Costa Mesa City Council
February 20, 2024

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, February 20, 2024
*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.

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Technical difficulties may occur from time to time and unless required by the Brown Act, the meeting will continue despite the technical difficulties for participants using the online option.

1 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

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Agenda February 20, 2024
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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

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Agenda February 20, 2024
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].

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Agenda February 20, 2024
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 REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN:139-031-62,139-651-14
Property:1683 Sunflower Avenue, Costa Mesa, CA 92626
Agency Negotiator: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Brent Stoll, Rose Equities

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) City of Grants Pass, Petitioner v. Johnson, et al., Respondents, 9th Cir. Ct. of Appeals Nos. 20-35752 & 20-35881 (Johnson v. Grants Pass), United States Supreme Court Case # 23-175.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Moyer v. City of Costa Mesa, Orange County Supreme Court Case No. 30-2022-01248290.

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Anticipated Litigation.

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Agenda February 20, 2024

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
FEBRUARY 20, 2024 – 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: 2024 Black History Month 24-047
Proclamation: 2024 Black History MonthAttachments:

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Agenda February 20, 2024

2. Proclamation: 211 OC Month 24-063
Proclamation: 211 OC MonthAttachments:

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 Harper

2. Council Member Marr

3. Council Member Reynolds

4. Council Member Chavez

5. Council Member Gameros

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
24-032
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

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Agenda February 20, 2024

2. READING FOLDER 24-033
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Joseph Arriola, Timothy Campagna, Khosrow Jahanbin, Debbie Kaste, William Laidlaw, Walter MacDonald, Kamran Moghaddam, Tomsit Ungrangsee.

3. ADOPTION OF WARRANT RESOLUTION 24-034
RECOMMENDATION:

City Council approve Warrant Resolution No. 2711.

Summary Check Register 12-28-2023
Summary Check Register 1-08-2024
Summary Check Register 1-11-2024
Summary Check Register 1-18-2024
Attachments:

4. MINUTES 24-035
RECOMMENDATION:

City Council approve the minutes of the regular meeting of January 16, 2024. 01-16-2024 Draft MinutesAttachments:

5. AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES

AGREEMENT (PSA) WITH KEYSER MARSTON ASSOCIATES (KMA)

FOR AFFORDABLE HOUSING CONSULTING SERVICES
24-027
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Keyser Marston Associates, Inc. (KMA) to increase the not- to-exceed amount by $55,300 for a total of $155,300, in substantially the same form as attached and in such final form as approved by the City Attorney.

2. Authorize the City Manager or designee and City Clerk to execute future amendments to the agreement, so long as such amendments are within the existing City budget.

1. PSA Amend. No. 4Attachments:

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Agenda February 20, 2024

6. SPENDING AUTHORIZATION APPROVAL FOR ON-CALL

ENVIRONMENTAL, TECHNICAL AND STAFFING SERVICES LIST
24-046
RECOMMENDATION:

Staff recommends the Council:

1. Approve and authorize the City Manager and City Clerk to authorize spending authority with each consulting firm listed below through June 30, 2025, in such final form as approved by the City Attorney for on- call environmental, technical, and staffing services:
· Dudek
· ECORP Consulting, Inc.
· Environmental Science Associates
· FCS International, Inc.
· Galvin Preservation Associates, Inc.
· LSA Associates, Inc.
· Michael Baker International
· PlaceWorks, Inc.
· PSOMAS
· Sagecrest Planning and Environmental
· Stantec Consulting Services
· The Natelson Dale Group, Inc.

2. Authorize the City Manager and City Clerk to execute future amendments and spending authority with the above-listed firms including any potential increases in compensation as long as the amendments are pass-through costs from entitlement application deposit accounts or within the City ’s annual budget.

1. PSA Environmental ListAttachments:

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Agenda February 20, 2024

7. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION
PROJECT, FEDERAL PROJECT NO. CML- 5312(104), CITY PROJECT NO. 23-11
24-026
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312( 104), City Project No. 23-11, and find the project categorically exempt from CEQA.

2. Approve a Public Works Agreement (PWA) in the amount of $2,877,242, and a ten percent (10%) contingency in the amount of $287,724 to Gentry General Engineering, Inc ., 320 West Tropica Rancho Road, Colton, California 92324.

3. Approve a Professional Services Agreement (PSA) in the amount of $209,762 and a ten percent (10%) contingency in the amount of $20,976, to Interwest Consulting Group, Inc ., 444 North Cleveland Avenue, Loveland, Colorado 80537, for construction management services for the Adams Avenue and Pinecreek Drive Intersection Project.

4. Approve a budget transfer, authorizing the use of the Measure “M 2” Fairshare Fund from the Citywide Street Improvements project budget (400015) in the amount of $705,500, and appropriation of $750,000 from the Traffic Impact Fee Fund balance, to the Adams Avenue and Pinecreek Drive Intersection Project.

5. Authorize the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreement within Council authorized limits.

ENVIRONMENTAL DETERMINATION:

The proposed project is exempt from the California Environmental Quality Act (CEQA). The project involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. The proposed project is categorically exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and /or minor alteration of existing public facilities. A Notice of Exemption was prepared by City Staff and was filed and posted at the Orange County Clerk-Recorder Department on March 4, 2022. The Notice of Exemption was subsequently posted to the Office of Planning and Research on March 22, 2022.

The proposed project is categorically excluded from the National Environmental Policy Act (NEPA). Per the Code of Federal Regulations 23 CFR 771.117(c)(3),

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Agenda February 20, 2024
the construction of bicycle and pedestrian lanes, paths, and facilities are considered actions that meet the criteria for categorical exclusions from NEPA and are deemed to not have any significant environmental impacts. A Preliminary Environmental Study classifying the project as categorically excluded was submitted to the California Department of Transportation (Caltrans) on December 20, 2021. On December 21, 2021, Caltrans provided concurrence with the NEPA determination of Categorical Exclusion.

1. Bid Abstract

2. Interwest Proposal
Attachments:

8. AWARD MAINTENANCE SERVICES AGREEMENTS FOR AS

NEEDED FIRE EQUIPMENT MAINTENANCE, ANNUAL INSPECTION

AND TESTING SERVICES
24-048
RECOMMENDATION:

Staff recommends the City Council:

1. Award Maintenance Services Agreements (MSAs) to Bit Pros, Incorporated, and Performance Truck Repair, Incorporated, for as needed fire equipment maintenance, annual inspection and testing services for a five-year period, for an annual amount of $200,000.

2. Authorize a ten percent (10%) contingency of $20,000 annually for unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation.

3. Authorize the City Manager and City Clerk to execute the agreements and future amendments to the agreements within Council authorized limits.

1. MSA - Performance Truck Repair

2. MSA - Bit Pros Inc
Attachments:

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Agenda February 20, 2024

9. APPROVE INCREASES IN PURCHASING AUTHORITY TO

AGREEMENTS FOR VEHICLE PARTS AND SERVICES
24-049
RECOMMENDATION:

Staff recommends the City Council:

Approve and authorize the City Manager to execute change orders that would authorize an increase in purchase authority of up to $175,000 to each of the following purchase orders for services and vehicle parts for the remainder of the current fiscal year and annually thereafter:
· Ford Motor Company
· NAPA Auto Parts
· South Coast Emergency Vehicle Services
· Southern California Fleet Services

10. RESIDENTIAL PERMIT PARKING PROGRAM - JOANN STREET AND

FEDERAL AVENUE
24-050
RECOMMENDATION:

Staff recommends the City Council:

Adopt the proposed Resolution No. 2024-xx, approving the implementation of a Resident Permit Parking (RPP) only restriction on Joann Street between Placentia Avenue and Federal Avenue and on Federal Avenue between Joann Street and Darrell Street, and authorizing the Transportation Services Manager to extend the restriction within a 1,000-foot radius as needed, based on a qualifying petition from affected residents and Council-adopted guidelines.

1. Joann and Federal Permit Parking Resolution

2. Revised Guidelines and Policies July 2022

3. Joann and Federal Map
Attachments:

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11. DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA

CITY FIRE MANAGEMENT ASSOCIATION (CMFMA) MEET AND

CONFER AND AUTHORIZATION TO PROCEED WITH THE

FINANCIAL ANALYSIS OF THE CURRENT MOU PER THE

TRANSPARENCY IN LABOR NEGOTIATIONS COUNCIL POLICY
24-052
RECOMMENDATION:

Staff recommends the City Council:

1. Designate City Manager Lori Ann Farrell Harrison as the City ’s Principal Negotiator, Deputy City Manager Alma Reyes, Human Resources Manager Kasama Lee, Human Resources Administrator Fanni Acosta and Finance Director Carol Molina as the City ’s representatives in negotiations with the CMFMA.

2. Authorize staff to have the independent fiscal analysis of the current CMFMA 2017-2024 Memorandum of Understanding (MOU) completed per the requirements of the Transparency in Labor Negotiations Council Policy.

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------

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Agenda February 20, 2024
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. REVIEW OF THE PLANNING COMMISSION ’S DECISION TO DENY PLANNING APPLICATION 22-22 FOR A CONDITIONAL USE PERMIT

TO OPERATE A RETAIL CANNABIS STOREFRONT BUSINESS WITH
DELIVERY LOCATED AT 1858 NEWPORT BOULEVARD ( “EVOLV
HERBAL”)
24-031
RECOMMENDATION:

Staff recommends the City Council review the Planning Commission’s decision to deny Planning Application 22-22.

Agenda Report

1. Resolution for Approval

2. Resolution for Denial

3. Filed Review Application

4. Applicant supplemental letter

5. Planning Commission approved minutes

6. Planning Commission Resolution

7. Planning Commission Public Comments
Attachments:

OLD BUSINESS: NONE.

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Agenda February 20, 2024
NEW BUSINESS:

1. CITY OF COSTA MESA, COSTA MESA FINANCING AUTHORITY,

AND COSTA MESA HOUSING AUTHORITY FINANCIAL

STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR
THE PERIOD ENDING JUNE 30, 2023.
24-045
RECOMMENDATION:

1. Staff recommends the City Council receive and file the following reports for the fiscal year ended June 30, 2023:
a. Annual Comprehensive Financial Report (ACFR) (Attachment 1). b. Air Quality Improvement Fund Compliance Report (Attachment 2). c. Audit Communication Letter (Attachment 3).
d. Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets (Attachment 4).

2. Staff recommends the City Council and Costa Mesa Financing Authority receive and file the Costa Mesa Financing Authority audited financial statements for the fiscal year ended June 30, 2023 (Attachment 5).

3. Staff recommends the City Council and Housing Authority receive and file the following reports for the fiscal year ended June 30, 2023:
a. Independent Financial Audit of the Costa Mesa Housing Authority, including the Low and Moderate Income Housing Asset Fund (Attachment 6); and
b. The Fiscal Year 2022-23 Housing Successor Annual Report prepared under the California Health and Safety Code Section 34176.1 as the housing successor and Section 34328 as a housing authority (Attachment 7).

1. FY 2022-23 Annual Comprehensive Financial Report

2. FY 2022-23 Air Quality Improvement Fund Compliance
Report

3. FY 2022-23 Audit Communication Letter

4. FY 2022-23 Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets

5. FY 2022-23 Costa Mesa Financing Authority Financial
Statements

6. FY 2022-23 Costa Mesa Housing Authority Financial
Statements
Attachments:

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2. URBAN MASTER PLAN SCREENING REQUEST (UMP-21-007) FOR A MIXED-USE DEVELOPMENT AT THE CITY ’S SENIOR CENTER TO
CONSTRUCT AND OPERATE A 60-UNIT AFFORDABLE SENIOR
HOUSING PROJECT LOCATED AT 695 WEST 19TH STREET
24-038
RECOMMENDATION:

Staff recommends the City Council review and provide feedback on the proposed 60-unit mixed-use development at 695 West 19th Street located in the 19 West Urban Plan area.

Agenda Report

1. Urban Plan Summary

2. Applicant Letter

3. Conceptual Plans

4. Parking Analysis
Attachments:

3. “THE 12” GYM NOISE STUDY 24-037
RECOMMENDATION:

Staff recommends the City Council receive and file the noise study report prepared by Sound Media Fusion related to resident concerns regarding potential noise ordinance violations from business operations at “The 12” gym, located at 140 East 17th Street, Suite B, in Costa Mesa.

Agenda Report

1. Letter to Wendy Simao

2. Noise Study

3. PA-92-46 and RA-92-07 Report

4. ZA-02-29 Report

5. ZA-18-59 Report
Attachments:

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Agenda February 20, 2024

4. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF COSTA MESA (CITY) AND THE COSTA

MESA FIREFIGHTERS ASSOCIATION (CMFA) AND THE ADOPTION

OF ACCOMPANYING SALARY RESOLUTION FOR CMFA
24-053
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and Adopt the Memorandum of Understanding between the City of Costa Mesa and CMFA.

2. Approve and Adopt Resolution Number 2024-XX revising the pay ranges for CMFA.

3. Authorize the City Manager and members of the City ’s Negotiation Team to execute the Memorandum of Understanding documents.

1. CMFA Resolution

2. CMFA 2024 MOU
Attachments:

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Agenda February 20, 2024

5. ADOPT RESOLUTION APPROVING FY 2024-25 RECOGNIZED

OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE COSTA

MESA SUCCESSOR AGENCY AND THEN APPROVE DISSOLUTION

OF THE SUCCESSOR AGENCY TO THE COSTA MESA

REDEVELOPMENT AGENCY
24-002
RECOMMENDATION:

Staff recommends the City Council/Successor Agency Board:

1. Approve a Resolution of the City Council /Successor Agency Board of the City of Costa Mesa, California, approving the Recognized Obligation Payment Schedule (ROPS) in the amount of $0 for the Fiscal Year 2024 -25 (Attachment 1 and Exhibit A).

2. Approve a Resolution of the City Council /Successor Agency Board of the City of Costa Mesa, California, requesting the Oversight Board, Orange County Auditor-Controller and California Department of Finance approve of the dissolution of the Successor Agency to the Costa Mesa Redevelopment Agency (Attachment 2).

3. Direct the submission of the Resolutions to the Orange County Auditor-Controller and the California State Department of Finance.

1. Resolution ROPS FY 2023-24

2. Resolution to Dissolve the Successor Agency

3. Exhibit A -ROPS Payment Schedule 24-25
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

17 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-047 Meeting Date: 2/6/2024
TITLE:

Proclamation: 2024 Black History Month
DEPARTMENT: City Manager’s Office

18 WHEREAS, Black History Month started in 1926 when distinguished Black author and founder of the Association for the Study of African American Life and History, Dr. Carter G. Woodson, launched Negro History Week to celebrate and showcase the historical contributions of Black Americans; and WHEREAS, Dr. Carter G. Woodson selected the second week of February because it included the birthdays of Frederick Douglass and Abraham Lincoln, which had been notable dates for the Black community since the start of the twentieth century; and
WHEREAS, in 1976, it evolved into a month-long celebration, when President Gerald Ford officially recognized the month of February as Black History Month to highlight the contributions that Black Americans have made in every field, from science, the arts to politics, and religion; and
WHEREAS, the Black History Month theme for 2024, African Americans and the Arts, explores the key influence African Americans have had in the fields of visual and performing arts, literature, fashion, folklore, language, film, m usic, architecture, culinary and other forms of cultural expression; and WHEREAS, Black History Month is a time for all Americans to reflect on both the history and teachings of Black Americans and to focus on the progress, richness, and diversity of Black American achievements; and WHEREAS, Black History is not just about the struggles Black families have been through, but rather it is a time of rejoicing, celebrating accomplishments, integrity, leadership, and determination, and showing true character; and WHEREAS, the City of Costa Mesa continues to work toward becoming a more inclusive community in which all citizens are respected and recognized for their contributions and potential contributions to our community; and WHEREAS, the City of Costa Mesa is proud to honor the history and contributions of Black Americans in our community, throughout our state and nation.

NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim the month of February 2024 as Black History Month in the City of Costa Mesa and encourage all residents to join me in celebrating the diversity and character of our community and to continue to work towards the ideals of equality, freedom, and justice.

Dated this 6th day of February 2024.

_____________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
19 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-063 Meeting Date: 2/20/2024
TITLE:

Proclamation: 211 OC Month
DEPARTMENT: City Manager’s Office

20 WHEREAS, 2-1-1 OC is a trusted information and referral service that provides individuals across the county with connections to community, health, and disaster-related services; and

WHEREAS, by dialing the three-digit code (2-1-1), Orange County residents can speak with highly trained staff 24 hours a day, 365 days a year, and receive real-time assistance in over 150 languages; and

WHEREAS, 2-1-1 OC services the entire county and is available via phone, text, and web, and is tailored to provide people of all income levels, languages, and cultural backgrounds with unique resources specific to their concerns and geographic location; and

WHEREAS, 2-1-1 OC consistently assists with iden tifying emerging needs and can relay valuable insights to public officials at local, regional, and state levels; and

WHEREAS, 2-1-1 OC provides emergency operations during times of natural and other disasters, including providing accurate and timely information for preparations and longer-term referrals for follow-up services, as evidenced by its role in supporting the Orange County Office of Emergency Services during wildfires and other natural disasters; and

WHEREAS, since 2006, 2-1-1 OC call specialist s have assisted with more than 5,400,000 requests for help, averaging 300,000 per year to locate community, health, and disaster-related services; and

WHEREAS, during uncertain economic times, the demand for rapid response assistance and complex case management increases significantly; and

WHEREAS, 2-1-1 OC has demonstrated its capabilities as an experienced responder able to scale its infrastructure and offer new services quickly, such as addressing rising food insecurity and assisting people for whom online forms present language, digital literacy, or internet access challenges; and

WHEREAS, the City of Costa Mesa commits to promoting the 2 -1-1 OC service so that all Costa Mesa residents have equitable access to this critical service providing anti -poverty, housing support, family and child support, aging and disability, health equity, and disaster resource connections; and

NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim the month of February 2024 as 2-1-1 OC Month in the City of Costa Mesa. Recognizing the occasion is crucial to promoting and strengthening 2-1-1 OC, which provides Orange County community members with free and confidential referrals to needed resources.

Dated this 20th day of February 2024.

_____________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
21 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-032 Meeting Date: 2/20/2024
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

22 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-033 Meeting Date: 2/20/2024
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Joseph Arriola, Timothy Campagna, Khosrow Jahanbin, Debbie Kaste, William Laidlaw, Walter MacDonald, Kamran Moghaddam, Tomsit Ungrangsee.

23 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-034 Meeting Date: 2/20/2024
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. 2711.

