa Mesa is within the Anaheim/Santa Ana Urban Area jurisdiction. As part of this Urban Area, the City of Costa Mesa is eligible to receive equipment or services purchased with grant funds or to receive reimbursement for purchases of authorized equipment, services, joint training exercises, and expenses related to overtime for training evolutions, upon prior written approval from Anaheim.
The UASI Grant is a reimbursement grant, meaning cities must expend their own funds for eligible expenditures and then apply for reimbursement. In an effort to ensure each city does not expend funds for equipment, services, or training costs that are not allowable under the UASI Grant, each city is required to obtain prior written approval from the Emergency Management Bureau of the Anaheim Police Department for expenditures it plans to submit for reimbursement.
The FY 2022 UASI grant performance period for the Anaheim/Santa Ana Urban Area is from September 1, 2022 to May 31, 2025. The Sub-Recipient Performance Period is August 9, 2023 to March 31, 2025. The City of Costa Mesa is considered a sub-recipient and must establish eligibility to receive grant funds by submitting an eligibility package that includes a signed FY 2022 UASI Sub- Recipient Agreement.
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ANALYSIS:
If the City Council authorizes the City Manager to enter into the Sub-Recipient Agreement, the City would be eligible to receive reimbursement in the event the City incurs eligible expenses during the grant period (August 9, 2023 to March 31, 2025).
The Police Department staff, with assistance from the Finance Department, will continue to track City expenditures associated within the grant parameters. If approved, the Police Department would process reimbursement requests with UASI grant staff on behalf of the City.
ALTERNATIVES:
The City Council could reject City participation in the UASI Grant Program. This approach would cause those expenses to be paid from the City’s budget with no potential for reimbursement from the UASI Grant funds.
FISCAL REVIEW:
No fiscal impact.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report and the agreement between the City of Anaheim and the City of Costa Mesa and has approved them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends City Council:
Authorize the City Manager, or designee, to execute the attached Sub-Recipient Agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative (UASI) Grant Program.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1439 Meeting Date: 11/7/2023
TITLE:
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE COSTA MESA
SKATE PARK EXPANSION
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to David Volz Design Landscape Architects, Inc., 151 Kalmus Drive, Suite M8, Costa Mesa, California in the amount of $287,476 for the design of the Costa Mesa Skate Park located at 900 Arlington Drive, Costa Mesa, and authorize the City Manager and the City Clerk to execute the PSA.
2. Authorize a ten percent (10%) contingency in the amount of $28,748 in order to cover additional work or unforeseen circumstances.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement within Council authorized limits.
BACKGROUND:
The City of Costa Mesa currently has one of the most popular skate parks in Orange County. The success of the existing skate park is demonstrated by the significant number of users who frequent the park. It provides a total skateboarding area of approximately 15,000 square feet and features a combination of street elements, bowls, and transition areas.
The existing skate park is frequented by the local skating community and is enjoyed by skaters of all ages. A great need exists for a dedicated area for beginning skaters and an expanded area for new elements. The ultimate goal is to expand the current skate park facility by approximately 15,000 square feet to ensure that it remains a modern, top-notch, and state-of-the-art skate park facility that can serve as a signature destination in the region and cater to users of all ages and skill levels.
In order to procure the services of a highly qualified firm with a specialty in skate park design and construction, the City issued a Request for Proposals (RFP) to assist the City with the design and construction support phases of this project.
The scope of professional services includes extensive community outreach, presentations to
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The scope of professional services includes extensive community outreach, presentations to Commissions and the City Council; preparation of conceptual and schematic designs, plans, specifications and cost estimates; bid assistance services; construction support; and other professional services necessary to complete the project.
ANALYSIS:
Staff advertised the project for architectural and engineering design services on July 12, 2023, and received four (4) proposals on August 14, 2023.
After careful review of the proposals, staff found David Volz Design (DVD) is well qualified to perform the identified services at a competitive price of $287,476. The submitted proposal represented a thorough understanding of the project, complied with City specifications, offered innovative approaches to providing the services which includes partnering with Spohn Ranch Skateparks, a highly reputable skatepark design and build firm, and documents technical ability and experience with similar projects. Staff has determined the proposed cost for consultant services to be reasonable for meeting the City’srequirements as listed in the scope of services. The cost for services is competitive and within industry standards for these specialized architectural and engineering services.
DVD has prepared plans and specifications for several projects in the City including the award- winning Lions Park Playground Project, Harbor Boulevard Beautification Project and the Harbor Boulevard Bike Trail. In addition, DVD also completed the design of improvements for Smallwood Park, and the master plan for Brentwood Park. Spohn Ranch Skateparks designed and built several skateparks locally and is recognized in the skating community for its projects.
Therefore, staff recommends that the City Council award a Professional Services Agreement (PSA) to DVD (Attachment 1).
ALTERNATIVES:
The alternative would be to reject all proposals, re-advertise, and re-evaluate new proposals. Staff has determined that this will not result in a better outcome and will delay the project.
FISCAL REVIEW:
There is adequate funding available for this contract. The City received Federal American Rescue Plan Act (ARPA) funds in the amount of $2,000,000 through Supervisor Katrina Foley and the County of Orange for the design and construction for this project. The City Council included this funding as part of the Fiscal Year 2023-24 budget.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report and the proposed PSA and approves them both as to form.
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CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to David Volz Design Landscape Architects, Inc., 151 Kalmus Drive, Suite M8, Costa Mesa, California in the amount of $287,476 for the design of the Costa Mesa Skate Park located at 900 Arlington Drive, Costa Mesa, and authorize the City Manager and the City Clerk to execute the PSA.
2. Authorize a ten percent (10%) contingency in the amount of $28,748 in order to cover additional work or unforeseen circumstances.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement within Council authorized limits.
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1 David Volz Design Landscape Architects, Inc.
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 7 th day of November, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a general stock corporation (“Consultant” or “Contractor”).
RECITALS
A. On March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (hereinafter “ARPA”); and
B. On May 10, 2021, the United States Department of the Treasury (hereinafter “US TREASURY”) published guidance regarding the allowable usage of the Coronavirus State and Local Fiscal Recovery Funds (hereinafter “SLFRF”) to be disseminated to local governments in accordance with the ARPA; and
C. The grand total allocation of SLFRF funds to the CITY, as published by the US TREASURY, is $26,481,513.00; and
D. City proposes to utilize a portion of the City Allocation of SLFRF funds for the services of Consultant as an independent contractor to provide professional architectural and engineering services for the design service for the skate park expansion, as more fully described herein; and E. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
F. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
G. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” Consultant’s Proposal, attached hereto as Exhibit “B,” and in compliance with the American Rescue Act Plan Rider attached hereto as Exhibit “D” each incorporated herein. Consultant shall complete the Services according to any schedule of performance set forth in Exhibit “A.” To the extent that Exhibit “B” contains provisions inconsistent with this Agreement and/or Exhibit “A,” the provisions of this Agreement and Exhibit “A” shall govern.
ATTACHMENT 1
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2 David Volz Design Landscape Architects, Inc.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with Exhibit “A” (City’s Request for Proposal), Exhibit “B” (Consultant’s Proposal), Exhibit “D” (American Rescure Plan Rider), all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
1.9 Release of Information. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
1.10 Notification of Summons/Complaints. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein by this reference as though set forth in full, and made a part of this Agreement. Consultant’s total compensation shall not exceed Two- Hundred and Eighty-Seven Thousand, Four-Hundred and Seventy-Six Dollars ($ 287,476.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the ATTACHMENT 1
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authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Complete and accurate Rrecords of Consultant’s services, tasks, costs, expenses, receipts and other such information relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection, copying and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. Consultnat shall maintain adequate records of Services provided in sufficient detail to permit any evaluation of Services.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of twelve (12) months, ending on November 7, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) additional one (1) year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
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termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better and Financial Size Category Class VI (or larger) in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, (insurance with coverage at least as broad as Insurance Service Office form CG 00 01), including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Business automobile liability insurance at least as broad as Insurance Services Office form CA 00 01, for owned vehicles, hired, and non-owned vehicles, covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
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(c) Workers’ compensation insurance as required by the State of California (Statutory Limits) and Employer’s Liability Insurance with limits of at least $1,000,000 per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant is exempt from the Workers’ compensation insurance requirement if it is a sole proprietorship, partnership, or corporation without employees.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City (except for nonpayment for which a ten (10) day notice is required).”
(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called to protect it as a named insured.
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
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(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, along with a waiver of subrogation endorsement for workers’ compensation, in a form and content approved by City, prior to performing any services under this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at all times.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.6 The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, the City may immediately terminate this Agreement.
5.7 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allows Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require a similar written express waivers and insurance clauses from each of its subconsultants.
5.8 Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
5.9 Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
5.10 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.
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5.11 Separation of insureds. A severability of interests provision must apply for all additional insured ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
5.12 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.
5.13 The City’s right to revise specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.
5.14 Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
5.15 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall ATTACHMENT 1
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attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
David Volz Design Landscape
Architects, Inc.
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 641- 1300 Tel: (714) 754- 5335
Attn: David Volz Attn: Seung Yang
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “E” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the ATTACHMENT 1
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proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
6.9. Indemnification and Hold Harmless. To the fullest extent permitted by law, Consultant shall defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder includes the duty to defend consisting of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault and shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
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6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq .).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
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subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. In addition, no member, officer, or employee of the City, or their designee or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
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13 David Volz Design Landscape Architects, Inc.
6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement, in order to be valid.
6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
6.29 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
6.30 Legal Responsibilities. Consultant shall keep itself informed of State and Federal laws and regulations, including but not limited to those specified in Exhibit “D”, which in any manner affect those employed by it or in any way affect the performance of Services to this Agreement. Consultant shall at all times observe and comply with such laws and regulations.
The City and its officials, officers, employees, and agents shall not be liable at law or in equity by failure of Consultant to comply with this Section.
6.31 Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and remedies at law or in equity.
6.32 Default of Consultant. If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice ATTACHMENT 1
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14 David Volz Design Landscape Architects, Inc.
to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven (7) days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to to any other remedy to which it may be entitled at law, in equity or under this Agreement. Consultant shall be responsible for costs incurred by the City due to Consultant’s failre to comply with this section. The City shall have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant's default.
[Signatures appear on following page.]
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15 David Volz Design Landscape Architects, Inc.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________ David Volz
Signature
CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
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16 David Volz Design Landscape Architects, Inc.
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Seung Yang
City Engineer
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Irina Gurovich
Associate Engineer for the Department of Public Works
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
ATTACHMENT 1
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EXHIBIT A
CITY OF COSTA MESA’S REQUEST FOR PROPOSAL
ATTACHMENT 1
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CITY OF COSTA MESA
P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628 -1200
FROM THE DEPARTMENT OF PUBLIC WORKS/ENGINEERING DIVISION July 11, 2023
SUBJE
CT: REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE
PLANNING AND DESIGN OF THE EXPANSION OF THE COSTA MESA SKATE PARK, 900 ARLINGTON AVE, COSTA MESA, CA
Dear
Consultant:
The Ci
ty of Costa Mesa is interested in receiving proposals for the furnishing of professional services to plan and design the expansion of the current Costas Mesa Skate Park.
The ant
icipated schedule of events to complete the professional services for the project is as follows:
SCHED
ULE OF EVENTS DATE
1) RFP Issued 07/11/23
2) Non- Mandatory Job-Walk Meeting 07/19/23
2) Deadline for Written Questions 08/01/23
2) Proposal Received by City 08/09/23
4) Contract Approval TBD
All dates are subject to change at the discretion of the City.
Encl
osed is the Request for Proposal (RFP) to provide professional services for the subject project.
The proposal requirements and the necessary professional services required by the City are stated within the RFP. The consultant shall provide all services as requested in the RFP and stated in the submitted proposal.
A non-m
andatory job walk is scheduled for July 19, 2023 at 10:00 am at the Costa Mesa Skate Park, located at TeWinkle Park, 900 Arlington Drive (parking lot). All prospective bidders are strongly encouraged to attend this meeting.
CITY
OF COSTA MESA CONTACT PERSON
The City of Costa Mesa contact person for this project is Irina Gurovich, Associate Engineer. All correspondence shall be submitted in writing via Planet Bids. Inquiries submitted other than via PlanetBids will not receive a response.
PRO
POSAL SUBMITTAL REQUIREMENTS
Proposals shall be submitted electronically via PlanetBids:
https://pbsystem.planetbids.com/portal/45476/bo/bo-search No other form of submittal shall be accepted by the City.
FEE
PROPOSAL
Fee Proposals shall be submitted in a separate file electronically via PlanetBids:
https://pbsystem.planetbids.com/portal/45476/bo/bo-search Iri
na Gurovich
Associate Engineer
B0J �u?/L
ATTACHMENT 1
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REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND
DESIGN OF THE EXPANSION OF THE COSTA MESA SKATE PARK
900 ARLINGTON DRIVE, COSTA MESA, CA
I. INTRODUCTION
The City of Costa Mesa currently has one of the most popular skate parks in Orange County. It provides a total skateboarding area of approximately 15,000 SF and features a combination of street elements, bowls and transition areas. The existing Skate Park is one of the most frequently used facilities owned by the City. In June of 2023, the Costa Mesa City Council approved funding for the design and expansion of the current skate park as a part of the adoption of the 2023-2024 Capital Improvement Program budget.
The existing Skate Park is well liked by the skating community and the local neighborhood. The success of th e facility can be attributed to a planning process that included active participation from the skating communi ty, local residents, and various City departments throughout both the planning and design phases of the project. The City intends to follow the same approach for the planning and design of the skate park expansion project.
