Agenda packet — Costa Mesa City Council, November 19, 2024 (part 1 of 5)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, November 19, 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 technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

Closed Captioning is available via the Zoom option in English and Spanish.

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Agenda November 19, 2024
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/81879579049?
pwd=_XoNBT2uciL7zrDsfj4A9Q9srLgExg.bQEU-le6VvXjPDeL
Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 818 7957 9049/ Password: 608584
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 818 7957 9049/ Password: 608584 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

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Agenda November 19, 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. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. 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. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.

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Agenda November 19, 2024
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 November 19, 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: 424-051-23; Property: 778 Shalimar Drive, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Dominic Bulone
Under Negotiation: Price and Terms of Payment

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 v. D’Alessio; 1963 Wallace Ave.

Orange County Superior Court Case No. 30 2020 01133479

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 424-211-01; Property: 695 W. 19th Street, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Jamboree Housing
Under Negotiation: Price and Terms of Payment

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5 REGULAR CITY COUNCIL AND HOUSING
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Agenda November 19, 2024

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY NOVEMBER 19, 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: Movember
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.

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Agenda November 19, 2024

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
24-384
RECOMMENDATION:

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

2. READING FOLDER 24-385
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Stacy Mai, Nicholas Meldrum, Norman Meldrum, Jinzi Quan.

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Agenda November 19, 2024

3. ADOPTION OF WARRANT RESOLUTION 24-360
RECOMMENDATION:

City Council approve Warrant Resolution No. 2725.

1. Summary Check Register 10-03-24

2. Summary Check Register 10-04-24

3. Summary Check Register 10-10-24

4. Summary Check Register 10-17-24

5. Summary Check Register 10-24-24

6. Summary Check Register 10-31-24
Attachments:

4. MINUTES 24-386
RECOMMENDATION:

City Council approve the minutes of the regular meeting of October 15, 2024.

1. 10-15-2024 Draft MinutesAttachments:

5. REVIEW AND APPROVE RECOMMENDED CITY COUNCIL MEETING
CALENDAR FOR 2025
24-383
RECOMMENDATION:

Review and approve the proposed City Council Meeting Calendar for 2025.

6. AMENDMENT OF THE MICROSOFT ENTERPRISE AGREEMENT

RENEWAL
24-396
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the purchase of additional Microsoft Enterprise subscription licenses through Dell Technologies in the amount of $36,383.

2. Authorize the City Manager to approve and execute future purchases of additional licenses for staff hires, not to exceed a total amount of $94,248.

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Agenda November 19, 2024

7. AUTHORIZE THE PURCHASE OF VEHICLES FROM SELMAN

CHEVROLET
24-391
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the purchase of two ( 2) Chevrolet Equinox EV and one ( 1) Chevrolet Silverado Trail Boss for a total of $157,970.05 from Selman Chevrolet located at 1800 E. Chapman Avenue, Orange, CA, 92867.

2. Authorize the City Manager or designee to execute the necessary documents for the purchase.

8. MEASURE M2 EXPENDITURE REPORT 24-393
RECOMMENDATION:

Staff recommends the City Council adopt the proposed Resolution No. 2024-xx, (Attachment 1) approving the Measure M2 Expenditure Report and authorizing staff to submit the report to the Orange County Transportation Authority (OCTA).

1. Proposed Resolution No. 2024-xx

2. Measure M2 Expenditure Report
Attachments:

9. RESOLUTION FOR SUBMITTAL OF A GRANT APPLICATION FOR

THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
(PROJECT P) FUNDING
24-394
RECOMMENDATION:

Staff recommends the City Council adopt the proposed Resolution No. 2024-xx, approving the submittal of a grant application for the Regional Traffic Signal Synchronization Program (Project P) under the Orange County Transportation Authority’s (OCTA’s) Comprehensive Transportation Funding Program (CTFP) for Fiscal Years 2025-2026 to 2027-2028.

1. Proposed Resolution No. 2024-xxAttachments:

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Agenda November 19, 2024

10. SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY

IMPROVEMENTS
24-395
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc. for professional engineering design services for the Signal Modernization for Systemic Safety Improvements project (Federal Project No. HSIPL-5312( 107)) in the amount of $300,729.75 (Attachment 1), in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $30,073 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

1. Proposed PSAAttachments:

11. ACCEPTANCE OF THE CONNECTOR PIPE SCREEN INSTALLATION PROJECT, PHASE IV, CITY PROJECT NO. 23-08
24-397
RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by United Storm Water, Inc. and authorize the City Clerk to file the Notice of Completion.

2. Authorize the City Manager to release the retention monies thirty-five ( 35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date.

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Agenda November 19, 2024

12. ACCEPTANCE OF CALRECYCLE SB 1383 LOCAL ASSISTANCE
OWR4 GRANT FUNDS
24-399
RECOMMENDATION:

Staff recommends the City Council:

1. Accept $295,972 in grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance OWR 4 Grant Program.

2. Authorize the City Manager or designee with signature authority to execute all documents necessary to implement the grant and all grant-related reports to CalRecycle.

3. Authorize revenue and expense appropriations in the amounts of $295,972, respectively, to account for the SB 1383 grant award in the City’s State Grant Fund (Fund 231).

1. OWR4 1383 Local Assistance Grant Program AwardsAttachments:

13. AWARD THE MAINTENANCE SERVICES AGREEMENT FOR

SIDEWALK INSPECTIONS WITH PRECISION CONCRETE CUTTING
24-402
RECOMMENDATION:

Staff recommends the City Council:

1. Award the Maintenance Services Agreement (MSA) for citywide sidewalk inspections with Precision Concrete Cutting, for an initial two-year period with three one-year renewal periods for a not- to-exceed annual amount of $150,000.

2. Authorize the City Manager or designee to execute the agreement and future amendments to this agreement within Council authorized limits.

1. College Buys Contract

2. MSA with Precision Concrete Cutting
Attachments:

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Agenda November 19, 2024

14. AWARD THE MAINTENANCE SERVICES AGREEMENT FOR TREE

MAINTENANCE SERVICES AND TREE CARE WITH WEST COAST
ARBORISTS, INC.
24-401
RECOMMENDATION:

Staff recommends the City Council:

1. Award the Maintenance Services Agreement (MSA) with West Coast Arborists, Inc. for tree maintenance services and tree care in the annual amount of $1,100,000, based on pricing provided through a cooperative agreement with the City of Rialto, for a term for an initial three-year period, effective December 1, 2024 - June 30, 2029, with the option of two one-year renewal period.

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

3. Authorize the City Manager or designee to execute the agreement and future amendments to this agreement within Council authorized limits.

1. City of Rialto RFB 24-025 WCA Agreement

2. WCA Agreement
Attachments:

15. AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH LYONS

SECURITY TO PROVIDE SECURITY GUARD SERVICES FOR THE

LIONS PARK CAMPUS, THE COSTA MESA SENIOR CENTER, AND

OPEN NMUSD CAMPUSES
24-404
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to Lyons Security Inc. for an annual amount of $490,000 towards unarmed security guard services for the Lions Park Campus, the Costa Mesa Senior Center, and three Newport Mesa Unified Campuses (Attachment 1).

2. Authorize the City Manager and City Clerk to execute the PSA.

3. Authorize the City Manager and City Clerk to execute future changes and amendments to the agreement and allow up to an additional 10% contingency in the amount of $49,000.

1. Lyons Security Services, Inc. PSAAttachments:

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Agenda November 19, 2024

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

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. PUBLIC HEARING ON ISSUANCE OF TAX-EXEMPT BONDS FOR

MESA VISTA APARTMENTS AND RESOLUTION APPROVING THE

ISSUANCE OF BONDS
24-403
RECOMMENDATION:

1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing, as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Costa Mesa M6 LP, to provide financing for the acquisition, construction, improvement, and equipping of an 87-unit multifamily rental housing project generally known as Mesa Vista Apartments.

2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $25,000,000 for the benefit of Costa Mesa M 6 LP, to provide financing for the acquisition, construction, improvement, and equipping of an 87-unit multifamily rental housing project generally known as Mesa Vista Apartments.

1. CDLAC Resolution

2. CTCAC Reservation Letter/Staff Report

3. TEFRA Resolution - Mesa Vista
Attachments:

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Agenda November 19, 2024

2. PUBLIC HEARING REGARDING THE DEVELOPMENT IMPACT FEES

ANNUAL REPORT AND THE TRAFFIC IMPACT FEE ANALYSIS FOR
THE FISCAL YEAR ENDED JUNE 30, 2024
24-387
RECOMMENDATION:

Staff recommends the City Council:

1. Receive and file the Development Impact Fees Annual Report (Attachment 1) for the Fiscal Year ended June 30, 2024.

2. Adopt resolution (Attachment 2) continuing the citywide traffic impact fee for new development that incorporates recommendations from the Traffic Impact Fee Ad Hoc Committee and staff, which include:
· Adopt a traffic impact fee of $228 per Average Daily Trip (ADT) based on the Capital Improvement Projects in Attachment 4 and Active Transportation projects in the adopted Active Transportation Plan (ATP). · Approve allocation of up to ten percent (10%) of traffic impact fees towards traffic signal synchronization projects.
· Approve a five percent (5%) reduction in automobile trips as a result of ATP implementation and an additional five percent (5%) reduction in automobile trips for developments proposing to implement active transportation improvements beyond typical development requirements. · Approve the annual accounting of the Citywide Traffic Impact Fee Program (Attachment 6).

1. 2023-24 DIF Report

2. Traffic Impact Fee Resolution

3. Citywide Traffic Impact Fee Annual Report

4. Revised TIF Calculation 2024

5. Chronology of City Council Actions

6. FY23-24 TIF Accounting
Attachments:

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14 REGULAR CITY COUNCIL AND HOUSING
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Agenda November 19, 2024
OLD BUSINESS:

1. INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING TITLE 3 (ANIMAL REGULATIONS) OF THE COSTA MESA

MUNICIPAL CODE BY AMENDING CHAPTER I (IN GENERAL) AND

CHAPTER VI (SPECIAL ANIMAL PERMIT) TO PROVIDE FOR

BEEKEEPING AND TO CLARIFY APPEAL PROCEDURES FOR

SPECIAL ANIMAL PERMITS
24-364
RECOMMENDATION:

Staff recommends the City Council introduce for first reading the attached Ordinance No. 2024-XX amending Title 3 (Animal Regulations) of the Costa Mesa Municipal Code by amending Chapter I (In General) and Chapter VI (Special Animal Permit) to allow for the lawful keeping of bees and /or hives within the City and to clarify appeal procedures for special animal permits.

1. CMMC BEEKEEPING ORDINANCE

2. Residential Beekeeping Application

3. Residential Beekeeping Best Management Practices
Attachments:

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Agenda November 19, 2024
NEW BUSINESS:

1. AWARD OF THE 2024-2025 CITYWIDE PARKWAY MAINTENANCE,

STREET REHABILITATION, AND SLURRY SEAL PROJECT, CITY
PROJECT NO. 24-03, AND FINDING OF CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL

EXEMPTION
24-398
RECOMMENDATION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301.

2. Adopt plans, specifications, and working details for the 2024-2025 Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project, City Project No. 24-03.

3. Award a Public Works Agreement (PWA) for construction to Onyx Paving Company, Inc., 2890 East La Cresta Avenue, Anaheim, California 92806 in the amount of $9,163,000 (Base Bid).

4. Authorize the City Manager and City Clerk to execute the PWA with Onyx Paving Company, Inc ., and future amendments to the agreements within Council authorized limits.

5. Authorize an additional ten percent (10%) contingency, in the amount of $916,300 for construction, as needed for any unforeseen costs related to this project.

ENVIRONMENTAL DETERMINATION:

The proposed action is exempt from the California Environmental Quality Act (CEQA). The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. In addition, the proposed action is exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and /or minor alteration of existing public facilities.

1. Location Maps

2. Bid Abstract

3. Public Works Agreement
Attachments:

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Agenda November 19, 2024

2. APPROVE THE ACQUISITION OF REAL PROPERTY LOCATED AT
778 SHALIMAR DRIVE, COSTA MESA, CA 92627 FOR EVALUATION

OF COMMUNITY SERVING PUBLIC USES
24-407
RECOMMENDATION:

Staff recommends the City Council:

1. Determine the acquisition of the property is exempt from analysis under the California Environmental Quality Act (CEQA).

2. Approve the acquisition of real property located at 778 Shalimar Drive, Costa Mesa, CA 92627 for evaluation of community serving public uses.

3. Authorize the release of all contingency items related to the Real Estate Purchase Agreement, including appraisal and inspections.

4. Authorize a budget appropriation in the amount of $1.5 million from audited General Fund Unassigned Fund Balances for the acquisition of 778 Shalimar Drive, Costa Mesa, CA 92627.

5. Authorize the City Manager and City Clerk to execute any and all real estate purchase documents, disclosures, escrow paperwork and future authorized changes and amendments necessary.

1. Real Property Purchase Agreement - 778 Shalimar Drive

2. Site Plan

3. Site Photos

4. Vicinity Map

5. ACFR Fund Balance Reserves
Attachments:

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Agenda November 19, 2024

3. ADOPTION OF SALARY AND BENEFIT RESOLUTIONS FOR THE

COSTA MESA DIVISION MANAGERS ASSOCIATION (CMDMA) ,

CONFIDENTIAL MANAGEMENT UNIT AND EXECUTIVE EMPLOYEES
24-406
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and Adopt Resolution Number 2024-XX revising the pay ranges and benefits for the Costa Mesa Division Managers Association.