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 Nos. 23-26 for $3,922,875.42, 23-26 “A”for $0.00 24-01 for $3,539,072.95, 24-02 for $3,337,783.79; and City operating expenses for $4,644,027.06.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-035 Meeting Date: 2/20/2024
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the regular meeting of January 16, 2024.

110
Minutes – Regular Meeting – January 16, 2024 Page 1 of 14

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
JANUARY 16, 2024 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:04 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Marr (Arrived 4:12 p.m.), Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Absent: Council Member Gameros and Council Member Harper.

PUBLIC COMMENTS
Dennis D’Alessio spoke on case no. 4 regarding1963 Wallace Ave.

Alisha Patterson spoke on case no. 4 regarding 1963 Wallace Ave.

Steve Cedar spoke on case no. 4 regarding 1963 Wallace Ave.

Steve Sheldon spoke on case no. 4 regarding 1963 Wallace Ave.

Grant Hermes spoke on case no. 2 regarding 440 Fair Dr. and 1779 Newport Blvd.

CLOSED SESSION ITEMS:

1. 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).

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al.
440 Fair Dr. and 1779 Newport Blvd.

Orange County Superior Court Case No. 30-2020-01170520
111
Minutes – Regular Meeting – January 16, 2024 Page 2 of 14

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D'Alessio Investments LLC v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01132646

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.

Orange County Superior Court Case No. 30-2020-01133479
City Council recessed at 4:21 p.m. for Closed Session.

Closed Session adjourned at 5:48 p.m.

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 – Led by Chara Wondercheck.

MOMENT OF SOLEMN EXPRESSION – Led by Ian Stevenson, Trellis.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Marr Council Member Reynolds, Mayor Pro Tem Harlan and Mayor Stephens.

Absent: Council Member Harper.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

The Mayor recognized Police Service Dog Bodi's Retirement.

The Mayor recognized Jennifer Le, Economic and Development Services Director.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Ida Wolf requested the large ice machine and blinds to be fixed at the Senior Center, and spoke on the Soup Kitchen needing a fence.

Charlene Ashendorf spoke on the Art Exhibit opening at the Senior Center, and introduced Ellie Brouse, who spoke on her art exhibit.

Dr. Wes Smith, Superintendent, Newport Mesa Unified School District, praised the leadership in the City.

Flo Martin spoke on the Pledge of Allegiance and is thankful for living in the United States.

Speaker, spoke on Domestic Violence and assisting individuals and families. 112
Minutes – Regular Meeting – January 16, 2024 Page 3 of 14 Kim Hendricks spoke on Fairview Park.

Marc Vukcevich spoke on housing, Assembly Bill 413 regarding not parking within 20 feet of crosswalks and requested markings or signage, and spoke on bicycle and scooter storage.

Speaker, extended personal thanks to Ms. Le, thanked the Public Works Department for the installation of the raised crosswalks at Pomona Avenue and Sterling Avenue and at Meyer Place and Bay Street, and for the new Hawk signal and crosswalk at Wilson Park, thanked the City Manager and Parks and Community Services Department for opening up West Side park space, and thanked the Finance and Police Departments for the animal shelter contract.

Urson Russell, Costa Mesa Brief reporter, spoke on previous reports on Measure AA and Measure BB and is working on a follow up story regarding Fairview Park and future plans, and requested a meeting with Kelly Dalton, Fairview Park Administrator, City Manager Farrell Harrison, and/or Council Member Reynolds.

Latricia Ortiz spoke on receiving flyers for events at Shalimar Park and requested information on future activities, and spoke on street sweeping on Wednesdays and patrolling for parked cars.

Speaker, spoke on Fairview Park, archeological sites, and native species.

Cynthia McDonald spoke on the Environmental Impact Report for the Emergency Operations Center, and the proposed Helicopter Pad.

Alexander Haberbush, attorney, spoke against a proposed conditional use permit for a retail cannabis store at 1858 Newport Blvd, and spoke against the proliferation of cannabis businesses.

Speaker, congratulated Bodi on retirement, requested insurance for his future veterinary care, and spoke against the Helicopter Pad at the Emergency Operations Center.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Gameros wished all a Happy New Year and thanked all students for attending.

Council Member Marr wished all a Happy New Year and spoke on being available to meet with the public.

Council Member Reynolds shared optimism for the upcoming year, spoke on projects coming to fruition, spoke on the lighted crosswalk on Wilson Street, spoke on the Tenant Protection Ordinance workshop, and spoke on hearing from the public. 113
Minutes – Regular Meeting – January 16, 2024 Page 4 of 14 Council Member Chavez thanked staff for traffic slowing measures at Meyer Street and Pomona Avenue, spoke on street vendors blocking sidewalks and requested more patrolling between Wallace Avenue and Pomona Avenue on 19 th Street, spoke on a lack of ticketing on Charle Street, and spoke on the Costa Mesa 311 App for reporting purposes.

Mayor Pro Tem Harlan thanked Costa Mesa United for the Charity Golf Tournament the Gordon Bowley Charity Classic, spoke on the Fairview Developmental Center Workshops, requested an update on the noise study for The 12 gym, and requested to remove the plexiglass in the Council Chambers.

Mayor Stephens spoke on attending the Apartment Association of Orange County meeting and being recognized for the Tenant Protection Ordinance, spoke on attending an event for the Orange County Youth Sports Foundation, spoke on the Arts and Learning Conservatory show called Music of the March at Barclay Theater, spoke on attending the Gordon Bowley Charity Classic event, congratulated Jake Knapp for playing his first PGA tour event, and spoke on adjourning the meeting in memory of Shawn Davidson.

REPORT – CITY MANAGER – NONE.

REPORT – CITY ATTORNEY – Ms. Hall Barlow reported that a mediated settlement has been reached for Leaman v. the City of Costa Mesa with no damages paid by the City and a waiver of costs only.

CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve the Consent Calendar except for Item Nos. 10 and 12.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0

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: George Abrina, Forrest Ascarrunz, Teresa Beck, Noreen Becker, Bryan Bennani, Automobile Club as Subrogee of Bryan Bennani, Andrea Grigsby, Amelia Salehpour, Antonio Urresti. 114
Minutes – Regular Meeting – January 16, 2024 Page 5 of 14

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2710.

4. MINUTES
ACTION:

City Council approved the minutes of the regular meeting of December 5, 2023 and the Study Session meeting of December 12, 2023.

5. REVIEW AND APPROVE RECOMMENDED CITY COUNCIL MEETING CALENDAR FOR 2024
ACTION:

City Council reviewed and approved City Council Meeting Calendar for 2024 and cancelled the Tuesday, November 5, 2024, City Council Meeting due to Election Day.

6. APPROVAL OF MAYOR’S APPOINTMENTS TO THE TRANSPORTATION

CORRIDOR AGENCIES
ACTION:

City Council approved the Mayor’s appointments to the Transportation Corridor Agencies (TCA): Appointee - Mayor John Stephens and Alternate - Councilmember Arlis Reynolds.

7. SECOND READING AND ADOPTION OF ORDINANCE NO. 2024-01 AMENDING TITLE 13 (PLANNING, ZONING, AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S OUTDOOR DINING PROVISIONS (CODE AMENDMENT PCTY-23-0002)
ACTION:

City Council gave second reading to and adopted Ordinance No. 2024-01 approving Code Amendment PCTY-23-0002, amending Title 13 (Planning, Zoning, and Development) of the Costa Mesa Municipal Code to modify the City’s Outdoor Dining provisions.

8. AUTHORIZATION FOR THE RETIREMENT OF POLICE SERVICE DOG BODI AND

THE SALE OF POLICE SERVICE DOG BODI TO OFFICER GEORGE MARIDAKIS ACTION:

1. City Council approved the retirement of Police Service Dog Bodi after five years of outstanding service to the community.

2. Authorized the City Manager or designee to execute the purchase agreement for the sale of Police Service Dog Bodi to Officer George Maridakis. 115
Minutes – Regular Meeting – January 16, 2024 Page 6 of 14

9. AUTHORIZATION FOR THE PROCUREMENT OF DATA ANALYTICS SOFTWARE

WITH PEREGRINE
ACTION:

1. City Council approved the purchase of data analytics software based on pricing provided through a cooperative agreement with the City of Fremont, No.21-0113.

2. Authorized the purchase of data analytics software under the awarded Organized Retail Theft Prevention Grant (ORT) with Peregrine Technologies in the amount of $315,000.

3. Authorized the City Manager and City Clerk to execute an agreement with Peregrine Technologies in a form approved by the City Attorney.

11. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE

KETCHUM-LIBOLT PARK EXPANSION PROJECT
ACTION:

1. City Council awarded the Professional Services Agreement (PSA) to Architerra Design Group, Inc., 10221-A Trademark Street, Rancho Cucamonga, California in an amount not to exceed $193,098 for the design of improvements and expansion of Ketchum-Libolt Park located at 2150 Maple Street, Costa Mesa.

2. Authorized an additional ten percent (10%) contingency in the amount of $19,310 as needed for any unforeseen costs related to this project.

3. Authorized the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement within Council authorized limits.

13. ACCEPTANCE OF THE JACK HAMMETT SPORTS COMPLEX EXPANSION PROJECT, CITY PROJECT NO. 21-05
ACTION:

1. City Council accepted the work performed by Horizons Construction Company International, Inc., 432 West Meats Avenue, Orange, California 92865, for the Jack Hammett Sports Complex Expansion Project, City Project No. 21-05, and authorized the City Clerk to file the Notice of Completion.

2. Authorized the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code 7107(c).

14. CLEAN MOBILITY OPTIONS PILOT PROGRAM AND OCTA PROJECT V GRANT

FOR COMMUNITY BASED TRANSIT
ACTION:

1. City Council adopted Resolution No. 2024-01, approving participation in the Clean Mobility Options Voucher Pilot Program.
116
Minutes – Regular Meeting – January 16, 2024 Page 7 of 14

2. Adopted Resolution No. 2024-02, approving the submittal of a grant application for the Community-Based Transit/Circulators Program (Project V) under the Orange County Transportation Authority’s (OCTA’s) Comprehensive Transportation Funding Program (CTFP).

ITEMS PULLED FROM THE CONSENT CALENDAR

10. PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE

SHALIMAR PARK EXPANSION PROJECT
Public Comments: None.

MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0
ACTION:

1. City Council awarded Professional Services Agreement (PSA) to Community Works Design Group, Inc., 7111 Indiana Avenue, Suite 300, Riverside, California in an amount not to exceed $158,970 for the design of improvements and expansion of Shalimar Park.

2. Authorized an additional ten percent (10%) contingency in the amount of $15,897 as needed for any unforeseen costs related to this project.

3. Authorized the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement within Council authorized limits.

12. AWARD OF THE LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09
Public Comments:

Speaker, spoke on considering the impact on neighbors when lighting is installed.

Cynthia McDonald thanked staff for the Tennis Center lighting. 117
Minutes – Regular Meeting – January 16, 2024 Page 8 of 14 MOVED/SECOND: Mayor Pro Tem Harlan/Council Member Reynolds MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0
ACTION:

1. City Council adopted plans, specifications, and working details for the LED Lighting Installation at City Parks and Athletic Facilities Project, City Project No. 23-09.

2. Authorized the City Manager and City Clerk to execute a Public Works Agreement (PWA) in the amount of $759,700, and future contract amendments within City Council authorized limits to RMF Contracting, Inc., 1523 North Harmony Circle, Anaheim, California 92807.

3. Authorized a ten percent (10%) contingency in the amount of $75,970 for unforeseen construction and miscellaneous costs related to the project. --------------------------------------END OF CONSENT CALENDAR---------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY PLANNING APPLICATION 22-45 FOR A NEW PUBLIC CHARTER HIGH SCHOOL (“VISTA MERIDIAN GLOBAL ACADEMY”) AND A MINOR CONDITIONAL USE PERMIT FOR SMALL CAR PARKING LOCATED AT 1620 SUNFLOWER AVENUE
Presentation by Gabriel Villalobos, Assistant Planner.

Dr. Don Wilson, Superintendent, Vista Meridian Academy, spoke on the project, spoke on their Charter, and spoke on the school curriculum.

Mr. Joseph Smith, Land Use Consultant, spoke on the Conditional Use Permit and land use matters.

Eric Nguyen, Property Owner, spoke in support of the project.

Public Comments:

Written communications received from Daniel Bistany, Justin Nassie, Wallid Kazi, Anna Schlotzhauer and Jim Bergman, and Ed Salcedo.
118
Minutes – Regular Meeting – January 16, 2024 Page 9 of 14 Dr. Wes Smith, Superintendent, Newport Mesa Unified School District, Smith spoke on Proposition 39, the charter, the legal notices to the school district, spoke on the impact to the school district, expressed concern on the single ingress/egress, and requested the Council to deny the application.

Speaker, spoke in favor of the item.

Speaker, spoke on the legal notices to the school district, and spoke in opposition of the item.

Jeff Trader, Assistant Superintendent of Newport Mesa Unified School District, spoke on the average daily attendance, and spoke in opposition of the item.

Speaker, spoke in favor of the item.

Sue Ann Evans, legal counsel for Newport Mesa Unified School District, spoke in opposition of the item.

Victor Jimenez, Costa Mesa, spoke in opposition of the item.

Christine Flores spoke in favor of the item.

Toby Nguyen, Costa Mesa, spoke in opposition of the item.

Trent Speier, Principal of Vista Meridian Global Academy, spoke in favor of the item.

Speaker, spoke in opposition of the item.

Brianna Williams, spoke in favor of the item.

Robert Sterling, spoke in opposition of the item.

Dianne Russell, Costa Mesa, spoke in opposition of the item and on the flow of traffic.

Speaker, spoke in opposition of the item.

Dr. Liz Dorn Parker, spoke in opposition of the item.

Marc Vukcevich, questioned if the item creates a school zone.

Speaker, spoke in favor of the item.

Ricardo Vazquez spoke in favor of the item.
119
Minutes – Regular Meeting – January 16, 2024 Page 10 of 14 Speaker, spoke in favor of the item.

Speaker, spoke in opposition of the item.

Speaker, spoke in favor of the item.

City Council recessed into a break at 9:30.

City Council reconvened at 9:42.

The applicant requested a continuance of the item.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Harlan
MOTION: Continue the item.

The motion failed by the following roll call vote:

Ayes: Mayor Pro Tem Harlan and Mayor Stephens.

Nays: Council Member Chavez, Council Member Gameros, Council Member Marr, and Council Member Reynolds.

Absent: Council Member Harper.

Abstain: None.

Motion failed: 2-4-1
MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Uphold the Planning Commission’s decision.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, and Mayor Pro Tem Harlan.

Nays: Mayor Stephens.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 5-1-1
ACTION:

City Council upheld the Planning Commission’s decision to deny Planning Application 22-45.
120
Minutes – Regular Meeting – January 16, 2024 Page 11 of 14

2. AN ORDINANCE AMENDING TITLE 13 (PLANNING, ZONING AND DEVELOPMENT)

OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH AFFORDABLE

HOUSING REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT PROJECTS Presentation by Nancy Huynh, Principal Planner.

Public Comments:

Written communications received from Priscilla Rocco, Jenn Tanaka, and Adam Wood, representing the Building Industry Association.

Jay Humphrey, Costa Mesa, spoke on in-lieu fees.

Adam Wood, Building Industry Association, spoke on State mandates, stated the ordinance is not incentive based, spoke on project threshold size, compared the ordinance to other cities, and spoke on exemptions for development agreements.

Jenn Tanaka spoke on Measure K and housing, spoke on in-lieu fees, and spoke on market rate housing.

Marc Vukcevich spoke on affordable housing and being competitive in the market.

Dianne Russell spoke in opposition of the ordinance as written.

Speaker, spoke on land value and expressed concern on the 10% and 5% thresholds in the ordinance.

George Sakioka spoke on land dedication, affordability, and allowing an exemption for development agreements.

Kathy Esfahani, Affordable Housing Coalition, spoke in opposition of the ordinance as written.

Christine Nolf spoke on increasing the inclusionary requirements.

Cynthia McDonald spoke in opposition of the ordinance as written.

Cesar Covarrubias, Executive Director of the Kennedy Commission, expressed concern on the in-lieu fees and the current requirements for affordable housing.

Speaker, Resilience Orange County, spoke on increasing the affordability percentages and spoke on renting affordability.

Speaker, spoke on increasing the affordability percentages and spoke on in lieu fees. 121
Minutes – Regular Meeting – January 16, 2024 Page 12 of 14 MOVED/SECOND: Mayor Pro Tem Harlan/Mayor Stephens
MOTION: Continue the item to a date uncertain and bring back the ordinance for Council consideration along with the in-lieu fee resolution.

SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Reynolds SUBSTITUTE MOTION: Approve staff recommendation with the following changes: set the project threshold at 15 units instead of 10 units, for rental projects onsite production required for projects greater than 50 units, set affordability requirements to be 60+ dwelling units per acre at 12% low income and 8% very low income and under 60 units per acre maintain the staff recommendation at 6% low income and 4% very low income, for ownership projects require payment of in lieu fees only, and change section 13-331 to read: “The following are the alternative options to fulfill the requirements of this chapter if onsite production of affordable units is determined by the director or their designee to be economically infeasible and would impose an extreme hardship, or if it is determined to lead to a better planning result and/or additional affordable units. The director or their designee’s determination shall be made based upon evidence provided by the applicant.”
Mayor Stephens requested the exception of Development Agreements.

Council Member Marr (1st) and Council Member Reyolds (2nd) agreed to the change.

Council Member Chavez requested a flat rate of 10 low income units and 5 very low income units at 50 units per acre.

Council Member Marr (1st) offered to change the motion to staff recommendation.

Council Member Chavez requested to exempt the South Coast Plaza property.

Council Member Marr (1st) did not agree to the change.

Discussion ensued on bringing the ordinance back with the in-lieu fee resolution at the same time.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Continue meeting past midnight.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0
Mayor Pro Tem Harlan and Council Member Chavez spoke on not supporting the item due to wanting more time for consideration.
122
Minutes – Regular Meeting – January 16, 2024 Page 13 of 14 SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Reynolds SUBSTITUTE MOTION: Approve staff recommendation with the following changes: set the project threshold at 15 units instead of 10 units, for rental projects onsite production required for projects greater than 50 units, set affordability requirements to be 60+ dwelling units per acre at 11% low income or 7% very low income and under 60 dwelling units per acre at 6% low income or 4% very low income, for ownership projects require payment of in lieu fees only, an exception for Development Agreements reading:
“Any residential project for which the city enters into a development agreement pursuant to California Government Code Section 65964 that provides affordable housing obligations equivalent to this chapter or alternative equivalent community benefits”, and in section 13-331 “The following are the alternative options to fulfill the requirements of this chapter if onsite production of affordable units is determined by the director or their designee to be economically infeasible and would impose an extreme hardship, or if it is determined to lead to a better planning result and/or additional affordable units. The director or their designee’s determination shall be made based upon evidence provided by the applicant.”
The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Reynolds, and Mayor Stephens.