At this time, the City desires to retain the services of a highly -qualified firm with a specialty in skate park design and construction to assist the City with the design and construction support phases of this project. The selected Consultant team must possess a strong background in urban park planning and design with an emphasis in skate park design. It is anticipated that th e Consultant will be responsible for hosting community meetings, preparing conceptual and schematic designs, preparing budget level estimates, and conducting public presentations.
A. General Goals:
The City of Costa Mesa desires to retain the services of a consultant to plan and design the expansion of the current Costa Mesa Skate Park.
The goals for the project are as follows:
1. Evaluate the City’s current S kate Park in order to determine exciting and innovative skate features for the expansion which will not duplicate existing features.
2. Conduct public workshops, progress meetings with stakeholders, and presentations to the Parks and Community Services Commission and City Council.
3. Develop the project in partnership with representatives of the skating community, local residents, and various City departments.
4. Develop all schematic designs for the skate park expansion, including:
• All skating and transition surfaces
• Viewing areas
• Access points
• Fencing, consistent with the existing fencing at the park • Drainage
• Security system
• Protection of as many mature trees as possible
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• A state-of-the-art sports lighting system that is consistent with the current Musco "Green Light'' system
The selected Consultant will be responsible for the completion of the final design of the skate park , including the processing of permits from utility companies and the City’s Building Division. The ultimate goal i s to expand the current Skate Park facility by approximately 15,000 square-feet to ensure it is a modern , top-ranked, and state-of-the- art skate park facility that can serve as a signature destination in the region and cater to users of all ages and skill levels.
B. Minimum Consultant Qualifications:
The Consultant shall identify key project staff including sub-consultants that must have at least five (5) years of prior experience on similar types of projects. All Consultants responding to this Request for Proposals ( RFP) will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, ability to meet the project schedule, adequate staffing, understanding of the project, and responsiveness to the needs and concerns of the City of Costa Mesa and its residents.
II. CONTENT OF PROPOSAL
In order to maintain uniformity with all proposals furnished by consultants, the proposals shall be limited to a maximum of 20 pages (excluding front and back covers, section dividers, and resumes) and to include the following:
A. A statement of project understanding containing any suggestions to improve or expedite the project or special concerns of which the City should be made aware. The project approach shall contain clarifications or additional scope of work necessary for the successful completion of the project.
B. A project team organization chart, identifying those who will perform the work, and a brief resume of each team member (including a list of similar type projects in which they have been directly involved) is required. Identify the Project Manager (PM) proposed for this project. The PM will be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. Sub-consultants, if any, shall be identified with the same requirements as the main consultant.
C. A list of similar projects that your firm has completed within the last five years. Information should include: project description, agency or client name, along with the person to contact and the telephone number(s), year completed, and project cost.
D. A proposed schedule indicating stages of work, timeframes, and ability to perform the required services in a timely manner with a construction start date of July 2024.
E. Fee proposal in a separately sealed envelope containing the following:
1. Cover letter stating the total lump sum fee.
2. A spreadsheet with a detailed fee schedule of the proposed costs. Each fee schedule shall list individual project tasks and number of hours assigned for specific personnel, along with their basic hourly rates. The specific hourly rates ATTACHMENT 1
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shall include direct salary costs, employee benefits, overhead, and profit. Travel time will no t be allowed. The fee proposal shall reflect all anticipated fee increases during the contract duration.
A pre-proposal meeting and walk-through will be held on July 25, 2023, 10:00 a.m. at the Costa Mesa Skate Park, located at TeWinkle Park, 900 Arlington Drive (parking lot). All prospective bidders are strongly encouraged to attend this meeting.
The Final day for receipt of questions from the Proposer shall be on or before August 7, 2023, before 2:00 pm. To ensure fairness and avoid misunderstandings, all communications must be in written format and addressed only to the individual set forth above. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP.
Please submit three copies of the project proposal and three (3) copies of the fee proposal to Irina Gurovich, 77 Fair Drive, Costa Mesa, CA 92626, by 4:00 p.m. on August 14, 2023.
For any questions, please contact Irina Gurovich by email at [email protected]
III. CONSULTANT SELECTION COMMITTEE
The City of Costa Mesa Public Works Department has established a Consultant Selection Committee consisting of three members who have acted in the capacity of Project Manager. The Consultant Selection Committee will evaluate the consultant on their ability to do the following:
A. Produce a well-engineered set of plans, specifications and estimates (PS&E) that will result in a minimum number of construction contract change orders.
B. Produce an innovative and detailed set of construction documents, which reflect field conditions, including drainage and utility locations.
C. Perform constructability and value engineering during the design process to anticipate, as much as possible, potential construction problems.
D. Provide the City with adequate estimates, quantity takeoffs, detailed drawings, etc., to allow for effective construction management and quality control of the project.
IV. ESTABLISHMENT OF FEES
The fee proposal will not be opened until the Proposal Selection Committee has evaluated all of the Consultants’ proposals. In conformance with the Mini -Brooks Act, the City will select the Consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the “lump sum” fee submitted in the fee proposal.
Fee submitted shall include presentations at three community outreach meetings, one presentation to the Parks and Community Services Commission, one presentation to the Planning Commission, and one presentation to the City Council. These presentations may be outside of normal business hours and/or on weekends.
Consultant shall include an allowance line item in the fee proposal in the amount of $20 ,000 for reimbursable expenses such as exhibits requested for community presentations and any utility ATTACHMENT 1
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agency fees.
In addition, the consultant is requested to include an amount of $10,000 in the fee schedule for the Design of The Skate Park Expansion as a contingency to be used only as directed in writing by the City’s Project Manager.
V. PROFESSIONAL SERVICES AGREEMENT
A. A sample of the required Professional Services Agreement is enclosed for your information (Exhibit C). The RFP and the consultant’s proposal will be attached to and become part of the executed agreement as exhibits.
B. No reduction of professional services, as stated in both the City’s RFP and the consultant’s submitted proposal, will be allowed.
VI. INSURANCE REQUIREMENTS
A Certificate of Insurance is enclosed for your reference. Please refer to the sample agreement for the necessary amounts of general liability insurance, automotive, worker’s compensation, and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement.
VII. SCOPE OF CONSULTANT SERVICES
The scope of the work includes developing preli minary 3D concepts, conducting public workshops, coordinating with the skating community, making presentations to Commissions and the City Council, and completing the final design for the selected concept. The work also includes identifying and designing supporting/ancillary facilities such as viewing areas, covered picnic shelters and bleachers, parking lot, etc.
A. Project Analysis and Review:
The Consultant will evaluate existing conditions, research existing City plans and records, perform field review and investigations, prepare preliminary environmental determinations and feasibility studies (including traffic, parking, noise impact, lighting and space planning), meet with City staff to define the detailed project scope and objectives (minimum four meetings), and ultimately implement the General Goals identified for this project. The Consultant will meet periodically with City staff and other advisory groups for appropriate guidance and coordination and determine the appropriate courses of action for obtaining feedback from the community. In addition, the Consultant will be required to conduct programming workshops at the skate park (minimum three outreach meetings), and in addition, make public presentations before the Parks and Community Services Commission and the City Council. The Consultant shall take notes during the public presentations and workshop meetings and prepare meeting minutes that shall be submitted to City staff for approval within one week after the meeting.
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B. Utility Investigation/Coordination:
The Consultant shall notify all the utility companies; obtain plans of all existing utility facilities; and identify and precisely locate all utilities (both underground and overhead) within the project limits, including mains, service lines, meter boxes, valve cans, irrigation lines, drain lines, channels, traffic signal conduit, etc.
The Consultant must coordinate all work with the respective utility companies to determine locations and depths of facilities for design purposes; request utility companies to pothole their facilities as required to obtain precise elevations of existing utilities; determine elevations of exposed existing utility facilities; determine where interferences with existing facilities will occur as a result of the construction of this project and resolve any conflicts with utility companies.
The Consultant shall obtain approval in writing from utility companies for any necessary utility work and clearance. The C onsultant shall comply with the City of Costa Mesa’s “Utility Coordination Procedures.”
The Consultant shall submit all utility correspondences to the City.
C. Survey:
The Consultant shall plot the project schematic design conducting aerials and topographic surveys to provide the necessary information to complete the schematic design for the project.
The Consultant shall plot the project design survey referenc ing all elevations to the closest and latest Orange County Benchmark (OCBM) which shall be identified and described on the drawings; provide centerline bearings with the basis of bearing referenced to a bearing on a latest recorded tract or parcel map nearest to the proposed site; and provide stations that shall be based upon and begun at nearest existing street centerline stations.
The Consultant shall provide the following minimum survey information:
1. Obtain permission from all the landowners where topographic surveying is needed.
2. Perform a topographic survey and prepare a base map. The base map shall identify existing structures, utilities, roadways, trails, trees, etc., and other existing improvements within the project limits.
3. Provide typical cross-sections with existing elevations.
4. Show property lines and address numbers (50% screened), including City and County boundaries.
5. Show contour lines within the limits of the work and to 100 -feet (minimum) beyond the grading limits to establish existing drainage patterns.
6. Attention to detail is essential. All existing improvements and features must be ATTACHMENT 1
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described and detailed on the plans.
Deliverables:
1. Progress prints and final survey plan, stamped by a licensed surveyor.
2. CD containing all pertinent electronic files (ACAD files including cross references and fonts, survey data, etc.)
D. Plans (Schematic Design Phase):
1. Prepare initial 3D concept plans based on staff meetings and surveys for use in public workshops and meetings with stakeholders. Direction will be given at these meetings to finalize one recommended concept plan and one alternate concept plan prior to the scheduled public presentations (Parks and Community Service Commission, Planning Commission, and City Council).
2. Final concept plans must show the following levels of detail:
• Site plan showing the entire park and the proposed skate park and structures.
• Layout of the proposed skate park, restroom buildings, and picnic. • S helters and parking lot over the proposed construction area. • Details (sections, plan and profile, materials, etc.) of Individual elements (skate park, restroom buildings, picnic shelters, parking lot, etc.). • 3- D (or Isometric) color renderings of proposed skate park and elements (solid object graphics preferred).
• Locations of the sports lighting systems in the park.
3. Prepare preliminary construction cost estimates for the options being presented.
4. Complete the necessary environmental document for the final concept plan.
E. Geotechnical Investigation:
The selected Consultant will be required to conduct all the necessary geotechnical investigations to completely design the project.
F. Electrical Engineering Services:
The design of the new safety lighting systems will require the services of a licensed electrical engineer who must coordinate the work and obtain permits from Southern California Edison and the City’s Building Division.
G. Plans:
i. The Consultant shall prepare construction drawings containing title sheet, general note sheet, plan sheets, typical cross section sheets, and detail sheets for the project.
The title sheet shall contain a vicinity map and location map for the project. ii. The Consultant shall plot typical cross sections illustrating existing and proposed conditions. The typical cross sections shall include existing and proposed elevations, stations, percent cross slopes, labeling, other information as outlined in the above ATTACHMENT 1
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Design Survey Section, and other required information.
iii. The Consultant shall plot existing improvements in broken or screened lines and place existing elevations in parenthesis.
iv. The Consultant shall incorporate the following minimum information on plan views:
ROW, property lines, existing AC and PCC improvements, and all existing structures (power poles, storm channels, fences, trees, plants, grass, walkways, pull boxes, and sprinkler systems).
H. Specifications:
Prepare complete project specifications including Special Provisions (including permits from other agencies) and Proposal forms in a format consistent with current City projects.
Copies of Standard General Provisions and Construction Contract Agreement will be supplied by the City for incorporation into construction documents. A description for each bid item will be required.
I. Quantity and Cost Estimates:
Provide complete preliminary and final construction quantity and cost estimates for each one of the proposed phases. A preliminary estimate shall be provided at 70% and 100% complete submittals and a final estimate upon final submittal. With the final submittal, color-code one set of blue lines showing one color for each item of construction with dimensions, areas, quantities, and other items for each sheet, showing total quantities for each item on the first sheet. These quantities shall match the proposed final quantities.
In addition, quantity takeoff sheets shall be provided by the consultant to aid the City during construction.
J. Construction Documents:
Plans and specifications shall comply with standard drawings and specifications of the City of Costa Mesa and other agencies as applicable.
All construction drawings shall be provided to the City in both hard copy and electronic format.
Prepare one Resident Engineer’s file. The file must contain a minimum of the following:
preliminary and final construction quantities and cost estimates and updates, quantity takeoff sheets, calculation documents, fieldwork information, meeting minutes, utility coordination correspondence, geotechnical documents, survey and ROW information, and all other related correspondence. The Consultant shall submit this file to the City in conjunction with the final submittal.