2. Approve and Adopt Resolution Number 2024-XX revising the pay ranges and benefits for the Confidential Management Unit.

3. Approve and Adopt Resolution Number 2024-XX revising the pay ranges and benefits for Executive Employees.

1. SALARY RESOLUTION - CMDMA

2. SALARY RESOLUTION - CMU

3. SALARY RESOLUTION - EXECUTIVE
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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18 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-384 Meeting Date: 11/19/2024
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 further reading of Ordinances and Resolutions.

Page 1 of 1 ends

19 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-385 Meeting Date: 11/19/2024
TITLE:

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

City Council receive and file Claims received by the City Clerk: Stacy Mai, Nicholas Meldrum, Norman Meldrum, Jinzi Quan.

Page 1 of 1 ends

20 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-360 Meeting Date: 11/19/2024
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2725.

BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 24-20 On Cycle for $3,898,458.86, No. 24-21 On Cycle for $3,771,599.41, 24-21 “A”Off Cycle for 105,000.00, and 24-22 On Cycle for 3,723,833.76, and City operating expenses for $7,726,631.11.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-386 Meeting Date: 11/19/2024
TITLE:

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

City Council approve the minutes of the regular meeting of October 15, 2024.

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Minutes – Regular Meeting October 15, 2024 Page 1 of 11

REGULAR CITY COUNCIL AND HOUSING AUTHORITY
TUESDAY, OCTOBER 15, 2024 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m.

ROLL CALL

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

Absent: Council Member Marr.

PUBLIC COMMENTS – NONE.

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 Name of Employee Organization: Costa Mesa Division Managers Association

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6,(a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Confidential Management Unit

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Executive Confidential Unit

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa United States District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE
192
Minutes – Regular Meeting October 15, 2024 Page 2 of 11

5. 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

6. 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

7. 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 4:02 p.m. for Closed Session.

Closed Session adjourned at 5:48 p.m.

CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:04 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the mayor led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Rabbi Stephen Einstein, Congregation B’Nai Tzedek, Fountain Valley.

ROLL CALL

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

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

The City Council recognized October as Breast Cancer Awareness Month 2024 and presented the proclamation to the Susan G. Komen Foundation.
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Minutes – Regular Meeting October 15, 2024 Page 3 of 11 PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke against W. 19th Street traffic improvements and on witnessing a crash, spoke against Measure K, spoke on voting, and spoke on a planning commissioner’s views on parking.

Constance Esposito, United Sovereign Americans, spoke on a resolution submitted by United Sovereign Americans.

Speaker, read wording from the resolution submitted by the United Sovereign Americans.

Ursin Russell, Costa Mesa, spoke in support of the resolution read by previous speakers regarding elections, and requested the item be placed on the next City Council agenda.

Speaker, requested safety measures at Fair Drive and Loyola Road.

Dolores Ellis, President of Bean’s Beagles Dog Rescue, spoke on dog shelters and dog rescues, spoke on adoptions being down, and spoke on the need for help in shelters.

Jay Humphrey, Costa Mesa, spoke on disability accommodations and ADA compliance, spoke on the need for hearing accommodations at other city facilities, and offered to help find solutions.

Yolanda Macias, Founder of Bean’s Beagles Dog Rescue, thanked Council Member Harper for his donation, spoke on the non-profit, and spoke on the rescue of dogs.

Tyler Wayman, Costa Mesa, spoke against the bike lanes on Santa Ana Avenue, and spoke on parking problems in the area.

Benny Hallock, spoke against the bike lanes on Santa Ana Avenue, submitted a petition regarding the project, spoke on parking issues related to the project, spoke on problems dropping off and picking up children at the school, and expressed safety concerns.

Speaker, spoke against the bike lanes on Santa Ana Avenue, expressed concern on the expansion of the CIP budget and the appearance of “shaking down” businesses for Traffic Impact Fees, and spoke on safety in the city.

Speaker, spoke on Bean’s Beagles Dog Rescueand rescuing dogs, thanked Council Member Harper for his donations to various charities in the city, and spoke on supporting animal shelters and rescues.

Speaker, spoke on public transit, improving bus stops and beautifying the city, spoke on collaboration with Orange County Transportation Authority, spoke on a transit signal priority project, and spoke on increasing bus services on arterial streets. 194
Minutes – Regular Meeting October 15, 2024 Page 4 of 11 Speaker, Resilience Orange County, spoke on hosting an Affordable Housing/Tenants Rights meeting, spoke on National Hunger and Homelessness Awareness Week in November, spoke on the Tenants Know Your Rights Workshop on October 21 st, and spoke on working with Council Member Chavez on the alleyway improvements.

Juano Trejo, thanked Sergio Escobar for his assistance with housing services, spoke in support of the Tenant Protection Ordinance, thanked Council Member Chavez for attending an affordable housing event, spoke on safety concerns, and requested additional police patrols.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Gameros spoke on celebrating Halloween and participating in the Barktoberfest Event.

Council Member Harper spoke on voter integrity, expressed concern regarding the Santa Ana Avenue bike lane project, and spoke on bike safety.

Council Member Marr reported that no city staff engage in anything that resembles “shaking down” businesses, in response to a public comment.

Council Member Reynolds spoke on safe streets, routes to schools, spoke on speed reductions on Costa Mesa streets, thanked staff for handling the bus maintenance issues, spoke on maintenance practices and upgrading the bus stop facilities, spoke on Orange County Transportation Authority hosting a walk audit on Monday, October 28th, and on October 29th at the Norma Hertzog Community Center the County of Orange will host a Talbert Park Master Plan Process community meeting, and spoke in support of ADA equipment upgrades at the Senior Center and in all community rooms.

Council Member Chavez spoke on attending the Orange County Pride Festival, spoke on attending the Fire Department open house, spoke on attending the 1 Million Homes event, spoke on alleyway improvements and trash can enclosers, spoke on Think Together leaving the City and working on other resources to support the community with their absence, spoke on free bus rides on election day, spoke on elections and democracy, and spoke in support of ADA equipment upgrades.

Mayor Pro Tem Harlan spoke on attending the State of the Schools event by Newport Mesa Unified School District, participated in the Walk to School event at Kaiser Elementary, and spoke on Newport Harbor High School winning the Battle of the Bay.

Mayor Stephens spoke on attending the Orange County Pride event, the 75 th anniversary of Lighthouse Church, the Newport Rib Company 40 th anniversary, spoke on the Halloween Boutique at Triangle Square, spoke in support of ADA upgrades at City facilities, spoke on the Project Hope Alliance open house on October 16 th, spoke on Human Options candlelight vigil on October 16th, and the Veteran of the Year event on November 1 st and the Mayor nominated Vic Bakkila for the award.

REPORT – CITY MANAGER – Ms. Farrell Harrison spoke on the accomplishments and successes of the Network for Homeless Solutions, spoke on the Great Shake Out and emergency preparedness on October 17th, and will look into the ADA upgrades. 195
Minutes – Regular Meeting October 15, 2024 Page 5 of 11 REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR
MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve the Consent Calendar except for item no. 6.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Edwin Ramos Madrid, Ashley Ned.

3. MINUTES
ACTION:

City Council approved the minutes of the regular meeting of October 1, 2024.

4. COMPUTER SYSTEM REPLACEMENT PROGRAM
ACTION:

1. City Council approved the purchase of 60 desktop and 32 laptop computer systems in phase 1-of-3 to replace end-of-life computers.

2. Authorized the City Manager or designee to execute purchase orders with Dell and CDW-G in the amount of $248,250.

3. Authorized the City Manager or designee to approve cost increases of up to 10% for each phase of the project in the event of rising equipment prices. 196
Minutes – Regular Meeting October 15, 2024 Page 6 of 11

5. SPECTRUM ENTERPRISE SERVICE AGREEMENT
ACTION:

1. City Council approved the 5-year Spectrum Enterprise Service Agreement between the City of Costa Mesa and Charter Communications Operating LLC, on behalf of subsidiary Spectrum Enterprise, for the continued network connections between City Hall and all of the remote sites throughout the City, commencing on November 1 2024, through October 31, 2029.

2. Approved the Service Order in the annual amount of $209,889 (paid in monthly installments of $17,490.68).

3. Authorized the City Manager and the City Clerk to execute the agreement.

4. Authorized the City Manager or designee to accept and execute future amendments including any potential increase in services and equipment as long as the amendments are within the appropriated budget.

ITEMS PULLED FROM THE CONSENT CALENDAR

6. ON-CALL ENGINEERING STAFF SUPPORT AND PROGRAM MANAGEMENT

SERVICES
Public Comments:

Jay Humphrey, Costa Mesa, requested clarification on why this item was placed on Consent Calendar.

Speaker, spoke in support of the item and the completion of projects faster.

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

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council approved and authorized the City Manager and the City Clerk to execute the Professional Services Agreements (PSA) with each consulting firm listed below from October 15, 2024 - June 30, 2029, in substantially the form as attached and in such final form as approved by the City Attorney for on-call engineering staff support and program management services for various Public Works projects.
197
Minutes – Regular Meeting October 15, 2024 Page 7 of 11 · Ardurra Group, Inc.
· TKE Engineering, Inc.
· Transtech Engineers, Inc.
· Iteris, Inc.

2. Authorized the City Manager and the City Clerk to execute future amendments with the above-listed firms including any potential increases in compensation as long as the amendments are within the approved allocated aggregate amount of $400,000 annually amongst all firms.
---------------------------------------END OF CONSENT CALENDAR------------------------------------------ PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.

NEW BUSINESS:

1. RECEIVE AND FILE CONCEPTUAL DESIGN OF THE FIRE STATION NO. 2

RECONSTRUCTION PROJECT
Presentation by Mr. Bauer, Deputy Public Works Director.

Public Comments:

Speaker, spoke on the $10 million appropriated for the project and $2 million earmarked from the fund balance, and spoke in support of borrowing less money.

Kyle Bishop, Costa Mesa, spoke in support of the project.

MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council received and filed the conceptual plans for the design of the Fire Station No. 2 Reconstruction Project.
198
Minutes – Regular Meeting October 15, 2024 Page 8 of 11

2. PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUDEK FOR CLIMATE

ACTION AND ADAPTATION PLAN CONSULTING SERVICES
Presentation by Ms. Gregg, Contract Planner.

Public Comments:

Phil Chipman, Costa Mesa, spoke in support of the item.

Speaker, spoke on if the item is necessary, spoke on city resources, spoke on city processes, and spoke on utilizing city finances for CIP projects.

Craig Preston, spoke in support of the item.

Speaker, Resilience Orange County, spoke in support of the item and encouraged engagement with the Latino community.

MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Approve staff recommendation with the following changes:
 Conduct individual meetings with Councilmembers during the visioning phase to get input on potential and priority measures.
 Provide mid-project update to City Council (Council Meeting or Study Session) at Completion of the following milestones:
- GHG Inventory & Wedge Analysis
- Vulnerability Assessment
- Selection of Emissions Reduction Measures
- Selection of Adaptation Measures
 Initiate public engagement no later than April 2025 (Earth Month).  Require any marketing materials to adhere to sustainability principles (e.g., re- usable, biodegradable) and be sourced through Costa Mesa businesses.  Work with consultant to determine whether and Interim Deliverable(s) is needed to leverage key grant funding opportunities.
 Examine how to expedite project schedule.

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: Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 6-1
ACTION:

1. City Council approved the Professional Services Agreement (PSA) for two years with two one-year renewals in the amount of $418,625 to Dudek (Environmental, Planning and Engineering Firm) for consulting services. 199
Minutes – Regular Meeting October 15, 2024 Page 9 of 11

2. Authorized a ten percent (10%) contingency in the amount of $41,862 for unforeseen costs related to the project.

3. Authorized a budget adjustment of $300,000 from the Capital Improvement Fund (401) fund balance and $50,000 from the SoCal Gas Climate Adaptation and Resiliency Grant.

4. Authorized the City Manager, or designee, and City Clerk to execute the PSA and any future amendments to the agreement.

3. HOUSING ELEMENT IMPLEMENTATION UPDATE & DEVELOPMENT SERVICES

PROCESS IMPROVEMENTS TO FACILITATE HOUSING DEVELOPMENT
Presentation by Ms. McGill, Planning and Sustainability Development Manager.

Public Comments:

Speaker, spoke on expediting housing implementation and goals.

Christian Lopez, Resilience Orange County, spoke on housing for lower income individuals and families, spoke in support of very low-income units and that the City should prioritize the production of very low-income units.

Speaker, Resilience Orange County, spoke in support of very low and low-income production.

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

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council received the staff presentation regarding Housing Element implementation progress and development services resource enhancements and provided feedback.

4. ACCEPTANCE OF PART 1 OF THE STORM DRAIN MASTER DRAINAGE PLAN (SDMDP) UPDATE
Presentation by Mr. Yang, City Engineer, Mr. Fouladi, Senior Engineer, and Mr. Ryan, Consulting Project Manager, Q3 Consulting.
200
Minutes – Regular Meeting October 15, 2024 Page 10 of 11 Public Comments: None.

MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve staff recommendation with the following changes:
 When discharge to Santa Ana River is referenced, replace with “discharge to Talbert Regional Park, Randall Preserve, and the Santa Ana River Corridor, which contain environmental mitigation sides and sensitive habitat areas”.  On page 21, “Environmental Restrictions” section, add “In addition, some downstream discharge areas include environmental mitigation sites and sensitive habitat areas”.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council accepted Part 1 of the Storm Drain Master Drainage Plan (SDMDP) update consisting of the Existing Conditions Assessment Report (ECAR) and the Drainage & Water Quality Improvements.

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

ADJOURNMENT – Mayor Stephens adjourned the meeting at 11:04 p.m. 201
Minutes – Regular Meeting October 15, 2024 Page 11 of 11 Minutes adopted on this 19th day of November, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
202

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-383 Meeting Date: 11/19/2024
TITLE:

REVIEW AND APPROVE RECOMMENDED CITY COUNCIL MEETING CALENDAR FOR 2025 DEPARTMENT: CITY MANAGER’S OFFICE /CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, 714-754-5221 RECOMMENDATION:

Review and approve the proposed City Council Meeting Calendar for 2025.

BACKGROUND:

The City conducts regularly scheduled City Council meetings on the first and third Tuesdays of the month and Study Session meetings on the second Tuesdays of the month.

Per Council direction at the June 7, 2016 meeting, the City Council meeting will go dark on the third Tuesday in August and per Resolution 05-8, the third Tuesday in December.

ANALYSIS:

The City Council has the legal authority to establish meeting dates and times and to cancel or reschedule such meetings with proper and timely public notice. The regularly scheduled meeting on Tuesday, January 7, 2025, coincides with the time frame of the scheduled Council Chamber’s technology upgrades project; hence the Chamber will not be available for a meeting as the vendor will be conducting work at that time. The project time frame provides the least amount of disruption to City meetings but does require work to be done on January 7th in order to ensure completion by January 21st due to the vendor’sworkload and schedule. Additionally, the 1st meeting in July of 2025 precedes the July 4th holiday and the City’sJuly 3rd celebration event. This popular event continues to grow in attendance each year and has reached over 7,000 attendees. Preparation for this event requires assistance from all departments throughout City Hall. In addition, attendance for a City Council meeting during a holiday week tends to decline. Canceling the January 7th and the July 1st meetings in advance allows time for proper public noticing and placement of items on other City Council agendas. The proposed 2025 City Council meeting calendar is as follows:
· January 21, 2025
· February 4, 2025
· February 18, 2025

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File #: 24-383 Meeting Date: 11/19/2024
· March 4, 2025
· March 18, 2025
· April 1, 2025
· April 15, 2025
· May 6, 2025
· May 20, 2025
· June 3, 2025
· June 17, 2025
· July 15, 2025
· August 5, 2025
· September 2, 2025
· September 16, 2025
· October 7, 2025
· October 21, 2025
· November 4, 2025
· November 18, 2025
· December 2, 2025
ALTERNATIVES:

The City Council may choose to add meetings on January 7th and July 1st; however, this action is not recommended as it would delay the City Council Chamber technology upgrades and staff would have to find an alternative time frame for the necessary technology upgrades that could impact the use of the Council’sChambers beyond January 2025. Furthermore, staffing levels are impacted by the City’sJuly 3rd event which requires assistance of City staff from various departments due to the large scale of the event and coordination with the OC Fair and Event Center.

FISCAL REVIEW:

There is no fiscal impact to this agenda item.

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File #: 24-383 Meeting Date: 11/19/2024
LEGAL REVIEW:

The City Attorney’s Office has reviewed the report and approved as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Review and approve the recommended City Council Meeting Calendar for 2025.

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205

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-396 Meeting Date: 11/19/2024
TITLE:

AMENDMENT OF THE MICROSOFT ENTERPRISE AGREEMENT RENEWAL DEPARTMENT: INFORMATION TECHNOLOGY
PRESENTED BY: STEVE ELY, DIRECTOR
CONTACT INFORMATION: STEVE ELY (714) 754-4891
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the purchase of additional Microsoft Enterprise subscription licenses through Dell Technologies in the amount of $36,383.

2. Authorize the City Manager to approve and execute future purchases of additional licenses for staff hires, not to exceed a total amount of $94,248.

BACKGROUND:

As part of its information technology practices, the City typically upgrades and deploys core software in a timeframe that keeps software versions at or near current commercial release versions. This practice helps to ensure critical City software is current with security-related improvements and product enhancements.

In August 2024, the City Council approved and renewed the three-year Microsoft Enterprise Agreement. This agreement expires on August 31, 2027.

During the life of the Microsoft Enterprise Agreement, the City has saved money through volume purchasing and greatly simplified licensing that required only a few annual transactions. Software pricing is obtained through the County of Riverside’sMaster Microsoft Enterprise Agreement Number 8084445, Select Plus Agreement Number 7756479, Microsoft Premier, Unified, and MCSD Support Services (Licensing Solution Provider Agreement Number PSA-0001530) to achieve the most competitive pricing.

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File #: 24-396 Meeting Date: 11/19/2024
ANALYSIS:

Microsoft’s Enterprise Agreement is a volume subscription licensing program that enables organizations with a minimum of 250 qualified users or devices the flexibility to purchase cloud services, and software licenses and updates under one agreement at a lower price than when purchased individually. This program includes Software Assurance, Microsoft’senhanced software maintenance package. The City’s current Enterprise Agreement is through Dell Technologies.

Subscription licensing program pricing is as follows:

Vendor Recommendation # Additional Quantity of M365
Licenses
Annual Total
Dell #1 to add licenses 35 $36,383
Dell #2 to not exceed 88 $94,248
Considering the City’s current dynamic staffing needs, the I.T. Department requests additional funding for the purchase of additional licenses. This will ensure all staff have access to necessary Microsoft accounts and tools, supporting effective operations.

ALTERNATIVES:

Should the Council choose not to approve the purchase of additional licenses, certain staff will lack Microsoft accounts and access to essential programs, potentially hindering productivity.

FISCAL REVIEW:

Funding for the Microsoft’s Enterprise Agreement is included in the Information Technology Replacement Fund (Fund 603) for the Fiscal Year 2024-25 Adopted Budget, under Computer Operations (account string 590800-603-14600-50710-250004).

LEGAL REVIEW:

The City Attorney’s Office has reviewed the documents and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports City Council Goal:
· Maintain and enhance the City’s infrastructure, facilities, and equipment.

CONCLUSION:

Staff recommends the City Council:

1. Approve the purchase of additional Microsoft Enterprise subscription licenses through Dell Technologies in the amount of $36,383.

2. Authorize the City Manager to approve and execute future purchases of additional licenses for staff hires, not to exceed a total amount of $94,248.

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207

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-391 Meeting Date: 11/19/2024
TITLE:

AUTHORIZE THE PURCHASE OF VEHICLES FROM SELMAN CHEVROLET 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. Approve the purchase of two (2) Chevrolet Equinox EV and one (1) Chevrolet Silverado Trail Boss for a total of $157,970.05 from Selman Chevrolet located at 1800 E. Chapman Avenue, Orange, CA, 92867.

2. Authorize the City Manager or designee to execute the necessary documents for the purchase.

BACKGROUND:

Consistent with past practices, new and/or replacement vehicle and equipment requests are evaluated during the annual budget process along with Equipment Maintenance staff recommendations.

The City’sadopted Fiscal Year 2024-2025 Operating Budget includes the addition of several new vehicles including: one (1) Chevy Bolt EV or equal electric vehicle assigned to Development Services, one (1) Chevy Bolt EV or equal assigned as a pool vehicle, and one (1) Chevy Silverado Trail Boss assigned to Costa Mesa Fire Department staff. The purchase of new vehicles is necessary in order to upgrade the City’sfleet of operable vehicles to serve the community and its stakeholders.

The purchases will also provide vehicles to newly added staff that serve the community.

ANALYSIS:

The City issued an Invitation for Bid (IFB) No. 25-07 for the purchase of two Chevy Equinox 1LT and one Chevy Silverado 1500 Trail Boss on August 29, 2024, through PlanetBids.

In response to the IFB, four (4) bids were received. Of the four (4) bids, two (2) were deemed non- responsive as they were not authorized Chevrolet dealerships as required in the IFB. Of the remaining bids, only one was able to provide a quote on all three (3) vehicles. The 2024 Chevrolet Equinox EV was an approved alternative as the Bolts are no longer manufactured after 2023.

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File #: 24-391 Meeting Date: 11/19/2024
Equinox EV was an approved alternative as the Bolts are no longer manufactured after 2023.

Selman Chevrolet was identified as the lowest, responsive bidder at $157,970.05.

ALTERNATIVES:

The City Council could choose not to authorize the purchase of the new vehicles from Selman Chevrolet. This is not recommended as this would result in further delays in the procurement of approved vehicles and leave field staff without transportation to perform essential functions in the field. This could potentially result in safety issues, as well as delayed services to the public.

FISCAL REVIEW:

Funds for the proposed City vehicles are available in the Equipment Replacement Fund (Fund 601), approved in Fiscal Year 2024-25 Adopted Budget.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approves it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item works toward achieving the following City Council goals:
· Strengthen the public’s safety and improve quality of life. · Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends the City Council:

1. Approve the purchase of two (2) Chevrolet Equinox EV and one (1) Chevrolet Silverado Trail Boss for a total of $157,970.05 from Selman Chevrolet located at 1800 E. Chapman Avenue, Orange, CA, 92867.

2. Authorize the City Manager or designee to execute the necessary documents for the purchase.

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209

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-393 Meeting Date: 11/19/2024
TITLE:

MEASURE M2 EXPENDITURE REPORT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ADMINISTRATION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: CHRISTINE TSAO, SENIOR MANAGEMENT ANALYST (714) 754 -5024
RECOMMENDATION:

BACKGROUND:

The approved guidelines for Renewed Measure “M”(M2) eligibility requires that local agencies prepare and adopt an annual expenditure report on Measure M2 funds. The expenditure report is a detailed financial report, which tracks financial activity related to Measure M2 and other improvement funds. The report should account for the receipt, interest earned, and use of Measure M2 and other funds as outlined in the Ordinance approved by the OCTA Board and the Orange County voters. OCTA requires the annual report to be provided within six (6) months from the end of the jurisdiction’s fiscal year.

ANALYSIS:

In order to qualify for Measure M2 funding, all agencies must meet certain eligibility criteria established by the Ordinance approving the “M2”Program. Preparation of the expenditure report is one such requirement that each jurisdiction has to meet on an annual basis.

The guidelines require each city to prepare and adopt an annual expenditure report to account for Measure M2 funds, developer/traffic impact fees, and funds expended by the City to satisfy Maintenance of Effort requirements. The following are the requirements of the expenditure report:
· Submit report within six (6) months of the jurisdiction’s end of fiscal year; · Include all Measure M2 revenue, fund balances, and interest earned; · Identify expenditures by activity type (capital, operations, administration, etc.) and the funding source for each program/project; and

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File #: 24-393 Meeting Date: 11/19/2024
· Submit the expenditure report signed by the Finance Director accompanied by a resolution from the City Council.

The City of Costa Mesa’sreport for Fiscal Year 2023-24 is due by December 31, 2024. Staff prepared the attached expenditure report (Attachment 2) in accordance with OCTA guidelines. The report was reviewed in draft form by OCTA staff, and the information provided was determined to be acceptable.

Staff recommends the City Council’sapproval of the proposed resolution, approving the expenditure report, and authorizing staff to submit the report to OCTA.

ALTERNATIVES:

The City Council may choose not to approve the proposed resolution. This alternative would make the City ineligible to receive Measure M2 funds from the Orange County Transportation Authority.

Staff does not recommend this alternative.

FISCAL REVIEW:

The expenditure report took into account the final review of revenues and expenses for Fiscal Year 2023-24. The information contained in the M2 Expenditure Report was also reviewed by OCTA staff and determined to be acceptable. For Fiscal Year 2023-24, total revenues amounted to $4.3 million of which $3.5 million reflected annual ongoing Local Fair Share funds, and $0.8 came from specialized grants. Total expenses amounted to $2.4 million, resulting in a fund balance of $1.9 million related to Fiscal Year 2023-24. All Measure M2 funding is to be used for restricted purposes, including street rehabilitation and traffic signal synchronization, to name a few.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this agenda report and resolution and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Achieve Long-Term Fiscal Sustainability
CONCLUSION:

The voter-approved Measure M2 requires local agencies to meet certain eligibility requirements for receipt of Measure M2 funds, including approval of the M2 Expenditure Report. Staff recommends that the City Council adopt the proposed resolution approving the M2 Expenditure Report for Fiscal Year 2023-24, for submittal to OCTA.

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Attachment 1

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF COSTA MESA FOR THE FISCAL YEAR ENDING JUNE 30, 2024

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by the local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and WHEREAS, the M2 Expenditure Report must include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six (6) months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AS FOLLOWS:

Section 1. The City Council of the City of Costa Mesa does hereby inform the OCTA that:
(a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of the fiscal year.
(b) The M2 Expenditure Report is hereby adopted by the City of Costa Mesa.

Resolution No. 2024-XX Page 1 of 3
212
(c) The Costa Mesa Finance Director is hereby authorized to sign and submit the Measure M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2024.

Section 2 . The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.

PASSED AND ADOPTED this 19th day of November, 2024.

John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

Resolution No. 2024-xx Page 2 of 3
213

THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2024-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of November, 2024, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November, 2024.