Nays: Council Member Chavez and Mayor Pro Tem Harlan.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 4-2-1
ACTION:

1. City Council found that the adoption of Ordinance No. 2024-02 is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), General Rule in that the affordable housing ordinance will not have a significant impact on the environment.

2. Gave first reading to Ordinance No. 2024-02 (PCTY-23-0001) modifying Title 13 (Planning, Zoning, and Development) of the Costa Mesa Municipal Code (CMMC) to establish affordable housing requirements for new residential developments.

OLD BUSINESS: NONE.

NEW BUSINESS: NONE.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 12:19 a.m. in memory of Shawn Davidson.
123
Minutes – Regular Meeting – January 16, 2024 Page 14 of 14 Minutes adopted on this 6th day of February, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
124

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-027 Meeting Date: 2/20/2024
TITLE:

AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES AGREEMENT (PSA) WITH

KEYSER MARSTON ASSOCIATES (KMA) FOR AFFORDABLE HOUSING CONSULTING

SERVICES
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: NANCY HUYNH, PRINCIPAL PLANNER
CONTACT INFORMATION: NANCY HUYNH, PRINCIPAL PLANNER, (714) 754-5609 RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Keyser Marston Associates, Inc. (KMA) to increase the not-to-exceed amount by $55,300 for a total of $155,300, in substantially the same form as attached and in such final form as approved by the City Attorney.

2. Authorize the City Manager or designee and City Clerk to execute future amendments to the agreement, so long as such amendments are within the existing City budget.

BACKGROUND:

KMA, an expert housing consultant with over 30 years of experience, was retained by the City in February 2021 to provide housing consulting services, specifically to assist staff with developing a draft affordable housing ordinance. The original consulting services scope of work included preparing a Financial Evaluation, a policy recommendations memorandum, attendance at meetings with staff and three public hearings at Planning Commission and City Council. The original agreement was for a not-to-exceed amount of $50,000 and an estimated project timeline of approximately nine months.

Since approval, the PSA has been amended three times as follows:
· Amendment No. 1: Extend the terms of the contract through February 7, 2024; · Amendment No. 2: Increase the contract amount by an additional $20,000 using State- awarded LEAP funds; and
· Amendment No. 3: Increase the contract amount by an additional $30,000 using State- awarded LEAP funds for a contract total of $100,000.

The proposed affordable housing ordinance was presented to the Planning Commission at a publicPage 1 of 3 125
File #: 24-027 Meeting Date: 2/20/2024
The proposed affordable housing ordinance was presented to the Planning Commission at a public hearing on December 11, 2023. The Planning Commission recommended that the City Council give first reading of the proposed affordable housing ordinance. On January 16, 2024, City Council held a public hearing on the item and approved first reading of the affordable housing ordinance, directing staff to return with an in-lieu fee analysis concurrent with the second reading. The second reading of the ordinance is anticipated to be scheduled for City Council review and potential adoption at their March 5, 2024 regular meeting.

ANALYSIS:

Under contract to the City, KMA has prepared the draft Financial Evaluation including creating multiple project prototypes and scenarios to determine the affordable housing requirement that the City could adopt without being “confiscatory”and without depriving a developer of a fair rate of return.

KMA’sinitial analysis and findings were presented to the City Council and Planning Commission in two joint study sessions in May and July 2023.

Based on the direction provided at the study sessions as well as feedback received from stakeholders, KMA updated their analyses to include more project prototypes than originally envisioned in order to more accurately reflect the range and types of likely housing projects in the City. As such, the previously approved contract amounts were expended to cover KMA’sadditional work on the revised Financial Evaluation and associated attendance at meetings with stakeholders, staff, and decisionmakers over an extended project timeline.

Under the proposed contract amendment, KMA would complete the final tasks and documents necessary for final adoption of the Ordinance and approval of a Fee Resolution, as well as to assist staff with preparing implementation procedures and templates for a new Affordable Housing Program.

Pending tasks and deliverables would include:
· Complete in-lieu fee study and finalize policy recommendation memorandum; · Draft affordable housing guidelines;
· Draft affordable housing agreement and form templates; · Assist staff with preparing Administrative Regulations; and · Attend meetings including public hearings or other meetings with staff as needed.

The draft Agreement and scope of work are provided as Attachment 1 to this report.

The increase in the contract amount would be covered by State-awarded LEAP grant funds. As such, the amendment would not impact the City’s General Fund.

ALTERNATIVES:

The alternative to the proposed City Council action is not to move forward with the additional funding for the subject agreement. In this case, no in-lieu fee analysis could be prepared or adopted and the Affordable Housing Program’sfinal documents would not be completed. As such, the Program could not be implemented and subject to a consistent set of guidelines and procedures.

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File #: 24-027 Meeting Date: 2/20/2024
FISCAL REVIEW:

There is no fiscal impact to the City’sGeneral Fund. The cost for this contract would be fully funded by the State awarded LEAP grant funds.

LEGAL REVIEW:

The agenda report and attached agreement has been reviewed and approved as to form by the City Attorney’s Office.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Keyser Marston Associates, Inc. (KMA) to increase the not-to-exceed amount by $55,300 for a total of $155,300, in substantially the same form as attached and in such final form as approved by the City Attorney; and

2. Authorize the City Manager or designee and City Clerk to execute future amendments to the agreement, so long as such amendments are within the existing City budget.

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1 Keyser Marston Associates, Inc.

Amendment Four

AMENDMENT NUMBER FOUR TO

PROFESSIONAL SERVICES AGREEMENT
WITH
KEYSER MARSTON ASSOCIATES, INC.

This Amendment Number Four (“Amendment”) is dated January 25, 202 4 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and KEYSER MARSTON ASSOCIATE S, INC., a California corporation (“Consultant”).

WHEREAS, City and Consultant entered into an agreement on February 8, 2021, for Consultant to provide consulting services in connection with affordable housing projects (the “Agreement”); and
WHEREAS, City and Consultant entered into Amendment One on February 8, 2023, to extended the term of the Agreement through February 7, 2024; and WHEREAS, City and Consultant entered into Amendment Two on April 4, 2023, to increase Consultant’s maximum compensation for a total amount not to exceed Seventy Thousand Dollars ($70,000); and
WHEREAS, City and Consultant entered into Amendment Three on September 1, 2023, to increase Consultant’s maximum compensation for a total amount not to exceed One Hundred Thousand Dollars ($100,000); and
WHEREAS, City and Consultant now desire to amend the Agreement to increase compensation by Fifty-Five Thousand and Three Hundred Dollars ($55,300), to provide for additional services related to the proposed Inclusionary Housing program; and WHEREAS, Section 4.1 of the Agreement provides for the term of the Agreement to be amended if agreed to in writing by the parties; and WHEREAS, City and Consultant desire to increase Consultant ’s maximum compensation and extend the term of the Agreement.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Section 1.1 of the Agreement is amended to add to the Scope of Services as more specifically set forth in Exhibit A.

2. Section 2.1 of the Agreement is amended to increase Consultant ’s compensation by $55,300 as more specifically set forth in Exhibit A to this ATTACHMENT 1
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2 Keyser Marston Associates, Inc.

Amendment Four
Amendment. As of the effective date of this Amendment, Consultant’s total compensation shall not exceed $155,300.

3. The term of the Agreement shall be extended through February 7, 2025.

4. All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.

5. All other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect.

6. This Amendment 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.

IN WITNESS WHEREOF , the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT

________________________________ Date: __________________________ Kathleen Head
President

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________ Date: __________________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
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3 Keyser Marston Associates, Inc.

Amendment Four

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Silvia Kennerson
Senior Management Analyst

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Scott Drapkin
Assistant Economic and Development Services Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director
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777 SOUTH FIGUEROA STREET, SUITE 2555  LOS ANGELES, CALIFORNIA 90017  PHONE 213.622.8095 2401006.KMA:KHH
WWW.KEYSERMARSTON.COM 99900.000.002

ADVISORS IN:

Real Estate
Affordable Housing
Economic Development

BERKELEY
Debbie M. Kern
David Doezema

LOS ANGELES
Kathleen H. Head
Kevin E. Engstrom
Julie L. Romey
Tim R. Bretz

S

AN DIEGO
Paul C. Marra
Linnie A. Gavino

EMERITUS
A. Jerry Keyser
Timothy C. Kelly

January 18, 2024

Nancy Huynh
Principal Planner
City of Costa Mesa
77 Fair Drive
Costa Mesa, California 92626

Dear Ms. Huynh:

Keyser Marston Associates, Inc. (KMA) is pleased to submit the following proposal to the City of Costa Mesa (City) to provide additional services related to the proposed Inclusionary Housing program. The following proposal describes the proposed scope of services and estimated fees for the services to be provided.

PROPOSED SCOPE OF SERVICES
KMA proposes to provide the following scope of services to the City on an as needed basis.

Policy Recommendations
KMA proposes to a memorandum that summarizes the policy recommendations derived from the Inclusionary Housing: Financial Evaluation (Financial Evaluation) and the supplemental analysis KMA prepared in November 2023. The policy recommendations memorandum will be organized as follows:

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Nancy Huynh, Principal Planner January 18, 2024
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2601006.KMA:KHH
99900.000.002

1. The findings of the Financial Evaluation will be summarized.

2. The components of the recommended policies will be identified. The following policy recommendations for ownership and rental housing development will be included:
a. The financially feasible income targeting standards; b. The percentage of housing units that should be set aside as Inclusionary Housing units;
c. Affordable housing production requirements; and
d. The alternative fulfillment options that will be available to projects that are subject to the Inclusionary Housing program requirements.

3. The role that the Government Code Section 65915 et seq. density bonus should play in establishing income and affordability requirements for the City’s Inclusionary Housing program.

4. The implementation and administrative tools that should be created by the City after an Inclusionary Housing program is adopted.

In-Lieu Fee Analysis
KMA proposes to prepare in-lieu fee analyses for apartment and ownership housing developments based on the Inclusionary Housing requirements included in the first reading of the ordinance that was approved by the City Council on January 16, 2024. The prototype residential projects used in the KMA Inclusionary Housing: Financial Evaluation will be used for analysis purposes. The in-lieu fee estimates will be determined using an “Affordability Gap” analysis methodology.

The basic parameters are:

1. Projects with 15 or more units are subject to the Ordinance.

2. The income and affordability requirements that will be applied in the analysis are set as follows:
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2601006.KMA:KHH
99900.000.002

a. An 11% low income requirement is imposed on apartment projects developed at a density of 60 units per acre or more, and a 6% low income requirement is imposed on apartment projects developed at less than 60 units per acre. b. An 8% moderate income requirement is imposed on ownership housing developments.

KMA will present the in-lieu fee analysis findings in a memorandum that describes the methodology, assumptions, and findings.

Administrative Procedures Manual – Apartment Development The Administrative Procedures Manual for the developers of apartment developments will include the following chapters:

1. A template affordable housing agreement

2. An introduction to the Inclusionary Housing requirements

3. A presentation of the defined terms that are used in the Administrative Procedures Manual and pertinent affordable housing agreements

4. Program administration terms

5. Methodology for identifying eligible renters

6. Methodology for calculating the affordable rents

7. Policies related to complaints and appeals to the City

8. Descriptions of the monitoring and enforcement activities that will be undertaken by the City.

KMA will also prepare the following attachments for the City’s use:

1. The current household income chart to be used in qualifying households to rent affordable units in projects subject to Inclusionary Housing requirements 133
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2. The current utilities allowances to be used in calculating the affordable rents for units subject to Inclusionary Housing requirements

3. A sample annual tenant recertification form

4. A sample annual rental housing compliance report

5. An in-lieu fee calculation form
Meeting Attendance

MEETINGS WITH STAFF
On an as-needed basis KMA will meet with City staff virtually or in person. This proposal includes a budget allowance for a total of 20 hours of meeting time with City staff.

PUBLIC MEETINGS
KMA proposes to participate in up to a total of 12 hours of public meetings with the community, the Planning Commission and the City Council. KMA will assist the City in preparing presentations for the meetings and will serve as the primary presenter for the financial components of the Inclusionary Housing program.

PROPOSED BUDGET AND TIMING
The following table presents the estimated fee for each task included in this proposal:

Proposed Budget: Written Deliverables
Tasks Budget
Policy Recommendations Memorandum $5,000
In-Lieu Fee Analysis 10,000
Administrative Procedures Manual 25,000
Total Budget: Written Deliverables $40,000

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Nancy Huynh, Principal Planner January 18, 2024
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2601006.KMA:KHH
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Proposed Budget: Meeting Attendance
Meeting Attendance
Meetings with City Staff - (Up to 20 Hours) $6,100
Public Meeting Participation – (Up to 12 Hours) 3,700
Total Budget: Meeting Attendance $9,800

The total budget is estimated as follows:

Proposed Total Budget
Tasks Budget
Written Deliverables $40,000
Meeting Attendance 9,800
Contingency Allowance @ 10% of the Total Budget 5,500
Total Budget $55,300

The fee for the individual tasks may vary from these estimates, but the total budget will not be altered unless the work scope is expanded. If the scope of services changes materially, and/or the in person/virtual meeting time requested by the City exceeds a total of 32 hours, the budget will need to be adjusted accordingly.

The KMA hourly billing rate schedule that will be applied to this engagement is provided on the following page:

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KMA Billing Rate Schedule
Chairman, President, Managing Principals * $305.00
Senior Principals * $295.00
Principals * $275.00
Managers * $245.00
Senior Associates $205.00
Associates $185.00
Senior Analysts $170.00
Analysts $145.00
Technical Staff $105.00
Administrative Staff $90.00

* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

KMA appreciates the opportunity to submit this proposal. Please do not hesitate to contact me if this proposal can be modified to better meet your needs.

Sincerely,
Keyser Marston Associates, Inc.

Kathleen Head

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-046 Meeting Date: 2/20/2024
TITLE:

SPENDING AUTHORIZATION APPROVAL FOR ON-CALL ENVIRONMENTAL, TECHNICAL AND

STAFFING SERVICES LIST
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION
PRESENTED BY: SILVIA KENNERSON, SENIOR MANAGEMENT ANALYST CONTACT INFORMATION: SILVIA KENNERSON, SENIOR MANAGEMENT ANALYST, (714) 754- 5023
RECOMMENDATION:

Staff recommends the Council:

1. Approve and authorize the City Manager and City Clerk to authorize spending authority with each consulting firm listed below through June 30, 2025, in such final form as approved by the City Attorney for on-call environmental, technical, and staffing services:
· Dudek
· ECORP Consulting, Inc.
· Environmental Science Associates
· FCS International, Inc.
· Galvin Preservation Associates, Inc.
· LSA Associates, Inc.
· Michael Baker International
· PlaceWorks, Inc.
· PSOMAS
· Sagecrest Planning and Environmental
· Stantec Consulting Services
· The Natelson Dale Group, Inc.

2. Authorize the City Manager and City Clerk to execute future amendments and spending authority with the above-listed firms including any potential increases in compensation as long as the amendments are pass-through costs from entitlement application deposit accounts or within the City’s annual budget.

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File #: 24-046 Meeting Date: 2/20/2024
BACKGROUND:

The City began the consultant “Request for Statement of Qualifications” (RFSQ) process in May 2019. RFSQ 19-02 was released on May 29, 2019, and proposals were due on July 1, 2019. After receiving proposals, the Economic and Development Services Department/Planning Division created a pre-qualified, on-call consultant list for a five-year period in April 2020, expiring on June 30, 2025.

This on-call list streamlines the consulting selection process and overall project application timeframe to expedite technical, environmental studies and/or staffing services, and is used by the City to fulfill any demands on future or existing projects for technical review and California Environmental Quality Act (CEQA) related analysis and/or staffing.

Consultants assist the City of Costa Mesa in the development of and/or peer review of applicant submitted technical documents/studies for parking, traffic/transportation, noise and/or air quality.

Consultants may also be responsible for the preparation of materials required as part of the initial environmental review process as well as responses to comments, and attendance at Planning Commission and City Council public hearings as “subjectmatter experts”.A sample list of the types of projects that consultants are requested to assist the City include:

Transportation/Traffic Air Quality Noise
Preparation or peer review of traffic
study for proposed project
Preparation or Peer Review of
Parking study Peer review of
CEQA /Environmental Assessment
Peer review of
CEQA/Environmental
Assessment
Preparation or peer
review of Greenhouse
gas study
Peer Review of
CEQA/Environmental
Assessment Reports
Consultants that were selected to appear on this list demonstrated the firm’s qualifications for technical consulting services. While this on-call list is meant to serve the technical service needs for the City and streamline the contracting process for developer and/or City funded technical documents and staffing, the City reserves the right to circulate separate Requests for Proposals for projects exceeding $100,000. Any firm on the on-call list is not precluded from these individual requests for proposals but will be assessed by the same rubric as all other proposals.

ANALYSIS:

In order to ensure an objective selection process, an evaluation committee was assembled, and all members evaluated proposals independently. Based on the City’scriteria and selection procedures set forth in the RFSQ, the evaluation committee recommended that agreements be awarded to the following firms:
· Dudek
· ECORP Consulting, Inc.
· Environmental Science Associates
· FCS International, Inc.
· Galvin Preservation Associates, Inc.
· LSA Associates, Inc.

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File #: 24-046 Meeting Date: 2/20/2024
· Michael Baker International
· PlaceWorks, Inc.
· PSOMAS
· Sagecrest Planning and Environmental
· Stantec Consulting Services
· The Natelson Dale Group, Inc.

ALTERNATIVES:

An alternative to the recommended City Council action would be to not move forward with the contracts for on-call consulting services. Due to the volume of work and large number of projects currently being managed by the Economic and Development Services Department staff, the City’s ability to provide timely technical, environmental studies and/or staffing services would be compromised, and customers would experience significant delays.

FISCAL REVIEW:

Consultant services for the development of and/or peer review of technical documents/studies for parking, traffic/transportation, noise, air quality and/or staffing are utilized by the Economic and Development Services Department on an as-needed basis. The consultant’sfees are paid for by project applicants as a “pass-through cost” and/or the City from the annual budget. Use of contract services are on an as needed basis and the cost of each service varies by subject and task.