K. Project Document Submittal and Plan Information:
i. Project Initialization and General Requirements:
a. Develop Project Schedule and Staffing Requirements. b. Locate electrical and irrigation POC’s and initiate contact with the respective owners.
c. Submit Monthly Progress Reports to the City.
d. Participate in Periodic Meetings with City staff.
e. Provide presentation to Parks and Recreation Commission outside of normal ATTACHMENT 1
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business hours.
f. Host neighborhood community meeting outside of normal business hours. g. Provide three-dimensional computer renderings of proposed improvements at 30%, 60%, 90% and 100% completion.
h. All required City-issued permits will be provided for free of charge for the design and construction of the project.
i. Any other permits required for the project shall be obtained by the CONSULTANT. The City will pay any fees to the respective agencies. j. Areas disturbed during the design and construction phases of this project must be restored to pre-existing conditions according to the City’s requirements. k. Fieldwork will be conducted Monday through Friday from 7:00 a.m. to 5:00 p.m. or as authorized by the City. The City shall be made aware of work conducted outside of normal hours prior to commencement of said work. No work will be conducted outside of normal hours without City approval.
l. Ensure that the project is designed and engineered to provide and maintain positive drainage flow.
m. Ensure that standing/stagnant water is avoided due to vector concerns.
ii. Preliminary Engineering – 70% Complete PS&E’s:
a. Conduct all topographic and property surveys and combine with available topographic surveys to create of base maps for the project. b. Conduct all geotechnical investigations necessary for the construction of the project.
c. The selected CONSULTANT shall review field conditions with respect to storm drain maps and irrigation plans provided by the City and report any configuration errors or inconsistencies to the City for clarification or correction. d. Prepare Base Maps, Rough Grading Plan and preliminary design of the restroom renovation, proposed landscape, hardscape, irrigation and electrical improvements, including color renderings of the proposed skatepark features and surfacing.
e. This submittal must include all the proposed improvements, construction notes and as many details as possible.
iii. Preliminary Engineering – 100% Complete PS&E’s:
a. CONSULTANT shall address any comments from the City or other agencies generated from the 70% submittal.
b. Based on the input received from the previous submittal, complete the design and prepare final PS&E’s.
c. Submit construction documents to the City of Costa Mesa Building Division and to other agencies and utility companies for review and to obtain preliminary approvals.
d. Submit draft Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) in compliance with local, state and federal requirements.
iv. Preliminary Engineering – Final PS&E’s:
a. CONSULTANT shall address any comments from the City or other agencies generated from the previous plan check.
b. Submit final set of PS&E’s (printed and electronic formats) complete with the ATTACHMENT 1
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necessary instructions and details to carry out the work in accordance with the approved construction phasing. The final set of plans shall be printed and submitted electronically with each sheet stamped and signed. c. Submit final construction permits and approvals from City Departments, other agencies, and utility companies.
d. Submit final SWPPP and WQMP.
v. Deliverables:
The CONSULTANT shall provide the City with the following:
a. For progress plan check submittals, in addition to the printed copies submitted for this phase, all plans and reports must also be submitted in electronic format (e.g.
AutoCAD, Microsoft Word, Microsoft Excel).
b. For the final construction and environmental documents, and supporting calculations, in addition to the printed copies submitted for this phase, all plans and reports must be submitted in electronic format (e.g. AutoCAD, Microsoft Word, Microsoft Excel).
c. Approved permits.
L. Construction Support Services:
1. Respond to all Contractor Requests for Information.
2. Review all Contractor Submittals.
3. Attend weekly construction progress meetings.
4. Review and advise on any construction change order requests.
VIII. CITY RESPONSIBILITIES
The City of Costa Mesa will be responsible for the following:
a. P roviding all available system maps, existing hardcopy plans, reports and records on file with the City.
b. A primary contact/project manager and staff liaison for the project. c. Publicity for all scheduled public meetings, including printing and signage, social media channels, website updates, and other communication channels as necessary. d. Access to all necessary facilities, including the Skatepark and meeting rooms as necessary.
IX. ASSESSMENT OF WORK EFFORT PRIOR TO SUBMITTING REQUEST FOR
PROPOSAL
Each Consultant must inform themselves fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful Consultant engineer of the obligations to carry out the provisions of the contract.
Attachments: Proposed Project Limit (Attachment A)
Sample PSA (Attachment B)
Insurance Requirement (Attachment C)
Utility Coordination Procedure (Attachment D)
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CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION
DATE: August 9, 2023
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 1 – REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND DESIGN OF THE EXPANSION OF THE COSTA MESA SKATE PARK , 900 ARLINGTON
DRIVE, COSTA MESA, CA
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e- mail a copy of this sheet to [email protected]. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
NON-MANDATORY J OB WALK 10 :00 A.M., July 25, 2023 COMPLETED
NON -MANDATORY J OB WALK LOCATION 900 ARLINGTON DRIVE, COSTA MESA COMPLETED
DEADLINE TO SUBMIT QUESTIONS
2:00 P.M., August 7, 2023 COMPLETED
PROPOSAL DUE DATE
4 :00 P.M., August 14, 2023 NO CHANGE
CLARIFICATIONS TO PROPOSAL:
The following questions were received at the pre-proposal meeting and through email with subsequent answers and clarifications:
1. Regarding proposal submission, are we expected to submit via Planetbids AND hard copies? The RFP Cover Letter states , “Proposals shall be submitted electronically via PlanetBids…No other form of submittal shall be accepted by the City,” while the RFP reads, “Please submit three copies of the project proposal and three (3) copies of the fee proposal to Irina Gurovich, 77 Fair Drive, Costa Mesa, CA 92626, by 4:00 p.m. on August 14, 2023.” Please confirm.
A. The three (3) copies of the proposal and three (3) copies of the fee proposal shall be mailed to the City and one (1) PDF file format of the proposal and one (1) PDF file format of the fee schedule shall be submitted online through the PlanetBids website.
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2. S
urvey scope of work outlined in RFP doesn’t mention including an underground utility survey. As a result, existing utilities will be mapped using record drawings and other resources obtained during investigation and research with utility companies. Please confirm this is an accurate assumption.
A. Yes. Existing utilities will be mapped using record drawings and other resources obtained during investigation and research with utility companies.
3. Based on discussion at the non-mandatory job walk, the Costa Mesa Skatepark Expansion Project will NOT have a dedicated pump track as part of the design. Please confirm.
A. The project should include unique and innovative elements specific to skateboarding which could include concepts similar in nature to a pump track. Community input from workshops should be highly integrated into any designs.
4. Based on discussion at the non-mandatory job walk, the Costa Mesa Skatepark Expansion Project will NOT include EV parking design and electrical design work associated with EV for this project. That work will be done under a separate project and therefore the consultant will exclude EV from scope of this project. Please confirm.
A. Yes. This is correct. The Costa Mesa Skate Park Expansion Project will NOT include EV parking design and electrical design work associated with EV for this project. That work will be done under a separate project and therefore the consultant will exclude EV from scope of this project.
5. Based on discussion at the non-mandatory job walk, the Costa Mesa Skatepark Expansion Project will include shade structure for spectators and users outside of the play area. Can this be a prefabricated and pre-designed structure from a known vendor, or should consultant include a structural engineer as part of the team to design the structure?
A. T he shade structure can be a prefabricated and pre-designed structure from a known vendor.
6. Should consultant include an arborist as part of the scope of work for this project or it is assumed that the selected consultant will work with the City arborist throughout the design to ensure mature trees are protected?
A. The selected consultant will work with the City arborist throughout the design to ensure mature trees are protected.
7. Based on discussion at the non-mandatory job walk, it is understood that the City will assist and distribute submittals internally to various departments for review for plan check. Please confirm.
A. Yes. The City will assist and distribute submittals internally to various departments for review for plan check.
8. Based on discussion at the non-mandatory job walk, it is understood that restroom upgrades or construction of new restrooms are NOT part of the scope of this project. Please confirm.
A. Yes. This is correct. The restroom upgrades or construction of new restrooms are not a part of the scope of this project.
9. For construction support services, are the weekly meetings going to be virtual or in person?
A. The meetings are going to be in-person.
ATTACHMENT 1
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10. I
s it expected for consultant to perform punch walk at the end of construction?
A. Yes. It expected for consultant to perform punch walk at the end of construction.
11. For site lighting, will the City require Musco lighting for the proposed expansion portion similar to existing?
A. Yes. The City requires Musco lighting.
12. Is the existing park currently discharging to an existing offsite storm drainpipe in the street?
A. The existing pump discharges into the turf area west of the existing footprint.
13. For the quantity and cost estimate scope of the RFP, is this expected to be an ‘opinion of probable cost’ prepared by the engineer? Or it is expected to have a cost estimator consultant on team to produce the construction cost estimate? Please advise.
A. It is expected to have a cost estimator consultant on team to produce the construction cost estimate.
14. Can we be provided a copy of the sign-in sheet that was used during the non-mandatory job-walk meeting on 7/25/23?
A. The sign-in attendance sheet was uploaded to the Planet Bid Website and also attached to this addendum.
15. On Page 2 of the RFP, Paragraph E regarding the “Fee Proposal,” Section 2, it states that “each fee schedule shall list individual project tasks and number of hours assigned for specific personnel, along with their basic hourly rates.” Can the City clarify if Subconsultants are required to provide a breakdown of the project tasks and basic hourly rates as well or if providing a lump sum fee for Subconsultants’ services will be sufficient to meet the fee proposal requirement?
A. Subconsultants are required to provide a breakdown of the project tasks and basic hourly rates.
16. This project will require Materials Testing & Inspection (of concrete, etc.). How will the City hire the lab to perform these services? Would you please clarify the process of hiring for this scope since it is not delineated in the RFP?
A. Since this is a design phase of the project, no Materials Testing & Inspection is required on behalf of the City.
The following sections have been added to the Scope of Consultant Services, Section II, Content of the proposal:
E. Checklist of Forms to Accompany Proposal: A
s a convenience to Proposers, following is a list of the forms, Appendix E included in this RFP, which should be included with Proposals:
1. Ven
dor Application Form
2. Company Profile & References
3. Ex Parte Communications Certificate
4. Disclosure of Government Positions
5. Disqualifications Questionnaire
6. Bidder/Applicant/Contractor Campaign Contribution
ATTACHMENT 1
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II.I
Process for Submitting Proposals:
• Content of Proposal: T he Proposal must be submitted using the format as indicated in the Proposal format guidelines.
• Preparation of Proposal: E ach Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.
• Cost for Preparing Proposal: T he cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City. Fee Schedule shall be submitted in a separate file containing the following:
Cov
er letter stating the total not to exceed cost.
• Forms to Accompany Proposal: A ppendix E forms shall be attached at the end of the Proposal with the exception of the Fee Schedule which shall be submitted in a separate file.
• Number of Proposals: T he three (3) copies of the proposal and three (3) copies of the fee proposal shall be mailed to the City and one (1) PDF file format of the Proposal and one (1) PDF file format of the Fee schedule shall be submitted online through the PlanetBids website.
• Submission of Proposals: T he hard copies, the electronic versions of the Proposals and Fee Proposals must be submitted no later than 4 :00 p.m. (P.S.T) on August 14, 2023 . Proposals will not be accepted after this deadline. Proposals received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Proposer to see that the proposal is received in proper time. Faxed or e-mailed proposals will not be accepted.
• Inquiries: Q
uestions about this RFP must be posted in the Q & A tab on Planet Bids no later than August 7, 2023 at 2:00 p.m. The City reserves the right not to answer all questions.
The C
ity reserves the right to amend or supplement this RFP prior to the p roposal due date. All addendum(s), responses to questions received, and additional information will be posted to PlanetBids. Proposers should check the City’s Planetbids page daily for new information.
From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any proposal for violation of this provision. No questions other than those posted on PlanetBids will be accepted, and no response other than written will be binding upon the City.
• Conditions for Proposal Acceptance: T
his RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all p roposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the proposal, it should be clearly identified.
• Insurance & W -9 R
equirements: Upon recommendation of contract award, Consultant will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:
I
nsurance – City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file ATTACHMENT 1
31 216
w
ith the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.
W-9 – Current signed form W -9 (Taxpayer Identification Umber & Certification) which includes firm’s legal business name(s).
1. Evaluation Criteria: The City’s evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub- criteria are not necessarily listed in order of importance. Additional sub-criteria that logically fit within a particular evaluation criterion may also be considered even if not specified below.
1. Project Approach, Scope, & Methodology ------- 20%
2. Qualifications, Organization & Key Staff Experience ------- 40%
3. Experience and Record of Success on Similar Federal Projects --- 30%
4. Cost Effectiveness ---- 10%
2. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above. While price is one basic factor for award, it is not the sole consideration.
A. Responsiveness Screening:
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non- responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.
B. Initial Proposal Review: T
he Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.
C. Interviews, Reference Checks, Revised Proposals, D iscussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.
In
addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a ATTACHMENT 1
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P
roposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.
Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization.
The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.
3. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure, which are apparent or reasonably should have been discovered prior to receipt of Proposals shall be filed in writing with the City’s Purchasing Department at least 10 calendar days prior to the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.
Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the Proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City’s Purchasing Department, within 48 hours from receipt of the notice from the City advising of City’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City’s Purchasing Department will respond to the protest in writing at least 3 days prior to the meeting at which City’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the City’s Purchasing Department, and pursue its protest at the Council meeting, it will notify the City’s Purchasing Department of its intention at least 2 days prior to the scheduled meeting.
A. Procedure – All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
• The name, address and telephone number of the protester; • The signature of the protester or the protester’s representative; • The solicitation or contract number;
• A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.
4. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.
If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.
ATTACHMENT 1
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5. Responsibil ity of Proposers: The City shall not be liable for any expenses incurred by potential Consultants in the preparation or submission of their Proposals. Pre- contractual expenses are not to be included in the Consultant’s Pricing Sheet. Pre- contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:
• Preparing Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Proposal; and • Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.
6. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.
If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.
Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.
7. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
Proposers shall include the Ex Parte Communications Form, Appendix E with their Proposals certifying that they have not had or directed prohibited communications as described in this section.
8. Conflict of Interest: The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having ATTACHMENT 1
34 219
s
uch an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
9. Dis
closure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix E.
10. Con
ditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix E to this RFP, which may be modified by the City.
All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement . The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.
Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement.
11. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix E.
