Agenda packet — Costa Mesa City Council, January 21, 2025 (part 2 of 4)

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT

WITH ONWARD ENGINEERING

THIS PRO
FESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21st day of January 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and ONWARD ENGINEERING , a California corporation (“Consultant”).

RECITAL
S
A. City
proposes to utilize the services of Consultant as an independent contractor to perform professional engineering design services for the development and construction bid documents of the City’s Adams Avenue Active Transportation Improvements (Multipurpose Trails Project), as more fully described herein; and
B. Consultant
represents that it has that degree of specialized expertise contemplated within California Government Code s ection 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, THE
REFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVIC

ES PROVIDED BY CONSULTANT

1.1. Scope
of Services. Consultant shall provide the professional services described in City’s Request for Proposals (RFP No. 25-09), attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Profes
sional 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. Perfor
mance 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 wi
th Consultant to review the quality of the work and resolve the ATTACHMENT 1
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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.

1.5. 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, e xcept as permitted pursuant to s ection 12940 of the Government Code.

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

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

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 (cost proposal) set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed Three Hundred Seventy -Four Thousand Five Hundred 2 275
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Seventeen Dollars ($374,517.00), which includes optional tasks A, B, and D in the cost proposal (Exhibit “C”).

2.2. Addi
tional 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. Rec
ords 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. TI

ME OF PERFORMANCE

3.1. Com
mencement 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 page 18 in Exhibit “B,” 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. Ex
cusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the 3 276
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party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of sixty (60) months, ending on January 20, 2030, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services 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 A.M. Best’s 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 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 limit per accident for bodily injury and 4 277
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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 years after completion of the work hereunder.

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

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

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

(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 5 278
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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.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

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

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, 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:

Onward Engineering
300 S. Harbor Blvd., # 814
Anaheim, CA 92805
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
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Tel: (714) 533-3050 Tel: (714) 754-5222
Attn: Muhammad Ataya, VP Attn: Bobby Fouladi

Courtesy copy to:

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

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

6.6. Attorneys’ Fees . If 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, 7 280
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recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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

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

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

6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

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 Consultant or its employees, agents, or 8 281
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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.

6.13. 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 Act (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 sections 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 9 282
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a decision under this Agreement pursuant to a conflict of interest statute.

6.17. 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.

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

6.19. 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.

6.20. 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.

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

6.22. 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.

6.23. 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.

6.24. 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.

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

6.26. Waiver. The delay or failure of either party at any time to require performance or 10 283
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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.

6.27. 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.

6.28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.29. 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 Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Derek Wieske
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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RFP25-09.C06328.DRAFT

REQUEST FOR PROPOSAL

FOR

ADAMS AVENUE ACTIVE TRANSPORTATION IMPROVEMENTS - MULTIPURPOSE TRAILS

RFP NO. 25-09

PUBLIC WORKS

CITY OF COSTA MESA

Released on
October 4, 2024

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RFP25-09.C06328.DRAFT

REQUEST FOR PROPOSAL
FOR

ADAMS AVENUE ACTIVE TRANSPORTATION IMPROVEMENTS - MULTIPURPOSE TRAILS

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 Adams Avenue Active Transportation Improvements – Multipurpose Trails project. 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 six (6) 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 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). Any City response 16 289
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relevant to this RFP other than through or approved by Cit’s Purchasing 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 Purchasing Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed 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 October 4, 2024
Deadline for Written Questions October 21, 2024 at 11:00 a.m.

Responses to Questions Posted October 24, 2024
Proposals are Due October 30, 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 Services, 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 Proposer shall have five (5) years of current experience in providing comprehensive street and active transportation design services for cities or other government agencies, at least one of which is similar in size and complexity as that of the City of Costa Mesa. Experience must be reflective of references provided in the proposal.

b. Projects considered similar in scope include bicycle facility design projects with construction bid documents for other municipalities and agencies. The proposer shall have five (5) years of current experience in providing bicycle facility design and traffic signal modification design services for cities and other government agencies.

c. 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.

d. 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.

e. The proposer shall have experience with 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.

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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 25 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 Services, 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 Services" 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.

6. Provide proposed schedule for completion of the Scope of Services. See Section 15 for additional information regarding the schedule.
 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 18 291
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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. 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.

3. 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.

4. 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.

5. 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.
 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.


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.

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 Proposed team members, as demonstrated by enclosed resumes, shall have relevant experience for their role in the project.
o Team is managed by an individual with appropriate experience in similar project.

This person's time is appropriately committed to this project. o Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
o Overall organization of the team is relevant to City of Costa Mesa needs. 19 292
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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 fee schedule/pricing information for the project including identifying the specific assigned personnel, their hourly rates and their number of hours, and the cost for each work task/deliverable as described in the Scope of Services. If work tasks or deliverable are proposed that are not specifically listed in the City’s Scope of Services, please identify those costs as separate and optional. Proposals shall be valid for a minimum of 180 days following submission.

 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 but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the 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. 20 293
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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 October 30, 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 October 21, 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: The City’s evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors. 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. Cost Proposal ---- 10%

4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above.

While price is one basic factor for award, it is not the sole consideration.

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

B. Initial Proposal Review: 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.

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 December 2nd 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, 22 295
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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: Failure to comply with the rules set forth herein may result in rejection of the protest. Any proposals awarded pursuant to the formal procurement procedure set forth in the Proposal procedure may be appealed in accordance with the following procedure:

• The Proposer shall file the written notice of appeal with the purchasing officer at least ten (10) working days prior to proposal award date specified in the notice of recommendation to award.
• The written notice of appeal must include specifics as to the nature of the appeal. • The Proposer must provide any and all documentation to support the appeal. • The purchasing officer will respond in writing to the Proposer within five (5) working days.
• In the event the appeal is denied by the purchasing officer, the Proposer may appeal the purchasing officer’s ruling to the city council at the next available council meeting.

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 23 296
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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 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. 24 297
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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.

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.

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 25 298
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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 180 calendar days to complete the scope of services in Appendix A.

The City must obtain E-76 for Construction within Federal Fiscal Year (FFY) 2025/2026.

Federal-Aid Provisions: the construction funding for the Project is federally funded, which necessitates compliance with additional requirements . The consultant shall complete and submit all required forms/exhibits required to obtain NEPA/CEQA environmental clearance, and right-of-way certification and construction authorization (E-76) with Caltrans. Please note that because the design of the project is not federally funded, no DBE goal is required for this contract.

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.
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APPENDIX A

SCOPE OF WORK

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APPENDIX A

SCOPE OF SERVICES
FOR
ADAMS AVENUE ACTIVE TRANSPORTATION IMPROVEMENTS –

MULTIPURPOSE TRAILS
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 Adams Avenue Active Transportation Improvements – Multipurpose Trails project.

ADAMS AVENUE ACTIVE TRANSPORTATION IMPROVEMENTS –

MULTIPURPOSE TRAILS

BACKGROUND
Adams Avenue is a 6-lane Major Arterial with a painted center median and with Class 2 bicycle lanes on the north and south sides of the street. The adjacent land use is primarily residential developments on both sides of the street. The Average Daily Traffic Volumes on Adams Avenue ranges from 24,000 between Harbor Boulevard and Fairview Road to 36,000 west of Harbor Boulevard. Adams Avenue has a 35 mph posted speed limit east of Mesa Verde E and 40 mph to the west. The purpose of the project is to construct safety improvements on Adams Avenue and to further improve bicycle and pedestrian safety.

The City of Costa Mesa would like to procure professional engineering services for the Adams Avenue Active Transportation Improvements – Multipurpose Trails project (Project) to design Class I Multiuse paths along Adams Avenue from the Santa Ana River to Royal Palm Drive (Exhibit A). The project includes curb extensions along the north and south sides of Adams Avenue to implement Class I multi-use paths, and the project will also consist of new curb and gutter, signing and striping, slurry seal, median modifications, landscaping, irrigation, streetlighting relocations, utility relocations or adjustments, and traffic signal modifications. The project has already undergone extensive community outreach. Through the outreach process the conceptual design of the project has already been determined and is provided in Exhibit B.

The project was suspended in 2020 due to the pandemic and the City is looking to procure a consultant to restart the project. The previous topographic survey used to develop the conceptual plan was found to not be acceptable by staff for final design, and recently Adams Avenue underwent mill & overlay. Thus, the City would like the consultant to procure new survey for this project and to verify and modify the conceptual plan layout and dimensions.