LEGAL REVIEW:

The attached Professional Service Agreement (PSA) template was prepared by the City Attorney’s Office and the staff report has been reviewed and approved as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends the City Council approve and authorize the City Manager and City Clerk to authorize spending authority with each consulting firm on the Economic and Development Services Department on-call environmental and staffing services list through June 30, 2025, in such final form as approved by the City Attorney so long as such amendments are paid by the applicant as a “ pass-through cost” or within the City’s annual budget.

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH

_____________________________
THIS AGREEMENT is made and entered int o this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and ___________, a [state] [type of corporation] (“Consultant”).

W I T N E S S E T H :

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to __________________, as more fully described herein; and B. WHEREAS, Consultant represents that it has th at 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
C. WHEREAS, City and Consultant desire to contract for the specific services described in Ex hibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, 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 serv ices described in the City’s Request for Proposal (“SOQ”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s SOQ (the “Response”) attached hereto as Exhibit “B,” both incorporated herein by this reference.

1.2. Professional Practices. All professional servic es 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 and within the hereinafter specified. 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 all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occ upational he alth and s afety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local
ATTACHMENT 1
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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 includ ing 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 Agre ement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the 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 enti ty 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.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have 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 co nfidential 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.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant sh all be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement (the “Fee Schedule”). Consultant’s total compensation shall not exceed _______ Dollars ($ _____.00).

2.2. Additional Services. Consul tant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City or the Proje ct Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or ap provals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invo ices 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 “Add itional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits . Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized acco unting principles and shall be made available to City or its Project Manager for inspection and/or audit at mu tually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE
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3.1. Commencement and Completion of Work. 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 as set forth in Exhibit “D,” attached hereto and incorporated herein by this reference. 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 pa rty shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or pa rties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______ months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be renewed by two (2) 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 . The termination of this Agreement shall be deemed effective upon receipt of the notice of 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 cont emplated 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.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consul tant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of th e following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a)
Commercial general liability, including premises-operations, products/completed operations, broad form property damage, bl anket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
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(b) Business automobile liability for owned vehi cles, hired, and non-ow ned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements fro m 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.
(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 sh all 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 Cost a 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. (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 Cit y of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d)
Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its o fficers, officials, agents, employ ees, and vo
lunteers.
(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 an y 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, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit “E” and incorporated herein by this reference.
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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.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced here in and supersedes any and all other prio r writings and oral negotiations.

This Agreement may be modified only in writing, and si gned 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.

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 attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, corresp ondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile 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; b) at the time of transmission if such communication is sent by facsimile; and c) 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:
_________________
_________________
_________________
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: _________________ Tel: (714) 754-
Fax: _________________ Fax: (714) 754-
Attn: _________________ Attn: _________________
Provide courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Department

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 “F” and incorporated herein by reference. 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. -5-
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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 prev ailing 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 gove rned 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 cons titute 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.

6.9. Indemnification and Hold Harmless. Consultant agrees to 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 pe rformance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder 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 clai m, 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, agen ts and employees based upon 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 specif ically 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. 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 otherwis e 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 employe es, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its 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 deduct ions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection wit h the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all ta xes, 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.

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 -6-
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of any employee and/or employer cont ributions 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, agen ts, 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 Cit y, 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 cl aim or action is brought against City r elating 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, report s, documents, information and data including, but not limited to, computer tapes or discs, files and tape s furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agre ement, shall be and remain the sole property of City.

Consultant agrees that any such documents or informati on shall not be made availa ble 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 an d 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 us e 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, includ ing, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcon tractors, 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 sub-consultants, 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. During the term of this Agreement, Consultant and its officers, employees, associates and sub-consultants shall no t, 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 sub-consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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 Consul tant 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.
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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. 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.

6.21. 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.

6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Ag
reement. 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.

6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.24. 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 pr ovision of this Agreement shall be effective unless in writing and signed by a duly authoriz ed 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.

6.25. Severability. If any provision of this Agreemen t 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.

6.26. 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.

6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Ag reement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agre ement to be executed by and through their respective authorized officers, as of the date first above written. -8-
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CITY OF COSTA MESA,
A municipal corporation
__________________________________ Date: __________________________ [Mayor or City Manager]

CONSULTANT
________________________________ __________________________ __________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________
Social Security or Taxpayer ID Number
ATTEST:
________________________________ Date: ________________________ City Clerk and ex-officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
__________________________________ Date: ________________________ C i t y A t t o r n e y
APPROVED AS TO INSURANCE:
____________________________________ Date: ________________________ Risk Management
APPROVED AS TO CONTENT:
____________________________________ Date: ________________________ Project Manager

DEPARTMENTAL APPROVAL
____________________________________ Date: ________________________ Development Services and Economic Director
APPROVED AS TO PURCHASING:
__________________________________ Date: ___________________________ Finance Director
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-026 Meeting Date: 2/20/2024
TITLE:

ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT, FEDERAL PROJECT NO.

CML-5312(104), CITY PROJECT NO. 23-11
DEPARTMENT: PUBLIC WORKS DEPARTMENT/TRANSPORTATION SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTO
CONTACT INFORMATION: JENNIFER ROSALES, P.E., TRANSPORTATION SERVICES MANAGER (714) 754-5343
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City Project No. 23-11, and find the project categorically exempt from CEQA.

2. Approve a Public Works Agreement (PWA) in the amount of $2,877,242, and a ten percent (10%) contingency in the amount of $287,724 to Gentry General Engineering, Inc., 320 West Tropica Rancho Road, Colton, California 92324.

3. Approve a Professional Services Agreement (PSA) in the amount of $209,762 and a ten percent (10%) contingency in the amount of $20,976, to Interwest Consulting Group, Inc., 444 North Cleveland Avenue, Loveland, Colorado 80537, for construction management services for the Adams Avenue and Pinecreek Drive Intersection Project.

4. Approve a budget transfer, authorizing the use of the Measure “M2”Fairshare Fund from the Citywide Street Improvements project budget (400015) in the amount of $705,500, and appropriation of $750,000 from the Traffic Impact Fee Fund balance, to the Adams Avenue and Pinecreek Drive Intersection Project.

5. Authorize the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreement within Council authorized limits.

ENVIRONMENTAL DETERMINATION:

The proposed project is exempt from the California Environmental Quality Act (CEQA). The project involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. The proposed project is categorically exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and/or minor alteration of existing public facilities. A Notice of Exemption was prepared by City Staff and was filed and posted

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File #: 24-026 Meeting Date: 2/20/2024
existing public facilities. A Notice of Exemption was prepared by City Staff and was filed and posted at the Orange County Clerk-Recorder Department on March 4, 2022. The Notice of Exemption was subsequently posted to the Office of Planning and Research on March 22, 2022.

The proposed project is categorically excluded from the National Environmental Policy Act (NEPA).

Per the Code of Federal Regulations 23 CFR 771.117(c)(3), the construction of bicycle and pedestrian lanes, paths, and facilities are considered actions that meet the criteria for categorical exclusions from NEPA and are deemed to not have any significant environmental impacts. A Preliminary Environmental Study classifying the project as categorically excluded was submitted to the California Department of Transportation (Caltrans) on December 20, 2021. On December 21, 2021, Caltrans provided concurrence with the NEPA determination of Categorical Exclusion.

BACKGROUND:

The Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City Project No. 23-11, is a federally funded project that seeks to improve pedestrian and bicyclist accessibility and safety. It provides multi-modal intersection improvements at the intersection of Adams Avenue and Pinecreek Drive that encourage bicycling and improve mobility per the City’s approved Active Transportation Plan (ATP).

The multi-modal improvements at the intersection of Adams Avenue and Pinecreek Drive will include the removal of existing right turn slip lanes, slurry seal improvements, new bicycle facilities, bicycle and pedestrian ramps, green bike boxes, new signalized crosswalk, new pavement striping and markings consisting of green thermoplastic conflict zones, and high visibility crosswalks.

The project will relocate the existing bus stop to the far side of the intersection and install new street lighting along the south side of Adams Avenue within the project’slimits. In addition, the project includes extensive traffic signal modifications that include new signal poles, relocation of the signal cabinet outside of the sidewalk, Accessible Pedestrian Signals (APS), yellow retroreflective border backplates, Leading Pedestrian Intervals (LPIs), and video detection capable of detecting motorists and bicyclists.

The project is being implemented in partnership with Orange Coast College (OCC). OCC provided a total of $250,000 in funding towards design and construction phases and granted required property easements to the City for the project. Staff made presentations to OCC Facilities Committee during various stages of design and received support for project implementation. The City’s Active Transportation Committee (ATC) also reviewed the project design plans at various stages and provided their approval for the project. A community outreach meeting was held for the project during the design phase.

The contractor is required to complete all the tasks necessary to perform the scope of work as outlined in the contract documents, plans, and specifications. A copy of specifications and working details are available for review in the Office of the City Clerk.

Staff issued a Request for Proposals (RFP) to select a well-qualified consultant to manage the construction management operations of this project. A copy of the RFP is available for review in the Office of the City Clerk.

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ANALYSIS:

Project Construction:

The City Clerk received and opened five (5) bids for this project on December 18, 2023. Gentry General Engineering, Inc. (Gentry), is the apparent low bidder with a base bid proposal of $2,989,232. The bid abstract for this project is included as Attachment 1.

Staff have elected to authorize the alternative bid items for this project. The apparent low bidder using the base bid with the alternative bid items is also Gentry with a bid proposal of $2,877,242.

Staff has analyzed the bid proposal submitted by Gentry and found no errors or irregularities. Staff recommends that City Council authorize the use of the alternative bid items and award a construction contract to the apparent lowest bidder, Gentry General Engineering, Inc. The license and references of Gentry have been checked and staff has found them to be in good standing.

Upon City Council authorization to execute the Public Works Agreement (PWA), Gentry will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. After the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.

Project Construction Management and Inspection Support:

On July 31, 2023, the City issued a Request for Proposals (RFP) for Construction Management and Inspection Support Services for the Adams Avenue and Pinecreek Drive Intersection Project. Eight (8) consultant proposals were received on August 25, 2023.

Proposals were reviewed for compliance with the City’sRFP process, and the proposed consultants were evaluated based on project understanding, depth of experience, technical expertise, and associated evaluation criteria. After careful review of the proposals, staff determined that Interwest Consulting Group, Inc. (Interwest), was well qualified to perform the requested construction management and inspection services for the project. The proposal submitted by Interwest Consulting Group represents a thorough understanding of the project, complies with City requirements, and documents Interwest’stechnical ability and experience with similar projects. The fees proposed by Interwest were determined to be competitive and commensurate with the requested services. A copy of Interwest’s proposal is included as Attachment 2.

Therefore, staff recommends that the City Council authorize the City Manager to execute the Professional Services Agreement (PSA) to Interwest Consulting Group, Inc., in the amount of $209,762 for construction management and inspection support services.

Contingency and Funding:

Staff requests approval of ten percent (10%) contingency towards construction and construction management services. Staff also request approval of additional funding from the traffic impact fee and Measure M Fairshare accounts for the project.

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File #: 24-026 Meeting Date: 2/20/2024
ALTERNATIVES:

The alternative would be to reject all bids, re-advertise, and re-bid the construction project. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project and adversely affect the project’sfederal grant funding. In addition, the alternative to reject all proposals and re-advertise the RFP for construction management services will not result in lower proposals and will only delay the project.

FISCAL REVIEW:

The available funding for the construction of the project is $1,940,280. The additional funding required to execute the contracts is $1,455,424. Staff is requesting appropriation of $750,000 from the Traffic Impact Fee fund balance and transfer of $705,500 of Measure “M2”Fairshare funds from Citywide Street Improvements project.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and approves it as to form and has reviewed and approved the proposed Public Works Agreement and Professional Services Agreement.

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 plans, specifications, and working details for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City Project No. 23-11.

2. Approve a Public Works Agreement (PWA) in the amount of $2,877,242, and a ten percent (10%) contingency in the amount of $287,724 to Gentry General Engineering, Inc., 320 West Tropica Rancho Road, Colton, California 92324.

3. Approve a Professional Services Agreement (PSA) in the amount of $209,761.80 and a ten percent (10%) contingency in the amount of $20,976, to Interwest Consulting Group, Inc., 444 North Cleveland Avenue, Loveland, Colorado 80537, for construction management services for the Adams Avenue and Pinecreek Drive Intersection Project.

4. Approve a budget transfer, authorizing the use of the Measure “M2”Fairshare Fund from the Citywide Street Improvements project budget (400015) in the amount of $705,500, and appropriation of $750,000 from the Traffic Impact Fee Fund balance, to the Adams Avenue and Pinecreek Drive Intersection Project.

5. Authorize the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreement within Council authorized limits.

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City Total Base Bid Total Base Bid +
Alternative Bid
COLTON $2,989,232.00 $2,877,242.00
ANAHEIM $3,069,000.00 $2,881,500.00
CORONA $3,011,643.00 $2,966,305.50
LONG BEACH $3,198,721.00 $3,193,111.00
LAKE FOREST $3,829,750.00 $3,822,700.00
Lowest Responsive Bidder $2,877,242.00
Average $3,148,171.70
Bidder

4. EXCEL PAVING COMPANY

5. HARDY & HARPER, INC.

1. GENTRY GENERAL ENGINEERING, INC.

2. ONYX PAVING COMPANY, INC.

3. ALL AMERICAN ASPHALT
BID OPENING RESULTS: DECEMBER 18, 2023
ATTACHMENT 3

PUBLIC WORKS DEPARTMENT

ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT
FEDERAL PROJECT NO. CML-5312(104)
CITY PROJECT NO. 23-11

CITY OF COSTA MESA

BID RESULTS
ATTACHMENT 1
153
www.interwestgrp.com

CITY OF

COSTA MESA

Proposal – Construction Management and
Inspection Support Services for Adams Ave and
Pinecreek Drive Intersection Project (Federal
Project No. CML-5312(104), City Project No. 23-01)
MAIN PROPOSAL CONTACT:

Shelby Sieracki
Account Manager
626.224.2055
[email protected]
August 25, 2023
www.interwestgrp.com
ATTACHMENT 2
1 154

TABLE OF CONTENTS

1. Cover Letter ......................................................................3

2. Background and Project Summary Section ......................5

3. Project Approach & Methodology ...................................5

4. Qualifications, Organization & Key Staff Experience .......7

5. Scope of Services to be Provided: ..................................12

6. Experience & Record of Success on Similar Federal
Projects ................................................................................18

7. Financial Capacity: ...........................................................21

8. Fee Schedule: ..................................................................21

9. Disclosure: .......................................................................21

10. Professional Services Agreement ..................................21

11. Appendix F: ....................................................................21 ATTACHMENT 2
2 155
1 Jenner, Suite 160
Irvine, CA 92618
P (714) 899-9039
City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 I | Cover Letter
August 25, 2023
City of Costa Mesa, Finance Department
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
ATTN: Ramin Nikoui
RE: RFP for Construction Management and Inspection Support Services for Adams A ve and
Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 Dear Selection Committee,
Interwest Consulting Group (Interwest) is pleased to present our qualifications in response to the City of Costa Mesa’s (City) Request for Proposal (RFP) to perform Construction Management and Inspection Support Services for the Adams Ave and Pinecreek Drive Intersection Project, Federal Project No.

CML-5312 (104), City Project No. 23-01.

We are uniquely qualified to perform the requested services as evidenced by our proven track record and testimony of our past and current clients. We pride ourselves in building long, sustaining relationships in the Cities we work with— providing solutions that will strengthen your community. We believe that the extensive knowledge and experience held by our proposed team qualify us to be the best to perform the services requested.

Interwest brings nearly two decades of expert-level Construction Management and Inspection service to partner with the City. Through this partnership, the City will benefit from our team’s extensive construction industry knowledge as well as:
• Dedicated Local Partner: We have appreciated the opportunity to serve the City of Costa Mesa since 2012, having provided On-Call Building Plan Review and Inspection, Traffic Engineering support, and Public Works support. Most recently, our team has provided Right-of-Way support services on the Adams project through our Real Estate division.
• Best Practices: Our team is excited about this opportunity to share their best practices during the process of delivering this high-profile and eagerly awaited community project. With a commitment to delivering construction management in a manner consistent with the City’s adopted Customer Care Standards, Interwest’s team will successfully manage the project’s quality, cost and schedule. • Industry Experts: These construction management experts are critical thinkers and solution-oriented leaders who know how to navigate through the scheduled tasks while mitigating risk on a day-to- day basis. As evidenced by our proven track record and testimony of past and current clients, our expert team knows that details matter when managing a project such as this Adams Ave and Pinecreek Drive Intersection, inclusive of the Federal grant requirements and compliance with the Caltrans Local Assistance Procedures Manual (LAPM).

Our goal is to provide experts in the industry who can perform services in a seamless manner by customizing our services to correspond with our clients’ expectations and needs. We strive to work collaboratively with the Department of Public Works and other City personnel, applicants, and designers to resolve issues as efficiently as possible to expedite processes with our focus being the successful delivery of services.

We remain committed and flexible to provide the City with exemplary services that meet their individual needs.

ATTACHMENT 2
3 156
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 To assure our continued exemplary services to the City, we propose Steve Kooyman, PE as Project Manager for this engagement. Steve has extensive construction management experience with municipal Public Works and CIP projects. Over his career, he has worked as the Public Works Director of Rancho Santa Margarita; City Engineer for Brea; Assistant Public Works Director for the City of San Juan Capistrano; and Deputy Director with the County of El Dorado. He has in-depth knowledge of construction contract requirements for public works projects, including the APWA standard plans and specifications within the “Greenbook” and Caltrans requirements. As Resident Engineer, Tyrone Chesanek, PE, will lead our team of qualified inspectors to provide these services to the City. Tyrone will be responsible for all matters related to our personnel and operations, and provide plan reviews, inspection, quality assurance materials testing, compliance with the LAPM and State and Federal requirements, and contract administration under the overall supervision of the City’s Project Manager.

Shelby Sieracki will continue to act as your Account Manager for the City. Shelby will be responsible for ensuring increasing levels of client satisfaction throughout the life of the contract by performing periodic Client Health Checks, a service uniquely provided by Interwest.

Interwest will be providing services from our project office in Irvine, CA, which is also the closest office in proximity to the City of Costa Mesa. Additionally, Interwest will be partnering with our subconsultant teams Ninyo & Moore to provide material testing services, and Avant Garde, Inc. (DBE Certified Firm) to provide Labor Compliance.