12. Stan
dard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted to PlanetBids. Proposers should check this web page daily for new information
Ple
ase acknowledge receipt of Addendum 1 on your Proposal and by email per instruction in the first page of this addendum.
Att
achments:
1. Append
ix E – Required City Forms
2. Sign-in Sheet
Iri
na Gurovich
Associate Engineer
B0J �u?/L
ATTACHMENT 1
35 220
APPENDIX E
Required City Forms
REQUEST FOR PROPOSALS FOR PROFESSIONAL
SERVICES FOR THE PLANNING AND DESIGN OF THE
EXPANSION OF THE COSTA MESA SKATE PARK 900
ARLINGTON DRIVE, COSTA MESA, CA
ATTACHMENT 1
36 221
VENDOR APPLICATION FORM
FOR
RFP No. ______ for ______
TYPE OF APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: ____________________________________________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ E-Mail Address: _________________________
Phone: ________________________ Fax: ________________________ Contact Person for Proposals: ______________________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
ATTACHMENT 1
37 222
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Federal Tax Identification Number: __________________________________________ City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: ________________________________ ATTACHMENT 1
38 223
COMPANY PROFILE & REFERENCES
Company Legal Name:
Company Legal Status (corporation, partnership, sole proprietor etc.):
Active licenses issued by the California State Contractor’s License Board:
Business Address:
Website Address:
Telephone Number: Facsimile Number:
Email Address:
Length of time the firm has been in business:
Length of time at current location:
Is your firm a sole proprietorship doing business under a different name: ___Yes ___No If yes, please indicate sole proprietor’s name and the name you are doing business under:
Federal Taxpayer ID Number:
Regular Business Hours:
Regular holidays and hours when business is closed:
Contact person in reference to this solicitation:
Telephone Number: Facsimile Number:
Email Address:
Contact person for accounts payable:
Telephone Number: Facsimile Number:
Email Address:
Name of Project Manager:
Telephone Number: Facsimile Number:
Email Address:
ATTACHMENT 1
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COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.
Company Name:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
ATTACHMENT 1
40 225
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
ATTACHMENT 1
41 226
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. _____FOR ________ at any time after November 09, 2020.
________________________________ Date: _______________________ Signature
________________________________
Print
OR
I certify that Proposer or Proposer’s representatives have communicated after November 09, 2020 with a City Councilmember concerning informal RFP No. _____FOR ________ . A copy of all such communications is attached to this form for public distribution. ________________________________ Date: _______________________ Signature
________________________________
Print
ATTACHMENT 1
42 227
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." ATTACHMENT 1
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DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
ATTACHMENT 1
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BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder/Applicant/Proposer
Date
ATTACHMENT 1
45 230
SKATE PARK EXPANSION,
900 ARLINGTON DRIVE, COSTA MESA
RFP 23-04D
WALK-THRU ATTENDANCE LIST
Tuesday, July 25, 2023 10:00 am at the project site
NAME COMPANY CONTACT
Vince Onel Spahn Ranch Phone: 626-330-5803
62E-mail: [email protected]
Joey Lopez Shreducate Academy Phone: 949-662-4401
E-mail: [email protected]
Devin Kelley Grindline/Rick
Engineering
Phone: 949-588-0707
E-mail: [email protected]
Zach Mueting RJM/New Line Phone: 949-493-2600
E-mail: [email protected]
Barsin Bet Govargez Kimley Horn Phone: 818-400-3090
E-mail:barsin.betrgovargez@kimley-
horn.com
Brandie Metcalf Ultra Systems
Environmental
Phone: 949-788-4900
E-mail:[email protected]
Raja Sethurman City of Costa Mesa Phone: 714-754-5032 E-mail:
George Cortez City of Costa Mesa Phone: 714-327-7494 E-mail:
Robert Ryan City of Costa Mesa Phone: 714-327-7499
E-mail:
Angel Garcia City of Costa Mesa Phone: 714-754-5022
E-mail:
Monique Villasenor City of Costa Mesa Phone: 714-754-5679 E-mail:
Irina Gurovich City of Costa Mesa Phone: 714-754-5324 E-mail:
Phone:
E-mail:
Pg.1
ATTACHMENT 1
46 231
EXHIBIT B
CONSULTANT’S PROPOSAL
ATTACHMENT 1
47 232
EXPANSION OF SKATE PARK, CITY OF COSTA MESA DVD
AUGUST 14, 2023
CITY OF COSTA MESA
DESIGN SERVICES FOR
SKATE PARK EXPANSION
ATTACHMENT 1
48 233
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
San Diego Office
4660 La Jolla Village Dr, Suite 100 #1834
San Diego, CA 92122
858.2471222
August 14, 2023
Irina Gurovich
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: PROPOSAL TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURE DESIGN SERVICES
FOR THE EXPANSION OF THE COSTA MESA SKATE PARK
Dear Ms. Gurovich,
The Costa Mesa Skate Park on Arlington Drive is one of Orange County’s most popular skate venues. This park is frequented by residents and visitors who, every day, participate in this exciting sport. This park is well known to our design studio as several of our staff have braved the crowds to skate at this exciting and fun concrete landmark.
The David Volz Design Studio, a local Costa Mesa-based, award-winning park design firm, and Spohn Ranch our skate park experts, are ready to design a thrilling and outstanding addition to this facility. This design team has collaborated on fantastic facilities that are also popular with Orange County skaters. In addition to dozens of facilities across California, our team’s skate park in Stanton Central Park garnered accolades and awards for outstanding design and unique features. This same DVD/Spohn Ranch team is currently working on other facilities in Orange County, including a new skate park within Woodbury Park in Garden Grove.
DVD has proven expertise in community engagement as a catalyst for the unique, creative design development of park and skate park facilities. Our team of active skaters will engage the Costa Mesa skate community in a fun and creative design process that will specifically look for ideas and inspiration to create a unique addition to the existing park.
The 3D representations that we will prepare will be reviewed and critiqued by your city’s skaters. The final designs that these stakeholder’s influence will provide the direction for construction documents to guide the park’s construction requirements. A full design package will be ready and presented to your civic leaders, and once approved, high-quality plans and specifications will ensure the delivery of an outstanding facility.
The experience section of this proposal outlines some of the outstanding skate parks our design team has delivered. We look forward to working with the Costa Mesa skate community to expand the offerings and opportunities to skate in Costa Mesa.
Very truly yours,
DAVID VOLZ DESIGN
David J. Volz, R.L.A. # 2375
Designing landscapes that create
community...
Leveraging location-based
technologies to create a smarter world
ATTACHMENT 1
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EXPANSION OF SKATE PARK, CITY OF COSTA MESA DVD
Addendum No. 1
REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND DESIGN OF THE EXPANSION OF THE COSTA MESA SKATE PARK 900 ARLINGTON DRIVE, COSTA MESA, CA
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION
DATE: August 9, 2023
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 1 – REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND DESIGN OF THE EXPANSION OF THE COSTA MESA SKATE PARK , 900 ARLINGTON
DRIVE, COSTA MESA, CA
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e- mail a copy of this sheet to [email protected]. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
NON-MANDATORY JOB WALK 10:00 A.M., July 25, 2023 COMPLETED
NON -MANDATORY JOB WALK LOCATION 900 ARLINGTON DRIVE, COSTA MESA COMPLETED
DEADLINE TO SUBMIT QUESTIONS 2 :00 P.M., August 7, 2023 COMPLETED
PROPOSAL DUE DATE 4 :00 P.M., August 14, 2023 NO CHANGE
CLARIFICATIONS TO PROPOSAL:
The following questions were received at the pre-proposal meeting and through email with subsequent answers and clarifications:
1. Regarding proposal submission, are we expected to submit via Planetbids AND hard copies? The RFP Cover Letter states , “Proposals shall be submitted electronically via PlanetBids…No other form of submittal shall be accepted by the City,” while the RFP reads, “Please submit three copies of the project proposal and three (3) copies of the fee proposal to Irina Gurovich, 77 Fair Drive, Costa Mesa, CA 92626, by 4:00 p.m. on August 14, 2023.” Please confirm.
A. The three (3) copies of the proposal and three (3) copies of the fee proposal shall be mailed to the City and one (1) PDF file format of the proposal and one (1) PDF file format of the fee schedule shall be submitted online through the PlanetBids website.
David Volz Design Landscape Architects, Inc.
David Volz
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Firm Qualifications
Firm Profile
Project Experience & References
Project Team
Organizational Chart
Resumes
Subconsultants
Work Plan
Understanding & Approach
Sustainability
Community Outreach
Graphic & Renderings
Scope of Services
Project Schedule
Quality Control
Appendix
Certifications
Letters of Recommendation
Fee Proposal (Separate)
Fee Proposal
Hourly Rate Schedule
2 5
10 11
13 14
15 16
19 20
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2 FIRM QUALIFICATIONS
David Volz Design (DVD) is committed to the creative
design of outstanding public spaces. We develop
landscapes, parks, sports fields, and streetscapes to
meet the specific needs of their communities. DVD
designs special environments for those who seek
recreation in a beautiful setting: wonderful
natural environments for those who are
simply looking for respite, and for those
who pursue recreation and competitive
athletic endeavors on the playing
field. Our firm capitalizes on what
the site and nature has to offer. For
all of our commissions, we work to
enhance the site’s use, working within
environmentally sound parameters
while taking full advantage of the site
and its surroundings to best service the
community’s needs.
We provides a wide range of services to our
public agency clients: site planning, budgeting
and preparation of construction documents are the
mainstays of the services we provide. Public facilities and landscape improvements we have designed are evident
in communities throughout Southern California. We have successfully delivered award-winning public landscape
important projects in all over California
We strive to stay on top of the constantly changing world of the construction industry and its pricing. We regularly analyze what is happening with projects during estimating and bidding process to ensure that we are as close
as possible to our clients’ budget. We have been very
successful in tracking costs.
Our company understands the importance of protecting
the environment, protecting our resources and the
health of future generations. DVD is proud to be a LEED Accredited and a Qualified Stormwater Designer QSD
company. We understand the commitment we have to the
public to deliver quality projects that offer a high return for the public funds invested; projects that can be maintained and deliver a lifetime of service to the communities they are built for.
Our team will be easy to work with, creative, and responsive.
We live by our mission statement to “create community”
through our designs. Together our firm will be a pro-active knowledgeable resource for your city staff.
PLANNING & DESIGNING
Demonstration gardens, mitigation & restoration
Nature parks, interpretive gardens &
wilderness camps
Streetscape development & redevelopment
Community, Neighborhood & mini-parks
Facility master plans & feasibility studies
School fields & campus planning
Irrigation renovation & redesign
Design guidelines & standards
Sports parks & stadiums
Grant applications
& GIS
Founded in 1997
25 years in business
S-Corporation-CA
Never filed for
bankruptcy
Wholly-owned Business
12 employees
David Volz RLA#2375
Gary Vasquez RLA #3883
Eric Sterling RLA#5463
Luis Pedraza RLA#6782
LEED Accredited
SBE
“DVD continues to build its reputation
on creativity and service in the design
of outstanding public spaces. We create
high quality public spaces for our clients’
communities and neighborhoods. We work with
public agencies and the people they serve to
develop innovative landscapes of outstanding
beauty.”
Contact Person:
David Volz, President, RLA,
LEED AP, QSD/QSP
714-641-1300
[email protected]
Like us on Facebook!
Follow us on Instagram!
@davidvolzdesign
www.dvolzdesign.com
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3 SPOHN RANCh SKATEPARK
DESIGN CONSULTANT
CARVING CORNERS. NOT CUTTING THEM.
SPOHN RANCH, INC. | LET’S ROLL.
[email protected] | 626.330.5803 | 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 “AN EXCELLENT DESIGN. SHOULD BE AN EXAMPLE FOR OTHER COMMUNITIES TO FOLLOW” - TONY HAWK, PROFESSIONAL SKATEBOARDER “ONE OF THE BEST PIECES OF SKATEABLE TERRAIN EVER BUILT” - CHRIS MILLER, PROFESSIONAL SKATEBOARDER “A DESIGN SO UNIQUE THAT IT HAS LEFT OUR KIDS SPEECHLESS” - SANDWICH, IL PARK DISTRICT “SPOHN RANCH’S KNOWLEDGE IN THE DESIGN & CONSTRUCTION OF SKATEPARKS IS BEYOND WORDS” - CITY OF ALAMOGORDO, NM “TRULY GRATEFUL TO SPOHN RANCH FOR THEIR PASSION, PROFESSIONALISM & EXPERTISE” - CITY OF NEWARK, OH Spohn Ranch began as a community, anchored by Aaron
Spohn’s backyard half-pipe, and grew into an award-winning skatepark design-build firm. A cornerstone of wheel sports progression for over 30 years, Spohn Ranch’s Los Angeles backyard roots have spread globally, culminating in hundreds of cutting-edge creations.
Via three decades of municipal skatepark projects, spanning 40+ states, 15+ countries and a variety of corporate clients including Red Bull and Vans, Spohn Ranch has mastered a broad range of techniques specific to creating the
highest-quality wheel-focused terrain possible.
With a firsthand passion for skateboarding and wheel sports, the Spohn Ranch family of highly-skilled craftsmen,
including landscape architects, iron workers, grading wizards and ACI-certified shotcrete nozzlemen, pride themselves on designing and building skateparks with the relentless
dedication to detail and architectural finesse that Spohn Ranch is known for.
DMS Consultants, Inc. is dedicated to technical excellence and high quality services. A team approach is taken to every project undertaken, with a project engineer directing, managing and acting as the central design figure in the work. Our firm strives to maintain a high level of communication with the client and jurisdictional agencies. We are acutely aware of the value and importance of providing close individual attention to each project and to working within the constraints of time and budget.