In 2023, the City applied for and was awarded federal grant funds from the OCTA Orange County Complete Streets Program (OCCSP) to construct the Project. The City would like to begin design of the project as soon as possible and expedite its completion to be able to meet a tight grant funding deadline. Thus, completing the design of the Project on time and without unnecessary delays is critical. The City needs to obtain E-76 for Construction within Federal Fiscal Year (FFY) 2025/2026.
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The City is currently working with Southern California Edison to underground the utility poles along Adams Avenue from Albatross Drive to Royal Palm Drive. Thus the need for the consultant to coordinate with City Staff and Utility Companies is greatly emphasized.

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: Topographic Survey, Utility Research & Project Data Collection  Phase 2: Preliminary Design
 Phase 3: Environmental Approval
 Phase 4: Final Bid Package Including 100% Design Plans, Specifications, and Engineer’s Estimate (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 – Topographic Survey, Utility Research & Project Data Collection

The project area is defined as Adams Avenue between the Santa Ana River and Royal Palm in City of Costa Mesa. This phase consists of defining physical conditions and utilities within the project area including the following:

1. Meet with City staff to define and clarify the work plan and project elements.

2. Record Data/Map Research - The consultant shall obtain all City provided Record Drawings (“As-Builts”) for development and CIP projects, Right-of-way records, centerline monument ties, existing City GIS mapping and data, and other Orange County, Caltrans, or related records, and complete an inventory of records with data specifically to assist with the development of the CADD basemaps. The selected Consultant shall research, collect, review and verify all existing studies/reports/as-builts/records (from County, City, Caltrans, and other public/government entities) relevant to the design to assess the need to update, enhance, and modify the information to complete the work defined herein. As part of this scope the consultant shall provide an inventory of all applicable records collected.

3. Site Assessment and Inspection - The consultant shall complete a site inspection of the length and width of the Project limits and check the field conditions against all “As- Builts”/Records, Right-of-Way records, Caltrans records/information and other available studies or reports pertaining to the Project limits from the collected existing record data information and mapping research.

4. Optional Geotechnical/Soils Assessment Report - The consultant shall include an optional proposal to the City for a geotechnical/Soils assessment report. The proposal shall include a 29 302
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fee schedule depicting individual tasks, staff hours, and basic hourly rates for specific personnel to be used.

The Geotechnical/Soils Assessment Report may be necessary to present results of geotechnical testing data and findings, conclusions, and recommendations related to the geotechnical aspects of the project’s design and construction. The report may be used to evaluate the existing AC thickness at the edges of Adams and/or the outside edges of the right of way where the proposed multi-use trail will be constructed.

5. Review existing plans and materials, obtain all necessary permits, and secure right-of-entry for survey work.

6. Perform a topographic survey extending throughout the project area to establish horizontal and vertical controls at a maximum of 10’ intervals. The survey shall extend 100’ into cross streets and extend outside of City right-of-way as far as is required. Establish existing and proposed controls including centerline, street geometrics, and right-of-way throughout project limits. Reference elevations to the closest and latest Orange County Benchmark (OCBM). The Consultant shall facilitate the execution of all right-of-entry agreements as required for the survey and provide a final survey that is stamped and certified by a licensed land surveyor.

7. Establish City and private right-of-way boundaries with the same general care as would be applied to establish the exterior boundary on a final subdivision map.

8. Research and establish the precise location of all utilities and utility easements. Coordinate with all utility companies and agencies to determine underground, surface, and overhead facilities. Comply with the City-adopted "Utility Coordination Procedures" (see attached).

Determine where interfaces with existing facilities will occur as a result of the future construction of this project. Consult with all utility companies and agencies to and resolve any conflicts, keeping City staff informed in writing. Maintain a Utility File on all utility documentation. The consultant shall adhere to all federal requirements and do all work necessary to help achieve right-of-way certification with Caltrans.

9. Plot detailed survey notes and electronic mapping files at 40-scale using AutoCAD on 24” x 36” sheets, identifying all existing conditions. Physical features shall include but not limited to BCR, ECR, flow-lines, centerlines, angle points, top of curb, driveways (width, X & Y), spandrels, pavement markings & striping, utilities, structures, walls, trees and landscape, underground and surface utilities, poles, pull boxes, hydrants, catch basins, signs, valves, traffic and non-traffic signs, and manholes, etc. Within all adjacent, private properties, define driveways, walkways, curbs, signs, and all other necessary physical features.

10. Provide City with final survey plan, stamped by a licensed surveyor and a CD or file server download containing all pertinent electronic data files (ACAD base files including all xref files, fonts, plot files, survey data, etc.).

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RFP25-09.C06328.DRAFT
PHASE II – Preliminary Design
This phase consists of the preparation of 30% design plans prior to the submission of the NEPA Environmental Document. The preliminary design shall conform to latest editions (including errata) of: Chapter 11 “Design Standards” and Chapter 12 “Plans, Specifications, Estimate” of the Caltrans Local Assistance Procedures Manual (LAPM), California Manual on Uniform Traffic Control Devices (CA MUTCD), state and federal standards, and City of Costa Mesa standards.

The 30% design shall follow the previously prepared conceptual plan, and the consultant will confirm the dimensions, layout and make any adjustments desired by City staff.

The City will provide any relevant data collected to date and has provide the previously completed conceptual design plan to the consultant (Exhibit B). It is the consultant’s responsibility to verify the accuracy of all information provided by the City. Preliminary Design Plan engineering services shall include:

1. Prepare preliminary concept design plan (30% design plans) for the proposed improvements using the newly obtained survey data, the previously completed conceptual design plan as well as the Southern California Edison undergrounding plans. Identify associated impacts and costs. The plans should include existing and proposed right-of-way, curb and gutter, sidewalks, driveways, striping and pavement markings, signs, bus stops, medians, centerlines, traffic signal infrastructure, streetlights, trees, etc. The preliminary plans will be used to identify any issues affecting construction of the proposed safety improvements and form the basis for final construction plans. The preferred plan should reduce construction and minimize any right-of-way costs. A detailed preliminary cost estimate itemizing all construction elements will be prepared.

2. Proposed improvements are anticipated to be within the existing City right-of-way. It is the City’s intent for the project improvements to be entirely within the City right-of-way to prevent a lengthy right-of-way certification process with Caltrans that could jeopardize the project’s grant funds.

3. At the discretion of the City, the consultant shall conduct one (1) field walk-through with City staff.

PHASE III – Environmental Approval
This phase includes the necessary environmental analysis to assess the design improvements and prepare environmental analysis documents to satisfy 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 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 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, 31 304
RFP25-09.C06328.DRAFT

and other materials for City and Caltrans review, and address all elements to achieve federal environmental clearance. The City has already filed Notice of Exemption with the OC Clerk, however if the preliminary design differs greatly from the previous design, the consultant may be required to submit a new or revised CEQA document. The City believes this project meets the criteria for a categorical exemption and categorical exclusion.

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

**Because the Project has federal Construction funds, the final design (beyond 90% 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:

Chapter 11 “Design Standards” and Chapter 12 “Plans, Specifications, Estimate” of the Caltrans Local Assistance Procedures Manual (LAPM), 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. AutoCAD software shall be utilized for the design. Plans are to be fully detailed to advertise and construct the project, including, but not limited to:

 Topographic Surveying, including horizontal and vertical control, show contour lines within the limits of the work and to 50-ft (min) beyond the grading.  Show property lines, ROW, City and County Boundaries (0% screened) and address numbers (50% screened).
 Show all existing underground utilities (70% screened).  All new design linework shall be 0% screened.
 All existing linework shall be 50%-70% screened.
 Plan and profile drawings, including cross-sections.
 Typical Drawings and Details
 Traffic signal modification plans
 Signing and striping plan
 Civil improvement plans
 Curb, gutter, and sidewalk improvements
 Contract documents including Specifications
 Special and technical provisions
 Cost Estimates
 ADA Improvement Details
 Landscaping & Irrigation
 Processing and approvals
 Utility Adjustments/Relocations and Utility Plan
 Hydrology/Drainage
 Streetlighting Plan
 Turn Template and Sight Distance Exhibits

The consultant shall provide a QA/QC summary report for each deliverable stated herein. This report shall demonstrate that the deliverables provided to the City have been thoroughly reviewed by the Engineer of Record or his/her designee who has the authority to guarantee the accuracy of the deliverables.
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Plans, specifications, and estimates shall be submitted at 60%, 90%, 100%, and 100% Final (for bid) milestones. All PS&E submittals shall be submitted electronically (.docx, .xlsx, .pdf, .dwg etc.). The City will provide comments at the 60%, 90%, and 100% milestones for consultant revision of the PS&E. The City is not responsible for additional submittals resulting from Consultant not being able to correctly address comments, follow proper design guidance, or follow federal requirements.