We appreciate the opportunity to present our qualifications to provide these services to the City of Costa Mesa and its community and we are confident that the Interwest team is exceedingly qualified to partner with the City once again to ensure the successful delivery of the new Intersection Project in your community.

As President of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team. Should you have any questions, please contact me at 619.372.9962 or [email protected].

Respectfully Submitted,
Paul Meschino, President
Project Office: 1 Jenner, Suite 160, Irvine, Ca 92618
Proposal Main Contact
Shelby Sieracki
Account Manager
[email protected]
626.224.2055
Project Manager
Steve Kooyman, PE
Project Manager
[email protected]
530-318-1066
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 02 / Background and Project Summary Section
Background and Project Summary
Interwest understands the City of Costa Mesa is seeking a qualified firm for construction management services for the federally funded Adams Avenue and Pinecreek Drive Intersection Project. It is our understanding that these services generally include inspection, contract administration, soils and materials testing, and other services as outlined in the attached scope of work. The Adams Avenue and Pinecreek Drive Intersection Project is federally funded via the Orange County Transportation Authority (OCTA) Bicycle Corridor Improvement Program (BCIP) grant, contributions from Coast Community College District, and local City funds. Interwest follow all federal requirements and compliance with the LAPM throughout execution of the project.

We are proposing an individual who is a registered Professional Engineer to serve as the construction Resident Engineer. Tyrone Chesanek, PE, will lead our team of qualified inspectors to provide these services to the City. Tyrone will be responsible for all matters related to our personnel and operations, and provide plan reviews, inspection, quality assurance materials testing, and contract administration under the overall supervision of the City’s Project Manager. Additionally, we will be partnering with our subconsultant Ninyo and Moore to provide a certified laboratory for soil and material testing services, and Avant Garde, Inc. to provide labor compliance, ensuring all services and requirements are met.

Services will be provided to support and supplement your existing staff. All staff will maintain a high level of customer service to the community, support the efficiency within the department. Interwest Consulting Group has over 20 years of experience providing the construction management and inspection services requested in the RFP . Our team is comprised of highly experienced, customer-service-oriented professionals who have successfully served our client jurisdictions.

Key Objectives
There are several important areas requiring special attention for construction management and inspection to ensure project success.
• Standardization & Maintenance of Project Documentation: To effectively combat claims, it is important that the resident engineer and inspector follow a uniform standard to ensure that potentially volatile issues are dealt with in a timely and accurate manner. Interwest has instituted such a system and has a proven track record of helping its clients to avoid costly claims. • Monitoring Quality & Objectiveness of Field Personnel: Our construction supervisors routinely check the files and performance of our construction inspectors. Regular training meetings are conducted to discuss changes in rules and regulations. Storm water compliance rules and the requirements of the general construction permitted on City projects are of critical importance. • Public Relations: Public works projects that impact residents and businesses present unique, non- technical challenges that must be addressed throughout the life of a project. Interwest will work closely with these stakeholders to make them aware of the project, its status, and any changes. Our assigned staff possess the non-technical skillset needed to navigate the public relations arena. 03 / Project Approach and Methodology

1. Project Familiarity
Interwest stands capable and ready to provide our exceptional services to the City and its community.

Pursuant to the RFP , we understand that the project consists of constructing pedestrian and bicycle improvements at and in the vicinity of the Adams Avenue intersection as defined by the attached plans (Appendix B), and project bid set (Appendix C). Additionally, the project will specifically benefit the ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 over 25,000 students and adults that attend Orange Coast College, will enhance the traffic patterns, improve pedestrian and bicycle connectivity at the intersection, and reduce conflicts between vehicles, pedestrians, and bicyclists.

Our team has the following qualifications that make us the best choice in providing these services to the City:
• Diverse roadway and streetscape engineering and construction management experience working on federal projects. Direct extensive experience and a successful track record of completing federal construction projects.
• Being knowledgeable about federal procedures and requirements. Being thoroughly acquainted with the latest revisions of the Caltrans Local Assistance Procedures Manual (LAPM). • Having the capability to provide complete technical and administrative services to ensure successful project completion on time and under budget. Providing coordination oversight for all activities taken by outside entities in connection with the project including utility companies, OCTA, and Orange Coast College.

2. Potential Issues and Response
• Potential Issue #1: Signal and Lighting Equipment Procurement and Delivery – The timing of the shop drawing approvals, manufacturing, and delivery of the equipment to the site is a major factor with respect to completing the signal modification work at the Adams Ave. and Pinecreek Ave. intersection within the Contract 90 WD’s. The proposed plan includes removing several existing signal poles with equipment and installing 7 new signal poles with equipment as well as modifying several existing signal poles. The Specifications call out long lead items to commence within fourteen (14) weeks after date of Contract. However, current lead times for signal procurement, manufacturing, and delivery is running around 24+ weeks. This will have an impact on the schedule, which will need to be discussed with the Contractor as part of the Pre-Construction Meeting and submittal review. • Recommended Response: We would suggest that the signal submittal be provided to the City and CM/RE team as soon as the Contract is executed, if not before to begin the review and acceptance process, which could take 2 weeks. Additionally, we would recommend that the City issue two NTP’s as follows: 1) NTP#1 to initiate the signal submittal, procurement, manufacturing and delivery process; 2) NTP#2 – Once the signal equipment delivery date has been scheduled, after the submittals have been approved with no exceptions, issue NTP#2 to start the 90 WD’s. This should allow some float in the schedule depending on the estimated delivery date of the signal equipment. The Interwest Team is very familiar with the traffic signal and lighting submittal and procurement process and will assist the City to expedite the work.
• Potential Issue #2: Existing Utility Locations and Coordination – The plans show various underground utilities within the vicinity of the proposed work requiring excavation. Additionally, there are several utilities called out for adjustments by the specific utility co. (AT&T and Charter). This could cause delay issues if the specific utility location and schedule for adjustments/relocation is not addressed early as part of the initial stages of construction. One specific area of concern is the installation of the new signal foundations. This is critical to assure that no existing underground utilities exist within the new foundation area that would require relocation or movement of the new signal foundation. • Recommended Response: We would recommend that the Contractor provide a pothole plan prior to potholing for City and CM/RE review as part of the Pre-Construction submittals. This would allow both the Contractor and City/CM/RE/EOR and Inspection Team to mutually agree on where the utility exploration should be done as well as format and information to be provided within a certain timeframe for final assessment. Based on the Specifications, this work is covered under Bid Item #1 – Mobilization, so the costs of the work should be covered. As for the adjustments by other utility ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 companies, the initial coordination for this work should be discussed at the pre-construction meeting in detail with the Contractor’s baseline schedule. The final notices for relocation should be sent out as part of the per-construction phase with the approved baseline schedule form the Contractor and potential conflict locations. A further notice can be submitted once the pothole data is obtained. The Interwest Team has extensive experience working with Contractor’s and Utility companies with respect to locating and relocating utilities with respect to potential conflicts with well though-out solutions to avoid potential claims and delay. Our team will minimize the claims and delay impacts. 04 / Qualifications, Organization, and Key Staff Experience Qualifications of Key Staff
We pride our success in effective communication. We are committed to a “no surprises” approach built upon presenting ideas, asking questions, and identifying and addressing issues early on in the process.

We propose options, seek direction, and implement solutions in close coordination with the City. We welcome this opportunity to help maintain the quality of life and unique character that makes the City a desirable community, and we believe our planning team will provide superior resources for meeting your immediate needs and long-term goal.

Led by Resident Engineer, Tyrone Chesanek, PE, the Interwest Team stands ready and capable to provide the City of Costa Mesa with the expert-level service our clients have come to expect from Interwest and our team members. We possess extensive professional capabilities which allow us to innovate, create, and implement effective solutions with your agency, all while keeping the community’s interests in mind.

Summaries of qualifications and experience for the proposed key Interwest staff are provided below and detailed résumés for all key proposed staff are also included at the end of this proposal.

1. Relevant Experience, Specific Qualifications, and Technical Expertise of Resident Engineer, Inspector and Team Experience
Tyrone Chesanek, PE

RESIDENT ENGINEER // CONSTRUCTION MANAGER
Experienced Deputy Public Works Director managing Facility and Parks CIP , Facility Maintenance, Street and Utility CIP , Facilities Management, Stores, Fleet Services, Environmental Program, and Streetlights.

Assisted in planning, directing, supervising, and coordinating departmental operations; assigned work activities, projects and programs; monitored workflow; reviewed and evaluated work products, methods and procedures. Prepared and presented staff reports to City Council, Council Committees, boards, commissions and numerous civic organizations representing the Department. Assisted with the preparation of operating and capital improvement budgets, including long-term maintenance management Supervised and assisted subordinate supervisors in the operations and maintenance of City infrastructure, and established long-range plans and goals. Participated in recommending the appointment of personnel; provided staff training; worked with employees to correct deficiencies, implemented discipline procedures, and recommended employee terminations. • Bristol Street Widening at Seventeenth Street | Santa Ana, CA / Principal Engineer • Grand Avenue Street Widening & Stormdrain at Grand Avenue | Santa Ana, CA / Principal Engineer • Santa Ana Fire Station 1 New Facility Project / Santa Ana, CA / Principal Engineer • Bristol Street Widening & Stormdrain at First Street / Santa Ana, CA / Principal Engineer • North Flower Bridge Widening Project / Santa Ana, CA / Principal Engineer • First Street Bridge Widening Project / Santa Ana, CA / Principal Engineer

RECENT PROJECT EXPERIENCE
Resident Engineer / Construction Manager
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 Dinukshi brings nearly 20 years of experience in the areas of construction management, inspection, planning, schedule analysis, project management, contract administration and compliance, state and federal grant administration, budget tacking, and engineering design for various Public Works transportation, utility, and facilities improvements.

She has a diverse project background experience on large, complex, high-value construction projects.

She has worked on large $2B complex projects as well as medium to small Public Works projects ($250k to $79M) as a Project and Construction Manager with a great track record of successfully completing the projects for various municipalities and government agencies.

RECENT PROJECT EXPERIENCE
• Eastside Access Improvements Project | LA Metro Transportation Authority | Project Manager • Annual Slurry Seal and Overlay Project | City of Santa Clarita | Construction Manager Dinukshi S. Kane, MBA, BSEE, EIT

ASSISTANT CONSTRUCTION MANAGER
Steve is a registered Civil Engineer with 30 years of civil engineering experience and has spent a vast amount of his career serving numerous jurisdictions throughout Northern and Southern California regions. Steve provides Project Management and Construction Management and Inspection Services to our clients throughout Southern California. He has assisted several Cities in delivering various Public Works Capital Improvement Program projects from Preliminary Planning/Environmental (PAED), Design (PS&E review), Bid and Award, and into Construction (Project Management/Construction Management) for watermain replacement, sewer replacement, storm drain replacement, street rehabilitation, ADA and sidewalk replacement, facilities improvements, parks and landscape, masterplan development, and has assisted the Cities with coordination and project delivery for Caltrans/City Cooperative Agreement projects. His background has provided him with the knowledge of city engineering policies and procedures, which is a proven asset when providing technical assistance to engineers, architects, contractors, city personnel, and the public.

RECENT PROJECT EXPERIENCE
• SR 57/Lambert Road Interchange Improvements | Brea, CA | Project and Construction Manager • Country Hills Subdivision Water and Pavement Improvements |Brea, CA | Construction Manager • Imperial Highway and Berry Street Intersection Improvements| Brea, CA | Project and Construction Manager
• Puente Street., Gemini Ave. and Titan Way Improvements | Brea, CA | Project Manager • Tracks at Brea Bike Trail Improvements | Brea, CA | City Engineer Steve Kooyman, PE

PROJECT MANAGER
Project Manager
Project Support Team
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 John brings more than 20 years of experience in the areas of construction management, inspection, planning, schedule analysis, project management, contract administration and compliance, field engineering, and quality assurance for a variety of public works, residential and transportation projects.

John’s diverse background has given him insight into serving cities and government agencies on large, complex, high-value construction projects. His experience ranges from small city projects to multi- million-dollar projects, including highways, street improvements, and airport taxiways. John is able to collaboratively work with all parties ensuring projects are well managed and brought to a successful completion.

RECENT PROJECT EXPERIENCE
• Harbor Blvd. Median Island Installation | City of Anaheim, CA | Inspector • Broadway and Anaheim Blvd. Rehabilitation, PCC Sidewalks, Storm Drain, AC paving and re- striping | City of Anaheim, CA | Inspector
• Pinyon Hills (Phelan) Widening and Signal Improvements | Caltrans | Inspector John Welch

CONSTRUCTION INSPEC TOR (PRIMARY INSPECTOR)
Alison has more than 19 years of experience in public works inspection. She began her career in 2004 working for the City of Escondido where she worked on various capital improvements projects and private development projects. Private development projects include subdivisions of various size and commercial grading projects as well as various utility right of way permits. Inspection experience includes mass grading, fine grading for individual lots, sediment and erosion control inspection, new post construction BMP’s, new water mains and services, new sewer mains and laterals, new storm drain infrastructure, the construction of new roads, curb gutter and sidewalk, the installation of streetlights.

Responsibilities include reading and interpreting project plans and specifications, creating daily inspection reports, maintaining project files, reviewing, negotiating and processing change orders, processing RFI’s and submittals, preparing progress payments, coordinate third party inspections, creating final punch lists, processing record drawings and project closeout.

RECENT PROJECT EXPERIENCE
• CMP Replacement Project Carlsbad Blvd. North of Island Way | City of Carlsbad | Inspector • Grape Street Neighborhood Improvement Project | City of Escondido, CA | Inspector • Daly Ranch Road Rehab | City of Escondido, CA | Inspector Alison Luedtke, QSP , CESSWI, NASSCO ITCP

CONSTRUCTION INSPEC TOR (SECONDARY INSPECTOR AND BMP)
Subconsultant Team
Due to the page limit restrictions, Interwest has only provided staff biographies and resumes of our key subconsultant team members. Additional resumes of our proposed subconsultant team can be provided upon award of contract.

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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 Ms. Montoya has more than 20 years of comprehensive expertise in project management and analysis, funding management, grant administration, public relations, and community outreach programs. She is experienced in issues impacting City governments and contract administration. Ms. Montoya is the Vice-President and CFO of AVANT -GARDE. She has experience in identifying federal and state fund allocation balances, programming funds, and administers long-and-short range programs consistent with the economic capabilities of the City. Ms. Montoya directs the Program Management team to ensure that projects are developed in accordance with policy and procedural requirements, assists in determining eligible projects for various funding sources, and manages development and capital improvement programs/projects from conception to completion. Ms. Montoya has assisted various agencies in performing a variety of analyses and studies to identify State and Federal funding options; performed time-critical and confidential studies related to fiscal and administrative requirements of grant programs; assisted in the grants solicitation process; planned and coordinated the implementation of awarded grants to ensure that the City was in compliance with applicable laws and regulations, and monitored and audited grant expenses. Under her direction, our team has successfully monitored federal and state funding for municipal agencies throughout Southern California and written grants to secure over $501.6 million in funding for government agencies.

Lissette Montoya

PROGRAM DIRECTOR
As a Construction Inspector and Project Manager for Ninyo & Moore, Mr. Reichert provides In-depth knowledge in testing methods, inspection and standards relating to concrete and hot mix asphalt (HMA) production and placement operations. Has extensive experience working on state and interstate highway transportation project.

RECENT PROJECT EXPERIENCE
• Valley Boulevard, Resurfacing | Industry, CA / Project Manager for Construction Materials Testing • Pacific Coast Highway and Hawthorne Boulevard Intersection Improvements, | Torrance, CA / Project Manager for Construction Materials Testing
• City of West Hollywood Mid-City Pavement Repair, / West Hollywood, CA / Project Manager for Construction Materials Testing
Randy Reichert

PROJECT MANAGER

NINYO AND MOORE

AVANT GARDE
2 - 3. Team Management and Disciplines of Project Team
Our team is proposing Tyrone Chesanek, PE, as Resident Engineer for this opportunity with the City of Costa Mesa. Tyrone has experience directly managing similar federally funded projects administered through Caltrans. Additionally, he has in-depth knowledge of the latest edition of the Local Assistance Procedures Manual and the individual’s time is appropriately committed to this project.

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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 Our priority is to ensure the best possible experience working with our team—with minimum impact on the City of Costa Mesa and its community. During the project management and construction process, all disciplines work as a team on each project, lead by a supervisor who oversees all reviews, consults with Interwest staff and City staff as needed, as well as applicants. Our construction management and inspection procedures allow oversight and coordination with all management disciplines. The supervisors of the Interwest Team dedicated to the City of Costa Mesa — Steve Kooyman, PE and Tyrone Chesanek, PE — have worked together to effective lead construction teams on a multitude of municipal federally funded contracts over the last five years. 4 - 8. Overall Organization of Team, Structure and Budget Our services are provided in a cost-effective manner and can be adjusted to remain within the City budget constraints. We will communicate regularly with the City and monitor and evaluate our areas of responsibility to make recommendations for cost savings where possible.

Our committed team members, including subconsultants, will provide exceptional service to the City of Costa Mesa. We have significant direct experience working as municipal employees and as contract staff members in jurisdictions throughout California. Individually, the professionals selected to serve the City excel in each of their backgrounds. As a team, they possess the professional capability to innovatively create and implement effective solutions to serve the interests of your community. The organizational chart provided below highlights our key personnel, company roles, areas of expertise, and the organization of our project team.

Tyrone Chesanek, PE - Resident Engineer / Construction Manager Dinukshi S. Kane, MBA, BSEE, EIT - Assistant Construction Manager John Welch - Construction Inspector (Primary)
Alison Luedtke, QSP , CESSWI - Construction Inspector (Secondary and BMP Inspections)

CITY OF COSTA MESA

INTERWEST CONSTRUCTION MANAGEMENT TEAM

PROJECT MANAGER
Steve Kooyman, PE

SUBCONSULTANT

AVANT-GARDE (LABOR COMPLIANCE)
Lissette Montoya - Program Director
Khristynne Aramouni - Program Manager
Summer Mann - Program Coordinator
Keith LeNoue - Senior Program Coordinator

PRINCIPAL-IN-CHARGE
Paul Meschino

SUBCONSULTANT

NINYO & MOORE (MATERIALS TESTING)
Randy Reichert - Program Director
Vance Hunter -Lead Technician
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 05 / Scope of Services to be Provided
Project Approach and Scope of Work
The Interwest Team (“Team”) will follow the Scope of Work/Tasks and approach for the project pursuant to the RFP as follows:

General Services:

The Interwest Team will provide continuous technical and administrative services throughout the project duration from pre-construction phase to post construction phase to ensure the project is completed within schedule and budget. Additionally, the Interwest Team will provide coordination and oversight for all activities taken by outside entities in connection with the project (i.e., utility companies, OCTA, Orange County College, and Caltrans Local Assistance Program Manager) with continuous coordination with the City’s Project Manager. Furthermore, the Interwest Team will continue to comply with the Caltrans Local Assistance Procedures Manual (LAPM) on a regular basis and check on updates to the Manual.