We also know that the success of our firm rests clearly on the management, competence, and expertise of our professional staff and team. Established in 1994, our firm provides engineering and related services to municipalities, government entities, and private industries throughout Southern California.
With a staff of registered civil engineers, designers, construction observers, contract administrators, surveyors, and specialists in transportation, building and safety, and computer-aided design, DMS Consultants, Inc. is uniquely qualified to respond to the diverse needs of our clientele.
FIRM QUALIFICATIONS
Firm Profile
DMS Consultants, Inc. is a California Corporation established in 1994. Our firm provides civil engineering and related services to municipalities, government entities, and private industries throughout Southern California. As a small business, we are committed to personal service, high quality products, close communications, and enduring client relationships. With a staff of registered civil engineers, designers, and surveyors, DMS Consultants, Inc. is uniquely qualified to respond to the diverse needs of our clientele.
DMS Consultants, Inc. is dedicated to technical excellence and high-quality services. A team approach is taken to every project undertaken, with a Project Engineer directing, managing and acting as the central design figure in the work. Our firm strives to maintain a high level of communication with the client and jurisdictional agencies.
We are acutely aware of the value and importance of providing close individual attention to each project and to working within the constraints of time and budget. We also know that the success of our firm rests clearly on the management, competence, and expertise of our professional staff and team.
DMS Consultants, Inc. presently provides on -call civil engineering design services to the City of Fountain Valley, City of Fullerton, City of Gardena, City of La Mirada, City of Newport Beach, and City of San Dimas.
DMS Consultants, Inc. has the ability to provide services for the City’s various public works and capital improvement projects in the following areas:
■ Roadway Pavement Improvements
■ Sewer Line Improvements
■ Water Line Improvements
■ Drainage Facility Improvements
■ Sidewalk Improvements
■ ADA Compliance Improvements
■ Hydrology Studies
DMS Consultants, Inc. also has the capacity to sub-consult for services in the following areas:
■ Median Landscape Improvements
■ Parkway Landscape Improvements
■ Public Park Facility Improvements
■ Geotechnical Investigations
■ Traffic Engineering
DMS Consultants, Inc.
Firm Profile
DMS Consultants, Inc. is a California Corporation established in 1994. Our firm provides civil engineering and related services to municipalities, government entities, and private industries throughout Southern California. As a small business, we are committed to personal service, high quality products, close communications, and enduring client relationships. With a staff of registered civil engineers, designers, and surveyors, DMS Consultants, Inc. is uniquely qualified to respond to the diverse needs of our clientele.
DMS Consultants, Inc. is dedicated to technical excellence and high-quality services. A team approach is taken to every project undertaken, with a Project Engineer directing, managing and acting as the central design figure in the work. Our firm strives to maintain a high level of communication with the client and jurisdictional agencies.
We are acutely aware of the value and importance of providing close individual attention to each project and to working within the constraints of time and budget. We also know that the success of our firm rests clearly on the management, competence, and expertise of our professional staff and team.
DMS Consultants, Inc. presently provides on -call civil engineering design services to the City of Fountain Valley, City of Fullerton, City of Gardena, City of La Mirada, City of Newport Beach, and City of San Dimas.
DMS Consultants, Inc. has the ability to provide services for the City’s various public works and capital improvement projects in the following areas:
■ Roadway Pavement Improvements
■ Sewer Line Improvements
■ Water Line Improvements
■ Drainage Facility Improvements
■ Sidewalk Improvements
■ ADA Compliance Improvements
■ Hydrology Studies
DMS Consultants, Inc. also has the capacity to sub-consult for services in the following areas:
■ Median Landscape Improvements
■ Parkway Landscape Improvements
■ Public Park Facility Improvements
■ Geotechnical Investigations
■ Traffic Engineering
DMS Consultants, Inc.
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4 Design West Engineering
WE SWEAT THE DETAILS
The MEP systems behind any facility are the
details that you expect to work, not notice.
We see our role on your team in the same light. Our
work is an integral part of your project functioning as it should. It goes far beyond just accurate engineering. It has everything to do with what we call good service.
FIRM OVERVIEW
In January of 2000, Design West Engineering was founded by partners Rob Cronk and Mark Galle. They set out to build an engineering company that would be focused, first and foremost, on delivering our architectural and construction partners with exceptional service.
The idea was simple, the model worked, and the company has thrived. Now, Design West has become a leading engineering firm across the West Coast.
Each team member is hand-selected to ensure the Design West standard for customer service is upheld and our staff has become known for technical excellence, outstanding communication, and pushing the boundaries of technology. In the end, it is all driven by the same focus: be the very best at serving our clients’ needs.
Engineering Services
Mechanical Electrical Plumbing Commissioning
Fire Protection T echnology Utility Coordination Energy Park Experience
Design West’s team brings you expertise in parks and community buildings, having a long history of experience with countless city and county clients as well as various state and federal agencies. Beyond just designing to the project type, this experience includes successful support of public works bidding and construction administration services. It includes effective communication and collaboration with various regulatory agencies, utility companies, governmental departments, and multiple stakeholders.
THE FOUR COMMITMENTS OF CUSTOMER SERVICE
We know the only way to earn your trust is through consistent quality engineering, but exceptional customer service is the real foundation Design West is built on. We are committed to active collaboration, clear and consistent communication, purposeful creativity, and working with care. Our entire team knows it’s our job to make sure you don’t just like our work, but love working with us.
FIRM QUALIFICATIONS
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5 Revitalizing this important green space in south western Garden Grove will create the community building infrastructure the resident desire. At the many public meetings, neighborhood attendees identified the lack for facilities and recreational opportunities as some of the reasons that this park site is underutilized. Safety and security have also concerned, however a robust slate of “things to do” in the park was the input given by those who attended the outreach meetings.
The final concept plan developed from primarily on-site neighborhood meeting addresses many of the neighbors concerns and desires. An open and visible core has been identified as important in elevating blind spots at the back for the park. The concept plan contemplates opening the middle area by grading down the central hill and exposing the activity areas to the main entry ways and the proposed new parking lot.
Other important feature of the concept plans includes the presentation of large on-site trees, the rebuilding and bettering of existing on-site recreation elements and a lighted perimeter trail system that provides easy access around the site and to all the new recreational elements.
Client: City of Garden Grove
Reference:
John Montanchez
Director of Community
Services
(310) 217-9571
[email protected]
Key Elements:
• Themed playground
• Basketball courts
• Skate elements
• Splash pad
• Community Center
• Updated lighting
Services provided:
• Concept Plan
• Community Outreach
• Design Development
• Construction Documents
Start Date: Sept. 2022
Completion Date: TBD
Cost of Design: $672,806
DVD Project Manager:
Luis Pedraza
Staff: David Volz, Gary
Vasquez, Paul Cassar, Dana
Bull, Michelle Maldonado,
Xitlali Casarrubias
Sub-consultant:
Spohn Ranch, Design West
Engineering, NV5, David
Sheegog
PROJECT EXPERIENCE & REFERENCE
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6 PROJECT EXPERIENCE & REFERENCE
The City of Costa Mesa wanted to renovate their existing park and playground south of their new Donald Dungan Library. The directive for Lions Park was to remove and replace the restroom building and preserve the mature trees as well as install a new playground and retain a vintage fighter jet play structure in place.
The program for users would be for ages 2 to 5 years and 5- to 12-year-old children including universal access. The programming of the play elements and surfacing of the playground design was inspired and driven by the jet fighter and an overall aviation theme. The site was zoned with the 2- to 5-year-olds to the west with swings with accessible seating for all, springers and small playhouse within rubber surfacing and a planter separation to a sand lot with sandcastle, table, and digger within as added play elements for toddlers. The 5- to 12-year-old area utilizes the renovated jet plane and a 2 towered play structure with several climb and interactive elements. The aircraft carrier rubberized surfacing pattern in between the structure and jet lent the deck of the aircraft carrier to be utilized as a runway for a zipline feature that allows the users to imagine flying over the deck. Additional program elements are swings and accessible seesaw and
round-a-bout for all completing the playground. The mature tree canopies allowed families to have instant shade provided while their children engaged the site.
Client: City of Costa Mesa
Reference:
Hector Soriano
Associate Engineer
(714) 754-5045
[email protected]
Key Elements:
• Universally accessible play
equipment
• Refurbished Fighter Jet
• Zipline swing
• Drought tolerant plantings
• Restroom
Services provided:
• Community Outreach
• Master Plan
• Construction Documents
• Construction Period Services
Acreage: approximately 1
Start Date: Feb 2018
Completion Date: July 2021
Design Cost: $219,415
Construction Cost: $2.4 million
DVD Project Manager: Gary
Vasquez
Staff: David Volz, Paul Cassar, Luis
Pedraza, Dana Bull
Subconsultants: DMS
Consultants, Design West
Engineering
More Costa Mesa Projects:
Harbor Blvd Bike Trail
Westside ImprovementsSTREETSCAPE AND MEDIAN DEVELOPMENT
STANDARDS
CITY OF COSTA MESA
ADOPTED:
SEPTEMBER 1999
AMENDED:
APRIL 2008
LAST AMENDED:
SEPTEMBER 2016
Prepared by
David Volz Design
Landscape Architects, Inc.
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
DVD
Harbor Boulevard
Katella Avenue
Harbor Blvd Medians
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7 SUBCONSULTANT PROJECT EXPERIENCE
SPOHN RANCH, INC. | LET’S ROLL.
[email protected] | 626.330.5803 | 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 PROJECT PORTFOLIO SPOHN RANCH, INC.
GEORGE LANE SKATEPARK
LOCATION: QUARTZ HILL, CALIFORNIA
CLIENT: COUNTY OF LOS ANGELES
REFERENCE: JON GARGAN 661-294-3518 [email protected] SIZE: 15,000 SQ FT | YEAR: 2019
Quartz Hill, California’s George Lane Park is now home to one of LA County’s premiere skateparks courtesy of Spohn Ranch’s design/ build talents. The 15,000 square foot concrete skatepark officially opened on August 14 to a massive crowd of skateboarders, BMX bike riders and community supporters. The project was our second of two skatepark builds for Los Angeles County, following an equally-successful street plaza at Castaic Park that opened earlier in the year.
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8 SUBCONSULANT PROJECT EXPERIENCE
SPOHN RANCH, INC. | LET’S ROLL.
[email protected] | 626.330.5803 | 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 PROJECT PORTFOLIO SPOHN RANCH, INC.
TUSTIN LEGACY SKATEPARK
LOCATION: TUSTIN, CALIFORNIA
CLIENT: CITY OF TUSTIN
REFERENCE: CHAD CLANTON 714-573-3332 [email protected] [email protected] SIZE: 11,000 SQ FT | YEAR: 2020
The Tustin Skatepark is long overdue, but with Spohn Ranch’s skatepark design/build expertise shaping the process, the 12,000 square foot space will be worth the wait. The skatepark is a first for the City of Tustin, but not Spohn Ranch’s first project in Orange County, California. After hosting a public design workshop that provided key insights from the skateboard community, we created a modern skatepark design that balances street and transition-style terrain. A 4’ – 6’ bowl anchors the center of the space and is elevated from the street section to create a bit of traffic control. Surrounding the bowl is a rail paradise with a variety of grind rails including a flat rail, handrail, bump-to-rail and A-frame rail. The skatepark design also features a skateable eagle sculpture that ties into the larger park’s patriotic theme.
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9 SUBCONSULANT PROJECT EXPERIENCE
The skatepark design/build project is our 4th for the City of Anaheim and will be located in north-central Anaheim, an area currently underserved by public skateparks. Our canvas at Manzanita Park was challenging and tested our skatepark design expertise, but we overcame a tight footprint, a restrictive block wall and a fence requirement with a state-of-the-art concrete skatepark. Manzanita Skatepark’s transition section will feature a 5’-7’ deep bowl with Tedder Stone pool coping and a 3’ deep beginner bowl with user- friendly roll-in. The street section makes the most of a narrow footprint with a variety of grind ledges, manual pads and grind rails. A spine anchors the center of the space, separating the street and transition sections for safety while still allowing for continuous flow.
SPOHN RANCH, INC. | LET’S ROLL.
[email protected] | 626.330.5803 | 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 PROJECT PORTFOLIO SPOHN RANCH, INC.
MANZANITA SKATEPARK
LOCATION: ANAHEIM, CALIFORNIA
CLIENT: CITY OF ANAHEIM
REFERENCE: JOSE JIMENEZ 714-765-4463 [email protected] SIZE: 10,000 SQ FT | YEAR: 2019
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10 PROJECT TEAM
City of Costa Mesa
Expansion of Skate Park
DAVID VOLZ DESIGN
LANDSCAPE ARCHITECTS, INC
David Volz, RLA #2375,
LEED AP, QSD/P
Principal in charge
Gary Vasquez, RLA #3883
Director of design
Eric Sterling, RLA #5463
Senior Landscape Architect
Kevin Volz, GISP
Director of GIS
Luis Pedraza, RLA #6782
Landscape Architect
Paul Cassar
Senior Landscape Designer
Bryant Avalos
Landscape Designer
Sarah Moon
Landscape Designer
Angela Lee
Landscape Designer
Dana Bull
Landscape Designer
Michelle Maldonado
Project Designer
Xitlali Casarrubias
Project Designer
Sahar Fazelvalipour
Project Designer
DESIGN WEST ENGINEERING
Electrical Engineer
Leo Maya, P.E., E19480
Senior Electrical Engineer
Roy Morales, P.E.