1. Plot all physical features including BCR, ECR, flow-lines, centerlines, angle points, top of curb, sidewalk, handicap ramps, pavement striping, structures, trees, underground and surface utilities, poles (street light, traffic signal, and power), fire hydrants, catch basins, signs, water valves, manholes, etc. Based on the topographic survey, establish exact centerline controls, street geometrics, and right-of-way limits of the project.

2. Utilities - 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 ( Exhibit C ). Determine where interfaces with existing facilities will occur as a result of the construction of this project.

Consult with affected utility companies requiring relocations or adjustments, and resolve any conflicts, keeping City staff informed in writing. Utility notices must be sent to all utilities consistent with requirements outlined in the Local Assistance Procedures Manual (LAPM) and the consultant shall complete any required forms per the LAPM to help the City reach right- of-way certification with Caltrans. Compile information in “Utility File” and submit to City and prepare utility plan sheets showing all utilities, owners, and proposed relocations and adjustments. A Utility plan is required and will be prepared and modified as necessary to reach right-of-way certification with Caltrans.

3. Submit to the City complete project contract documents and special provisions at 90% and 100% stages in a format that meets all federal-funding requirements. A sample of a previous federal specification and bid set will be provided to the Consultant by the City.

4. The consultant shall include an optional separate item in the fee schedule for the City’s use for potholing/subsurface investigation for utilities and new signal pole locations as requested by the consultant and approved in writing by the City Engineer or City’s Project Manager. The Consultant will not be compensated for any other work from this item. Identifying all underground conflicting utilities is critical and it is the consultant’s responsibility to ensure all utilities are properly identified and located on the plans.

5. For construction budgeting purposes, submit to the City preliminary construction estimates with PS&E submittals at 60% and 90% milestones, and any significant updates of the estimates as design work progresses. Prepare the final (100%) detailed construction quantity and cost estimate with line items that are all described as bid items in the special provisions of the project specifications. Plan construction notes shall be provided for all bid items or 33 306
RFP25-09.C06328.DRAFT

portions of bid items as detailed in the special provisions and detailed in the construction quantity and cost estimate as line items.

6. Plans and specifications shall be signed and stamped by the Consultant prior to advertising the project for bids.

7. Prepare traffic signal modification plans for all affected intersections along Adams Avenue between the Santa Ana River and Royal Palm showing traffic signal pole relocations required to provide a clear path of travel and to remove obstructions from the multiuse path.

8. Prepare lighting design plans showing proposed relocations of the streetlights required to provide a clear path of travel and to remove obstructions from the multiuse path.

9. Define and document Water Quality requirements.

10. The consultant shall prepare final landscaping and irrigation plans with detailed specifications for all landscaped medians and parkways. Verify planting concept palette with City prior to 30% design. New water meters or water connections shall require separate water plan per MESA Water District standards. Any new electrical metering shall be identified on plans as per separate plan by SCE.

11. If necessary, define new survey monuments or re-setting of existing survey monuments and provide detailed drawings fully dimensioned for each. Survey shall be stamped and signed by a California licensed land surveyor.

12. 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, all CAD files, and all relative project information. A digital record of final design plans shall be provided on CD(s) or file server download containing all pertinent electronic data files (ACAD base files including all xref files, fonts, plot files, survey, design data, etc.).

13. The selected Consultant shall include items not specified, but necessary, to achieve project completion and obtain federal approval and acceptance of the final design plans, specifications and estimates.

14. Conduct a field walk-through with the City during the first (60%) and second (90%) PS&E submittal.

15. The consultant shall include an optional separate item in the fee schedule in the amount of $10,000 for the City’s use for Construction Support Services. The Consultant may be requested to review and approve addenda and provide clarification to or edit the plans and specifications during construction. Consultant may be required to attend the pre-construction meeting, and be available for consultation and assistance during construction of the project to 34 307
RFP25-09.C06328.DRAFT
clarify or explain items relating to the design. The sub-line item fee for “Construction Technical Support” shall be included under this phase, to be included within the scope of work at the discretion of the City. The Consultant will not be compensated for any other work from this item.

16. Because the construction of the project is federally funded, the consultant shall assist the City in efficiently addressing 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, and 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 projects. 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 at no additional cost to the City.

Project Design meetings shall be held virtually every two weeks . 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 during every other project design meeting.

Attachments:

1. Exhibit A – Location Map

2. Exhibit B – Previously Completed Conceptual Design Plan

3. Exhibit C – Utility Coordination Procedures
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36 309

71.9984
A A
B B
A
A

CROSS SECTION A-A

CROSS SECTION A-A
B
B

CROSS SECTION B-B

ADAMS AVENUE

TYPICAL CROSS SECTIONS
(1"=10')

ADAMS AVENUE IMPROVEMENT PROJECT

BETWEEN SANTA ANA RIVER AND HARBOR BOULEVARD

MATCH LINE - SEE BOTTOM LEFT
30% DESIGN

ADAMS AVE

ADAMS AVE
SHANTAR DR.ALBATROSS DR.

ROYAL PALM DR

LANDSCAPE SCHEMATIC
LEGEND:

MESA VERDE DR WEST

PLACENTIA AVE

ADAMS AVENUE

STREET VIEW RENDERING

WITH EXISTING POWER POLES

ADAMS AVENUE

STREET VIEW RENDERING

AFTER UTILITY UNDERGROUNDING

MATCH LINE - SEE TOP RIGHT

MESA VERDE
EAST

ADAMS AVE
T-1
T-2
T-3
T-4
S-1

ERIGON GLAUCUS
(SEASIDE DAISY)

EPILOBIUM CANUM

CALIFORNIA FUSCHIA
S-2
S-3
S-4
S-5
S-6
S-7
S-8
S-9
S-10
S-11
S-12
S-13
37 310

CITY OF COSTA MESA

UTILITY COORDINATION PROCEDURES

I. INITIAL REQUEST

1. Consultant/Project Manager shall submit, by certified mail, a written request to all utility companies/agencies who may potentially have facilities located within the project limits. The request shall ask for all available information on the location, depth, material, and size of all active and abandoned facilities (cable television, electric, telephone, telecommunication (e.g., internet), fiber optic, gas, sewer, water, reclaimed water, etc.) within the project limits. The request letter shall provide the name and phone number of the City's and Consultant's Project Manager, as well as a copy of the project schedule.

2. Consultant/Project Manager shall conduct a thorough search of all City, County, and State records and review related plans to obtain all available information on the location of utilities within the project limits.

3. Consultant/Project Manager shall ensure a written or verbal response from all applicable utility companies/agencies. As necessary, telephone calls shall be made and reports of conversation prepared to document verbal responses from utility companies/agencies. A "utility file" shall be maintained at all times documenting all utility-related issues, correspondences, telephone conversation notes, etc.

4. With this information, Consultant/Project Manager shall develop preliminary plans/base sheets showing precise location and alignment of existing improvements and utilities.

II. PRELIMINARY PLANS / BASE SHEETS

1. Two sets of the preliminary plans shall be submitted by the Consultant/Project Manager to all utility companies/agencies that owns facilities within the project limits (the preferred format and media is determined by the individual utility companies) requesting they verify the location of their facilities shown or to be identified on the plans. Plans need not be sent to utility companies/agencies that have indicated they do not have facilities within the project limits. If a utility company/agency did not respond to the initial request, but City records show the existence of their facilities, Consultant/Project Manager shall send plans with supplemental request.

2. Consultant/Project Manager shall oversee that all utility companies/agencies verify the accuracy of the information shown on the plans by field investigating the location of their own facilities (active and abandoned) to determine the precise horizontal and vertical location. All pertinent information should be recorded on the plans, and one red-Iined set returned to the Consultant/Project Manager. The second set of prints is to be held by utility companies/agencies for their records. All utility companies/agencies shall also indicate the location of any future facilities proposed for construction within the next five years within the project limits.

3. Consultant/Project Manager shall ensure a written or verbal response from all applicable utility companies/agencies. As necessary, e-mail correspondence and telephone calls shall be made with reports of conversations prepared to document verbal responses from utility companies/agencies.