TASK 0 –INITIAL-CONSTRUCTION PHASE

0.1) Constructability Review of Construction Documents
a. Our Team will complete a thorough Constructability, Quality Assurance/Quality Control (QA/ QC), and Value Engineering review effort in coordination with the City and designer on the Plans and Specifications. Additionally, the Team will drive/walk the Project site, complete a photo record of existing conditions, and check measurements to assist the constructability review. We will create a report of findings which would include recommended alternative solutions with potential cost savings as well as time savings during construction.
b. Collectively our Team will use the organization’s expertise to review all layers of the detailed plans, from curb, gutter, sidewalk repairs, ADA curb ramps, median improvements, signal improvements, and signing and striping and coordinate the Plans with the Specifications for consistency.

0.2) Utility Coordination
a. Our Team will assist the City with Utility Notices to all potentially affective utilities and specifically reach out to each potentially impacted utility to make sure they are part of the work plan and provide USA information in a prompt manner
b.Our Team will also check the plans to ensure that all base utility map information (record or grid) provided by the Utility Companies are addressed on the plans.

0.3) Project Bid Documents
a. Our Team will thoroughly review all final bid documents for consistency between the General and Supplemental Provisions from the City and the Technical Specifications from the design consultant and provide final comments/edits as needed with recommended solutions to reduce potential cost and working day overruns.
b. Our Team will prepare a final baseline delivery schedule with milestone tasks, activity dates, durations, etc., for pre-construction, construction, and post-construction phases of the work in coordination with the Contractors’ baseline schedule.
c. Our Team will assist the City with the initial public outreach efforts.

0.4) Pre-Construction Stage
a. Our Team will coordinate with the City and relay any special concerns and specification requirements, required permits, utility coordination, and state and federal agency requirements, once the Contract ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 Agreement, Bonds, and Insurance documents have been approved by the City and prior to the pre- construction conference. Additionally, we will assist the City in preparing the Final Utility Notices (Notice to Relocate or Adjust) to all effective Utility companies within the Project area. b. Our Team will coordinate with the City and discuss the date/time for the Pre-Construction Conference with the Contractor with an anticipated Notice to Proceed date. Upon mutually agreeing to the date and time of this conference, we will prepare the agenda for this meeting for City review and send out the Pre-Construction Conference Notice with agenda to the Contractor. The notice will contain all specification requirements that the Contractor is required to submit to the City prior to the conference date (i.e., baseline schedule, submittal matrix, initial 4-week look-ahead schedule). c. Our Team will set-up the initial project control system in compliance with the LAPM and seek an initial pre-audit from Caltrans to assure the filing and control system meets the requirements. d. Our Team will coordinate the review and comments on all submittals from the Contractor with the City and Engineer of Record prior to the pre-construction meeting. This includes the review of the initial submittal log, baseline schedule, storm water control plan, and traffic control plan. Additionally, we will discuss the long-lead time signal equipment bid item with the Contractor to make sure the submittal is timely, and the order has been placed.
e. Our Team will coordinate and facilitate the Pre-Construction Conference, discuss all items on the agenda, relay any special items of concern (i.e, public notices, traffic control, noise, BMP’s, working times, permits, CPR (Labor Provisions) and EEO requirements, etc..). All minutes of the meeting will be captured and provided to the City for review prior to final posting. The final minutes of the conference will be posted or provided to the Contractor for concurrence. f. Our Team will also reach-out to all affected Utilities Companies to invite them to the Pre-Construction Conference or initiate individual meetings to relay schedule, contractor information, scope of work and coordination.
g. Our team will assist the City with the public notices to relay the project scope, schedule, and contractor information to the adjacent business’, residences, and stakeholder agencies.

TASK 1 – CONSTRUCTION PHASE

1.1) Contract Administration/Management
a. Our Team will follow strict guidelines and recommendations, including the Public Works Contract and Supplemental provisions from the City as well as Federal requirements per the LAPM, to ensure the project is completed according to the plans and specifications and the Federal requirements with sound and proven ethical contracting practices. Throughout the contract, our team will ensure that all construction complies with the contract documents, inclusive of the codes, city standards, Greenbook, and state and federal requirements. All potential delays to the contract schedule due to change orders or weather days will be tracked in accordance with the contract documents and relayed to the City. b. The Interwest Construction Manager/Resident Engineer (CM/RE) will be the main point of contact with the City and perform the work as a representative of the City pursuant to all City requirements during the duration of the contract. All construction matters will be discussed between the Contractor and CM and any issues (potential claims, CCO’s, disputes) will be relayed and discussed with the City with recommended resolutions.
c. Our Team will utilize Procore or City preferred filing control system per LAPM throughout the performance of the contract for all document management, reporting, meetings, reports, RFIs, submittals, non-conformance reports, shop drawings, certified payroll, and insurance compliance. Our Team could also use other cloud-based platforms, such as Microsoft One Drive as directed by the City to capture, document, and share all contractual documents.

1.2) Reports and Communications
a. Our Team will update the City weekly on the progress of the projects and document all communications ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 and reports. We will consistently gather pertinent information from the design consultant, the City, the contractor, and any other entity involved in this project to ensure all the facts are collected, documented, and reported as required by the City. Monthly progress reports will be generated that will capture the following:
• 1. Summary of the previous month’s main accompl ishments and current construction activities. • 2. Overall Contractor’s conformance to contract schedule and quality requirements. • 3. Identification of key problems, action items, and issues, as well as recommendation for solutions. • 4. Summary of progress payments, change orders, disputes, submit tals, RFIs, and Notices of Noncompliance.
• 5. Photographs of representative project act ivities. b. Our Team will also coordinate meetings with the City, Consultant, and Contractor on a weekly basis to ensure the City remains updated.
c. Interwest will provide a web-based dashboard with key performance indicators (KPI) that will provide an updated picture of the project with the latest project information. Some of the KPIs that could be included are schedule deviation, budget deviation, % of RFIs answered, change order request resolutions, and others. This dashboard will be shared with City and contractor as a way to quickly show where we are in the project and assist with making quick and impactful decisions.

1.3) Photo Documentation
a. Our Team will not only review the contractors’ photos and videos of existing conditions and progress but will also create our internal library to document existing conditions and the progress of all trades on working days. All media will be documented on Procore or City preferred platform. The media will also be used to document non-conformance, safety, BMP’s, and equipment.

1.4) Construction Progress Meetings
a. The CM/RE and Inspection Team will conduct weekly progress meetings with the City, Consultant, and Contractor to track progress and status of significant items that could put the project at risk. The Team will create and distribute agendas, track attendance, collect meeting minutes, and share them within two business days. We will evaluate whether it is necessary to take a more proactive approach and assist in conducting meetings with specific trades or subconsultants to ensure the whole team is aware of other project-site activities. This information will be included in the monthly progress reports as required by the City.

1.5) Shop Drawings and Submittal Review
a. The CM/RE will ensure that all required submittals and federal tracking forms per LAPM are received and evaluated prior to implementation. We will conduct a preliminary review of all submittals for accuracy and contract adherence. The CM/RE will also facilitate the distribution of submittals to the City or City Engineer and Consultant for review, acceptance, and/or approval. Submittals will be logged, tracked and monitored with targeted response times and dates. Submittals that are not acceptable will be sent back to the contractor for correction. The submittal log will show submission status, rejections, and approvals. If submittals are not reviewed or answered in a reasonable time frame, the CM will track and follow up with the right party for approval. The CM will work directly with the Consultant on all shop drawing submittals. The status of submittals and shop drawings will be documented in Procore or City preferred platform.

1.6) Plans and Specifications Interpretation
a. Our Team will continually review the plans and specifications for constructability issues and conformance during construction. The Team will ensure in coordination with the City, Consultant, and other project delivery team members/agencies, and stakeholders that all work conforms to the Project construction documents, City Codes and Ordinances, APWA “Greenbook”, AWWA Standards, City Public Works Standards, state and federal requirements as applicable, ADA requirements, OSHA ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 Construction Safety Orders, and NPDES requirements, and all applicable CA Labor Code and Federal Labor Law requirements, throughout the duration of the Project. We will be an advisor, advocate, and provide professional services with the best interest of the City in mind. b. All RFI will be reviewed and responded to in a timely manner, per the construction contract terms.

Any technical RFI’s will be submitted to the City or the Consultant for response.

1.7) Progress Payments
a. The CM/RE and Inspection Team will complete a thorough analysis with field measurements of all quantities constructed or in progress with calculations. The CM/RE will also document any materials on site and analyze the schedule of values to determine work in place and make payment recommendations to the City. Additionally, Interwest will consider the latest schedule, certification of payment to subcontractors, and payroll reports to make recommendations to the City on progress payments to subcontractors. This documentation will be part of the Progress Payment and Change Order back-up and will be saved in Procore or another City preferred platform. If the contractor is not submitting all the necessary back up documentation accurately, the CM will return the payment applications for corrections before submitting the payment recommendation to the City. Any other reports associated with federal funding will be also included. b. The CM will check with the City on receipt of 20-day preliminary notices from various material suppliers and sub-contractors to assure payment is being made and obtain affidavit of payment from the Contractor as part of the Payment Application.

1.8) Contractor’s Claims and Contract Change Orders (CCO) a. Our Team will document and track any potential change orders, obtain justification, validate the need, conduct value engineering, and create internal estimates of quantities, costs, and duration to consult with the City with recommendations and assist the Project Manager with all negotiations. All Owner-initiated CCO’s will be reviewed with the City with recommendation/cost/schedule impacts from the CM and subsequently initiated by the City. All potential change order will be documented and tracked to mitigate any risks associated with contract changes and resolved in a timely manner.

All Request of Change Orders will be included in a CCO log and provided to the City regularly. The CM, with assistance from the Inspector, will review and check the approved baseline schedule from the Contractor on a regular basis and make the necessary adjustment to the schedule in coordination with the Inspector’s and Contractor’s dailies.

1.9) Schedule and Weekly Statement of Working Days (WSWD) a. The CM/RE will monitor the approved baseline schedule and project progress throughout the duration of the contract and review and compare the schedule to the 3-4 week look-ahead schedule from the Contractor. Any deviations from the approved baseline will be discussed with the Contractor to determine if the approved baseline schedule needs to be updated and submitted to reflect any changes.
b. The CM/RE will prepare the WSWD at the end of each work week to capture the progress to date from the Daily Report, schedule items, working days, non-working days (inclement weather days), and CCO days, delay days, time extensions, and updated date of completion, and provide to the City the following Monday.

1.10) Construction Inspection Services
a. Our highly experienced inspection staff will work with the selected contractor in all phases of quality control, including the preparatory, initial, and follow-up phases to ensure the construction is done according to the plans and specifications. The Interwest Inspector will review the 3-week look ahead to understand what activities will be completed in the near future. The inspector will study the specifications, drawings, LAPM, and any approved submittals for a clear understanding of the tasks and materials. The Inspector will also review any materials delivered to the site to ensure the approved ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 are installed. Lastly, the inspector will track the installation of any materials to ensure they meet the manufacturer’s recommendations and is in accordance with the LAPM. This approach will ensure that the City meets the project’s overall intent and complies with the Federal requirements. b. The Interwest Inspector will also conduct a cursory review of any daily reports, payment applications, media, and any additional reports to ensure they accurately reflect the on-site conditions and activities.

1.11) Progress Payments
a. The Inspector will complete a thorough analysis with field measurements of all quantities constructed or in progress with calculat
ions and coordinate the qualities constructed to date with the Contractor for concurrence prior to payment application request. Additionally, the Inspector will gather all material tickets (i.e., AC tonnage, PCC CY) from the hauling trucking company employee and confirm quantities as placed. All material logs and tickets will be filed in accordance with LAPM.

1.12) Contractor’s Claims and Change Orders
a. The Inspector will inform the CM/RE of any Potential Change Orders (PCO) that might arise during construction to discuss and evaluate the merits and if warranted, obtain a price from the Contractor and relay this to the City. If a reasonable price cannot be mutually reached with City concurrence, the work would be performed via Time and Materials and tracked. The Time and Materials PCO would not commence (unless it’s an emergency) until the Contractor has relayed its work force to complete the extra work to the satisfaction of the Inspector with oversight from the CM and City. All PCO’s will be documented and tracked to mitigate any risks associated with contract changes and resolved in a timely manner. All Request of Change Orders and PCO’s will be included in a PCO/RCO log and provided to the City regularly by the CM.

1.13) Daily Reports
a. The Inspector will complete a Daily Report for each day of work and for non-working days, which will capture the Contractor’s workforce (labor, equipment, material), work performed, issues, progress of bid items, and photo documentation. The Daily Reports will be provided to the CM for QA/QC and concurrence and uploaded into Procore or City preferred platform. Additionally, the Inspector will capture all events within a field daily logbook.

1.14) Material Testing and QAP
a. The CM/RE with Inspector will coordinate all required field material testing and laboratory testing work with the sub-consultant (Ninyo and Moore) in conformance with the City’s QAP as provided in Appendix D of the RFP .

1.15) Labor Compliance
a. The CM/RE in coordination with the Labor Compliance sub-consultant Avant Garde will complete all required Federal and State labor compliance requirements and review of CPR. Additionally, the inspector and Labor Compliance field officer will conduct monthly field interview with the Contractor’s work force as well as sub-contractor work force in accordance with the State and Federal labor code and Davis Bacon requirements.

1.16) Utility Coordination
a. The Inspector will coordinate will all utility companies affected by the project and ensure that the Contractor is also involved to schedule their work within its schedule. All utility issues or conflicts will be discussed with a recommended resolution with the Contractor and utility company, documented and provided to the CM/RE and City for further evaluation.

1.17) Safety and Traffic Control
a. The Inspector will ensure that all safety requirements are being adhered to by the Contractor and ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 will attend the Contractor’s weekly safety meeting with updated training discussions. Additionally, the Inspector will monitor and assess the Contractor’s traffic control per the approved Traffic Control Plan (CA MUTCD) and discuss potential issues that require immediate attention by the Contractor prior to commencing the work.

1.18) Public Notices
a. The Inspector will coordinate and work with the business and residents in the project area on a daily basis. All scheduling items, any conflicts, complaints will be discussed with the public and or other agencies in coordination with the Contractor to assure the public concerns are being properly addressed. The Inspector will discuss the public issues with the CM/RE for further input/resolution and relayed to the City.

1.19) NPDES/BMP Compliance
a. The Inspector will complete a BMP checklist for each working day and monitor and relay deficiencies to the Contractor for NPDES conformance. Additionally, 7-day weather forecast reports from NOAA will be discussed at each weekly meeting to discuss adjustments to the BMPs for inclement weather.

The Inspector will also monitor the sweeping efforts by the Contractor as well as other dust control measures to minimize air quality impacts.

1.20) DBE Compliance
a. The CM/RE with Inspector will monitor and verify that the DBE Prime or sub-contractor performs a Commercially Useful Function (CUF) throughout the duration of the Contract.

1.21) As-Built Set
a. The Inspector will mark up the Construction Set of plans on a regular basis and confer with the contractor on changes to the plans.

1.22) Final Report
a. The Inspector with CM/RE will complete a Final Report in accordance with the LAPM that summarizes all issues and items during the construction duration and provide said report to the City for future potential Federal/State audit.

TASK 2 – PROJECT CLOSEOUT

2.1) Final Punch-List and Final Acceptance
a. The CM/RE and Inspection team will schedule, coordinate, and conduct a final site walk-through with the City, Consultant and Contractor to ensure all punch-list items for the entire project are identified and addressed before acceptance. If all punch-list items are considered complete, the CM/RE will provide documentation as required to recommend a Notice of Acceptance to the City Engineer.

2.2) Final Contract Processing – The CM/RE will complete the final Contract acceptance work in coordination with the City as follows:
a. Stop Notices - The CM/RE will consult with the City regarding the disposition of both Preliminary and Stop Notices. This will include complete follow-through until resolution between the Contractor and suppliers and/or subcontractors is achieved.
b. The CM/RE will ensure the warranty bond for the warranty period is received by the Contractor that guarantees 100% of the final contract price of the work completed for the one-year period after the Notice of Completion is filed and recorded.
c. The CM/RE will ensure all material and equipment warranties have been obtained from the Contractor and review said warranties to ensure they comply with the manufacturer’s submittal, product, and are in accordance with the Contract Documents.

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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 d. The CM/RE and Inspector will work with the Contractor to ensure all red-line changes to the Contract Plans are complete and accurate and have been incorporated into the field as-built set and will provide the redline as-builts to the Engineer of Record and assist with transferring the delta changes in CADD for final processing and delivery to the City Engineer for approval of the Record Drawings. e. The CM/RE will check with the Labor Compliance consultant to ensure all CPRs and required documents are complete and up to date as of the last day of work. f. The CM/RE will prepare and submit an acceptance statement to the Contractor to sign and date either accepting the work and final payment with no conditions or with exceptions. All exceptions will be brought to the attention of the City with a recommendation and response. g. The CM/RE will prepare a proposed Final Payment Estimate and submit it to the Contractor for acceptance prior to submitting the final pay application for acceptance by the City. h. The CM/RE will notify and document any potential claims against the City before issuing a recommendation for acceptance.
i. The CM/RE will complete a final archive assessment for all files and provide them to the City Engineer electronically on a thumb drive in accordance with the LAPM (Exhibit 17-O, 17-F , and other required forms/files).

TASK 3 – ONE-YEAR WARRANTY INSPECTION

3.1) Warranty Inspection
a. The CM/RE and Inspection Team will schedule, coordinate, and conduct a warranty site walk-through with the City 2-3 months prior to the one-year warranty period end date to ensure there are no issues with the project, unless issues are discovered prior to this timeframe. If there are warranty issues that relate to the Contractor’s work, the CM/RE will prepare the notice of defective work with the itemized list for City review and concurrence. This notice will be submitted to the Contractor requesting a time to cure the issues and means/methods to correct the issues. A final warranty site walk with the City will be completed to obtain final warranty period acceptance and if accepted, a recommendation will be provided to the City to release the warranty bond.
06 / Experience & Record of Success on Similar Federal
Projects
Relevant Project Experience
Interwest has provided construction management and inspection services for the past 21 years, and our proposed project staff has many years of combined relevant municipal experience. We have cultivated a reputation for cost-effective services provided by highly-qualified and customer-focused professional consultants. Below is a representative list of Southern California municipal clients to whom Interwest staff currently provides comparable services; additional client listings are available upon request.