Project Manager / Senior Electrical Designer
DMS CONSULTANTS INC
Civil Engineer
Surender Dewan, P.E.
Project Manager / Senior Civil Engineer
Our creative designers have the background and expertise to deliver outstanding landscape architecture services
for your city’s project. The DVD key team members are
experienced and talented professionals and they will be supported by a team of licensed landscape architects,
several very capable designers, sub consultants, and
support staff.
Our design approach, from design development through
construction document development, includes strong
quality control techniques as well as several quality
control measures. For example, our team will have a
senior staff landscape architect assigned to specifically provide quality control oversight. This experience
landscape architect will be involved in regular in-house design review of project drawings, specifications and
budget estimate. He will provide input, and advice to the project administrator. This effort, together with our other quality control measures, will focus on providing the city with a design which is accurate and constructable.
Delivering projects within our client’s expectations,
budgets and time frame is our top priority. We will establish milestones for deliverables and set precise schedules
for meetings and reviews. Our senior management will
review all submittals prior to issuance. We will provide recommendations based upon experience and expertise
for the betterment of any project assigned to DVD. These same senior DVD professionals will remain the primary
contact for the City throughout the project.
PROJECT MANAGER - Gary Vasquez will provide design
oversight of this project and be the design professional- of-record for the construction documents. Coordination of our large team of professionals will be the responsibility of DVD’s project manager, Paul Cassar. Paul has extensive
team leadership experience, he will be an active and
engaged manager for this project. He will coordinate and lead design development meetings. Keeping in regular
touch with the city project team, updating schedules and filing project progress reports, with action items, as the design is developed.
David Volz Design looks forward to a long relationship
with your city. We are committed to delivering high quality services, designs, reports, documents, and support to the city
SPOHN RANCH
Skatepark Design Consultant
Aaron Spohn
Founder/ President
Vince Onel
Principal/VP of Design
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RESUMES
ROLE: Works extensively on the development
process from inception through master
plan development, construction document
preparation, contract administration, and
on-site inspection. He managed the project
to ensure adherence to established project
budgets, and schedules.
RECENT PROJECT EXPERIENCE
RICK GOMEZ PARK
Client: City of Buena Park
The project started as a small “greening”
project at the end of the 8th Street cul-de-
sac. Rick Gomez, a beloved long-time coach
and youth advocate in Buena Park was
memorialized through the theme and detailing
of the park and playlot.
WOODBURY PARK
Client: City of Garden Grove
The revitalization of this significant green
space in southwestern Garden Grove
responds to community desires for enhanced
infrastructure. On-site meetings, the final
concept plan prioritizes an open and visible
core, improved safety measures, accessibility,
and the incorporation of new recreational
elements, ultimately transforming the park
into a vibrant community hub.
STANTON CENTRAL PARK
Client: City of Stanton
Stanton Central Park is the city’s largest
recreational open space encompassing 11.5
acres with features encouraging activity and
exercise for a city whose citizen’s never had
a community park. Attentive design work was
aided by the voiced needs of the community,
making this truly a “people’s park.”
FREMONT PARK
Client: City of Glendale
The park’s ambiance and the many gathering
spaces within the park will be enhanced by
new synthetic turf soccer fields, community
center, play spaces, picnic grounds, ball
courts, and new lighting.
BARNES PARK
Client: City of Baldwin Park
Barnes Park is a revitalizing urban oasis
that offers a dynamic blend of modern
recreational amenities, lush green spaces,
and engaging activities for individuals and
families to enjoy.
Mr. Vasquez is a highly experienced
and award-winning senior design
leader with 30+ years of experience
in designing multi-faceted projects
throughout California. He is a valuable member of the DVD team providing creative design solutions to any challenges or opportunities that arise. Over the years, Mr. Vasquez has provided high-quality project management on many of
DVD’s most successful and highly acclaimed park projects.
He is known for his ability to deliver innovative and unique designs that meet and exceed client expectations.
One of Mr. Vasquez’s key strengths is his ability to successfully integrate public input into his design projects. He is a key figure in DVD’s community outreach program, and he works tirelessly to ensure that the community’s ideas and input are incorporated into the master plan. This dedication to community input has led to numerous successful projects and has helped to establish DVD as a leader in the design industry. Mr. Vasquez’s expertise in concept development and project planning is complemented by his broad
knowledge of construction detailing, planting and irrigation design. This approach to project delivery ensures that
every aspect of the design is carefully considered, resulting in high-quality project outcomes.
Overall, Mr. Vasquez’s many years of experienc
e, his
awardwinning design abilities, and his dedication to
community input make him an invaluable member of the
DVD team.
EDUCATION
• MLA, Landscape Architecture, 1989
California State Polytechnic University, Pomona
• BS, Ornamental Horticulture, 1986
California State Polytechnic University, San Luis Obispo
REGISTRATION
Landscape Architect, California, #3883, 1992
ACCOMPLISHMENTS
Design of the Year Award, APA 2010
SKILLS
AutoCAD, Adobe Photoshop, Microsoft Office
YEARS WITH DVD: 1997 - present
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Luis is a highly skilled graphic
designer with more than 8 years
of experience working on various
projects for agencies and design
companies, including print
advertisement and landscape
design. His extensive experience and expertise in concept development, graphic illustration techniques, and project planning have led to his success in delivering high-quality design solutions for clients. In addition to his design work, Luis has a passion for community outreach and addressing issues of park poverty in under-served areas.
Luis is skilled in managing and directing professional staff in a dynamic atmosphere, making him an effective leader and team player. He has excellent communication skills, both written and verbal, and is adept at analyzing project objectives and working closely with clients, architects, and engineers to provide a solid foundation for successful project completion. His ability to communicate a vision from both the client and his own innovative stylings is exceptional.
Luis’s communication skills and visual perception make
him capable of creating projects that convey a unique
and engaging vision for clients. His passion for design and community outreach, coupled with his years of experience and expertise, make him a valuable asset to any design
team.
EDUCATION
• MLA. Landscape Architecture, California State
Polytechnic University, Pomona, 2017
• Certificate in Ornamental Horticulture, 2011, Orange Coast College, Costa Mesa, Ca
• BA, Graphic Design, 2009, California State University, Fullerton, Ca
REGISTRATION
Landscape Architect, California, #6782, 2022
ACCOMPLISHMENTS
• Student Merit Award ASLA, SoCal Chapter, 2017
• “Quality of Life”, Merit Award ASLA, SoCal Chapter, 2016 • Annual Southern California Spring Garden Show, 2015
• Annual Southern California Spring Garden Show, 2014
SKILLS
Adobe Creative Suite, Sketch up, AutoCAD, Bilingual -
Spanish/English, HTML, CSS, Microsoft Office
ROLE: Works extensively on the development
process from inception through master
plan development, construction document
preparation, contract administration, and
on-site inspection. He managed the project
to ensure adherence to established project
budgets, and schedules.
RECENT PROJECT EXPERIENCE
JACK HAMMET PARK
Client: City of Costa Mesa
Improvements including new walkways,
parking lot expansion, water facilities and
control structures relocation, and a new
pedestrian connection will be designed.
BARNES PARK
Client: City of Baldwin Park
Barnes Park is a revitalizing urban oasis
that offers a dynamic blend of modern
recreational amenities, lush green spaces,
and engaging activities for individuals and
families to enjoy.
CIRCLE PARK
Client: City of South Gate
This park will be fully refurbished with new
open play fields, community center, play
spaces, picnic grounds and ball courts
to provide a wonderful greenspace and
needed recreational opportunities for the
neighborhood.
WOODBURY PARK
Client: City of Garden Grove
The revitalization of this significant green
space in southwestern Garden Grove
responds to community desires for enhanced
infrastructure. On-site meetings, improved
safety measures, accessibility, and the
incorporation of new recreational elements,
ultimately transforming the park into a vibrant
community hub.
PICKLEBALL COURTS @ MIKE WARD
COMMUNITY PARK
Client: City of Irvine
This facility upgrade will include a 8-court
layout, electrical upgrades and lighting,
shade, player and spectator seating, and
other amenities.
RESUMES
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RESUMES
Has more than 13 years of
experience in landscape
architecture working on projects
for public agencies. His design
expertise ranges from recreational
parks to streetscapes, school sites, as well as city design guidelines. A benefit to Mr. Cassar’s design ability is his attention to detail and his knowledge of playground
design, the latest construction practices and materials, ADA accessibility concerns, and his experience in the
installation of hardscape, softscape, and irrigation systems.
He brings field investigation, research, and communication experience to each of our projects.
Mr. Cassar has been a key figure at DVD in coordinating design development plans and carrying them through
construction drawings. He is known for his ability to
collaborate with a variety of clients, architects, engineers and designers and to successfully manage projects from
beginning to end.
He ensures adherence to established project schedules
and cost agreements, and monitors production for delivery of the highest quality products to clients. He cooperates well with staff, clients, and agencies to create successful products and works closely with contractors during
construction. He is typically responsible for plan checking to ensure the successful completion and delivery of
projects.
EDUCATION
BS, Landscape Architecture, 2005
California State Polytechnic University, Pomona
SKILLS
Adobe InDesign, Adobe Creative Suite, Sketch up,
AutoCAD, Microsoft Office
YEARS WITH DVD: 2005 - present
AVAILABILITY: 40%
ROLE: Responsible for analyzing data from
our community input charrette process to help
form a common goal of what the community
desires, prepares landscape architectural
plans, specifications, and cost estimates on a
multitude of projects, plan checking to ensure
consistent update of plan details from client
requests.
RECENT PROJECT EXPERIENCE
STANTON CENTRAL PARK
Client: City of Stanton
Stanton Central Park is the city’s largest
recreational open space encompassing 11.5
acres with features encouraging activity and
exercise for a city whose citizen’s never had
a community park. Attentive design work was
aided by the voiced needs of the community,
making this truly a “people’s park.”
JACK HAMMET PARK
Client: City of Costa Mesa
Improvements including new walkways,
parking lot expansion, water facilities and
control structures relocation, and a new
pedestrian connection will be designed.
FREMONT PARK
Client: City of Glendale
The park’s ambiance and the many gathering
spaces within the park will be enhanced by
new synthetic turf soccer fields, community
center, play spaces, picnic grounds, ball
courts, and new lighting.
CITRUS GLEN& HICKS CANYON PARK
IRRIGATION
Client: City of Irvine
The DVD team concluded that the utility
service line, water meter, and irrigation
mainline were undersized to provide the
capacity that was needed. A decision was
made, based upon cost-benefit analysis, to
split the park in two.
WOODBURY PARK
Client: City of Garden Grove
The revitalization of this significant green
space in southwestern Garden Grove
responds to community desires for enhanced
infrastructure. On-site meetings, improved
safety measures, accessibility, and the
incorporation of new recreational elements,
ultimately transforming the park into a vibrant
community hub.
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Dana Bull is a talented Landscape
Designer with David Volz Design,
known for her exceptional eye
for plant palette and her love for
all plants. With over six years
of experience in the field, she has developed a deep
understanding of plant materials and their requirements, and uses this knowledge to create unique and beautiful
outdoor spaces that are both functional and aesthetically pleasing. Her passion for all things plant-related is evident in her work, and she is dedicated to creating designs that not only meet her clients’ needs but also incorporate a wide variety of plants that will thrive in the local climate. Whether designing a small residential garden or a large commercial landscape, Dana brings a creative and thoughtful approach to every project she works on.
ROLE: Responsible for analyzing data from
our community input charrette process to help
form a common goal of what the community
desires, prepares landscape architectural
plans, specifications, and cost estimates on a
multitude of projects, plan checking to ensure
consistent update of plan details from client
requests.
RECENT PROJECT EXPERIENCE
WHITAKER ELEMENTARY SCHOOL PARK
Client: City of Buena Park
An initial opportunity to provide some
dedicated park facilities at Whitaker School
has blossomed into a full of fledged “new”
park across three acres of school yard.
Through a series of community outreach
workshops a plan has emerged with several
exciting and unique elements.
BERKSHIRE & GREVELIA PARKS
Client: City of South Pasadena
The Berkshire and Grevelia lots have been
purchased and the neighborhood has given
initial ideas for the conversion of these
properties to pocket parks. DVD designed
life back to the exciting park facilities that the
neighbors envisioned for their community.
PRIMROSE PARK
Client: City of Temple City
Nestled in the heart of Temple City, Primrose
Park exudes tranquility with its lush greenery,
charming picnic spots, and a playground that
delights children. Its peaceful ambiance and
recreational offerings make it a cherished
destination for both relaxation and family fun.
PICKLEBALL COURTS @ MIKE WARD
COMMUNITY PARK
Client: City of Irvine
This facility upgrade will include a 8-court
layout, electrical upgrades and lighting,
shade, player and spectator seating, and
other amenities.
STANTON CENTRAL PARK
Client: City of Stanton
Stanton Central Park is the city’s largest
recreational open space encompassing 11.5
acres with features encouraging activity and
exercise for a city whose citizen’s never had
a community park. Attentive design work was
aided by the voiced needs of the community,
making this truly a “people’s park.”
EDUCATION
• BS. Landscape Architecture, California State Polytechnic University, Pomona, 2016
SKILLS
AutoCAD, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: 2017 - present
AVAILABILITY: 40%
RESUMES
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As a recent graduate from the
landscape architecture program at
Berkeley, Ms. Maldonado brings a
strong design background. With her
knowledge of AutoCAD and SketchUp,
as well as her attention to detail and
ability to work well in a team, she is well-suited to assist with the design and planning of various landscape projects, conduct research and gather data, and prepare cost estimates and project schedules. Her strong communication skills will also be an asset when it comes to client meetings and presentations.