4. Consultant/Project Manager shall locate [pothole or use ground penetrating radar (GPR)] all existing City-owned underground utilities, such as irrigation, storm drain, electrical conduits, etc., as directed in writing by the City's Project Manager.

EXHIBIT C
38 311
Consultant/Project Manager shall request all utility agencies to pothole their facilities within the project limits as required.

5. With this information, Consultant/Project Manager shall revise plans as necessary and proceed with the design of the project making every practical attempt to avoid conflicts with all active utility facilities.

6. Consultant/Project Manager shall discuss with utility companies/agencies as necessary any potential conflicts, costs, and scheduling associated with relocations before making final decisions on design methods and relocation requirements.

7. If Metropolitan Water District (MWD), Orange County Water District (OCWD), Costa Mesa Sanitary District (CMSD), and/or Orange County Sanitary District (OCSD) would prefer that the relocations be performed by the City's Contractor at the time of the project construction, the utility shall immediately notify the Consultant/Project Manager in writing requesting this.

Said letter shall also include a statement of financial acceptance for design and construction relocation work and other attributable costs such as printing and prorated portion of mobilization and traffic control.

8. Upon approval by the City of such a request, any and all utility companies/agencies shall provide standard details (8-1/2" x 11"), any special design plans, and specifications to the Consultant/Project Engineer for inclusion in the bid package. (A minimum of 90% prior to scheduled 100% submittal date).

9. At 90% stage, the Consultant/Project Manager will conduct a walk of the entire project site to verify all existing utilities, including above ground utilities.

III. FINAL PLANS (MINIMUM 90% COMPLETE)

1. Upon completion of the plans, Consultant/Project Manager shall submit, by certified mail, two sets of prints (if the preferred format is electronic files, keep a record of the submittals) of the plans approved for utility relocation to all utility companies/agencies who may be required to relocate their facilities. The plans shall be highlighted to show all conflicts. A cover letter shall accompany the plans indicating that the plans are "Approved for Utility Relocation" and indicating the scheduled advertising date and contract award date. Plans shall be sent a minimum of two weeks before the scheduled advertising date. Plans need not be sent to utility companies/agencies who are determined not to require relocations.

2. If more than one agency will require relocation of their facilities, Consultant/Project Manager shall coordinate with the utility companies/agencies to avoid conflict among relocations.

3. Consultant/Project Manager shall oversee that all utility companies/agencies promptly review the plans for conflicts, then proceed immediately with the design of relocations, and notify the Consultant/Engineer in writing the schedules of the utility companies/agencies for relocating their facilities one week prior to bid opening.

4. Consultant/Project Manager shall ensure a written response from all applicable utility companies/agencies. When the company or agency has declined to send a response, then a report of conversation shall be prepared to document verbal responses from the utility companies/agencies.

5. The Consultant/Project Manager shall oversee that all utility companies/agencies complete designs and relocation work prior to the contract award date of the City's project.

EXHIBIT C
39 312

6. All utility companies/agencies are required to obtain all applicable (No Fee) permits from the City of Costa Mesa, Public Services Department, for proposed work in the public right-of-way.

The City's Project Manager shall review the utility plans and/or type of work prior to the issuance of the permit.

IV. BID-SET PLANS AND SPECIFICATIONS

1. Upon advertising the project for bids, Consultant Project Manager shall distribute, by certified mail, bid-set plans and specifications to all affected utility companies/agencies indicating the proposed date for beginning of construction.

2. Upon receiving the bids, Consultant/Project Manager shall forward bid results to the utility company whose work is incorporated in the project plans, specifications, and estimates (PS&E). Should the utility companies/agencies disagree with the price bid for the utility work, the utility companies/agencies may withdraw their request for the City's Contractor to perform the work. If the request is withdrawn, all utility companies/agencies shall be responsible for completing all relocations prior to construction of the City's project. Also, all utility companies/agencies will remain responsible for all costs incurred by the City, including costs to include the utility relocation work in the PS&E bid package.

V. CONSTRUCTION

1. Upon award of contract, City shall invoice all utility companies/agencies for their share of the amount bid by the Contractor for relocation/adjustment work to be performed by the City's Contractor. Utility companies/agencies shall submit payment to the City within thirty (30) days of receipt of the invoice.

2. All costs incurred by the City due to delays determined to be caused by utility companies’/agencies’ relocation of their facilities will be billed to the utility companies/agencies involved.

3. Upon final accounting and acceptance of the project, City shall invoice utility companies/agencies for any additional costs or submit payment to the utility companies/agencies for any overcharges.

Notes:

The typical schedule for City of Costa Mesa's projects usually results in approximately nine (9) to twelve (12) weeks between advertisement for bid and beginning of construction.

The City's Project Manager shall be copied on all written correspondence among all utility companies/agencies and "Engineer." Records of conversations shall be written for the files for all verbal communications, telephone, e-mail, or otherwise, and copies submitted to the City's Project Manager.

All utility companies/agencies shall be requested to attend the pre-construction meeting.

All utility companies/agencies shall be responsible for submitting plans to, and receiving plans from, all divisions of those utility companies/agencies.

The City enforces a five-year moratorium against open cut of newly-improved roadways. Open cut of newly-improved roadways is strongly discouraged. If required, permits for open cutting will include extensive pavement restoration requirements.

EXHIBIT C
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EXHIBIT B
CONSUL
TANT’S PROPOSAL
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51 315
Table of Con TenTs
Onward Engineering | Design Smarter. Build Better.

Section 1 - Cover Letter
Section 2 - Background & Project Summary
03 - Project Understanding & Site Map
Section 3 - Project Approach & Methodology
04 - Project Approach
09 - Project Management Approach
10 - Project Scope of Work
15 - Design Engineering QA/QC
16 - Project Controls
18 - Project Schedule
Section 4 - Qualifications & Experience
19 - Firm’s General Information
19 - Firm Experience
24 - Firm Federal Funding Experience
Section 6 - Key Personnel
25 - Organizational Chart
Staff Resumes
Section 6 - Fees
Section 7 - Forms
52 316
Onward Engineering
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
(714) 533.3050 | www.oe-eng.com
Onward Engineering | Design Smarter. Build Better.

City of Costa Mesa October 30th, 2024
116 E. Foothill Boulevard
Costa Mesa, CA 91741
Subject: ReQUeSt FoR PRoPoSAL FoR ADAM S AVenUe ActIVe tRAnSPoRtAtIon IMPRoVeMentS - MULtIPU RPoSe tRAI LS RFP no. 25- 09
Onward Engineering (OE) is pleased to submit our proposal to provide professional engineering services for the Adams Avenue Active Transportation Improvements – Multipurpose Trails Project.

This project represents a valuable opportunity to enhance Costa Mesa’s active transportation network, and OE is excited to bring our expertise and dedication to this endeavor. With 1.3 miles of Class I multipurpose trails along Adams Avenue, connecting the Santa Ana River bridge to Royal Palm Drive, this project will benefit cyclists, pedestrians, and the broader community.

ExtEnsivE ExpEriEncE in caltr ans-coor dinatEd projEcts OE is uniquely qualified to deliver this project with efficiency and precision, leveraging our extensive experience in Caltrans-coordinated projects, including several with the City of Costa Mesa. Our previous work in Costa Mesa, including the Newport Boulevard Widening, Harbor Avenue and Gisler Avenue Widening, Placentia Avenue Median, West 17th Street Widening, and the Bay Street and Ford Alley Reconstruction, has equipped us with a clear understanding of the City’s expectations, timelines, and standards. Our familiarity with Caltrans requirements ensures that we can keep the project on track, avoid delays, and effectively navigate any regulatory challenges. strong projEct tEam and agilE projEct mana gEmEnt
The strength of our team is led by Justin Smeets, PE, PLS, QSD as Project Manager, whose experience in active transportation and Caltrans-coordinated projects ensures precise management and timely delivery. Supporting him as QA/QC Manager is Delfino “Chino” Consunji, whose comprehensive approach to quality and oversight will guarantee high standards across all phases of the project. Our use of ClickUp for Agile Project Management allows us to track every milestone, manage tasks with clarity, and communicate transparently with the City, ensuring the project remains on schedule. rEady to bEgin
OE is prepared to make the Adams Avenue Trails project a priority. We have already conducted a preliminary site visit, equipping us to hit the ground running. This proactive approach reflects our commitment to maintaining project momentum and addressing any site-specific considerations early, which is particularly important for a project involving Caltrans coordination. By prioritizing this project, we can ensure timely progress, meeting both the City’s and Caltrans’ standards.