CLIENT AGENCY YEAR STARTED/

COMPLETED SERVICES PROVIDED
City of Brea 2019-Present Project Management, Construction Management and Inspection City of Costa Mesa 2007-Present Interim Public Works Director, Civil Engineering, Traffic Engineering, Construction Management and Inspection
City of Culver City 2014-2020 Construction Management, Public Works Inspection City of Eastvale 2010-Present
City Engineering, Construction Management, Public Works Inspection Engineering Plan Check, Engineering Support, NPDES, Transportation Planning, Traffic Engineering, Drainage Engineering, Grant Administration
ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01

CLIENT AGENCY YEAR STARTED/

COMPLETED SERVICES PROVIDED
City of Fountain Valley 2017-Present Engineering Plan Review, Construction Management, Construction Inspection
City of Gardena 2018-2020 Construction Management, Construction Inspection City of Grand Terrace 2015-Present
Interim Public Works Director Services, Engineering Plan Check, Construction Inspection, Project Management, Real Estate, Building Plan Check
City of Santa Ana 2019-2022 Construction Management, Public Works Inspection City of Maywood 2016-2020 Construction Management and Inspection Traffic Engineering, Interim Public Works Director Services, Civil Engineering City of Moreno Valley 2017-Present Engineering Plan Check, Construction Management, Construction Inspection
City of Newport Beach 2013-2022 Construction Management, Public Works Inspection City of Palm Springs 2015-2020 Construction Management, Public Works Inspection City of Rancho Mirage 2015-2019 Interim Public Works Director Services, Project Management, Construction Management and Construction Inspection
References
CITY OF SANTA ANA // WARNER AVENUE WIDENING PROJECT, PHASE 1 REFERENCE: KENNY NGUYEN, SENIOR CIVIL ENGINEER | 714.647.5632 | KNGUYEN@ SANTA-ANA.ORG
Interwest is providing construction management and inspection services for this project, which aims to widen a 1-mile segment of Warner Avenue, a regionally significant arterial roadway in the City of Santa Ana. Phase 1 involves an area of 0.3 miles along Warner Avenue between Main Street and Oak Street, widening the roadway from four to six lanes, with three lanes in each direction. The project also includes stormwater drainage improvements and the undergrounding of utilities to enhance community beautification. Safety and accessibility features include narrow travel lanes, raised medians landscaped parkways, wider sidewalks, AADA-compliant curb ramps, and protected bike lanes.

CITY OF SOUTH PASADENA // CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES
REFERENCE: KRISTINE COURDY, DEPUTY PUBLIC WORKS DIRECTOR | 626.403.7240 | [email protected]
Interwest provided construction management and inspection services for the City of South Pasadena on street improvement projects including the following:

Bushnell Avenue, Diamond Avenue, and Lyndon St. Street Improvement Project - Interwest provided construction management and inspection services on this project which included repair of damaged asphalt pavement by grinding and overlay with conventional asphalt, installation of Petromat, reconnection of curb drains, localized repairs of damaged curb/gutter, sidewalk, and driveways, replacement of ADA access ramps, adjustment of manholes and utility covers, replacement of water services, valves, meter boxes, and fire hydrants, resetting of survey monuments, replacement of existing signs, thermoplastic striping, and other associated elements of work. Work on Diamond Avenue was in close proximity to a high school, so the construction involved restricted working hours and close coordination with school officials. The project began in June 2019 with a budget of $1.1 million and was completed in October 2019 without any change orders.

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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 CITY OF BREA // SR 57 & LAMBERT ROAD INTERCHANGE IMPROVEMENTS REFERENCE: MICHAEL HO, PE | 714.990.7657 | [email protected] The Project entails the construction of the SR 57 & Lambert Road Interchange which includes the re-alignment of the Northbound off-ramp, new Northbound on-ramp loop with bridge, widening of Lambert Road west (new right turn lane), widening of Northbound on-ramp, widening and extension of Southbound off-ramp, widening of Lambert Road east (new right turn lane) for Southbound on-ramp, widening and extension of Southbound on-ramp and bridge widening at Railroad Crossing, SR 57/ Lambert Bridge widening, Retaining walls, sound walls, and other various signal and street median improvements, SB1, and Federal Grants.

The City’s lead role was utility relocation, design, R/W and Landscape phase. Caltrans lead role was PAED phase and construction phase (AAA). Interwest oversaw the pre-construction phase, managed the OCTA M2 and SB1 grants, coordination with Caltrans for Cooperative Agreements and Maintenance Agreements, coordination with the Utility Companies, managing the Design consultant for the City, managing the R/W acquisition and demolition work, reviewing all RFI’s, CCO’s, and Submittals in coordination with Caltrans and Design Consultant and attended the bi-weekly construction meetings, billing/invoicing processing, and schedule review. The project cost was approximately $79 Million for Construction Phase, Landscape Phase, Utility Relocation, Construction Management and Inspection.

CITY OF RANCHO PALOS VERDES // ON-CALL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES
REFERENCE: CHARLES EDER, SENIOR ENGINEER | 310.544.5282 | [email protected]
Interwest has provided on-call construction management and inspection services to the City of Rancho Palos Verdes since 2016.

Residential Streets Rehabilitation Project Area 8 Phase I - Interwest provided construction management and inspection services on the Area 8 Residential Street Rehabilitation Project, Phase I. This resurfacing project had a duration of 45 working days, with 10 additional days for pre/post-construction tasks, for a combined total of 55 working days. The engineer’s estimate for the entire project was $2.2 million.

Interwest’s inspector was required for 10 hours per day and our project manager/construction manager was required for 2 hours per day. Tasks included furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to remove and replace sidewalk, ramps, driveway aprons, curb & gutter, crack routing and sealing, and AC repairs at various locations throughout the City.

All work was performed in strict conformance with the contract documents, permits from regulatory agencies with jurisdiction, and applicable regulations.

CITY OF BREA // COUNTRY HILLS SUBDIVISION PAVEMENT AND WATER IMPROVEMENTS, CIP 7322 (2022)
CONTACT: MICHAEL HO, PE, PUBLIC WORKS DIRECTOR/CITY ENGINEER | 714.990.7698 | [email protected]
This Project included removing and replacement of 57 ADA ramps and misc. curb and gutter work, 40,000 SF of AC R&R, 690,000 SF AC grinding, over 20,000 LF (9,800 TN’s) HMA overlay, traffic control, and erosion control measures within various streets in the Country Hills subdivision area. The project also included replacement of 19,300 LF C-900 8” water mains and appurtenances, 500 1”-2” copper water services, 40 FH’s. This project was a 245 day, $5.2 million contract that was completed in October 2022. Interwest performed all Construction Management services under the on-call CM&I Professional Services Agreement (PSA) with the City.

CITY OF COSTA MESA // ON-CALL CONSTRUCTION & INSPECTION SERVICES CONTACT: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR | 714.754.5173 | [email protected]
Interwest has provided a variety of public works services to the City of Costa Mesa since 2016, including ATTACHMENT 2
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City of Costa Mesa | Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection | Federal Project No. CML-5312 (104), City Project No. 23-01 construction management and inspection services on the following projects.

Arlington Drive Improvements, Measure M OCTA and Storm Channel Improvement Project - This was a project funded by multiple sources including OCTA and Drainage Improvement funds, which required continuous documentation and adherence with OCTA procedures. This project consisted of reducing the potential for major storm damage within the areas west of Newport Boulevard and Arlington Drive behind the Orange County Fairgrounds. Construction included a complete increase in storm drain sizing followed by the construction of a bio-swale for low flows and the reduction of pavement through Arlington Drive to a length of 4,800 lineal feet. Additionally, a multi-purpose, bike/pedestrian and skating recreational trail was constructed meandering along the bio-swale south of Arlington Drive, and safety-lit crossings were added to protect pedestrian traffic between the existing schools and a park north of the street crossing to the fairgrounds on the south side. Aesthetically pleasing landscaping along the project length was another positive addition to the affected area. Tasks included finalizing the plans and specifications for bidding purposes, advertising for bids, and administratively presenting the project to the City Council for award. 07 / Financial Capacity
We understand that the City may request sufficient data to evaluate the firm’s financial capabilities.

Interwest Consulting Group also receives financial support through our parent company, SAFEbuilt.

SAFEbuilt is backed by private equity—The Riverside Company—out of Cleveland, Ohio, giving us a robust annual budget. Since its founding in 1988, The Riverside Company has invested in more than 800 acquisitions. As of 2022, Riverside’s global investment portfolio includes more than 140 companies with 300+ employees. Riverside has 15 offices and makes investments across North America, Europe, and the Asia-Pacific region. The firm’s investors include some of the world’s leading pension funds, endowments, funds of funds, insurance companies, and banks.

With Riverside’s backing, our financial strength affirms our ability to deliver services consistently for the contract’s duration and beyond.
08 / Fee Schedule
Interwest Consulting Group has provided the Fee Schedule as a seperate submittal, per instruction of the RFP .
09 / Disclosure
Interwest has provided a variety of Building & Safety and Public Works services to the City of Costa Mesa as a result of competitive and sole source RFPs and RFQs. We have no current or past business or personal relationships with any Costa Mesa elected official, appointed official, City employee, or their family members.
10 / Professional Services Agreement
The Interwest Contract and Legal team have carefully reviewed the contract terms presented in the Sample Consultant Agreement in the RFP . We respectfully request the option to discuss the following agreement term sections with the City during contract negotiations:

19. INDEMNIFICATION

31. PERS ELIGIBILITY INDEMNIFICATION

1.3. Warranty

1.6. Delegation and Assignment

6.9. Indemnification and Hold Harmless

6.11. Ownership of Documents
On the following pages, Interwest has provided all required City Forms in Appendix F , as well as key resumes of our management team. Due to the page limit, Interwest will be happy to provide additional resumes upon request.

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Steve Kooyman, PE
Construction Manager and Inspection Division Manager | Project Manager
Steve is a registered Civil Engineer with 30 years of civil engineering experience and has spent a vast amount of his career serving numerous jurisdictions throughout Northern and Southern California regions. Steve provides Project Management and Construction Management and Inspection Services to our clients throughout Southern California. He has assisted several Cities in delivering various Public Works Capital I mprovement Program projects from Preliminary Planning/Environmental (PAED), D esign (PS&E review), Bid and A ward, and into Construction (Project Management/Construction Management) for watermain replacement, sewer replacement, s torm drain replacement, street rehabilitation, ADA and sidewalk replacement, f acilities improvements, p arks and landscape, masterplan development, and has assisted the Cities with coordination and project delivery for Caltrans/City Cooperative Agreement projects. His background has provided him with the knowledge of city engineering policies and procedures, which is a proven asset when providing technical assistance to engineers, architects, contractors, city personnel, and the public.

PROJECT SPECIFIC EXPIERENCE (Last 3 Years)
Arovista Park Modernization Project, CIP 7978 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $26M Construction Completion Date: Anticipated September 2024 Steve is the project m anager overseeing and manag ing the design architect/engineering firms to develop the Plans and Specifications to modify the existing 14+ acre park in Brea. Bid Documents are anticipated to be completed in June 2023.

Senior Center and Pioneer Hall Roof, CIP 7965 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $360K Construction Completion Date: Anticipated September 2023 Steve is the project manager overseeing the completion of t he Plans and Specifications for a 12,400 SF re- roof project. Bid Documents were completed in March 2023.

Traffic Signal Modification, Project CIP 7717 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $320K Construction Completion Date: Anticipated September 2023 Steve is the project manager overseeing and managing two design engineering firms to develop the Plans and Specifications to modify the existing signals at three intersections in the City. Bid Documents were completed in April 2023.

Brea Boulevard Street Improvements, CIP 7299 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $700K Construction Completion Date: Anticipated October 2023 Steve is the project manager overseeing and managing the design engineering firm to develop the Plans and Specifications for a ¾ miles main arterial street rehabilitation project, which includes milling 2” deep 30,000 sf of pavement, placement of 250,000 SF Type II Slurry, removing and replacement of 12 ADA ramps, and other AC and PCC street improvements along Brea Blvd from Imperial Highway to Fir Street. Bid Documents were completed in April 2023.

YEARS OF EXPERIENCE: 30

EDUCATION:
■ BS, Civil Engineering,
California State University,
Chico

CERTIFICATIONS
■ CA Registered Civil Engineer,
55757
■ NV Registered Civil Engineer,
13015
■ QSD/QSP Training

PROFESSIONAL

AFFLIATIONS
■ National and Orange County
ASCE Member

AREAS OF EXPERTISE
■ Civil Engineering
■ Public Works
■ Program Management
■ Construction Management
■ Master Scheduling
■ Master Budgeting

ATTACHMENT 2
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South Brea Water and Sewer Replacement Project, CIP 7454, 7466, 7626 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $5.4M Construction Completion Date: Anticipated April 2023 Steve is the project manager for the replacement of 14,850 LF 8” C-900 water mains and appurtenances, 300 1”-2” copper water services, 32 FH’s, 1,794 LF of 6-8” VCP sewer mains, 28 ADA ramps and miscellaneous curb and gutter work, 2,800 SF of AC R&R, 1 74,00 SF AC grinding, 1,850 TN’s ARHM overlay, 384,000 SF Type II slurry, traffic control, and erosion control measures within various streets in the South Brea subdivision area.

SR 57/Lambert Road Interchange Improvements, CIP 7251 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $55M Construction Completion Date: Anticipated August 2023 Steve was the project manager and construction manager for the City on the Caltrans/City Cooperative Agreement Project to improve the SR57/Lambert Interchange with the construction of new loop on ramp and bridge, extension of existing UC bridge, widening Lambert Road, re-alignment of on and off ramps, and various retaining and sound walls.

Country Hills Subdivision Pavement and Water Improvements, CIP 7322 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $5.3M Completion Date: October 2022
Steve was the project manager and construction manager for the replacement of 19,300 LF C -900 8” water mains and appurtenances, 500 1”-2” copper water services, 40 FH’s, 57 ADA ramps and miscellaneous curb and gutter work, 40,000 SF of AC R&R, 690,000 SF AC grinding, 9,800 TN’s HMA overlay, traffic control, and erosion control measures within various streets in the Country Hills subdivision area.

Napoli Tract Pavement and Water Improvements, CIP 7458 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $1.3M Completion Date: August 2021
Steve was the project manager for the replacement of 15,600 LF 8” -10” C-900 water mains and appurtenances, 265 1” copper water services, 32 FH’s, 3 pressure regulating stations, 530 LF of 8” sewer main, 22 ADA ramps and miscellaneous curb and gutter work, 159,480 SF AC grinding, 1,550 TN’s ARHM overlay, traffic control, and erosion control measures within various streets in the Napoli Tract subdivision area.

North Hills Subdivision East and West Water and Pavement Improvements, CIP 7459-7460 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $5.2M Completion Date: August 2021
Steve was the project manager for the replacement of 15,600 LF 8” -10” C-900 water mains and appurtenances, 265 1” copper water services, 32 FH’s, 3 pressure regulating stations, 530 LF of 8” sewer main, 22 ADA ramps and miscellaneous curb and gutter work, 159,480 SF AC grinding, 1,550 TN’s ARHM overlay, traffic control, and erosion control measures within various streets in the Napoli Tract subdivision area.

Eagle Hills Tract Water and Pavement Improvements, CIP 7467 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $3.0M Completion Date: December 2020
Steve was the project manager for the replacement of 9,960 LF 8” -10” C-900 water mains and appurtenances, 189 1” -2” copper water services, 20 FH’s, 1 pressure regulating station, 34 ADA ramps and misc ellaneous. curb and gutter work, 400,000 SF AC grinding, 4,800 TN’s AC HMA overlay, traffic control, and erosion control measures within various streets in the Eagle Hills Tract subdivision area.

Puente Street, Gemini and Titan Way Water and Pavement Improvements, CIP 74311,7464 & 7453 / City of Brea, CA
Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $4.7M Completion Date: December 2020
Steve was the project manager for the replacement of 6,900 LF 12” C-900 water mains and appurtenances, 46 1”-3” copper water services, 24 FH’s, 10 ADA ramps and miscellaneous curb and gutter work, replacement of stamped concrete medians, 124,000 SF AC grinding, 4,100 TN’s ARHM and 9,200 TN’s AC Base Course overlay, traffic control, and erosion control ATTACHMENT 2
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Tyrone J. Chesanek, P.E.

CONSTRUCTION MANAGER

PROFESSIONAL HISTORY
Project/Construction Manager / Interwest / 2021 - Present •
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Deputy Public Works Director / City of Santa Ana / 2019 – 2021

Years of Experience: 32
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ATTACHMENT 2
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TYRONE J. CHESANEK , P.E – PROFESSIONAL CIVIL ENGINEER

Principal Civil Engineer / City of Santa Ana / 2011 – 2019 ATTACHMENT 2
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TYRONE J. CHESANEK , P.E – PROFESSIONAL CIVIL ENGINEER

ATTACHMENT 2
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APPENDIX F
Required City Forms
Adams Avenue and Pinecreek Drive Intersection Project
Federal Project No. CML-5312(104)
City Project No. 23-01
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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 y
our business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION
Interwest Consulting Group
Paul Meschino
PO Box 18330
Boulder CO, 80308
[email protected]
619.372.9962 714.899.9030
Steve Kooyman, PE
530-318-1066 714.899.9030
Project Manager [email protected]
ATTACHMENT 2
28 181

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: ________________________________ 73-1630909
Interwest will obtain a Costa Mesa Business License
upon award of contract.

N/A
Mundt, Bradley J. Director 714.899.9039
Giordano, Christopher CEO 714.899.9039
Meschino, Paul (Signing Authority) President 619.372.9962 Burke, Elizabeth Vice President / Secretary 714.899.9039 Haynes, Daniel J. Vice President / Treasurer 714.899.9039 Schlachet, Loren J. Vice President 714.899.9039
ATTACHMENT 2
29 182

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:

Interwest Consulting Group,
Inc.