________________________
Brenda Green, City Clerk

Resolution No. 2024-xx Page 3 of 3

214
ATTACHMENT 2
215
216
217
218
City of Costa Mesa
I hereby certify that:

M2 Expenditure Report
Fiscal Year Ended June 30, 2024
Signature Page
� All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
� The interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated;
NJ The City of Costa Mesa is aware of the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties", which is a guide for determining MOE Expenditures for M2 Eligibility purposes; � The City of Costa Mesa's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties;" and � The City of Costa Mesa has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2023-24 MOE benchmark dollar amount11.

Carol Molina t,OA,Qfnkw, � l&!59f-Director of Finance (Print Name) Date �g Signature
11 Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark. 219

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-394 Meeting Date: 11/19/2024
TITLE:

RESOLUTION FOR SUBMITTAL OF A GRANT APPLICATION FOR THE REGIONAL TRAFFIC

SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) FUNDING
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAMIN NIKOUI, SENIOR ENGINEER, (714) 754-5184 RECOMMENDATION:

BACKGROUND:

In November 1990, the Orange County voters approved Measure “M”,a 20-year, half-cent local sales tax to fund transportation improvements countywide. In November 2006, the Orange County voters passed the Renewed Measure “M”Program (M2), extending the half-cent sales tax for the next 30 years, beginning in the year 2011. Revenues from this extended sales tax are proposed to fund a wide range of improvements in Orange County, including freeway, arterial, and transit systems. In September 2011, the OCTA Board of Directors approved guidelines for the CTFP and subsequently authorized the annual “Call for Projects” under the “M2” Program.

The “2025 Call for Projects” was issued by OCTA for the Regional Traffic Signal Synchronization Program (RTSSP) or Project “P”.The City is proposing to upgrade traffic signal infrastructure along the Bristol Street corridor using this program funding. The proposed improvements will benefit all modes of transportation, including pedestrians and bicyclists. Some of the proposed improvements include Accessible Pedestrian Signals (APS) and video detection cameras that can detect bicyclists at signalized intersections.

ANALYSIS:

OCTA has developed several regional competitive programs under the CTFP. While the City did not participate in last year’s“2024Call for Projects,”approximately $13 million was awarded countywide within the RTSSP (Project “P”).The RTSSP funds up to 80 percent of project costs with the remaining 20% covered by the City’s matching funds.

The City of Costa Mesa, partnering with the Cities of Santa Ana and Newport Beach, submitted a

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File #: 24-394 Meeting Date: 11/19/2024
The City of Costa Mesa, partnering with the Cities of Santa Ana and Newport Beach, submitted a joint Project “P”grant application for the Bristol Street Corridor project to OCTA by the application deadline of October 24, 2024. The City of Santa Ana assumed the role of “Lead Agency” for the submittal of the application.

The project submitted will need to meet certain minimum requirements to be eligible for the M2 grants. While the City has met all these eligibility requirements, OCTA requires approval of the attached resolution prior to any consideration of City applications. The submittal of applications in response to this “2025 Call for Projects” will not be deemed complete and final until an adopted resolution is submitted to OCTA. The resolution authorizes the Public Works Director or designee to submit the grant application and any required documents, to accept any funds awarded by OCTA, to provide matching funds for the project, and to execute any agreements, assurances, or other documents required in connection with the acceptance of such funds.

ALTERNATIVES:

City Council may consider not to adopt the resolution. However, this alternative is not recommended as it would result in the City being deemed ineligible to compete for available Project “P”grant funding.

FISCAL REVIEW:

If staff is successful in capturing grant dollars under the CTFP, the City will need to participate by providing a local match, which will be 20 percent. Available sources to fund this local match include Traffic Impact Fee funds, Air Quality Management District (AQMD) AB2766 funds, and Capital Improvement Funds. If the City is successful in capturing CTFP grant funding, the project will be implemented within a two-to-three-year period. This would allow for the City to adequately budget any required matching funds.

If the grant is awarded from OCTA, the City of Costa Mesa would receive a maximum reimbursement in the amount of approximately $1,150,000 with a required local match of approximately $290,000 for the traffic signal system related improvements. Subject to City Council approval, staff would either return to City Council for approval of a budget adjustment recognizing and appropriating the grant funding and required match to the appropriate project account or complete those steps through the annual budget development process.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this staff report, prepared the proposed resolution and approved them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the public’s safety and improve the quality of life. · Maintain and enhance the City’s facilities, equipment and technology.

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File #: 24-394 Meeting Date: 11/19/2024
CONCLUSION:

Staff recommends the City Council adopt the proposed Resolution No 2024-xx (Attachment 1), approving the submittal of a grant application for the Regional Traffic Signal Synchronization Program (Project P) under the Orange County Transportation Authority’s (OCTA’s) Comprehensive Transportation Funding Program (CTFP) for Fiscal Years 2025-2026 to 2027-2028.

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ATTACHMENT 1

Resolution No. 2024-xx Page 1 of 3

RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, APPROVING THE SUBMITTAL OF A FUNDING APPLICATION TO

THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SYNCHRONIZATION

PROGRAM (RTSSP)

THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:

WHEREAS, the Measure M2 Regional Traffic Signal Synchr onization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions; and WHEREAS, the City of Costa Mesa has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as part of Measure M2; and
WHEREAS, the CITY must include all projects funded by Net Revenues in the seven - year Capital Improvement Pro gram as part of the Renewed Measure M Ordinance eligibility requirement; and
WHEREAS, the CITY authorizes a formal amendment to the seven -year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary; and WHEREAS, the City of Costa Mesa has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies’ efforts to synchronizing traffic signals across local agencies’ boundaries; and
WHEREAS, the City of Costa Mesa will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual; and
WHEREAS, the City of Costa Mesa will not use Renewed Measure M funds to supplant Developer Fees or other commitments; and
WHEREAS, the City of Costa Mesa desires to implement multi -jurisdictional signal synchronization listed below.

NOW, THEREFORE, BE IT RESOLVED THAT:

The City Council of the City of Costa Mesa hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City’s application to said City from the Regional Traffic Signal Syn chronization Program. Said funds, if approved, shall be matched by funds from said City as required and shall be used as 223
ATTACHMENT 1

Resolution No. 2024-xx Page 2 of 3

supplemental funding to aid the City in signal synchronization along the following street(s):

PROJECT PROGRAM FY

Bristol Street Traffic Signal Synchronization RTSSP 25/26

PASSED AND ADOPTED this 19th day of November, 2024.

_______________________________
John Stephens, Mayor
224
ATTACHMENT 1

Resolution No. 2024-xx Page 3 of 3

ATTEST: APPROVED AS TO FORM:

_______________________________ _______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2024-xx and w as duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of November, 2024, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of November 2024.

_______________________________

BRENDA GREEN, CITY CLERK (SEAL)

225

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-395 Meeting Date: 11/19/2024
TITLE:

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAMIN NIKOUI, SENIOR ENGINEER, (714) 754-5184 RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc. for professional engineering design services for the Signal Modernization for Systemic Safety Improvements project (Federal Project No. HSIPL-5312(107)) in the amount of $300,729.75 (Attachment 1), in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $30,073 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

BACKGROUND:

In 2022, the City of Costa Mesa completed a Local Road Safety Plan (LRSP), which identified a framework to identify, analyze and develop traffic safety enhancements on the City’s roadway network. The LRSP identified systemic traffic signal-related infrastructure improvements that can be implemented throughout the City to enhance safety for all modes of travel. In late 2022, using data and recommendations from the LRSP, the City applied for grant funds for the 11th cycle of the Highway Safety Improvement Program (HSIP). In 2023, the City was awarded federal grant funds to design and implement systemic safety improvements to 129 of the City’s 131 signalized intersections.

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File #: 24-395 Meeting Date: 11/19/2024
the City to standard 12” signal heads, installing battery backup systems at major intersections to keep signals and pedestrian crossings active during unexpected power outages, and installing emergency vehicle preemption devices at the remaining 30 intersections to complete the preemption network for the City’s emergency services.

ANALYSIS:

On August 28, 2024, the City issued a Request for Proposals (RFP) for professional engineering design services for the Signal Modernization for Systemic Safety Improvements project (Federal Project No. HSIPL-5312(107)). Six (6) proposals were received to provide the professional engineering design services. Proposals were reviewed for compliance with the City’s RFP, and consultants were evaluated based on project understanding, depth of experience, technical expertise, and associated evaluation criteria.

After a thorough evaluation of the proposals and consultant interviews with the highest ranked firms, staff finds Kimley-Horn and Associates, Inc. (Kimley-Horn) to be well qualified to perform the requested engineering design services for the Project. The proposal submitted by Kimley-Horn represents a thorough understanding of the Project, complies with City requirements, and documents Kimley-Horn’stechnical ability and experience with similar projects. The design fees proposed by Kimley-Horn were determined to be competitive and commensurate with the requested services.

ALTERNATIVES:

One alternative would be to not approve the PSA and conduct the project using in-house resources.

However, the technical expertise and volume of the work associated with the project exceeds staff’s available resources and time. This would result in delays in the completion of the design within the timelines indicated in the grant.

FISCAL REVIEW:

Funding for the proposed PSA with Kimley-Horn is available in the existing Capital Improvement Project (Fund 401) approved in the Fiscal Year 2024-25 budget.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the public’s safety and improve the quality of life. · Maintain and enhance the City’s facilities, equipment and technology.

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File #: 24-395 Meeting Date: 11/19/2024
CONCLUSION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc. for professional engineering design services for the Signal Modernization for Systemic Safety Improvements project (Federal Project No. HSIPL-5312(107)) in the amount of $300,729.75 (Attachment 1), in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $30,073 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

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Rev. 10-2024

CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT

WITH KIMLEY-HORN AND ASSOCIATES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of November, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and KIMLEY-HORN AND ASSOCIATES , a North Carolina corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to provide engineering design services for signal modernization for systemic safety improvements, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
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 conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the profess ional services described in City’s Request for Proposals No. 25 -04, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
ATTACHMENT 1
229

2 Kimley-Horn & Associates
Rev. 10-2024

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

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 harassment, workplace violence, discrimination, minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required und er this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or reco vered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.

Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.

(a) Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

(b) Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age , religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

(c) If requested to do so by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

(d) Contractor shall recruit vigorously and encourage minority - and women - 230

3 Kimley-Horn & Associates
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owned businesses to bid its subcontracts.

(e) Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.

(f) The Contractor shall include the provisions set forth in subparagraphs (a) through (e) (above) in each of its subcontracts.

(g) The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the State of California that the Consultant has, unless exempt, complied with the nondiscrimination requirements of Government Code § 12990 and 2 CCR § 8103.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment . This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

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 confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosur e is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

1.9. Workplace Safety. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractor’s fa ilures to comply with such laws, ordinances, codes and regulations.

(a) Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Costa Mesa City Risk Manager's Office by telephone. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub -Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed 231

4 Kimley-Horn & Associates
Rev. 10-2024

description of the accident and whether any of City's equipment, tools, material, or staff were involved.

(b) Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident.

1.10. State Prevailing Wage Rates.

(a) No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.

(b) The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation’s Regional/District Labor Compliance Officer.

(c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

(d) Payroll Records: 1) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classifica tion, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employees by the Consultant or Subconsultant; 2) The payroll records enumerated under paragraph 1) above shall be certified as corre ct by the Consultant under penalty of perjury. Each Consultant shall submit a certified copy of the records to the entity that requested the records within ten (10) calendar days after receipt of the written request.

(e) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City’s Contract Administrator.

(f) Penalty. The Consultant and any of its Subconsultants shall comply with Labor Code § 1774 and § 1775. Pursuant to § 1775, the Consultant and any Subconsultants shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calenda r day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public 232

5 Kimley-Horn & Associates
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work done under the Agreement by Consultant or by its Subconsultants in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive.

(g) Pursuant to Labor Code § 1775, the City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

2.0. COMPENSATION AND BILLING

2.1. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” (Consultant’s Cost Proposal) attached hereto and made a part of this Agreement. Consultant’s total compensation, based upon lump sum, shall not exceed Three Hundred Thousand Seven Hundred Twenty-Nine Dollars and Seventy-Five Cents ($300,729.75).

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

2.3. Method of Billing . Consultant may su bmit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Prompt Payment of Withheld Funds to Subconsultants. The City may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the City, or the contract work, and pay retainage to Consultant based on these acceptances. The City shall designate that n o retainage will be held by the City from progress payments due to Consultant. Consultant and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of pa yment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consult ant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

2.5. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 233

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3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . Unless otherwise agreed to in writing by the parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement and completion of work shall be no later than November 18, 2027. 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. The Project Schedule may be amended by mutual agreement of the parties.

Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, h owever, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such o ther party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of thirty-six (36) months, ending on November 18, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) one (1) year period 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 ter mination 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.

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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 complet e and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps a nd 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 . Consultant shall obtain , maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better 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, Two Million Dollars ($2,000,000.00) general aggregate.

(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.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work.

Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three yea rs after completion of the work hereunder.

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5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the 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.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.6. Excess Coverage . To the extent that Contractor maintains any insurance coverage(s) in amounts or types which are not expressly called out in this Agreement, such additional coverage(s) shall be deemed to be required by this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the 236

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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.

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. Debarment and Suspension Certification: Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000.

(a) By signing this agreement and Exhibit “K,” Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.

(b) By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency;

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.