I will be the Primary Contact and the individual responsible for entering OE into agreement with the City of Costa Mesa. If you have any questions, please feel free to contact me at: (714) 533-3050 or by email, at: [email protected]. We look forward to a successful relationship with the City of Costa Mesa.

Thank you,
Muhammad Ataya, MPA
Vice President, Onward Engineering
53 317
PRoject UnDeRStAnDing
The City of Costa Mesa is seeking a qualified firm to provide professional engineering services for the Adams Avenue Active Transportation Improvements – Multipurpose Trails Project. The project includes the construction of 6,800 linear feet (1.3 miles) of Class I Multipurpose trails along Adams Avenue between the Santa Ana River bridge and Royal Palm Drive (shown below).

SAntA AnA
RiVeR
N
ADAMS
AVenUe
DeSIgn coMPonentS
Pavement Rehabilitation
Curb & Gutter Construction
Multi-Purpose Trail Construction
Median
Modifications
ADA Ramp Construction
ADA Driveway Construction
Streetlight Relocation
Traffic Signal Modifications
Landscaping & Irrigation
Utility Appurtenance Adjustments/
Relocations
Signing & Striping Replacement.
tentAtiVe MiLeStoneS
Notice to Proceed – December 2nd, 2024
Estimated Design Completion – June 9th, 2025 (6 months from start date) PRoject wo RkFLow
RecoRdS Re SeaRch: Review available as-built records from the City, as well as other data available from third-party sources to assist in the preparation of the engineering design and construction plans.
utility Re SeaRch: Identify all existing above ground and underground utilities and verify pertinent utility data (i.e. location, size, depth, type, etc.). Notify all utility owners of planned construction and modify, relocate, or protect in place all utilities.

Geotechnical InveStiGatio n (optio nal): Conduct a geotechnical investigation to verify the existing structural sections and subgrade soil conditions and provide recommendations for pavement treatments and multipurpose trail construction. topoGRaphic SuRvey: Conduct a topographic survey to document existing site features and elevations to facilitate the development of the base map and vertical profiles.

Site evaluation: Conduct a site evaluation to document the condition of existing infrastructure and verify utility appurtenance locations. Identify design constraints based on site conditions. backGRound & pRoject Summa Ry22
Onward Engineering | Design Smarter. Build Better.

RoyAL
PALM DRiVe

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
3 SECTION 2 : Background & Project Summary
54 318
utility potho linG (optio nal): Conduct utility potholing to ensure there are no conflicts within the proposed traffic signal pole locations.
planS, SpecificationS, eStimateS (pS&e): Develop PS&Es for the street and multipurpose trail improvements that include the previously described design components. enviRonmental aS SeSSment: Complete all CEQA/NEPA environmental studies required to obtain E-76 authorization.
pS&e Qa/Qc: Check plans, specifications, and estimates for accuracy and adherence to applicable state and federal standards.
bid aSSiStance and conStRuction Suppo Rt ( optional): Provide the necessary support to the City to execute the bid and construction phases of the project. pRoject app Roach & methodolo Gy33
PRoject APPRoAch
Site eVALUAtion
A review of available documentation and a detailed visual inspection of the site will be undertaken.

The inspection will include visual observations, photographs, and field measurements (i.e. concrete repair limits, sidewalk dimensions, etc.). All findings of the site evaluation will be geo-referenced on aerial photographs in a GIS map. Each area of interest will denote the design conflict or repair parameters and will have street level photographs linked. If requested, OE will provide the City with a link to the site evaluation data, which will also be transferred to the construction plan sheets. A sample of this map can be seen below.

DRone MAPPing
The site assessment will be enhanced with the collection of high-resolution aerial photographs of the streets using our drone. Our team has four remote pilots licensed by the FAA to fly drones for commercial use. The aerial photographs assist us in developing the base maps and plans by accurately recording site surface features, pavement conditions, and street striping configurations, as well as providing us with highly detailed reference data that cannot be achieved through traditional site evaluation methods.

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
4 SECTION 2 : Background & Project Summary & SECTION 3 : Project Approach & Methodology 55 319
aSphalt cRackInGada Ramp detaIl
Additionally, the images collected are at a higher resolution than images provided by other sources and are ideal for use in the preparation of exhibits. The image below, collected for a previous project, demonstrates the level of detailed information that can be collected using drone technology. The aerial photos collected are merged into a composite image in post-processing to create complete street segments with very high levels of detail.

PAVeMent
The pavement on Adams Avenue is in very good
condition and appears to have been recently
rehabilitated. The City intends to narrow the
roadway and modify the lengths of the medians,
which will require alterations to the edge of
pavement elevations to maintain a 2% to 4%
crossfall to the new curb and gutter.

The City has indicated its intention to slurry
seal the street; however, due to the anticipated
modifications to the street profile, milling and
overlays may be required. The final determination
of the rehabilitation methods used will be based
on the following data sources:
1 Site evaluation
findings;
2 Proposed curb, gutter, & median
vertical profiles;
3 Geotechnical investigation
results & recommendations (if available);
4 Cost-
Benefit Analysis;
5 Discussions with the City.

In addition to traditional rehabilitation methods such as pavement milling and overlays, OE can assess the potential benefits of incorporating alternative treatment methods into the design at the City’s request. The cost of incorporating these treatments varies; however, they typically result in upfront cost savings in labor and material costs or long-term savings by providing a street with service life comparable to one that has been reconstructed at a reduced price. The following is a brief description of some methods that could be considered.

FibEr rEinForcEd asph alt
Fiber additives can be incorporated into full depth pavement layers, overlays, and slurry seals to improve the tensile strength, crack resistance, and service life of the pavement. Fiber reinforced asphalt has been utilized on projects by a growing number of Cities throughout Southern California.

Cost savings can be realized by extending the pavement life and by reducing the required pavement thicknesses, as compared to conventional asphalt mixes. asphalt rubbEr capE sEal (arc s)
Asphalt rubber cape seal can be utilized in lieu of conventional cape seal or grind and overlay in some cases. While conventional cape seals can last 6 to 8 years on streets with 1/8” to 1/4 alligator cracks, ARCS can increase the pavement service life up to 15 years on roads with 3/8” to 1/2” alligator cracks. Additionally, ARCS is approximately 3-4 times less expensive than a 2” overlay.

SECTION 3 : Project Approach & Methodology

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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320
new cURb, gUtteR & MULtiPURPoSe tRAiL
The new curb, gutter and multipurpose trail will be designed to accommodate the desired trail width.

The trail will be graded to encourage excess stormwater run-off to flow from the back of the trail to the street gutters. If space permits, a parkway can be placed between the trail and curb to manage some of the run-off through percolation. Trails will be constructed with maximum cross-slopes of 2% and minimum widths of 4 feet between obstructions to achieve ADA compliance. A straight grade will be applied across the new gutter sections to maximize the slope between the ends where tying into existing gutters. Cross gutters will be proposed where necessary to convey run-off across the street.

All improvements will be designed to minimize impacts on the existing utility appurtenances and private parcels.
tRAFFIc SignALS
Based on the conceptual
plan, traffic signal
modifications are
anticipated at the
following intersections:

Shantar Drive/Albatross
Drive at Adams Avenue
Mesa Verde Drive West/
Placentia Avenue at
Adams Avenue
Mesa Verde Drive East at
Adams Avenue
Royal Palm Drive at
Adams Avenue
ADA coMPLiAnt
cURb RAMPS
Approximately 16
curb ramps within
the project limits will
require reconstruction
to accommodate
the widening of the
parkway. The ramps
will be redesigned as
3D surfaces in Civil 3D
to ensure that the ADA
slope and dimension
requirements are adhered
to. Custom curb ramp
details prepared for
the construction plans
will include horizontal
geometrics and design
elevations.

If a ramp cannot be designed to achieve complete ADA compliance due to limiting site factors such as intersecting street and sidewalk grades, the ramp will be designed to be as compliant as possible, and a Curb Ramp Memo signed by a Professional Engineer would be prepared.

SECTION 3 : Project Approach & Methodology
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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321
ADA coMPLiAnt DRiVewAyS
Based on preliminary
field observations, there
are approximately 9
driveways that may require
reconstruction. These
include locations where
driveways that are not
ADA compliant or they are
compliant but may need to
be reconstructed due to the
widening of the parkway.

The driveways will be
redesigned as 3D surfaces
in Civil 3D to ensure
that the ADA slope and
dimension requirements
are adhered to. Custom
driveway details prepared
for the construction plans
will include horizontal
geometrics and design
elevations.