N/A
1 Jenner, Suite 160, Irvine, CA 92618
https://interwestgrp.com/
714.899.9039 714.899.9039
[email protected]
21 Years
3 years in Irvine office; 20 in Orange County
73-1630909
8 AM to 5 PM
Closed Saturdays and Sundays, New Years Day
Memorial Day, 4th of July, Labor Day, Thanksgiving and day after Thanksgiving, Christmas Day Paul Meschino
619.372.9962 714.899.9039
[email protected]
Steve Kooyman, PE
530.318.1066 714.899.9039
[email protected]
970.829.0049
Mike Marr
[email protected]
714.899.9039
ATTACHMENT 2
30 183

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:

City of Costa Mesa
Raja Sethuraman, Public Services Director
N/A
[email protected]
This was a project funded by multiple sources including OCTA and Drainage Improvement funds, which required continuous documentation and adherence with OCTA procedures. This project consisted of reducing the potential for major storm damage within the areas west of Newport Boulevard and Arlington Drive behind the Orange County Fairgrounds. 77 Fair Dr, Costa Mesa, CA 92626
City of Santa Ana
714.647.5632
Kenny Nguyen, Senior Civil Engineer
[email protected]
N/A
20 Civic Center Plaza, Santa Ana, CA 92702
Interwest is providing construction management and inspection services for this project, which aims to widen a 1-mile segment of Warner Avenue, a regionally significant arterial roadway in the City of Santa Ana. Phase 1 involves an area of

0.3 miles along Warner Avenue between Main Street and Oak Street, widening the roadway from four to six lanes, with three lanes in each direction.

Khristine Courdy, Deputy Public Works Director
[email protected]
626.403.7240
South Pasadena
Interwest provided construction management and inspection services on this project which included repair of damaged asphalt pavement by grinding and overlay with conventional asphalt, installation of Petromat, reconnection of curb drains, localized repairs of damaged curb/gutter, sidewalk, and driveways, replacement of ADA access ramps, adjustment of manholes and utility covers, replacement of water services, valves, meter boxes, and fire hydrants, resetting of survey monuments. 1414 Mission Street, South Pasadena, CA 91030
$1.1M
ATTACHMENT 2
31 184

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:

Michael Ho, PE
714.990.7657
City of Brea
[email protected]
1 Civic Center Circle, Brea, CA 92821
$79M
The Project entails the construction of the SR 57 & Lambert Road Interchange which includes the re-alignment of the Northbound off-ramp, new Northbound on-ramp loop with bridge, widening of Lambert Road west (new right turn lane), widening of Northbound on-ramp, widening and extension of Southbound off-ramp, widening of Lambert Road east (new right turn lane) for Southbound on-ramp, widening and extension of Southbound on-ramp and bridge widening at Railroad Crossing, SR 57/ Lambert Bridge widening, Retaining walls, sound walls, and other various signal and street median improvements.
310.544.5282
Rancho Palos Verdes
[email protected]
Charles Eder
Interwest provided construction management and inspection services on the Area 8 Residential Street Rehabilitation Project, Phase I. This resurfacing project had a duration of 45 working days, with 10 additional days for pre/post-construction tasks, for a combined total of 55 working days. The engineer’s estimate for the entire project was $2.2 million. Interwest’s inspector was required for 10 hours per day and our project manager/construction manager was required for 2 hours per day.

Tasks included furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to remove and replace sidewalk, ramps, driveway aprons, curb & gutter, crack routing and sealing, and AC repairs at various locations throughout the City. All work was performed in strict conformance with the contract documents, permits from regulatory agencies with jurisdiction, and applicable regulations.
$2.2M
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
ATTACHMENT 2
32 185

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
August 25, 2023
Paul Meschino
23-01
Construction Management and Inspection Support Services for Adams Ave and Pinecreek Drive Intersection Project
ATTACHMENT 2
33 186

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." None
ATTACHMENT 2
34 187

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 2
35 188

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

N/A N/A N/A N/A N/A
Interwest Consulting Group, Inc.

August 25, 2023
ATTACHMENT 2
36 189

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-048 Meeting Date: 2/20/2024
TITLE:

AWARD MAINTENANCE SERVICES AGREEMENTS FOR AS NEEDED FIRE EQUIPMENT

MAINTENANCE, ANNUAL INSPECTION AND TESTING SERVICES
DEPARTMENT: PUBLIC WORKS DEPARTMENT, MAINTENANCE SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER (714) 754-5123
RECOMMENDATION:

Staff recommends the City Council:

1. Award Maintenance Services Agreements (MSAs) to Bit Pros, Incorporated, and Performance Truck Repair, Incorporated, for as needed fire equipment maintenance, annual inspection and testing services for a five-year period, for an annual amount of $200,000.

2. Authorize a ten percent (10%) contingency of $20,000 annually for unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation.

3. Authorize the City Manager and City Clerk to execute the agreements and future amendments to the agreements within Council authorized limits.

BACKGROUND:

The Equipment Maintenance Section of Public Works maintains over three hundred vehicles, including over forty pieces of fire equipment. The fire equipment requires regular maintenance, routine repairs and after-hours response for emergency repairs. Regular inspection and annual testing are required for all of the apparatus utilized for emergency and fire response. Proper maintenance, inspection and testing of fire apparatus is essential in ensuring timely and appropriate response to any emergency that may arise.

The Public Works Department is committed to serving the public by providing high quality services and continually maintaining, testing and improving the City’semergency response apparatus. This commitment is fulfilled utilizing a combination of City staff assigned to the Equipment Maintenance Section and outside vendors and services.

The City’sinventory of equipment and vehicles is aging with many units in service being past their

190
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The City’sinventory of equipment and vehicles is aging with many units in service being past their recommended service life. Reduced production, increased demand and supply chain issues have made the procurement of new emergency response vehicles difficult, resulting in the need to keep these units in frontline service in order to meet the needs of the City. These aging units require more frequent attention and repairs. Having additional resources will assist Equipment Maintenance with keeping these vital pieces of equipment in service.

The City’s existing agreement for as needed fire equipment maintenance, annual inspection and testing services expired.

ANALYSIS:

On January 8, 2024, the Purchasing Division advertised an Invitation for Bid (IFB) No. 24-05 for Fire Equipment Maintenance, Annual Inspection and Testing as required by the City of Costa Mesa Municipal Code. The IFB was posted on the Planet Bids website.

Purchasing received two bids from Bit Pros, Inc. and Performance Truck Repair, Inc. Both bids were comprehensive and met all the requirements of the IFB. Bit Pros, Inc. has performed fire equipment maintenance, annual inspection and testing services for the City for the past four years and has provided adequate resources and response times. Performance Truck Repair, Inc. is known to City staff and is a current service provider to a number of government agencies including the City of Long Beach and the Los Angeles County Fire Department. The use of multiple vendors will provide better coverage to address after hour emergency calls for mechanical service and limit downtime of the existing fleet.

Upon review of the submitted bids, staff has determined that both Bit Pros, Inc. and Performance Truck Repair, Inc. be awarded Maintenance Services Agreements based on their qualifications and experience.

ALTERNATIVES:

The City Council could choose not to authorize the MSA; reject all bids and re-advertise the IFB. This is not recommended as it would, most likely, not provide lower or more comprehensive responses. In addition, the lack of outside vendors to provide support services and testing could delay repairs and increase downtime of emergency apparatus, which could compromise timely response to emergency and life-saving situations.

FISCAL REVIEW:

Services for fire equipment maintenance, annual inspection and testing services are utilized by Equipment Maintenance and Fire on an as-needed bases. Sufficient funding is included in the adopted budget for Fiscal Year 2023-2024. Additional funding will be included in future proposed budgets.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report, prepared the MSAs and approves them as to form.

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File #: 24-048 Meeting Date: 2/20/2024
CITY COUNCIL GOALS AND PRIORITIES:

This agreement works toward achieving the following City Council goals:
· Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council:

1. Award Maintenance Services Agreements (MSAs) to Bit Pros, Incorporated, and Performance Truck Repair, Incorporated, for as needed fire equipment maintenance, annual inspection and testing services for a five-year period for an annual amount of $200,000.

2. Authorize a ten percent (10%) contingency annually for unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation.

3. Authorize the City Manager and City Clerk to execute the agreements and future amendments to the agreements within Council authorized limits.

192
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CITY OF COSTA MESA

MAINTENANCE SERVICES AGREEMENT
WITH

PERFORMANCE TRUCK REPAIR

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 20th day of February, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and Performance Truck Repair, Inc. (“Contractor”).

W I T N E S S E T H :

A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance of City property, as more fully described herein; and

B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and

C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and

D. 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 conditio ns contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the services described in the City’s Invitation for Bid (“IFB”), attached hereto as Exhibit “A,” and Contractor’s response to City’s IFB (the “Proposal”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).

1.2. Prevailing Wage Requirements.

(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, offic ers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages . Contractor shall pay the prevailing wage rates for all work per formed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, 193
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Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Worki ng Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth i n the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shal l be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, so cial security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection wit h this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employ er has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.

(f) Registration with DIR . Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the wor k will be done by City’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its 194
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discretion has the right to:

(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;

(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with Applicable Law . Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state 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 sa fety in employment; and all other applicable federal, s tate and local laws and ordinances applicable to the services required under this Agreement . Contractor 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 Contractor’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor 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, mari tal 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 . Contractor acknowledges that City may enter into agreements with other contractors for services similar to the S ervices in this Agreement or may have its own employees per form services similar to those S ervices contemplated by this Agreement.

1.7. Delegation and Assignment . Contractor m ay not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.

Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B. Contractor’s total compensation shall not exceed two hundred thousand dollars ($200,000.00). Thereafter, Contractor may annually, 30 days prior to the end of the contract year, request an increase to the prices based upon the differences between the CPI -U for the Los - Angeles-Long Beach -Anaheim statistical area comparing the immediately preceding October CPI-U with the October twelve months before that date.

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this 195
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Agreement as provided herein. 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 . Contractor 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 Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the S ervices performed , the date of performance, and the associated time for completion.

2.4. Records and Audits . Records of Contractor’s S ervices shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutual ly convenient times throughout the term of this Agreement through three (3) years after its termination.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The Services shall be performed in strict compliance with Exhibits A and B. 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, material shortages, compliance with laws or regulations, riots, acts of war, pandemics (excluding COVID-19) or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of three years, ending on February 19, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The city has the option to extend the contract for up to two additional one-year periods.

4.2. Notice of Termination. 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 writ ten notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.

In the event of such termination, Contractor 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 Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for wor k 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.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and 196
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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 in the most recent Best ’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, 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. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, 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.

(c) Workers’ compensation insurance as re quired by the State of California.

Contractor 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 Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

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 Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.”

(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.”

(c) Other insurance: “ Contractor’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 contri buting with the ins urance provided by this policy.”

(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) Contractor’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. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provision s contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

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.

6.2. Representatives. The C ity 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.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor 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 Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall 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, facsimile 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; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit 198
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in the U.S. Mail as reflected by the official U.S. postmark if such communi cation is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

Performance Truck Repair
892 W Tenth Street
Covina, CA 91724
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 327-7499 Tel: (714) 754-
Attn: David Killackey, Sr. Attn: Robert Ryan

Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-free Workplace Policy . Contractor shall provide a drug -free workplace by complying with all provisions set forth in City ’s Council Policy 100-5, attached hereto as Exhibit “C” and incorporated herein by reference. Contractor’s failure to conform to the requirements set forth in Council Po licy 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 pre vailing 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 te rms, 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. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’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 Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’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 performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall 199
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apply without any advance showing of negligence or wrongdoing by the Contractor, 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 Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit as serts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and /or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Contractor 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. This provision shall supersede and replace all other indemnity provisions contained either in the City ’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor 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 Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor 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. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contribution s, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing 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 en titlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if an y, will comply with all conflict of interest statutes of the State of California applicable to Contractor’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.

During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.15. 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 prevai l. 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 a ny such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.16. 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.

6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.18. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor 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.

6.19. Headings. 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.

6.20. 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.

6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
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6.22. 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.

6.23. 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.

6.24. 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.

6.25. 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.

[Signature page follows.]

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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.

CONTRACTOR

__________________________________ Date: __________________________ David Killacky, Sr.

President, Performance Truck Repair, Inc.

__________________________________ Date: __________________________ David Killacky, Jr.

Vice President, Performance Truck Repair, Inc.

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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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Robert Ryan
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

INVITATION FOR BID

FOR FIRE EQUIPMENT MAINTENANCE, ANNUAL INSPECTION AND TESTING 205

EXHIBIT B

CONTRACTOR’S PROPOSAL

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EXHIBIT C

CITY COUNCIL POLICY 100-5

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BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89

PAGE

1 of 3
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SUBJECT

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POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

b. Establishing a Drug-Free Awareness Program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Feder al, State, or local health agency, law enforcement, or other appropriate agency;

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

g. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

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CITY OF COSTA MESA

MAINTENANCE SERVICES AGREEMENT
WITH
BIT PROS INC. DBA BIT PROS FIRE SERVICES

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 20th day of February, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and BIT Pros, Inc. dba BIT Pros Fire Services a corporation (“Contractor”).

W I T N E S S E T H :

A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance of City property, as more fully described herein; and

B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and

C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and

D. 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 cond itions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the services described in the City’s Invitation for Bid (“IFB”), attached hereto as Exhibit “A,” and Contractor’s response to City’s IFB (the “Proposal”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).

1.2. Prevailing Wage Requirements.

(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, offic ers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages . Contractor shall pay the prevailing wage rates for all work per formed under this Agreement. When any craft or 211
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classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Worki ng Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be r esponsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social s ecurity number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.

(f) Registration with DIR . Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the wor k will be done by City’s Maintenance 212
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Services 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 Contractor to review the quality of the work and resolve the matters of concern;

(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with Applicable Law . Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state 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 safet y in employment; and all other applicable federal, s tate and local laws and ordinances applicable to the services required under this Agreement . Contractor 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 Contractor’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor 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, mari tal 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 . Contractor acknowledges that City may enter into agreements with other contractors for services similar to the S ervices in this Agreement or may have its own employees per form services similar to those S ervices contemplated by this Agreement.

1.7. Delegation and A ssignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.

Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee sc hedule set forth in Exhibit B. Contractor’s total compensation shall not exceed two hundred thousand dollars ($200,000.00). For the first two years, the pricing shall be fixed in the amounts set forth in Exhibit B. Thereafter, Contractor may annually, 30 days prior to the end of the contract year, request an increase to the prices based upon the differences between the CPI -U for the Los-Angeles-Long Beach-Anaheim statistical area comparing the immediately preceding October CPI-U with the October twelve months before that date.

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2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. 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 . Contractor 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 Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall descri be in detail, the S ervices performed , the date of performance, and the associated time for completion.

2.4. Records and Audits . Records of Contractor’s S ervices shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutual ly convenient times throughout the term of this Agreement through three (3) years after its termination.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The Services shall be performed in strict compliance with Exhibits A and B. 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, material shortages, compliance with laws or regulations, riots, acts of war, pandemics (excluding COVID-19) or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of three years, ending on February 19, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The city has the option to extend the contract for up to two additional one-year periods.

4.2. Notice of Termination. 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 writ ten notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.

In the event of such termination, Contractor 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 Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for wor k 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.

5.0. INSURANCE
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5.1. Minimum Scope and Limits of Insurance . Contractor 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 in the most recent Best ’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, 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. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, 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.

(c) Workers’ compensation insurance as re quired by the State of California.

Contractor 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 Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

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 Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.”

(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.”

(c) Other insurance: “ Contractor’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 M esa shall be excess and not contributing with the ins urance provided by this policy.”

(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, 215
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agents, employees, and volunteers.

(e) Contractor’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. Contractor shall provide to City certificates of insurance showing the insur ance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provision s contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

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.

6.2. Representatives. The C ity 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.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor 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 Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall 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, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served 216
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or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postma rk if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

BIT Pros, Inc.,
670 Opper Street
Escondido, CA 92029
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (760) 839-2641 Tel: (714) 754-
Attn: Leah Christianson Attn: Robert Ryan

Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-free Workplace Policy . Contractor shall provide a drug -free workplace by complying with all provisions set forth in City ’s Council Policy 100-5, attached hereto as Exhibit “C” and incorporated herein by reference. Contractor’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 p revailing 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 lega l 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. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’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 Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’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 217
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out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, 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 Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit as serts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and /or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Contractor 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. This provision shall supersede and replace all other indemnity provisions contained either in the City ’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor 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 Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor 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. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply wit h the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or 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, Contractor 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 218
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any contribution to be paid by City for employer con tribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’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.

During the term of this Agreement, Contractor and its officers, employees, asso ciates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.15. 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.

6.16. 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.

6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.18. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intende d to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.19. Headings. 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.

6.20. 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. 219
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6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.22. 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.

6.23. 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.

6.24. 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.

6.25. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute thi s Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

[Signature page follows.]

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Form Rev. 12-5-22

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.

CONTRACTOR

__________________________________ Date: __________________________ Chad Christianson
President, Bit Pros, Inc.

__________________________________ Date: __________________________ Leah Christianson
CFO/Secretary, Bit Pros, Inc.

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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Form Rev. 12-5-22

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Robert Ryan
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

222

EXHIBIT A

INVITATION FOR BID

FOR FIRE EQUIPMENT MAINTENANCE, ANNUAL INSPECTION AND TESTING 223

EXHIBIT B

CONTRACTOR’S PROPOSAL

224

EXHIBIT C

CITY COUNCIL POLICY 100-5

225

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89

PAGE

1 of 3
226

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

b. Establishing a Drug-Free Awareness Program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

227

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has mad e a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-049 Meeting Date: 2/20/2024
TITLE:

APPROVE INCREASES IN PURCHASING AUTHORITY TO AGREEMENTS FOR VEHICLE

PARTS AND SERVICES
DEPARTMENT: PUBLIC WORKS DEPARTMENT/MAINTENANCE SERVICES DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER (714) 754-5123
RECOMMENDATION:

Staff recommends the City Council:

Approve and authorize the City Manager to execute change orders that would authorize an increase in purchase authority of up to $175,000 to each of the following purchase orders for services and vehicle parts for the remainder of the current fiscal year and annually thereafter:
· Ford Motor Company
· NAPA Auto Parts
· South Coast Emergency Vehicle Services
· Southern California Fleet Services
BACKGROUND:

In order to maintain and repair over 300 pieces of equipment, vehicles and emergency response apparatus, the Equipment Maintenance section of the Public Works Department has purchase orders for services and vehicle parts with the above referenced vendors. Each of the above agreements was executed through a formal bidding process and cooperative agreements that met all requirements set forth in the City of Costa Mesa Municipal Code, Section 2-164(c) and Section 2-165 (5) and all requirements set forth by the State of California.

The following are current authorization limits for the above vendor contracts:
· Ford Motor Company - Cooperative Agreement with a $100,000 threshold; · NAPA Auto Parts - Cooperative Agreement with a $100,000 threshold; · South Coast Emergency Vehicle Services - Sole Source with a $100,000 threshold;