6.5. Additional Contract Provisions – Federal. Contractor shall comply with all of the terms and conditions of Exhibit “F,” Article XXXII Title VI Assurances, Appendix A, which is attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall execute and be bound by the provisions of Exhibit “G,” Article XXXII Title VI Assurances, Appendix B; Exhibit “H,” Article XXXII Title VI Assurances, Appendix C, Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program; Exhibit “I,” Article 237

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XXXII Title VI Assurances, Appendix D, Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility, or Program; Exhibit “J,” Article XXXII Title VI Assurances, Appendix E; Exhibit “K,” Debarment and Suspension Certification; Exhibit “L,” Additional Contract Provisions – Federal Provision; Exhibit “M,” Disadvantaged Business Enterprises (DBE) Participation; Exhibit “N,” Certification for Contracts, Grants, Loans, and Cooperative Agreements – Certification Regarding Lobbying (Appendix A, 44 C.F.R. Part 18); Exhibit “O,” The Iran Contracting Act (ICA) of 2010; Exhibit “P,” Consultant Contract DBE Commitment; Exhibit “Q,”Prohibition on Expending Local Agency, State, or Federal Funds for Lobbying ; Exhibit “R,” Cost Principles and Administrative Requirements; Exhibit “S,”Retention of Records/Audits; Exhibit “T,” Audit Review Procedures; and Exhibit “U,” Subcontracting.

6.6. Notices. Any notices, documents, correspondence or other communications regarding interpretation of the terms of this Agreement, changes thereto, or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and ( b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Kimley-Horn & Associates
1100 West Town & Country Road
Suite 700
Orange, CA 92868
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626

Tel: (714) 939-1030 Tel: (714) 754-5184
Attn: Jean Fares, P.E. Attn: Ramin Nikoui

Courtesy copy to:

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

6.7. Drug-Free Workplace Policy . Consultant shall provide a drug -free workplace by complying with all provisions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “E” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.8. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing par ty in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

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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 Los Angeles County, California.

6.10. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall r elease Consultant of Consultant’ s obligation to perform all other ob ligations to be performed by Consultant hereunder for the term of this Agreement.

6.11. 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 negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, o fficers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or aut horized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.12. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consul tant 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.

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agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributi on and/or employee contributions for PERS benefits.

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

6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.15. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000, 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 7924.510, 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.

6.16. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.

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

6.17. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants this this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to 240

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pay only for the value of the work actually performed, or to deduct from this Agreement prices or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

6.18. Prohibition of Expending City, State, or Federal Funds for Lobbying.

(a) The Consultant certifies, to the best of his or her knowledge and belief, that 1) No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Con gress, in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite form making or entering into this transaction imposed by 31 U.S.C. § 1 352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

(d) The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

6.19. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Con sultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

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

6.21. 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 241

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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.

6.22. 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.

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

6.24. 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.

6.25. 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.

6.26. 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.

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

6.28. 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 prov ision 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 s hall 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.

6.29. 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.

6.30. 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 242

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constitute one agreement.

6.31. 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.

[Signatures appear on following page.]
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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.

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell
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: __________________________ Ramin Nikoui
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

REQUEST FOR PROPOSALS

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Addendum No. 1

REQUEST FOR PROPOSALS FOR SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS (FEDERAL PROJECT NO. HSIPL-5312(107)), RFP NO. 25-04

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CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200

FROM THE DEPARTMENT OF PUBLIC WORKS/ TRANSPORTATION SERVICES DIVISION

DATE: SEPTEMBER 11, 2024

TO: ALL PROSPECTIVE BIDDERS

SUBJECT: ADDENDUM NO. 1 – REQUEST FOR PROPOSALS FOR SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS (FEDERAL PROJECT NO. HSIPL-5312(107))

Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected]. A COPY WILL NOT BE SENT BY MAIL.

Received by: _______________________________________________________________

Company: _________________________________________________________________

All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.

CLARIFICATIONS TO REQUEST FOR PROPOSALS:

The following questions were received through Planetbids prior to the deadline for written questions including subsequent answers and clarifications. Please note that all duplicate questions have been omitted.

1. Can we include multiple intersections on one sheet.

A. Yes, multiple intersections can be used on one sheet.

2. We recently won the Staff Augmentation Contract, would Iteris be eligible to submit the 2nd proposal (Signal Modernization RFP) without causing any conflict case?

A. Yes, any consulting firms that have on-call contracts with the City can still propose on City projects. If one of the City’s on-call consultants is awarded the project, none of the on-call staff will be able to work on any aspect of the project to avoid conflicts of interest.

3. The Proposal Format Guidelines state that proposals "should contain no more than 12 typed pages". We request that the page limit be increased to 30 or 40 pages in order to effectively address the scope and other requirements listed in the RFP.

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A. City staff has determined that the 12-page limit called out in the RFP is adequate for this type of project. Please note that resumes of key staff, federal forms, financial docs, pricing forms, and City required forms are not counted against the 12-page limit.

4. Could the PDF HSIP (non-scanned & clickable) application be provided? At a minimum, could the HSIP Analyzer / Detailed Engineer’s Estimate be provided? Will any as-builts / CAD files be provided?

A. The HSIP grant application will be provided to the selected consultant upon award. The City does not have as-builts or CAD files.

5. What is the City’s design budget for this project? What is the City’s anticipated design schedule for this project? Are there are any HSIP funding deadlines the consultant will be required to meet? Can the City provide the itemized construction cost estimate from the HSIP grant application?

A. The City has a design budget of $300k for the project. Per the RFP, the City is anticipating 120 calendar days to complete the project. The HSIP grant application will be provided to the selected consultant upon award.

6. Under Qualifications & Experience of the Firm; Item 8 states “Provide a sample of each background investigation for each contract”. – What does this mean

A. Per the City’s Finance Department, “If there was an issue between the Consultant and whomever they had a contract with, then […] the city would like to know the background/history of the issues”

7. In Qualifications & Experience of the Firm it states, “Provide a sample of each background investigation for each contract”. If this is for sample plans please confirm this can be placed in the Appendix due to the page count.

A. If applicable, please include in the Appendix.

8. Do we need to include a 10-H Form?

A. The 10-H form has been removed from Caltrans Local Assistance Manual and renamed as the sample cost proposal. Please refer to the RFP for specific instructions regarding preparation and submission of the cost proposal.

9. Does a Cover Page count towards the 12-page count?

A. Yes, the cover page is included in the page count.

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10. Has any technical reports have been prepared for the proposed project, and if so, can those technical reports be provided with the RFP?

A. Staff does not understand what is meant by technical report. If this is referring to the application, please note that the HSIP application will be provided to the selected consultant upon award.

11. In 3. Proposer’s Minimum Requirements it states, “d. The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours or emergencies who is authorized to make decisions on matters pertaining to this contract with the City. Office facilities that support daily operations must be within ninety (90) miles of the City”. Does a home office satisfy the requirements outlined under item D above?

A. The office must be an official local office of the consulting firm and would need to be listed on the consultant’s website as a satellite office to be eligible.

12. In Financial Capacity: it states, “The City is concerned about proposers’ financial capability to perform, and therefore, is requesting copies of audited financials from the past three years to allow an evaluation of firm’s financial capabilities”. This information is confidential. Please confirm it will be separate confidential upload or that it can be placed with the Cost information?

A. This information is required by the City’s Finance Department. If possible, please include this information with the main proposal as a separate file when uploading to Planetbids. It should not be submitted with the cost proposal. After the highest ranked consultant is determined and awarded, consultant firms may reach out and request this information to be deleted.

13. Qualifications & Experience of the Firm: #2, 3, and 4 are asking for information that is also requested in Key Personnel. In which section should this information be placed?

A. Aligned with the evaluation criteria in the RFP, information regarding staffing should be placed in key personnel section and the qualifications & experience section should focus on the consulting firm.

14. Can the text for Disclosure and Sample Professional Service Agreement be included in the letter instead of a section in the Proposal?

A. No, please include as part of the proposal.

15. In 18. Federal-Aid Provisions you are requesting a Exhibit 10-O2 Consultant Contract DBE Commitment. Please confirm that this will be placed in the cost file?

A. The highest ranked consultant will submit the Exhibit 10-O2 form to the City after notice of intent to award but prior to the actual award so that it can be 249
Addendum No. 1

REQUEST FOR PROPOSALS FOR SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS (FEDERAL PROJECT NO. HSIPL-5312(107)), RFP NO. 25-04

Page 4 of 4 ends

included in the Contract. The Exhibit 10-O1 form should be included in the proposal (not the cost proposal)

16. In the RFP it states, “18. Federal-Aid Provisions: Exhibit 10-O2 Consultant Contract DBE Commitment – prior to execution of contract”. Do you want this form now or at the time of award?

A. Please see answer to question 15.

17. Should "Exhibit 10-01 Consultant Proposal DBE Commitment" be included in appendix with other forms (RFP Appendix C)?

A. Please include this form within the Appendices of your proposal.

The contents of this addendum shall have precedence over all related provisions within the contract documents. It is the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders. Should it be necessary to request clarification on these matters, please send your request via e-mail at [email protected].

Please acknowledge receipt of this bid addendum by filling out and signing within the rectangle on the first page of this bid addendum and e-mailing it to [email protected].

Sincerely,

Ramin Nikoui, PE, TE, PTOE
Senior Engineer
250

REQUEST FOR PROPOSAL

FOR

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS
(FEDERAL PROJECT NO. HSIPL-5312(107))

RFP NO. 25-04

PUBLIC WORKS

CITY OF COSTA MESA

Released on
August 28, 2024

251

REQUEST FOR PROPOSAL
FOR

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS
(FEDERAL PROJECT NO. HSIPL-5312(107))

The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified consultants to provide professional engineering design services for the development and construction bid documents of the City’s federally-funded Signal Modernization for Systemic Safety Improvements (Federal Project No. HSIPL-5312(107)). The awarded Contractor, (hereinafter referred to as “Contractor”) shall be in accordance with the Sample Professional Service Agreement, Appendix B terms, conditions, and scope of work. Prior to submitting a Proposal, Proposers are advised to carefully read the instructions below, including the Sample Professional Service Agreement and any solicitation appendix/exhibits. The schedule for the design phase is anticipated to be four (4) months; however the term is expected to be for 3 years with 2 one-year renewal options. The City reserves the right to award one or more contracts for this service.

I. GENERAL INFORMATION
The City of Costa Mesa is a general law city, which operates under the council/manager form of government with an annual General Fund budget of over $189.9 million and a total budget of $240.10 million for fiscal year 2024-2025.

The City of Costa Mesa, incorporated in 1953, has an estimated population of 115,000 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine.

The City is a “full service city” providing a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs.

The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation.

The successful Proposer, shall have experience in similar types of services. All Proposers responding to this Request for Proposal (RFP) will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, ability to meet the requested services, adequate staffing, reference check, understanding of services, cost and responsiveness to the needs and concerns of the City of Costa Mesa.

1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Proposer to review, evaluate, and, where necessary, request any clarification 252

prior to submission of a Proposal. Proposers are not to contact other City personnel with any questions or clarifications concerning this Request for Proposal (RFP). The City’s Public Works Department contact set out in RFP, Section II, Subsection 2, Inquires, will provide all official communication concerning this RFP. Any City response relevant to this RFP other than through or approved by City’s Public Works Department is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on PlanetBids. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s Public Works Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

2. Schedule of Events: This Request For Proposal shall be governed by the following schedule:

Release of RFP August 28, 2024
Deadline for Written Questions September 10, 2023 at 11:00 a.m.

Responses to Questions Posted September 12, 2024
Proposals are Due September 19, 2024 at 2:00 p.m.

Approval of Contract TBD
**All dates are subject to change at the discretion of the City.

3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A– Scope of Work, of this RFP are invited to submit a proposal, provided they meet the following requirements. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.
a. The consultant must provide five references for municipal projects of similar size and scope that have been completed within the last five years in California.

b. Projects considered similar in scope include traffic signal design projects with construction bid documents for other municipalities and agencies.

c. The proposer shall have five (5) years of current experience in providing traffic signal modification design services for cities and other government agencies.

d. The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours or emergencies who is authorized to make decisions on matters pertaining to this contract with the City. Office facilities that support daily operations must be within ninety (90) miles of the City.

e. All Proposers must identify the project manager, and the individual authorized to negotiate the contract on behalf of the consulting firm; and provide an organization chart showing all proposed key project team members.

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f. The proposer shall have experience managing federally funded projects administered by Caltrans. The proposer shall have experience working with the Local Assistance Procedures Manual (LAPM) and all the required federal procedures and forms.

II. GENERAL INSTRUCTIONS AND PROVISIONS

1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 12 typed pages using a 12-point font size, including cover letter, Index/Table of Contents, tables, charts, and graphic exhibits, but excluding resumes of key people and pricing forms. Each Proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer’s response:
 Cover Letter: A cover letter, not to exceed two pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.

 Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Appendix A of this RFP.

 Project Approach and Methodology: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Work of this RFP. The section should include:

1. Describes familiarity of project and demonstrates understanding of work and project objectives moving forward.

2. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

3. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion.

4. Identifies the project’s potential issues and response to them.

5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost- effective operations or increased performance capabilities.  Qualifications & Experience of the Firm : Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are 254

similar in size and scope to demonstrate competence to perform these services. Information shall include:

1. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to provide design services.

2. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.