StoRMwAteR MAnAgeMent
Stormwater management currently consists of parkway drains, curb drains, and catch basins located throughout the project limits. Since the conceptual design proposes to increase green space which will manage some stormwater runoff through percolation, expansion of the stormwater management system is not anticipated. However, existing stormwater management features will require reconstruction to accommodate the widening of the parkway. Based on the preliminary field observations, it is anticipated that those improvements may include: Adjusting curb opening catch basin inlet locations and elevations and reconstructing parkway and curb drains.

SECTION 3 : Project Approach & Methodology

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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322
DeSign conFLictS
Potential design conflicts observed during the preliminary site evaluation included:

Bus Shelters
Catch Basins
Curb
and Gutter
Curb Drains
Driveways

Fire Hydrants
Gas Meters
Parkway
Drains
Pull boxes
Street Signs

Street Lights
Traffic Signals
Trees
Utility Cabinets
Utility Manholes

Utility Poles
Vaults
Water Meters
OE will begin with identifying all the
design conflicts to determine which
items need to be relocated or removed,
or where modifications to the design
is the preferred approach. Third party
utility owners such as SCE require long
lead times if relocation of their utilities
is required. Impacted utility owners will
be engaged early in the design process
to coordinate the relocation of utility
appurtenances when the responsibility
to relocate falls on the utility owner.
coSt SAVing MeASUReS
The following cost-saving measures can be incorporated into the scope of work unless directed otherwise by the City.
dronE mappIng
Drone mapping will be utilized to document existing
site conditions and enhance base map accuracy,
thus reducing the amount of topographic survey
and site evaluation documentation required.

pavEmEnt EngInEErIng
OE will assess the feasibility of utilizing
alternative paving methods to reduce
construction costs, reduce maintenance costs,
and/or extend the service life of the pavement.

LeSSonS LeARneD
The following is a description of some lessons learned on other projects of similar scope that can be applied to this project to improve efficiency.
rEcurrEnt pro jEct mE Eting s
It is recommended that progress meetings be conducted every two weeks or twice monthly between the City PM and OE’s PM & Design Engineer. These 30-minute meetings conducted via video conference or telephone allows OE to give the City a brief update on the progress of the project and to discuss new design approaches and challenges. This continuous engagement, assists in keeping the project on track to meet milestones, and reduces the amount of time the City needs to spend reviewing the PS&E as many of their comments and concerns will have already been addressed. basE map accuracy
To ensure that the base maps are accurate and complete, the site evaluation will be conducted once the drone mapping, topographic survey data, and utility as-built information has been incorporated into the base maps to verify that utility appurtenance locations and ownership are portrayed correctly. adhErEncE to budgEt
Significant changes to the design can be costly and delay milestones, particularly on larger scale projects.

Therefore, the budget will be strictly adhered to throughout the design phase and all construction items will be quantified as accurately as possible early in the design process to prevent scope creep. third party comm unication
Early and continuous communication with third parties will be critical to minimize delays to the project schedule. OE will identify key personnel within organizations and provide complete design plans as early as feasible to minimize review cycles.

SECTION 3 : Project Approach & Methodology

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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323
PRoject MAnAgeMent
The City of Costa Mesa is requesting Project Management services that will include attending meetings, assessing and establishing project goals, strategies, and cost limitations, communicating with the City to keep them apprised of a project’s status, providing agendas and minutes for various meetings, preparing and submitting project scheduling progress updates, monitoring and controlling a project schedule, budget and quality, along with proactive general Project Management services.

By implementing this approach, we feel that we are pro-actively ensuring quality and the successful management of any given project.

These steps correlate to
the Project Management
Institute Standards for
Project Management.
oe’S

FIVE STEP PROJECT

MANAGEMENT APPROACH
Develop Goals
Visit Job Site
Establish Objectives
Identify Stakeholders
Monitor/Control Work
Verify & Control Scope
Control Risk Schedule
Control Cost
Perform QA
Report Problems
Direct Execution
Manage Execution
Provide QA
Manage T eams
Manage Stakeholders
Distribute Info
Define Scope
S ele c t Tea m
Calculate Budget
Calculate Schedule
Plan Communication
Document Control
Set QA/QC Plan
Close-Out Project
Prep Discoveries
Document Compliance
quality policy syst Em com ponEnts
QUALI ty ASSURA nce &
QUALI ty contRoL MAnUAL
(Design & Construction Projects)
the StAnDARD
oPeRAtIng PRoceDURe
the PRoject QUALI ty
contRoL PLA n
(Project & Site Specific QC Plan)
OE will fulfill the City’s needs and comply with all statutory and regulatory obligations with emphasis on safety, quality, schedule and maximum cost effectiveness. Our team pride themselves on the quality of the engineering services provided, making great efforts to assure that each project is of the highest quality, exceeding the needs and expectations of our valued Clients.

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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PRoject ScoPe oF woRk
PhASe 1: SIte ReSeaRch

1.1 | meetinGS
Deliverables: Meeting Minutes & Agenda (digital copies) • Project Schedule Updates (digital copies) OE will coordinate and lead the following meetings:
• Kick-Off Meeting • Bi-weekly Progress Meetings (11 total) • 30%, 60% & 90% Plan Check Meetings (3 total)

1.2 | ReSeaRch & RevieW ava ilable data
Deliverables: • Copies of Existing Records (digital copies) The OE team will compile and review all available records and documents from the City and other third-party sources including:
• As-Built Plans/Atlas Maps (i.e. sewer, storm, water, traffic signals, utilities) • Survey Data (i.e. topography, aerial photographs, centerlines, monuments, property boundaries) • Pavement Management Plans (if available) • Geotechnical Investigation Reports (if available).

1.3 | utility ReSeaRch & n otification
Deliverables: • Utility Contact Matrix (digital copy) • First, Second & Final Utility Notices (digital copies) • Utility Owner Correspondence & Records (digital copies) The utility research and notification will consist of the following tasks:
• Compile a contact information list of potential utility owners utilizing City and DigAlert records. • Prepare the first utility notice following kick-off meeting to inform utility owners of the upcoming project and request information pertaining to their utilities such as verification of the sizes, depths, and locations of their underground lines, facilities, and substructures within the project vicinity.
• Prepare the second utility notice following completion of 60% plans to provide utility owners with the plans and prompt them to identify any revisions they require to the information related to their utilities. Additionally, identify any utilities that require relocation • Prepare the final utility notice following completion of the 100% plans to provide utility owners with the final plans, provide additional details regarding the upcoming construction activities, and provide final notice that utilities must be relocated immediately if not already completed • Create a utility contact matrix to summarize utility owner contact information and track receipt of as-built information.

1.4 | dRone mappinG
Deliverables: • Aerial Photographs (digital copies)
Aerial photographs will be taken within the project limits to document site features, utility appurtenance locations, and striping configurations.

1.5 | topoGRaph ic SuRvey
Deliverables: • Survey Data Files (digital copies) • AutoCAD Survey Base Map (digital copy- signed/stamped)
A topographic survey will be conducted by OE and will include the following tasks:

Onward Engineering | Design Smarter. Build Better.

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
11 Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
10 Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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• Establish horizontal control referencing the California Coordinate System of 1983 (CCS83) and vertical control referencing the North American Vertical Datum 1988. • Survey centerline monuments and ties to establish centerline and right-of-way alignments. • Survey street cross sections at 50-foot intervals. The standard cross-sectional data will consist of Right-of-Way, Back of Walk, Top of Curb, Flow Line, Gutter Lip, and Crown for both sides of the street.
• Survey visible utility appurtenances within the street right-of-way. • Plot survey data in Autocad at 1”=40’ scale.

PhASe 2 pRelImInaRy deSIGn

2.1 | baSe mapS
Deliverables: • Right-of-Way, Street, & Utility AutoCAD Base Maps (digital copies) The following base maps will be prepared in AutoCAD:
• Centerline and ROW (utilizing gis maps, tract maps). • Existing street layout (utilizing aerial photographs, field observations). • Existing utilities layout (utilizing atlas maps, and as-built plans).

2.2 | Site ev aluation
Deliverables: • Site Evaluation Notes & Photographs (digital copies) OE will conduct a site evaluation during the preliminary design phase to gather the following information:
• Verify records drawings and data • Evaluate existing site conditions • Identify proposed improvements • Collect street level photographs of each repair location.