She has a great sense of responsibility, and she is eager to learn and grow in the field.
ROLE: Assist with the design and
planning of landscape projects, including
site analysis, conceptual design, and
construction documents, Conduct
research and gather data on site
conditions, materials, and regulations,
Participate in client meetings and prepare
graphics for presentations.
RECENT PROJECT EXPERIENCE
AROVISTA PARK MODERNIZATION
Client: City of Brea
The goal is to create an all inclusive
destination park to improve emotional,
social, physical, and mental health and
where they can explore, discover, relax,
and play in a safe and uniquely fun
environment.
SANITARY DISTRICT HEADQUARTERS
Client: Costa Mesa Sanitary District
A turf removal/water conservation
project to provide a boldly vibrant native
landscape design.
SANTA ANA SPLASH PADS
Client: City of Santa Ana
The City of Santa Ana has the opportunity
to re-imagine a portion of six existing
parks and plan for new splash pads.
PICKLEBALL COURTS @ MIKE WARD
COMMUNITY PARK
Client: City of Irvine
This facility upgrade will include a 8-court
layout, electrical upgrades and lighting,
shade, player and spectator seating, and
other amenities.
WOODBURY PARK
Client: City of Garden Grove
The revitalization of this significant green
space in southwestern Garden Grove
responds to community desires for
enhanced infrastructure. On-site meetings,
improved safety measures, accessibility,
and the incorporation of new recreational
elements, ultimately transforming the park
into a vibrant community hub.
CIRCLE PARK
Client: City of South Gate
This park will be fully refurbished with new
open play fields, community center, play
spaces, picnic grounds and ball courts
to provide a wonderful greenspace and
needed recreational opportunities for the
neighborhood.
EDUCATION
BS, Landscape Architecture, University of California, Berkley, 2022
SKILLS
AutoCAD, Rhino, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: May 2022 - present
AVAILABILITY: 40%
RESUMES
Ms. Cassarubbias has a strong focus
on community engagement and
creating designs that are versatile
and provide a range of services. By
engaging with the community to
understand their wants and needs,
she aims to create designs that add meaning and value to the space. Her motivation and team-oriented approach will make her an asset to any team and will ensure the success of any project she works on. Her ability to balance the technical and creative aspects of landscape architecture are valuable skills, and her approach to engaging the community in her designs will bring a unique perspective to the team and projects.
EDUCATION
BS, Landscape Architecture, University of California, Berkley, 2021
SKILLS
AutoCAD, Rhino, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: June 2022 - present
AVAILABILITY: 40%
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SUBCONSULTANT
SPOHN RANCH, INC. | LET’S ROLL.
[email protected] | 626.330.5803 | 6824 S CENTINELA AVE. LOS ANGELES, CA 90230
SPOHN RANCH SKATEPARK DESIGN CONSULTANT
AARON
SPOHN
FOUNDER & PRESIDENTFOUNDER & PRESIDENT
Aaron is the embodiment of the entrepreneurial spirit. When he used a carpentry background to start Spohn Ranch in the early ‘90’s, he had no back-up plan – he put everything he had behind his passion for wheel sports. That passion culminated in a backyard half-pipe that not only gave birth to a community, but eventually an award-winning skatepark design-build firm.
After Aaron helped launch skateparks into the mainstream when he partnered with ESPN to develop the X-Games, Spohn Ranch’s backyard roots spread globally in the form of hundreds of cutting-edge creations.
From permanent skateable landscapes to innovative installations for high-profile events, Aaron and Spohn Ranch have played an invaluable role in the exponential development of wheel sports.
Hailed by insiders as a pioneer of the modern municipal skatepark, Aaron has also spent considerable effort promoting the industry as a whole and sharing his extensive knowledge – leading the ASTM committee that created safety standards for public skateparks and lecturing at parks and recreation conferences across the country.
SKILLS + EXPERTISESKILLS + EXPERTISE
SKATEPARK DESIGN/BUILD
CARPENTRY | CONCRETE
COMMUNITY ENGAGEMENT
MASTER-PLANNING | ASTM
SKATEPARK OPERATIONS
GOVERNMENT CONTRACTING
PROJECT MANAGEMENT
PROJECT ROLE:PROJECT ROLE:
Principal-in-Charge
EDUCA TION:EDUCA TION:
School of Hard Knocks
EXPERIENCE:EXPERIENCE:
40+ years skateboarding
25+ years in skatepark industry
ACCREDITATIONS:ACCREDITATIONS:
National Recreation & Park Association
California Park & Recreation Society
BACKGROUND:BACKGROUND:
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SUBCONSULTANT
SPOHN RANCH, INC. | LET’S ROLL.
[email protected] | 626.330.5803 | 6824 S CENTINELA AVE. LOS ANGELES, CA 90230
SPOHN RANCH SKATEPARK DESIGN CONSULTANT
VINCE
ONEL
PRINCIPAL + VP OF DESIGNPRINCIPAL + VP OF DESIGN
Vince grew up in Iowa and discovered skateboarding at age 10. After years of being chased by police on the campus where his father worked as a professor, Vince joined forces with fellow Iowa City skateboarders to advocate for a public skatepark. Advocacy efforts paid off and the park was successfully constructed in 2002. Lessons learned during this effort and a passion for architecture and construction paved the way for a bachelor’s degree at the University of Southern California. Since joining Spohn Ranch in 2008, Vince’s AutoCAD and critical thinking skills have led interdisciplinary teams for 150+ projects across 40+ states – always focused on not only innovative design, but also steadfast schedule and budget.
SKILLS + EXPERTISESKILLS + EXPERTISE
SKATEPARK DESIGN | AUTOCAD
LANDSCAPE ARCHITECTURE
SITE ANALYSIS | CONCRETE
GRADING & DRAINAGE | steel
COST ESTIMATING | SCHEDULING
GOVERNMENT CONTRACTING
PROJECT MANAGEMENT
PROJECT ROLE:PROJECT ROLE:
Project Manager
& Lead Designer
EDUCATION:EDUCATION:
Bachelor of Science,
University of Southern California
EXPERIENCE:EXPERIENCE:
25+ years skateboarding
15+ years in skatepark industry
ACCREDITATIONS:ACCREDITATIONS:
LEED Green Associate
World of Concrete (Concrete Fundamentals)
BACKGROUND:BACKGROUND:
• Stanton Skatepark - Stanton, California
• Tustin Legacy Skatepark - Tustin, California
• Harbor City Skatepark - Los Angeles, California
HIGHLIGHTED PROJECT LIST:HIGHLIGHTED PROJECT LIST:
• Manzanita Skatepark - Anaheim, California
• X Park - La Quinta, California
• George Lane Skatepark - Quartz Hill, California
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SUBCONSULTANT
12371 Lewis Street, Suite 203, Garden Grove, CA 92840 │ 714.740.8840 │ fax: 714.740.8842
Surender Dewan, P.E., President
EDUCATION: Bachelor of Science, Civil Engineering
Delhi University, 1970
Master of Science, Civil Engineering
University of Washington, 1978
REGISTRATION: Civil Engineer, California
RCE 34559
SWRCB Certified QSD 20924
Mr. Dewan, President of DMS Consultants, Inc., has more than 30 years of professional experience in the design of Public Works projects. Mr. Dewan is responsible for performing and/or coordinating engineering design and other related technical services including project management; preparation of plans, specifications, estimates, design; and evaluation of major municipal projects.
MUNICIPAL PROJECTS
▪ Euclid Street Roadway Improvements - Fountain Valley ▪ State College Boulevard Rehabilitation Project - Fullerton ▪ San Dimas Avenue Improvements - San Dimas
▪ Hollydale Community Park - South Gate
▪ Del Amo Boulevard Street Improvements - Cerritos
▪ Madonna Area Street, Sewer & Water Reconstruction - Fullerton ▪ San Dimas Wash Trail - Glendora
▪ Via Verde Reconstruction Project from Covina Hills Street to Puente Street - San Dimas ▪ Chapman Avenue Rehabilitation Project from Berkeley Avenue to Raymond Avenue - Fullerton ▪ Bastanchury / Valencia Mesa Bile Path - Fullerton ▪ FY 2014-15 Street Improvements, Sewer and Water Main Replacement - Fullerton ▪ Design of Caltrans Curb Ramp Construction Plans, Studebaker Road at State Route 91 - Cerritos ▪ MacArthur Boulevard Pavement Reconstruction - Newport Beach ▪ Placentia Avenue Reconstruction - Fullerton
▪ Big Canyon Reservoir Auxiliary Maintenance Yard - Newport Beach ▪ Grand Avenue Beautification Project - Diamond Bar ▪ Covina Boulevard and Cataract Avenue Street Improvement Project - San Dimas ▪ Kings Road Reconstruction Project - Newport Beach
▪ Eastbluff Drive Street Rehabilitation Project - Newport Beach ▪ Seal Beach Boulevard and Lampson Avenue Median Improvement Project - Seal Beach ▪ Ocean Avenue Street Improvement Project - Seal Beach ▪ Marquardt Avenue 183rd to Artesia Boulevard Median Improvements - Cerritos ▪ Jamboree Road Rehabilitation, Ford to San Joaquin and Bristol to University - Newport Beach ▪ Arrow Highway Street Resurfacing and Restoration Project - San Dimas ▪ San Dimas Canyon Road, Landscaped Median and Street Restoration Project - San Dimas ATTACHMENT 1
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SUBCONSULTANT
Design West Engineering
LEO MAYA, PE, LEED AP
Principal Electrical Engineer
With over 20 years of electrical design experience, Leo has been a key part of Design West since 2005. Leo has worked on a wide array of projects including large commercial and industrial buildings, health care and institutional facilities, sports field lighting, street and area lighting, golf course electrical systems, and various dry utility designs. His dedication to maintaining long-term client relationships and his diverse electrical background have made him the natural selection to head up our Electrical Department in 2009. Leo’s continuing education keep him up to date with the latest lighting and energy efficient technologies. Leo is an ongoing student of Engineering Management at Arizona State University and holds a CA electrical PE license.
ROY MORALES
Electrical Department Head, Associate
Roy has relationships with many of the local agencies after providing years of reliable design and service to this clientele. His experience includes design for buildings, sports fields, street lighting, and solar photovoltaic systems.
Roy is a Senior Project Manager as well as the Electrical Department Head for the San Bernardino office. Roy joined the Design West team after working several years with Dream Engineering when the company was bought out in 2009. Roy brought an expertise in electrical applications, including parks and street projects, along with municipal projects such as essential service facilities, community buildings, government operations facilities, and aviation buildings. Roy is a proven team leader, both in how he runs his teams internally, and how he runs his project teams when working with clients.
ARCADIO NUNGARAY
Electrical Project Manager
Arcadio joined Design West in 2010 as an Electrical Project Designer and has operated a Project Manager since 2015 with a project team including 3 supporting staff. As a resident design software expert, Arcadio also serves the team as CAD Manager and Bluebeam Manager . Arcadio excels at fast pace and rapid turn-around projects. His body of work is largely focused on parks and recreation facilities, government buildings, department of defense work, NASA, and solar photovoltaics. He is known for his responsiveness and thorough communication. Arcadio maintains his project deadlines in a resourceful and competent manner for each of his clients.
DESIGN WEST ENGINEERING | KEY PERSONNEL
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11 WORK PLAN
Let’s Roll! A unique, new, modern, state of the art skate park for Costa Mesa will be designed by the renowned skater/designers of Spohn Ranch. The park setting, access, aesthetics and delivery of the plan set will be guided by the award winning landscape architects at David Volz Design. This team has delivered several outstanding public skate and park venues across the southland.
Hosting fun and intense community stakeholder meetings, garnering inspiration and insights from participants, and putting forward outstanding, unique design options is the promise of the DVD/Spohn Ranch team. Parks in Orange County and throughout the southern California designed by these partners have garnered awards and online accolades from community leaders and the skate community. The large skate facility in Stanton Central Park is a legacy facility that resulted from a solid collaboration between the DVD park designers, Spohn Ranch’s skater/designers, and the enthusiastic youths of the Stanton community. This award- winning Stanton Park is of similar size to the new facility proposed at Costa Mesa’s Arlington facility. The detailing, skate lines, jumps, boxes, curves, and ramps resulted from lively discussions about the unique character and culture of the stake-holding community.
For the new Costa Mesa community, the same design team
leaders will work with Costa Mesa’s skaters to design a unique state-of-the-art expansion of the existing well used park.
The design development will include 3D graphics, renderings, and working schematics to convey design ideas and options to the community. Upon consensus, a final design development package will be prepared for your civic leader’s review. Presentations will be made to the public parks commission and city council. Upon final approval of your civic leader’s preparation of construction bid documents will commence.
The skate park design team will work with our engineering partners to address civil engineering, lighting, and geotechnical aspects of the design detailing. These engineering partners have work with DVD on several park and community improvement projects in the past, including the play lot (airplane park) at Lions Park, the park enhancement at Jack Hammett Park, as well as the bike trail and streetscape improvements along Harbor Boulevard. Our team is adept at delivering a great project in Costa Mesa and for agencies throughout Southern California.