3. Overall organization of the team is relevant to City of Costa Mesa needs.

4. Team is managed by an individual with appropriate experience in similar project. This person's time is appropriately committed to this project.

5. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.

6. If the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state & zip, and the date local office opened its doors for business.

7. If the owner is a partnership or joint venture, please provide: Name of partnership or joint venture, principal office street address, city, state, and zip code, state of organization, date of organization, first and last name of general partner(s), local office address, city, state, and zip code, and date local office opened its doors for.

8. Provide a list of current and previous contracts similar to the requirements for this project in Costa Mesa, including all public agencies served (if any). For each, provide a brief description of the scope of work performed, the length of time you have been providing services, and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record. Provide a sample of each background investigation for each contract.

9. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work.  Financial Capacity: The City is concerned about proposers’ financial capability to perform, and therefore, is requesting copies of audited financials from the past three years to allow an evaluation of firm’s financial capabilities.

Per federal requirements, a contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31, as noted in LAPM Ch. 10, at https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch10.pdf.

 Key Personnel: It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Proposer must agree to assign specific individuals to the key positions.

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o Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and filed positions providing the services described in the Proposal, and the functions to be performed by each.

o Include resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of relevant experience. Describe for each such person, the relevant role and functions for each project.

 Cost Proposal: Provide a cost proposal for the project. Please provide a cover letter stating the not-to-exceed total fee for the project. The method of payment for this project shall be lump sum. The cost proposal is confidential and will be unsealed after all proposals have been reviewed, and the most qualified consultant has been selected. Proposals shall be valid for a minimum of 180 days following submission.

The following applies to all consultant AND subconsultants:

o The cost proposal must be in the same or similar format as the sample cost proposal form provided in the Local Assistance Procedures Manual (LAPM) and must also be provided by all subconsultants as supplement to the prime consultant’s cost proposal package. The sample cost proposal can be accessed online at: https://dot.ca.gov/- /media/dot-media/programs/local-assistance/documents/ae/files/sample-cost- proposal-1-for-contracts-with-cost-plus-fixed-fee-or-lump-sum.pdf. The proposal must identify the specific assigned personnel, their direct labor rates and their number of hours. All indirect cost rates must be developed in compliance with Federal cost principles 48 CFR 31 and shall be fixed for the duration of the contract.

 To help alleviate and remove potential barriers with developing Indirect Cost Rates for federal projects, the Division of Local Assistance (DLA) has adopted Caltrans Division of Procurement and Contract’s (DPAC) Safe Harbor Rate (SHR) process and rates. The SHR information and rates can be found at the DLA Consultant Selection and Procurement website:
https://dot.ca.gov/programs/local-assistance/guidance-and- oversight/consultant-selectionprocurement.
 Use of the SHR is voluntary on behalf of the A&E consulting firm. The City has the discretion to determine certification of eligibility based on requirements shown on the SHR certification form which can be accessed online at:
https://dot.ca.gov/-/media/dot-media/programs/procurement- contracts/documents/ca-safe-harbor-rate-form.pdf

 If the A&E consulting firm would like to use their own indirect cost rates, please attach the Certification of Indirect Costs and Financial Management System.

This form can be accessed online at: https://ig.dot.ca.gov/-/media/ig- media/documents/fdr/ig_certification_indirect_costs_financial_management_sy stem_v2.pdf

o Proposers are to also provide a separate table breakdown of the lump sum proposal based on milestones/deliverables. The contract will be paid based upon percentage of 256

work complete of the defined milestones. If work tasks or deliverables are proposed that are not specifically listed in the City’s Scope of Work, please identify those costs as separate and optional. Please make sure that the costs match with the aforementioned sample cost proposal.

 Disclosure: Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

 Sample Professional Service Agreement: The firm selected by the City will be required to execute a Professional Service Agreement with the City. A sample of the Agreement is enclosed as Appendix B. Because this project is federally funded, the Agreement will be modified to include federal requirements including language provided in the LAPM Exhibit 10-R form. The Exhibit 10-R form can be accessed online at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/c10/10r.pdf.

The City will prepare the Agreement when a consultant is selected to perform the work. If a Proposer has any exceptions or conditions to the example Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement.

 Checklist of Forms to Accompany Proposal: As a convenience to Proposers, following is a list of the forms, Appendix C included in this RFP, which should be included with Proposals:

1. Vendor Application Form

2. Company Profile & References

3. Ex Parte Communications Certificate

4. Disclosure of Government Positions

5. Disqualifications Questionnaire

6. Bidder/Applicant/Contractor Campaign Contribution

2. Process for Submitting Proposals:
 Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.

 Preparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

 Cost for Preparing Proposal: The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City.

Cost proposal shall be submitted in a separate file. The cost proposal is confidential and will be unsealed after all proposals have been reviewed, and the most qualified consultant has been selected. Proposals shall be valid for a minimum of 180 days following submission.

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 Forms to Accompany Proposal: Appendix C forms shall be attached at the end of the Proposal with the exception of the Cost Proposal which shall be submitted in a separate file.

 Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis

 Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 2:00 p.m. (P.S.T) on September 19, 2024. Proposals will not be accepted after this deadline. Proposals received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Proposer to see that the proposal is received in proper time. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS.

 Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than September 10, 2024 at 11:00 A.M . The City reserves the right not to answer all questions.

The City reserves the right to amend or supplement this RFP prior to the Proposal due date.

All addendum(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business-Bids & RFP's. Proposers should check this web page daily for new information.

From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on Planetbids will be accepted, and no response other than written will be binding upon the City.

 Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified.

 Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:

 Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.

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 W-9 – Current signed form W-9 (Taxpayer Identification Umber & Certification) which includes Contractor’s legal business name(s).

3. Evaluation Criteria: In accordance with federal requirements, the responsive responsible proposer shall be determined based on evaluation of qualitative factors. At all times during the evaluation process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub-criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below.

1. Project Approach & Methodology ------- 30%

2. Qualifications & Experience of Firm ------- 20%

3. Experience and Record of Success on Similar Projects ---- 20%

4. Key Personnel ---- 20%

5. Familiarity with Federal Procedures ---- 10%

4. Evaluation of Proposals and Selection Process: The professional services contract will not be awarded based on competitive bidding. The City’s evaluation and selection process will be conducted in accordance with The Brooks Act (40 USC, Section 1104) and Caltrans LAPM, Chapter 10. The consultant shall be selected based on fair and open competitive negotiations, demonstrated competence, and professional qualifications, at a fair and reasonable price. All proposals will be evaluated by a committee assembled by the City of Costa Mesa. Proposals will first be screened to ensure responsiveness to the RFP. An incomplete proposal, a Proposal that does not include all the documents required to be submitted by this RFP will be deemed nonresponsive and rejected. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals. The Committee will then rank the proposals. The committee will evaluate each proposal that meets the qualification requirements set forth in this RFP. The Committee may also contact the Proposer’s references.

A. Responsiveness Screening : Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.

B. Initial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach or qualifications are not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the highest ranked consultant or proceed to interview the highest ranked consultants.

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C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for the week of October 1st and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626 or virtually at the discretion of the City. The dates are subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.

In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.

Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award. Once the highest ranked consultant is identified, the City will open the Cost Proposal and enter negotiations.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.

5. Protests : The consultant shall follow the protest procedures and dispute resolution process per the Code of Federal Regulations 2 CFR Part 200.318(k) and 2CFR 172.5(c)(18).

6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.

If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre-contractual expenses are 260

not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:

 Preparing Proposal in response to this RFP;
 Submitting that Proposal to the City;
 Negotiating with the City any matter related to the Proposal; and,  Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.

8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.

If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.

Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.

Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.

9. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.

Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix C with their Proposals certifying that they have not had or directed prohibited communications as described in this section.
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10. Conflict of Interest: The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing Design Engineering Services and/or Construction Engineering Services under a contractual relationship with a construction contractor(s) on any local project listed in this Scope of Work must disclose the contractual relationship, the dates and the nature of the services. The prime consultant and its sub-consultants shall also disclose any financial or business relationship with the construction contractor(s) who are working on the projects that are assigned for material Quality Assurance and Quality Control (QA/QC) services through task orders on the contract.

Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any Design Engineering services including claim services, Lead Project Management services and Construction Engineering Services provided to all other clients on any local project listed in this Scope of Work.

In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the agency’s projects’ listed in this Scope of Work. The submitted documentation will be used for determining potential conflicts of interest.

If a Consultant discovers a conflict during the execution of an assigned task order, the Consultant must immediately notify the Contract Manager regarding the conflicts of interest. The Contract Manager may terminate the Task Order involving the conflict of interest and may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify the Contract Manager may be grounds for termination of the contract.

Some examples of conflict of interest are the following:

 Certified Materials Tester(s) or Plant Inspector(s) from the same company that performs Quality Control for the Contractor and Quality Assurance for the City of Costa Mesa on the same project.

 Providing services to construction contractor’s subcontractors, fabricators, equipment installer, material suppliers and other firms associated with the projects listed in the Contract can be a potential conflict of interest when such contractor teams are identified.

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11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix C.

12. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which will be modified by the City to include federal requirements.

All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.

Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement.

13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix C.

14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted via PlanetBids. Proposers should check this web page daily for new information.

15. Schedule: Due to federal funding deadlines, the City needs to expedite this project and anticipates a schedule of 120 calendar days to complete the scope of work in Appendix A.

16. Disadvantaged Business Enterprise (DBE) Requirements: Since the Project is federally- funded, Disadvantaged Business Enterprise (DBE) requirements are federally mandated. The City of Costa Mesa has established a DBE goal for this Contract of 20%. Consultants must satisfy DBE requirements in conformance with the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM) Chapter 9. The Notice to Proposers DBE Information LAPM Exhibit 10-I is included for reference in Appendix D. 263

17. Title VI Assurances: Title VI Assurances Title VI Assurances Appendices A and E will be included in each consultant contract. Title VI Assurances Appendices B, C, and D will be included, if applicable. The consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract and include Title VI Assurances Appendices B, C, and D if applicable. Refer to LAPM Exhibit 10-R: A&E Boilerplate Agreement Language, Article XXXII Title VI Assurances.

Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

18. Federal-Aid Provisions: the consultant’s services for the Project are federally funded, which necessitates compliance with additional requirements . The consultant shall complete and submit the following forms/exhibits from the Local Assistance Procedures Manual (LAPM) with the proposal to be considered responsive . These forms and instructions can be found online at:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

 Exhibit 10-O1 Consultant Proposal DBE Commitment - The City’s current DBE goal for this contract is 20%.
 Exhibit 10-O2 Consultant Contract DBE Commitment – prior to execution of contract  Exhibit 10-Q Disclosure of Lobbying Activities
 Exhibit 15-H Proposer/Contractor Good Faith Efforts (if applicable) – Required only if the DBE goal is not achieved to show that the proposer made a good faith effort.

Upon award and through completion of the project, the successful proposing consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award:

 Exhibit 9-P Prompt Payment Certification – the consultant is required to submit this form to the City by the 15 th of the month following the month of any payment(s) to a subconsultant, whether DBE or not. If the prime consultant does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.  Exhibit 10-G Individual A&E Task Order DBE Tracking Sheet  Any other relevant forms required during the project as determined by the Caltrans LAPM.

Upon completion of the contract, the selected consultant shall complete and submit the following forms:

 Exhibit 9-P Prompt Payment Certification – final version  Exhibit 17-F Final Report – Utilization of DBE
 Exhibit 17-O DBE Certification Status Change
 Any other relevant forms required for project completion/close-out. 264

The consultant shall demonstrate familiarity and have experience with providing services for federally funded projects, and a clear understanding of the requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual, which can be accessed on: https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local- assistance-procedures-manual-lapm.

265

APPENDIX A

SCOPE OF SERVICES
FOR

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS
(FEDERAL PROJECT NO. HSIPL-5312(107))

Introduction: The Public Works Department of the City of Costa Mesa (City) is requesting proposals for professional engineering services for the design of the City’s Signal Modernization for Systemic Safety Improvements project (Federal Project No. HSIPL- 5312(107)).

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS
FEDERAL PROJECT NO. HSIPL-5312(107)

BACKGROUND

In 2022, the City of Costa Mesa completed a Local Road Safety Plan (LRSP) which identified a framework to identify, analyze and develop traffic safety enhancements on the City’s roadway network. The LRSP was developed in response to local issues and needs. The LRSP identified systemic infrastructure improvements that can be implemented throughout the City to enhance safety for all modes of travel. In late 2022, using data and recommendations from the LRSP, the City applied for grant funds for the 11 th cycle of the Highway Safety Improvement Program (HSIP). In 2023, the City was awarded federal grant funds to design and implement systemic safety improvements to 129 of the City’s 131 signalized intersections, shown in Exhibit A.

The Signal Modernization for Systemic Safety Improvements project (Project) will design and implement proven safety countermeasures for all users including implementing Leading Pedestrian Intervals at 49 intersections, installing countdown pedestrian signal heads at 43 intersections, installing new retroreflective border signal backplates at 129 signalized intersections to enhance visibility and compliance, upgrading all remaining 8” signal heads in the City to 12” signal heads, installing battery backup systems at major intersections to keep signals and pedestrian crossings active during unexpected power outages, and installing emergency vehicle preemption devices at 30 intersections to complete the preemption network for the City’s emergency services. Maps and a location list showing the various improvements at each intersection can be found in Exhibit B.