2.3 | 30% plan S & eStim ate
Deliverables: • 30% Plans & Estimate (digital copy)
Preliminary concept design plans (30% plans) will be prepared that include the existing site features, underground utilities, and proposed street improvements. The plans will be submitted to the City for review and a plan check meeting will be coordinated to discuss any changes required to the design prior to commencing with the 60% PS&E. A field walkthrough will also be conducted with City staff if requested.

2.4 | envi Ronme ntal aSSeSSmen t
Deliverables: • PES (digital copy) • CE Checklist (digital copy) All environmental services will be provided by ECORP Consulting, Inc. Documents anticipated to be required for environmental clearance include:
• Preliminary Environmental Study (PES) • NEPA Categorical Exclusion and CEQA Categorical Exemption.

PhASe 3 fInal deSIGn

3.1 | 60% plan S & eStim ate
Deliverables: • 30% Submittal Review Comments/Responses & Red-Lined Plans (digital copies) • 60% Plans (digital copy) • 60% Specifications (digital copy) • 60% Cost Estimate (digital copy) PLAnS
The plans will be drafted using the City’s standard title block, notes, and formatting, as well as conventional line styles.

SECTION 3 : Project Approach & Methodology

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
11 Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
11 SECTION 3 : Project Approach & Methodology
62 326
All plans will be developed using the latest AutoCAD Civil 3D software at the following scales unless instructed otherwise by the City:
description horizontal scale vertical scale
1 Title Sheet N/A N/A
2 Typical Sections NTS NTS
3 Ramp Details 1” = 5’ N/A
4 Driveway Details 1” = 5’ N/A
5 Street Improvement Plans & Profiles 1” = 20’ 1” = 4’
6 Traffic Signal Modification Plans 1” = 40’ N/A
7 Streetlighting Plans 1” = 40’ N/A
8 Landscaping & Irrigation Plans 1” = 40’ N/A
9 Signing & Striping Plans 1” = 40’ N/A
Designs will adhere to the latest editions of the governing standards for each design component which may include the following:

Americans with
Disabilities Act
- Standards for
Accessible Design
Caltrans California
Manual On
Uniform Traffic
Devices
Caltrans Local
Assistance
Procedures
Manual
Caltrans
Standard
Plans
City of Costa
Mesa Standard
Designs
Standard Plans
for Public Works
Construction

coSt eStiMAte
Development of the Cost Estimate will include the following tasks:
• Review cost templates provided by the City to verify typical bid items & descriptions. • Compile quantities based on measurements from plan sheets & site evaluation spreadsheet. • Develop unit rate construction costs from recently awarded projects based on data from the following sources:
• PlanetBids;
• Bid summaries from recent City projects;
• Bid summaries from recent OE projects;
• Caltrans Construction Cost Database.

SUbMittAL
Electronic copies of the plans, and cost estimate will be submitted to the City for review and feedback. OE will coordinate a Plan Check Meeting with the City following completion of their review.

A field walkthrough will also be conducted with City staff if requested.

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
12 Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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12 SECTION 3 : Project Approach & Methodology
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3.2 | 90% p S&e
Deliverables: • 60% Submittal Review Comments/Responses & Red-Lined Plans (digital copies) • 90% Plans (digital copy) • 90% Specifications (digital copy) • 90% Cost Estimate (digital copy) PLAnS & coSt eStiMAte
The 90% plans and cost estimate will be prepared following the same processes described in the 60% submittal task.

SPeciFicAtionS
Development of the Specifications will include the following tasks:
• Acquire boilerplate templates from the City.
• Update template text to include project specific information. • Update Project Bid Schedule to match cost estimate bid items and quantities. • Check General Provisions and Special Provisions section numbering, and titles for consistency with the referenced edition of the Standard Specifications for Public Works Construction (Greenbook).
• Add pay clauses to Special Provisions that match Project Bid Schedule.

Add any additional provisions requested by the City or deemed necessary due to the project design and construction.

SUbMittAL
Electronic copies of the plans, specifications, and cost estimate will be submitted to the City for review and feedback. A summary of the submittal review comments and scanned red-lined plans in electronic format will also be provided. OE will coordinate a Plan Check Meeting with the City following completion of their review. A field walkthrough will also be conducted with City staff if requested.

3.3 | 100% p S&e
Deliverables: • 90% Submittal Review Comments/Responses & Red-Lined Plans (digital copies) • 100% Plans (digital copy) • 100% Specifications (digital copy) • 100% Cost Estimate (digital copy) • Resident Engineer’s File (digital copies - USB thumb drive) The 100% plans, specifications, and cost estimate will be prepared following the same processes described in the 60% and 90% submittal tasks.

SUbMittAL
Electronic and physical copies of the plans, specifications, and engineer’s estimate will be submitted to the City for review and feedback. A summary of the submittal review comments and scanned red- lined plans in electronic format will also be provided. optIonal taSkS
a | Geotechnical inve StiGation
Deliverables: Geotechnical Investigation Report (digital copy) A pavement and subsurface evaluation will be conducted by Subconsultant based on the primary tasks outlined in the RFP. The geotechnical assessment will be conducted at 9 locations (1 borehole per block) along the proposed water main alignments. The general scope of work is as follows:

Mark borehole locations. • Obtain a no-fee encroachment permit from the City • Call USA to mark utilities • Provide traffic control in accordance with the MUTCD • Drill 9 exploratory boreholes in the pavement within the City right-of-way to depths of approximately 15 feet below grade. • Conduct laboratory testing including but not limited to:

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa 13
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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SECTION 3 : Project Approach & Methodology
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• In-situ moisture content and dry density.
• Optimum moisture c ontent and maximum dry density.
• Hydroconsolidation.
• Direct shear.
• Preliminary soil corrosivity.
• R-value.
• Prepare a Geotechnical Investigation Report with a summary of pavement and soil conditions, as well as design recommendations for pavement design, trenching, and shoring.

Allowances have not been included for capping boreholes with hot-mix asphalt, or utilizing specialized drilling rigs to drill through macadam pavement or gravel/cobbles. These items can be included in the geotechnical scope of work for an additional cost. b | utility potholin G (op tion a: 29 pothole S)
Deliverables: Utility Potholing Report (digital copy)
Utility potholing will be conducted by C Below, Inc. Based on the City’s conceptual design, it is anticipated that up to 29 locations may need to be assessed for utility conflicts for the relocation of traffic signal poles. The general scope of work is as follows:
• Mark borehole locations.• Obtain a no-fee encroachment permit from City. • Call USA to mark utilities. • Provide traffic control in accordance with the MUTCD. • Advance 29 potholes within the proposed locations of the traffic signal poles to depths of 10 feet below grade. • Backfill potholes and finish surface with cold patch asphalt. • Prepare a Utility Pothole Report with a summary of pothole locations, utility diameters and depths, and soil stratigraphy logs.

The final number of potholes required cannot be determined conclusively until utility as-builts have been overlaid on the preliminary design. Additional potholing may be required. c | utility potholin G (op tion b: 29 x-tRench eS)
Deliverables: Utility X-Trench Report (digital copy)
As an alternative to potholing, C Below, Inc. can complete x-trenches in lieu of potholes for increased confidence that no utility conflicts exist in the proposed locations for the traffic signal poles.

The final number of x-trenches required cannot be determined conclusively until utility as-builts have been overlaid on the preliminary design. Additional x-trenches may be required.

PhASe 4 bId aSSIStan ce & co nStRuctIon Supp oRt
bid aSSiStan ce & conStRucti on Suppo Rt
Deliverables: • Responses to Design Inquiries (digital copies) • As-Built Plans (digital copies) • AutoCAD & PDF Design Files (digital copies-USB thumb drive) OE will provide the following ongoing support services during the bid and construction phases:
bid phasE
Attend pre-bid meeting • Prepare responses to Requests for Information (4 RFIs) • Prepare contract addenda (2 addenda)
construction phasE
Attend pre-construction meeting • Conduct field inspections as requested (4 total) • Respond to RFIs (8 RFIs) • Review submittals (12 submittals) • Prepare as-built plans.

Revisions to the PS&E package or providing additional administrative support can be done at the City’s request on a time and material basis using the hourly rates in our fee proposal. Additionally, we can provide full-service construction management and inspection services upon City request.

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
14 Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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QUALity ASSURAnce & QU ALit y contRoL
Qa
Quality Assurance (QA) is a proactive measure to verify that our systems and procedures align with the City’s requirements and expectations. Achieving design quality is crucial for controlling costs during construction. By dedicating resources to producing quality designs, QA delivers a better return on investment and must be adhered to throughout all phases of project design.