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12 WORK PLAN
SKATE PARK EXPANSION PROGRAM
1. Expand the existing skate park by 15,000 square feet
2. Provide viewing areas at the park
3. Provide access to the expanded facilities
4. Extend the existing fencing to encompass the new facility
5. Provide site stormwater drainage
6. Provide security system, lights, camera installation
7. Protect existing trees where possible
8. Provide state of the art sports lighting consistent with the current musco “green light” system
9. Restore, refurbish the park landscape surrounding the expanded facility
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13 WORK PLAN
David Volz Design is committed to delivering public landscapes that are sustainable and beautiful. We embrace the principles of design that encourage stewardship of our resources, respect for the environment and creative sustainable practices. Through our affiliation with LEED’s, we identify and quantify the sustainability of our designs. Our team has extensive experience with Public Works Agencies delivering storm water management practices that mimic natural hydrological cycles. We implement integrated management practices into every project.
Low Impact Design development (LID) is an alternative site design strategy that uses natural and engineered infiltration and storage to control storm water where it is generated. Projects under LIDs design are uniquely site specific in their effort to reduce runoff and volume, reduce pollutants and fertilizers, and maintain pre-development surface temperatures. All of which are problematic for conventional storm water management. Key goals include reducing downstream flooding, erosion, and scour from natural waterways. Benefits of LID practices include cost saving over expensive infrastructure.
Utilizing bio-swales and sunken lawns allow for the discernment and infiltration of runoff. Bio-swales offer opportunities for biodiversity utilizing native plant material that can remedy the degradation of native habitats. Additionally, LID aesthetics can enhance and beautify the built environment and landscapes by use of pervious pavers and alternative natural paving materials.
A beautiful and sustainable landscape starts with a clear understanding of the client’s requirements, the site and environs and a creative approach to the design process. Water efficiencies, energy use reductions, waste reduction, recycled content and localized material’s sourcing can all be quantified and are an integral part of our design. Resource conservation through the use and specification of recycled and reused materials and identification of locally sourced goods are important sustainability issues. Water resources are conserved through our thoughtful low water use planting schemes, precise irrigation layout and control systems, as well as, stormwater capture, cleaning and reuse. For pollution prevention, stormwater recycling plans are embraced and integral to our designs. On-site water detention, bio filtration, permeable pavement, and many other measures are creatively incorporated into the landscapes we design.
David Volz Design is dedicated to the opportunity and challenge of creating unique spaces and special places that draw inspiration from the environs and the community. David Volz Design believes the very definition of sustainability speaks of environments that are well used and enjoyed, and maintainable over time. We at DVD believe that the ultimate measure of sustainability of any public space has to be high use and enjoyment over the long term.
Low Impact Design Benefits
• Reduce runoff/reduce
flooding
• Reduce pollutants &
fertilizer
• Reduce sediment runoff &
scour
• Improved infiltration
ground water recharge
• Cost savings over
conventional design
• Biodiversity in the urban
habitat
• Streamlined design
functionability
• Aesthetics
Low Impact Design IMPs
Non-Structural:
• Reduced impervious areas
• Disconnect from
conventional storm water
systems
• Reduce disturbed areas of
development
• Minimize grading/reduce
construction impacts
• Preserve natural drainage
and vegetation
Structural:
• Bioretention including
vegetated swales and bio-
swales
• Permeable pavements
• Green roofs
• Cisterns / Recycling
Storm Water Retention & Cleaning
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14 WORK PLAN
For any community inspired design program, DVD envisions a robust community engagement process. Our initial community meeting will be a participatory community brainstorming session focused on gathering ideas for developing a park master plan. Our preparation for this input will include site reviews and analysis of the plans and documents related to this park site. We will gather “seed” ideas from city staff and from our own site reviews. Our team will assist in the preparation of notices and graphics to get the word out - to invite the community to help design their park.
We will begin the initial workshop with an on site tour of the park to clearly identify the setting. To foster the “brainstorming” session, our team will introduce “seed” ideas that will encourage thoughtful responses and open the discussion for brainstorming and continued idea generation. We will look to the community for ideas about possible improvements, including ideas for enhancement, family recreation and complimentary opportunities to develop the design of an outstanding park plan.
The DVD team will take the ideas and inspirations received from the community at the initial design charrette meeting and refine the ideas and proposed elements into initial concept plans.
These conceptual layouts will be presented to city staff in an idea consolidation meeting. The best ideas and themes will then be refined into conceptual plans for the community to consider. The second community workshop will be a bit more formal. The refined initial concept plans will be presented, and the ideas reviewed.
We will look for agreement from the participants on the elements which will become a part of the draft master plan. Comments and input will be received to refine the park’s vision and program and to obtain consensus for the improvement elements for the park.
Following, a draft master plan and draft design report will be prepared. This plan will then be presented to the public and the Commission or Council for review and comment. Upon the city leader’s direction a final master plan will be prepared.
The Master Plan, which will be the focus of our planning efforts, will be the culmination of the community’s ideas being honed into a final graphic representation of the best development strategy for this park. A report will also be prepared outlining the input process and describing the program and development elements. Also, a preliminary construction budget will be a part of this project report.
The community workshops that we facilitate are the best medium for finding out what the citizenry desires. Allowing the community to stand in a place of ownership aids in a smooth planning process.
In the long term, this ownership translates into projects that are sustained by the community.
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15 WORK PLAN
WHAT IF A VISUALIZATION OF AN IDEA COULD BRING CLARITY
TO THE DESIGN INTENT? COULD ALLOW FOR ENLIGHTENED
CONSIDERATION AND UNDERSTANDING?
The David Volz Design studio has a robust graphic design component, and skilled professionals adept at delivering graphics and images, including immersive 3-dimensional fly throughs that communicate our design ideas before moving ahead with the project’s engineering.
Communication is the key to understanding. The photo-realistic renderings, computer-generated 3D models, and images of the project style, detailing, form, and function provide a clear understanding of the project concepts. Our creative and innovative designs are beautifully rendered for review and consideration of civic leaders, our collaborative partners, and the general public.
Our visualizations have resulted in great feedback and design considerations, great “Now I Get It” moments, and enthusiastic approvals of concepts, ideas, and projects.
The DVD team has proven capabilities for the graphic presentation of the ideas and the layout for review of the park’s conceptual layout. We will prepare artist renderings, 3D fly through videos and photo realistic pictures to describe the many elements we plan to include in this development. We will ready all our renderings for social media posting and for use in city communications.
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16 TASK 1 - PROJECT INITIALIZATION
1.01 Initial kickoff meeting with city project staff
a. Review project criteria and program
objectives
b. Review procedures and design
schedule
c. Assign calendar dates to each
milestone
1.02 Background Research
a. Collect available data and maps
b. Review site plans and documents
e. Review initial opportunities
• Identify opportunities and
constraints
• Identify surrounding uses and
connections
1.04 Prepare base map and exhibits for
planning purposes
1.05 Preliminary Engineering Studies
a. Geotechnical soils report and
percolation testing
b. Site topographic survey
c. Initial hydrology review
TASK 2 – COMMUNITY WORKSHOP
2.01 Initial community review and workshop
a. Meet with the community on site
• Conduct site walk
• Discuss opportunities and
objectives
• Review limitations and challenges
• Review program opportunities
• Facilitate design charrette with
community/stakeholders
• Gather initial ideas and direction
2.02 Document input received
a. Prepare summary of input from
community
b. Annotate maps with community
insights
WORK PLAN
2.03 Second community workshop
a. Present preliminary concept plans (2)
• Program elements review
• Idea and vision consolidation
• Options, alternatives, and theme
considerations
• Concept discussion and
recommendation
• Define community consensus and
collective vision
b. Document input received
• Prepare summary of input from
community
• Annotate maps with community
insights
2.04 Meeting with city staff to review work to
date
MEETINGS & DELIVERABLES
Review meeting with staff (1)
Community outreach meeting (3)
Community outreach exhibits
TASK 3 – PRELIMINARY CONCEPT PLANS (2
ANTICIPATED)
3.01 Review input received from previous
community outreach with city project team
3.02 Prepare preliminary concept plans (2)
a. Develop designs for park
improvements
b. Develop concepts and alternatives
c. Refine and consolidate ideas
d. Color-rendered plan view graphics
e. Style pictures depicting ideas for
improvements
f. Plant palette display
3.03 Construction cost budget estimates
a. Prepare analysis of construction cost
for each plan options
3.04 Presentation to Parks and Community
Services Commission
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17 MEETINGS & DELIVERABLES
Review meeting with staff
Preliminary concept plans
3D renderings and graphic
Construction cost budget
Presentation
Presentation Exhibits
TASK 4 – FINAL CONCEPT PLANS AND
REPORTS
4.01 Prepare final concept plan
a. Review schematic layouts with city
staff, obtain direction to prepare final
concept plan
b. Refine/revise preliminary concept plan
per comments
4.02 Update and refine 3D renderings (2)
4.03 Update construction cost budget estimates
4.04 Presentation to the Parks Commission and
to the City Council (2)
MEETINGS & DELIVERABLES
Review meeting with staff
Final concept plans
3D renderings and graphic
Construction cost budget
Presentation to commission and council
Presentation exhibits
TASK 5 - CONSTRUCTION DOCUMENTS (60% &
90% SUBMITTALS)
5.01 Prepare construction drawings
a. Skate Park construction plan and
details
b. Irrigation plan and details
c. Landscape plan and details
d. Civil plan and details
e. Electrical plan and details
5.02 Prepare technical specifications
5.03 Prepare construction cost budgets
WORK PLAN
5.04 Submittal/review at 60% and 90%
MEETINGS & DELIVERABLES
Construction plans (60 % and 90% submittals)
Construction technical specifications
Construction budget estimate
City staff meetings
Meeting summaries
TASK 6 - FINAL CONSTRUCTION DOCUMENTS
6.01 City project team review of work-to-date
6.02 Update construction drawings per city
comments
a. Skate Park construction plan and
details
b. Irrigation plan and details
c. Landscape plan and details
d. Civil plan and details
e. Electrical plan and details
f. Technical specifications
g. Construction cost estimates
6.03 Internal quality control review
MEETINGS & DELIVERABLES
Final construction bid documents
Construction technical specifications
Construction budget estimate
City staff meetings
Meeting summaries
ATTACHMENT 1
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EXPANSION OF SKATE PARK, CITY OF COSTA MESA DVD
18 TASK 7 - CONSTRUCTION PERIOD SERVICES
7.01 Bidding Assistance
a. Provide answers to pertinent pre-bid
questions
b. Assist the city in evaluation of bids
7.02 Construction Assistance
a. Attend pre-construction meeting
b. Respond to project Requests for
Information (RFI’s) and Submittals
c. Participate in construction progress
meetings and prepare meeting
summary notes
MEETINGS & DELIVERABLES
Bidding assistance
RFI responses, instructions
Meeting summaries
City staff support services
WORK PLAN
ATTACHMENT 1
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19 WORK PLAN
PROJECT SCHEDULE
Scope of Services WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 WK 11 WK 12 WK 13 WK 14 WK 15 WK 16 WK 17 WK 18 WK 19 WK 20 WK 21 WK 22 WK 23 WK 24 Project Initialization
Community Outreach
Preliminary Concept Plan 50%
Final Concept Plan
Construction Documents (60% & 90% submittal)
Final Construction Documents
Construction Period Services
Scope of Services WK 25 WK 26 WK 27 WK 28 WK 29 WK 30 WK 31 WK 32 WK 33 WK 34 WK 35 WK 36 WK 37 WK 38 WK 39 WK 40 WK 41 WK 42 WK 43 WK 44 WK 45 WK 46 WK 47WK 48 Project Initialization
Community Outreach
Preliminary Concept Plan 90%
Final Concept Plan
100%
Construction Documents (60% & 90% submittal) 60% 90%
Final Construction Documents 300%
Construction Period Services
Work effort Milestone City review
MONTH 12MONTH 7 MONTH 8 MONTH 9 MONTH 10 MONTH 11
MONTH 3 MONTH 5 MONTH 6MONTH 1 MONTH 2 MONTH 4
ATTACHMENT 1
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20 DVD has an established quality control and assurance program that we undertake for all our design services, and for this project. The Principal-in-Charge will be responsible for implementation of these Quality Control measures. The primary elements include:
• Verification that required deliverables and documents noted in the Scope of Work are provided. • A Peer Review will be conducted by our senior professional staff to solicit critical comments and verify correctness.
• Retention of documents with highlighted markings and red-line comments, and verification that required revisions are incorporated into the updated documents. • Continual assessment and tracking of project schedule and budget against baseline data. • A complete construction review for constructability and biddability of the complete PS&E package will be assigned to experienced professionals on staff prior to final submittal to our client.
Notice to
Proceed
Deliver
to Client
Project
Planning
Initialize
Project
Design
Development
Final
Design
Final
Corrections Printing
1. Project Initiation
Quality Assurance Review
• Goals and objectives defined
• Scope of work defined
• Budget identified
• Schedule established
• Problem areas identified
• Checklist prepared
2. Work Plan
Quality Assurance Review
• Goals and objectives reviewed
• Work plan reviewed
• Alternative and
preliminary solutions evaluated
• Recommended
solutions defined
3. Design Confirmation
Quality Assurance Review
• Program and materials finalized
• Recommended solutions refined
• Final design defined
• Budget review
• Checklist reviewed
4. Constructability
Quality Assurance Review
• Quality assurance check for
completeness and format
• Verification check for completeness
• Biddability and constructability
review
Cost Controls
and Quality of
Design with Rich
Detailing
Online Public
Outreach Expertise
Community
Inspired Park
Design
Award Winning
Park and Sports
Field Design
Experience
in Delivery of
Projects
Creative
Designers of
Public Spaces
WORK PLAN
ATTACHMENT 1
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EXPANSION OF SKATE PARK, CITY OF COSTA MESA DVD
ATTACHMENT 1
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EXPANSION OF SKATE PARK, CITY OF COSTA MESA DVD
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