The following description of work defines the general project requirements. Associated tasks and provisions necessary for a complete project, but not specifically defined herein are requested to be addressed in the proposal and undertaken within the proposed “Not to Exceed” contract fee.

The scope of services generally consists of the following:

 Phase 1: Detailed Citywide Traffic Signal Inventory
 Phase 2: Preliminary Design
 Phase 3: Environmental Approval
266
 Phase 4: Final design plans, specifications, and estimates (PS&E) Final PS&E shall be developed as a turnkey project for advertisement and construction. The project shall not be advanced until preliminary requirements are addressed and clear direction is established. The consultant shall have total responsibility for the accuracy and completeness of all work and services.

PHASE I – Detailed Citywide Signal Inventory

The project area is defined as 129 of the City’s 131 signalized intersections in the City. This phase generally consists of the following tasks:

1. Meet with City staff to define and clarify the work plan and project elements. The City will provide the consultant with the grant application with the approved list of locations and the improvements for each location.

2. Conduct a detailed signal inventory at 129 of the City’s 131 signalized intersections. The consultant will conduct a thorough in-person field review of existing conditions at each signalized intersection which includes but is not limited to the inventory of the number of pedestrian signal heads without countdown capabilities and where they are located, the number of 8” signal heads at the intersection and what poles they are located on, the brand/manufacturer of each traffic signal head, the type of each signal head (3-section, 4- section, etc.) and the condition of each signal head and whether or not it needs maintenance (needs to be repaired, replaced or repainted). The consultant shall also check the conduit fill at the locations where there is proposed Emergency Vehicle Preemption (EVP) systems to make sure that the existing underground traffic signal conduits have adequate space for the additional EVP cable. Photos should be taken of every approach to an intersection that shows all signal heads in a given direction for reference. Photos of the inside and outside of the signal cabinets should also be taken.

3. Compile the field review notes and data obtained from the signal inventory into a detailed table. Meet with City staff to discuss preliminary design approach.

PHASE II – Preliminary Design

This Preliminary Design phase consists of the preparation of a detailed table of all proposed improvements consistent with the City’s grant application and the consultant’s signal inventory.

The Preliminary Design phase shall include typical drawings and typical details for the installation of the various improvements and intersection-level drawings if necessary. The preliminary design shall conform to the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD), state and federal standards, and City of Costa Mesa standards.

PHASE III – Environmental Approval

This phase includes the necessary environmental analysis to assess the design improvements and prepare environmental analysis documents to satisfy CEQA/NEPA requirements for a federally funded construction project administered by Caltrans.

The consultant shall prepare a Preliminary Environmental Study (PES) document, suitable for a federally funded construction project, analyzing and describing any environmental impacts and mitigations for the Project. The consultant shall meet California Environmental Quality Act 267
(CEQA) and National Environmental Policy Act (NEPA) requirements and follow all procedures per the Caltrans LAPM Chapter 6 and Chapter 7. All associated work required to receive state and federal environmental compliance shall be included within the subject scope of services, and other environmental studies as required, in addition to copying, distribution/mailing of notices, and providing all materials and services as necessary. The consultant shall submit copies of the environmental document, associated technical reports, and other materials for City and Caltrans review, and address all elements to achieve state and federal environmental clearance. The City believes this project meets the criteria for a categorical exemption and categorical exclusion.

PHASE IV – Final Design Plans, Specifications & Estimates (PS&E)

**For federally funded projects, final design shall not begin until environmental approval has been received and verified.**

This phase consists of the preparation of final design plans, specifications and estimates (PS&E). PS&E and utility coordination shall conform to the latest editions (including errata) of:

California Manual of Uniform Traffic Control Devices (CA MUTCD), state and federal standards, and City of Costa Mesa standards. Plans shall be 1" = 20’ or 1” = 40’ scale horizontally, depending on the type of the plan, on standard 24" x 36" sheets. The latest version of AutoCAD shall be utilized. Plans are to be fully detailed to advertise and construct the project, including, but not limited to:

 Detailed Traffic Signal Inventory Table of Proposed Improvements  Typical Drawings and Details
 Intersection-level drawings (if necessary)
 Contract documents including Specifications
 Special and technical provisions
 Cost Estimates
 Processing and approvals

Plans, specifications, and estimates shall be submitted at 60%, 90%, and 100% milestones. All PS&E submittals shall be submitted electronically (.docx, .xlsx, .pdf, .dwg etc.). The City will provide comments at each milestone for consultant revision of the PS&E. The plans will be prepared such that a Contractor can identify what needs to be installed at each subject intersection using the proposed table of improvements and any details, photos or intersection level drawings.

1. Utilities (if necessary) - Perform all necessary research to establish precise location of all utilities and utility easements. Coordinate with all utility companies and underground service alert (USA) to determine the nature and location of all possible relocations and associated costs. Comply with the City adopted "Utility Coordination Procedures" attached. Determine where interfaces with existing facilities will occur as a result of the construction of this project. Consult with affected utility companies requiring relocations, and resolve any conflicts, keeping City staff informed in writing, including the possibility of undergrounding utilities presently on poles along the project area. Compile information in “Utility File” and submit to City. Utility research would only be necessary for intersections that need new conduit installed.

268

2. Complete project contract documents and special provisions in a format consistent with current City projects and guidelines. A sample of the construction contract agreement will be furnished to the Consultant by the City.

3. For construction budgeting purposes, submit to the City preliminary construction estimates with PS&E submittals at 60% and 90% completion, and any significant updates of the estimates as design work progresses. Prepare the final (100%) detailed construction quantity and cost estimate. 100% Plans and specifications shall be signed and stamped by the Consultant.

4. Prepare and submit a Resident Engineer’s file containing, at a minimum, final construction quantities and cost estimates with background calculation work sheets; survey data; Utility File; Right-of-Way File, CAD files, and all relative project information.

5. The selected Consultant shall include items not specified as necessary to achieve completion and approval of the final design plans, specifications and estimates.

6. The consultant shall efficiently address all project components as required to obtain State and Federal right-of-way certification and E-76 Construction Authorization. The consultant will be responsible for preparing all required Federal forms/submittals including calculation of the DBE goal for construction, PS&E Certification, addressing all requirements to obtain Right-of-Way Certification, preparation of the Request for Authorization to Proceed with Construction to Caltrans Local Programs.

QUALITY ASSURANCE/QUALITY CONTROL - Quality Control shall be consistently and thoroughly applied throughout project development. Assigned QA/QC staff shall be technically well qualified to conduct the appropriate level of oversight, and demonstrate a concerted and sustained commitment to provide a high quality product. Concise written records shall be maintained by the Consultant on all activities. Firms considering proposal submittals are requested to have an in-house technical level of expertise to professionally address all aspects of the project.

The City highly emphasizes the importance of QA/QC on all its project. The consultant shall thoroughly QA/QC PS&E submittals to ensure minimal errors and omissions and that all standards (e.g. CA MUTCD, Federal, State and City Standards, etc.) are met and followed. Submittals found to not have properly undergone QA/QC will not be reviewed by staff and will be sent back to the consultant to undergo QA/QC.

Project Design meetings shall be held twice a month. The consultant shall be responsible for preparing meeting agendas, minutes, and presentation materials. A Critical Path Method (CPM) network, based on activities to support all project milestones and subtasks shall be prepared. The information will be in the form of a bar chart and show a deliverables schedule and other relevant data needed for the control of work, for City review of the work status and accomplishments occurring each month. The schedule will be regularly updated and provided to the Project Manager prior to the project design meeting each month.

Attachments:

1. Exhibit A – HSIP Cycle 12 Location Map

2. Exhibit B – HSIP Cycle 12 Application Maps and Location List

269

APPENDIX A

Exhibit A

HSIP Cycle 12 Location Map

270
405
HSIP Cycle 11Project Locations
73CALIFORNIA
55CALIFORNIA
LEGEND TRAFFIC SIGNAL (131)
129
271

APPENDIX A

Exhibit B

HSIP Cycle 12 Application Maps and Location List

272
405
HSIP Cycle 11Countermeasure Locations
73CALIFORNIA
55CALIFORNIA
LEGEND LOCATION 1 TRAFFIC SIGNAL (9) [SO2, S17PB, S21PB] LOCATION 2 TRAFFIC SIGNAL (34) [SO2, S17PB] LOCATION 3 TRAFFIC SIGNAL (40) [SO2, S21PB] LOCATION 4 TRAFFIC SIGNAL (46) [SO2] *All improvements will be implemented in City R/W 273
405
HSIP Cycle 11Location 1 Signals: Retroreflective BorderBackplates & 12" Signal Head Upgrade (S02),Leading Pedestrian Interval (S21PB), andCountdown Pedestrian Signals (S17PB) 73CALIFORNIA
55CALIFORNIA
LEGEND INSTALL RETROREFLECTIVE BORDER BACKPLATES(S02), INSTALL COUNTDOWN PEDESTRIAN SIGNAL HEADS(S17PB), AND IMPLEMENT LEADING PEDESTRIAN INTERVAL(S21PB)INSTALL RETROREFLECTIVE BORDER BACKPLATES,UPGRADE 8" SIGNAL HEADS TO 12" SIGNAL HEADS (S02),INSTALL COUNTDOWN PEDESTRIAN SIGNAL HEADS (S17PB),AND IMPLEMENT LEADING PEDESTRIAN INTERVAL (S21PB)*ALL IMPROVEMENTS WILL BE IMPLEMENTED IN CITY R/W (3) (6)
274
1 2
Location 1 Example Intersection Plan
(Bristol Street & Randolph Avenue)
1 2
Install retroreflective border backplates
on all existing signal heads (S02).

Install countdown pedestrian signal
heads (S17PB) and implement a leading
pedestrian interval (S21PB).
2 1
1 1
275
405
HSIP Cycle 11Location 2 Signals: RetroreflectiveBorder Backplates & 12" Signal HeadUpgrade (S02) and CountdownPedestrian Signals (S17PB) 73CALIFORNIA
55CALIFORNIA
*ALL IMPROVEMENTS WILL BE IMPLEMENTED IN CITY R/W
LEGEND INSTALL RETROREFLECTIVE BORDER BACKPLATES(S02), AND INSTALL COUNTDOWN PEDESTRIAN SIGNAL HEADS(S17PB)INSTALL RETROREFLECTIVE BORDER BACKPLATES,UPGRADE 8" SIGNAL HEADS TO 12" SIGNAL HEADS (S02),AND INSTALL COUNTDOWN PEDESTRIAN SIGNAL HEADS (S17PB) (24) (10)
276
Location 2 Example Intersection Plan
(Bristol Street & Hotel Way)
2 1
1 1
1 1
2 1
2 Install retroreflective border backplates
on all existing signal heads (S02).

Install countdown pedestrian signal
heads (S17PB).
277
405
73CALIFORNIA
55CALIFORNIA
HSIP Cycle 11Location 3 Signals: Retroreflective BorderBackplates & 12" Signal Head Upgrade (S02)and Leading Pedestrian Interval (S21PB) *ALL IMPROVEMENTS WILL BE IMPLEMENTED IN CITY R/W
LEGEND INSTALL RETROREFLECTIVE BORDER BACKPLATES(S02), AND IMPLEMENT LEADING PEDESTRIAN INTERVAL(S21PB)INSTALL RETROREFLECTIVE BORDER BACKPLATES,UPGRADE 8" SIGNAL HEADS TO 12" SIGNAL HEADS (S02),AND IMPLEMENT LEADING PEDESTRIAN INTERVAL (S21PB) (24) (16)
278
1 2
Location 3 Example Intersection Plan
(Bristol Street & Baker Street)
1 1
1 1
2 1
2 Install retroreflective border backplates
on all existing signal heads (S02).

Implement a leading pedestrian interval
(S21PB).
279
405
73CALIFORNIA
55CALIFORNIA
HSIP Cycle 11Location 4 Signals: Retroreflective Border Backplates & 12" Signal HeadUpgrade (S02) *ALL IMPROVEMENTS WILL BE IMPLEMENTED IN CITY R/W
LEGEND INSTALL RETROREFLECTIVE BORDER BACKPLATES (S02)INSTALL RETROREFLECTIVE BORDER BACKPLATES ANDUPGRADE 8" SIGNAL HEADS TO 12" SIGNAL HEADS (S02) (31) (15) 280
1 Location 4 Example Intersection Plan
(Bristol Street & Sobeca Way)
1 1
11 1 Install retroreflective border backplates on all existing signal heads (S02). 281
405
HSIP Cycle 11Proposed Emergency Vehicle Preemption (EVP) Locations 73CALIFORNIA
55CALIFORNIA
LEGEND EXISTING EVP (101) PROPOSED EVP (30)
*All improvements will be implemented in City R/W
282
Location 4 Example Intersection Plan with Supplemental EVP (Baker Street & Babb Street)
1 2
Install emergency vehicle preemption system.
1 1
1 2
Install retroreflective border backplates on
all existing signal heads (S02).
283
405
HSIP Cycle 11Proposed Battery Back-UpSystem (BBS) Locations 73CALIFORNIA
55CALIFORNIA
LEGEND PROPOSED BBS (15) *All improvements will be implemented in City R/W 284
Location 3 Example Intersection Plan with Supplemental BBS (Baker Street & Bear Street)
1 23
3 Install battery backup system.
1 1
1 1
2 1
2 Install retroreflective border backplates
on all existing signal heads (S02).

Implement a leading pedestrian interval
(S21PB).
285
No S02 S17PB S21PB Location Number
1 Tustin Ave E 17th St Y Y Y 1
2 Fairview Rd W Wilson St Y Y Y 1
3 Red Hill Ave Bristol St N Y Y Y 1
4 Merrimac Way Fairview Rd Y Y Y 1
5 Bristol St Randolph Ave Y Y Y 1
6 Bristol St Paularino Ave Y Y Y 1
7 Bristol St Anton Blvd Y Y Y 1
8 Fairview Rd S Coast Dr Y Y Y 1
9 S Fairview St Sunflower Ave Y Y Y 1
10 Superior Ave W 16th St Y Y N 2
11 Westminster Ave E 17th St Y Y N 2
12 Newport Blvd NB E Bay St Y Y N 2
13 Newport Blvd SB W Bay St Y Y N 2
14 Fairview Rd Newport Blvd Y Y N 2
15 Pomona Ave W Wilson St Y Y N 2
16 Newport Blvd SB W Wilson St Y Y N 2
17 Newport Blvd SB Vanguard Way Y Y N 2
18 Newport Blvd NB Del Mar Ave Y Y N 2
19 Newport Blvd NB Mesa Dr S Y Y N 2
20 Newport Blvd SB Mesa Dr N Y Y N 2
21 Fairview Rd Mustang Way Y Y N 2
22 Kalmus Dr Red Hill Ave Y Y N 2
23 Royal Palm Dr Adams Ave Y Y N 2
24 Bristol St Bear St (flood control access) Y Y N 2
25 Red Hill Ave Paularino Ave Y Y N 2
26 Fairview Rd Paularino Ave Y Y N 2
27 Bristol St Hotel way Y Y N 2
28 Fairview Rd McCormack Ln Y Y N 2
29 Park Center Dr Anton Blvd Y Y N 2
30 Susan St S Coast Dr Y Y N 2
31 Sakioka Dr Vista Way Y Y N 2
32 Anton blvd Sunflower st Y Y N 2
33 Hyland Ave Sunflower Ave Y Y N 2
34 S Susan St Sunflower Ave Y Y N 2
35 S Greenville St Sunflower Ave Y Y N 2
36 S Raitt St Sunflower Ave Y Y N 2
37 Center way Wilson St Y Y N 2
38 Newport Blvd SB Wilson St Y Y N 2
39 Newport Blvd NB Santa Isabel Ave Y Y N 2
40 Newport Blvd SE Bristol St Y Y N 2
41 Baker Fire Station 2 Baker St Y Y N 2
42 Jian Way Paularino Ave Y Y N 2
43 Enclave Way Anton Blvd Y Y N 2
44 Orange Ave E 17th St Y N Y 3
45 Placentia Ave W 17th St Y N Y 3
46 Placentia Ave W 18th St Y N Y 3
47 Placentia Ave W 19th St Y N Y 3
48 Pomona Ave W 19th St Y N Y 3
49 Meyer Pl W 19th St Y N Y 3
50 Anaheim Ave W 19th St Y N Y 3
51 Park Ave W 19th St Y N Y 3
52 Harbor Blvd Hamilton St Y N Y 3
53 Canyon Dr Victoria St Y N Y 3
54 Placentia Ave Victoria St Y N Y 3
Location Name
286
No S02 S17PB S21PB Location NumberLocation Name
55 Pomona Ave Victoria St Y N Y 3
56 Harbor Blvd Victoria St Y N Y 3
57 Harbor Blvd W Wilson St Y N Y 3
58 Harbor Blvd Fair Dr Y N Y 3
59 Fairview Rd Fair Dr Y N Y 3
60 Vanguard Way Fair Dr Y N Y 3
61 Harbor Blvd Merrimac Way Y N Y 3
62 Fairview Rd Arlington Dr Y N Y 3
63 Harbor Blvd Mesa Verde Dr E Y N Y 3
64 Harbor Blvd Adams Ave Y N Y 3
65 Fairview Rd Monitor Way Y N Y 3
66 Fairview Rd el Camino Dr Y N Y 3
67 Harbor Bl Baker St Y N Y 3
68 Fairview Rd Baker St Y N Y 3
69 Bear St Baker St Y N Y 3
70 Bristol St Baker St Y N Y 3
71 Nutmeg Pl Harbor Blvd Y N Y 3
72 Harbor Blvd Gisler Ave Y N Y 3
73 Bear St South Coast Dr Y N Y 3
74 Ave of the Arts Anton Blvd Y N Y 3
75 Harbor Blvd S Coast Dr Y N Y 3
76 Bristol St Town Center Dr Y N Y 3
77 Bristol St Sunflower Ave Y N Y 3
78 Ave of the Arts Sunflower Ave Y N Y 3
79 S Bear St Sunflower Ave Y N Y 3
80 Sakioka Dr Sunflower Ave Y N Y 3
81 Harbor Blvd Sunflower Ave Y N Y 3
82 Harbor Blvd W Lake Center Dr Y N Y 3
83 Superior Ave 17th St Y N Y 3
84 Placentia Ave 16th St Y N N 4
85 Santa Ana Ave E 17th St Y N N 4
86 Wallace Ave W 19th St Y N N 4
87 Harbor Blvd W Bay St Y N N 4
88 Valley Rd Victoria Pl Y N N 4
89 Newport Blvd NB 22nd st Y N N 4
90 American Ave Victoria St Y N N 4
91 Newport Blvd SB Victoria St Y N N 4
92 National Ave Victoria St Y N N 4
93 Maple St Victoria St Y N N 4
94 Placentia Ave W Wilson St Y N N 4
95 Placentia Ave Estancia S Y N N 4
96 Placentia Ave Fairview Park Y N N 4
97 Loyola Rd Fair Dr Y N N 4
98 Newport Blvd SB Del Mar Ave N Y N N 4
99 Shantar Dr Adams Ave Y N N 4
100 Mesa Verde Dr W Adams Ave Y N N 4
101 Mesa Verde Dr E Adams Ave Y N N 4
102 Red Hill Ave Baker St E Y N N 4
103 Pullman St Baker St E Y N N 4
104 College Ave Baker St Y N N 4
105 Mendoza Dr Baker St Y N N 4
106 Royal Palm Dr Baker St Y N N 4
107 Lombard Ct Baker St Y N N 4
108 Bear St Yukon Ave Y N N 4
287
No S02 S17PB S21PB Location NumberLocation Name
109 Date Pl Harbor Blvd Y N N 4
110 Bear St Metro Pointe E Y N N 4
111 Metro Point Centre South Coast Dr Y N N 4
112 Sakioka Dr Anton Blvd Y N N 4
113 Bear St Town Center Dr Y N N 4
114 Law Court Harbor Blvd Y N N 4
115 Sunflower Ave Plaza Dr Y N N 4
116 W Stevens Ave Sunflower Ave Y N N 4
117 Babb St Baker St Y N N 4
118 Placentia Ave Bicycle Crossing Y N N 4
119 Harbor Blvd Harbor Center Y N N 4
120 Estancia N Placentia Ave Y N N 4
121 City Hall Fair Dr Y N N 4
122 Bristol St Newport Blvd Y N N 4
123 Bristol St Sobeca Way Y N N 4
124 Randolph Ave Baker St Y N N 4
125 Coolidge Ave Baker St Y N N 4
126 Hyland Ave Vans Y N N 4
127 Coast Dr Press Y N N 4
128 Metro Pointe South Coast Dr Y N N 4
129 Harbor Bl 19th St Y N N 4
288

1 [Consultant’s name]
Rev. 05-2020

CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________________

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and ___________, a [state] [type of entity] (“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 that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “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 services described in the City’s Request for Proposals (“RFP”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s RFP (“Consultant’s Proposal”), attached hereto as Exhibit “B,” both incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City 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:

This Agreement template is for informational purposes only and is only intended for use as an example to consultants. For federal projects, the Agreement will be updated to reflect federal requirements. The City will prepare the actual PSA when a consultant is selected to perform the work. 289

2 [Consultant’s name]
Rev. 05-2020

(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

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; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

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 confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement by this reference (the “Fee 290

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Schedule”). Consultant’s total compensation shall not exceed _______ Dollars ($ _____.00).

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

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the 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 accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City 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.

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. [Optional extension language: This Agreement may be extended by [ ] additional [ ] 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 291

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termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better 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), 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.

(b) Business automobile 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 limits, per occurrence for bodily injury and property damage.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

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5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”

(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.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.5. 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 293

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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 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.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

_________________
_________________
_________________
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: _________________ Tel: (714) 754-
Attn: _________________ Attn: _________________

Courtesy copy to:

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

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6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “E” and incorporated herein 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.

6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

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 negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to 296

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Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq .).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.

6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

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

6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation 297

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and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

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

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

6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. 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.

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

6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.27. Counterparts and Electronic Signatures. 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. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.

6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this 298

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Agreement.

[Signatures appear on following page.]
299

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Rev. 05-2020

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

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ [Name]
[Mayor or 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: __________________________ [Name]
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ [Name]
[Title]

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

301

EXHIBIT A

REQUEST FOR PROPOSALS
302

EXHIBIT B

CONSULTANT’S PROPOSAL

303

EXHIBIT C

FEE SCHEDULE

304

EXHIBIT D

PROJECT SCHEDULE

305

EXHIBIT E

CITY COUNCIL POLICY 100-5

306

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

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;

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

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

307

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

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;

308

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.

309

INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better 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), 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.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(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 310
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 City 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 officers, officials, agents, employees, and volunteers.

(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.

311
The ACORD name and logo are registered marks of ACORD

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE
LOC
JECT
PRO-
POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCUR

CLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence)
$

DAMAGE TO RENTED

EACH OCCURRENCE
$
MED EXP (Any one person)
$

PERSONAL & ADV INJURY
$

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$

RETENTION
DED

CLAIMS-MADE
OCCUR
$

AGGREGATE
$

EACH OCCURRENCE
$

UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED

SCHEDULED

HIRED AUTOS

NON-OWNED
AUTOS
AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
$
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

S A M P L E
312
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products-completed
operations hazard".

S A M P L E
313
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.

S A M P L E
314
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or or ganization shown in the
Schedule above.

S A M P L E
315

WORKERS
COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON OR ORGANIZATION FOR WHOM THE

NAMED INSURED HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS WAIVER

BLANKET WAIVER OF SUBROGATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: ;;/;;/2014 Policy No. (17(5 Endorsement No. 001 Insured: 8SVWUHDP%XLOGHUV
Premium
$ INCL.

From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 5 S A M P L E
316
Form W-9
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.

Print or type
See Specific Instructions on page 2.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes:

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.

Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.)
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.

Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.

Sign
Here
Signature of
U.S. person ▶ Date ▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.

Cat. No. 10231X Form W-9 (Rev. 12-2014)
317
Form W-9 (Rev. 12-2014) Page 2
Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.

However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the Part II instructions on page 3 for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships above.

What is FATCA reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 318
Form W-9 (Rev. 12-2014) Page 3
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3.

Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.”
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding.

Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over $5,000
1 Generally, exempt payees
1 through 5
2 Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank.

Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section

1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note. See the chart on page 4 for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
319
Form W-9 (Rev. 12-2014) Page 4
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see
Exempt payee code earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint
account)
The actual owner of the account or,
if combined funds, the first
individual on the account
1 3. Custodian account of a minor
(Uniform Gift to Minors Act)
The minor
2 4. a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
The grantor-trustee
1 The actual owner
1 5. Sole proprietorship or disregarded
entity owned by an individual
The owner
3 6. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:

7. Disregarded entity not owned by an
individual
The owner

8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation

10. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization

11. Partnership or multi-member LLC The partnership

12. A broker or registered nominee The broker or nominee

13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity

14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)
(B))
The trust
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust.

Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.

Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).

Visit IRS.gov to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
320

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Loc
al Assistance Federal-Aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,

EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,

UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]

TABLE OF CONTENTS
Page
ART
ICLE I INTRODUCTION..............
................................................................................................... 3 A
RTICLE II CONSULTANT’S REPORTS OR MEETINGS....................................... ............................. 4
A
RTICLE III STATEMENT OF WORK ...................................... ............................................................ 4 A
RTICLE IV PERFORMANCE PERIOD..............
.................................................................................. 6 A
RTICLE V ALLOWABLE COSTS AND PAYMENTS..............
............................................................ 6 A
RTICLE VI TERMINATION ................................................................... ............................................ 10
A
RTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.................................. 11 A
RTICLE VIII RETENTION OF RECORD/AUDITS ................................................................. ............ 11
A
RTICLE IX AUDIT REVIEW PROCEDURES ................................................................. ................... 12
A
RTICLE X SUBCONTRACTING ................................................................... .................................... 13
A
RTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 A
RTICLE XII STATE PREVAILING WAGE RATES................................................................. ........... 16
A
RTICLE XIII CONFLICT OF INTEREST..............
.............................................................................. 19 A
RTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 19 A

RTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................. ................................................................ 20 A
RTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.................. 20 A
RTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION................................................. 21 A
RTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 A
RTICLE XIX INSURANCE ................................................................. ............................................... 28
A
RTICLE XX FUNDING REQUIREMENTS................................................................. ........................ 29
A
RTICLE XXI CHANGE IN TERMS ....................................... ............................................................. 29

Page 1 of 39 ends

Costa Mesa City CouncilNovember 19, 2024

Costa Mesa City Council
November 19, 2024