The most effective Construction Management (CM) approach begins during the design phase.

Emphasizing design quality and clarity is the best way to minimize change orders, claims, and construction costs. Our QA approach focuses on creating well-documented, well-designed plans and specifications that meet a high standard of quality. This means our designs must be Clear, Complete, Correct, Consistent, and Constructible (the “5 C’s”).

Providing contractors with high-quality plans allows them to understand exactly what to bid on, minimizing areas of interpretation. The requirement for public bidding further incentivizes our design engineering team to achieve both quality and clarity in project plans and specifications. Our primary goal is to achieve the highest project quality by implementing and maintaining accuracy and consistency across all calculations, drawings, and specifications in project documents. plan review
Our documents will go through 3 levels
of review prior to each submittal:
11 InItIAL
PeeR
ReVIew

22 PRoject
MAnAgeR
ReVIew

33 QUALIty
ASSURAnce
ReVIew

error mitigation
This three tiered review allows for error
mitigation on 3 separate levels of detail:
11 gRoUnD
LeVeL
Drafting
Calculations•Document
Formatting

22 PM
LeVeL
Design
Compliance•Project Intent
Compliance

33 QA
LeVeL
Completeness
of Document•Verify “Biddable”
Plans
Qc
Quality Control (QC) involves performing all activities in conformance with valid requirements, regardless of their overall contribution to the design process. Good CAD techniques, attention to detail, and ensuring that plans are accurate and useful to the contractor are essential components of quality.

Our project engineers and project managers understand that quality results from a series of processes. It requires a team to perform numerous appropriate activities at the right times during the plan development process. QC is not just a final review; it is an ongoing approach that emphasizes quality throughout every phase of the design process.

At OE, we believe in designing smarter and building better. Our design team adheres to established design policies, procedures, standards, and guidelines in the preparation and review of all design products, ensuring compliance and good engineering practices as directed by the Project QC Plan.

This continuous focus on quality helps us deliver superior results for every project.

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PRoject contRoLS
Effective project controls are essential for managing and delivering successful projects. At OE, our project controls framework encompasses a range of activities and processes designed to ensure that projects are completed on time, within budget, and to the required quality standards. Below are the key components of our project controls approach.

DeSign kick-o FF Meeting & PRoject MeetingS
The kickoff meeting is a critical first step in setting the stage for a successful project. During this meeting, we:
• Establish project goals and objectives as well as any technical requirements. • Define roles and responsibilities.
• Review the project schedule and milestones.
• Discuss potential risks and mitigation strategies.
• Set expectations for communication and collaboration.

Regular project meetings are held to monitor progress, address any issues, and keep all stakeholders informed. These meetings facilitate open communication, ensuring that everyone is aligned and working towards the same goals.

ScheDULe contRoL
Monitoring the project schedule is vital to identify any delays early and take corrective actions. Our approach includes:
•
Regularly updating the project schedule. • Comparing planned progress with actual progress.
• Identifying the root causes of any slippage. • Implementing corrective measures to get the project back on track.

We hold two internal meetings weekly: one for status updates and the other for resource allocation.

These meetings help us stay aligned, address any emerging issues promptly, and ensure that resources are used effectively to keep the project on track.

EarnEd valuE & plan nEd valuE rEpor ting
To support this process, we prepare Earned Value (EV) Reports and Planned Value (PV) Reports on a monthly basis. These reports help us:
• Assess “Health of Schedule” by comparing value of work planned (PV) to the value of work actually completed (EV).
• Proactively identify schedule variances and areas that may require corrective action. • Provide transparency and insight into project progress for all stakeholders.

By proactively tracking schedule slippage and using EV and PV reports, we minimize delays and keep the project moving forward.

SECTION 3 : Project Approach & Methodology

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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agilE projEct mana gEmEnt
We also use ClickUp to monitor and track workload and resources. ClickUp enables us to manage tasks, allocate resources efficiently, and monitor project progress in real-time. Various views within ClickUp help us manage different phases of the project, such as utility notifications and research.

It also supports views like Task List, Gantt Chart, and Kanban Boards. This tool supports our Agile Project Management (PM) practices by allowing us to:
• Break down projects into manageable tasks, sub-tasks and checklists. • Adjust priorities dynamically based on project needs. • Facilitate collaboration and communication among team members.

StAtUS UPDAte RePoRtS
OE provides comprehensive status update reports to keep all stakeholders informed about the project’s progress. These reports include:
• A summary of completed tasks and milestones. • An overview of upcoming activities. • Identification of any issues or risks. • Recommendations for corrective actions. • Updated project timelines and forecasts. • Access to ClickUp for real-time collaboration with the City. • Inclusion of Earned Value (EV) and Planned Value (PV) reports for transparent progress tracking. These reports ensure transparency and enable informed decision-making.

DocUMent contRoL
Proper document control is essential for maintaining project integrity and ensuring that all project documents are accurate and accessible. Our document control practices include:
• Utilizing Box Enterprise as our document management system. • Operating on a HIPAA-certified, enterprise-grade, cloud filing system. • Mapping all of the City’s standards, folder structures, templates, and document formats for implementation. • Storing all documents on our cloud-based Box Enterprise account. • Allowing secure, remote access and review of our entire filing system by City staff. • Ensuring compliance with project requirements and Caltrans’ LAPM filing requirements. • Enabling City staff to select passwords for access to view, upload, or download any project files (e.g., PS&E, schedules, utility logs, field observations, daily reports, photo diaries) without changing the City’s existing IT framework. • Providing flexible access to project files from anywhere and on any device, and enabling access to select files
for other collaborators.

Effective document control helps prevent misunderstandings and ensures that everyone is working with the latest information.
coSt contRoL
One of our core corporate philosophies is honesty and transparency, and costs and budgeting are no exception.

Our cost control measures include:
• Using advanced financial software to prepare invoices and reports. • Allowing the City to request billing statements at any time during the billing cycle. • Providing real-time reports of hours and expenses, enabling the City to easily compare proposed resources to resources used and/or remaining.
• Ensuring the budget is reliable and accurate, and falls within the City’s allotted budget. • Demonstrating flexibility in reducing project costs or staying within the budget.

SECTION 3 : Project Approach & Methodology

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
SECTION 3 : Project Approach & Methodology
ID Tas k days begin complete
january 2025 february 2025 march 2025 april 2025 may 2025 june 2025 july 2025 august 2025 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 | preliminary research phase 32 1/28/25 3/12/25

1. Kick-Off Meeting 0 1/28/25 1/28/25

2. Research and Review Available Data 2 1/28/25 1/29/25

3. Utility Research & Notification (1st Notice) 2 1/30/25 1/31/25

4. Geotechnical Investigation (Optional) 30 1/30/25 3/12/25

5. Drone Mapping 2 1/30/25 1/31/25

6. T opographic Survey 15 2/3/25 2/21/25
2 | preliminary design phase 105 2/24/25 7/18/25

7. Base Maps 5 2/24/25 2/28/25

8. Site Evaluation 2 3/3/25 3/4/25

9. 30% Plans and Estimate 15 3/5/25 3/25/25

10. Submit 30% Plans and Estimate to City 0 3/25/25 3/25/25

11. City Review of 30% Plans and Estimate 10 3/26/25 4/8/25

12. Environmental Assessment 73 4/9/25 7/18/25 11/08 3 | final design phase 86 4/9/25 8/6/25

13. Utility Potholing (Optional) 20 4/9/25 5/6/25 12/29

14. 60% Plans and Estimate 18 4/9/25 5/2/25

15. Utility Research & Notification (2nd Notice) 2 5/5/25 5/6/25

16. Submit 60% Plans and Estimate to City 0 5/6/25 5/6/25 1 7. City Review of 60% Plans and Estimate 15 5/7/25 5/27/25

18. 90% PS&E 25 5/28/25 7/1/25

19. Submit 90% PS&E to City 0 7/1/25 7/1/25

20. City Review of 90% PS&E 15 7/2/25 7/22/25

21. 100% PS&E 10 7/23/25 8/5/25

22. Submit 100% PS&E to City 0 8/5/25 8/5/25

23. Utility Research & Notification (Final Notice) 1 8/6/25 8/6/25 4 | bid assist/construction support 1 8/7/25 8/7/25

24. Bid Assistance/Construction Support Phase 1 8/7/25 8/7/25

PROJECT SCHEDULE
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FIRM’S geneRA L inFoRM Ation
At Onward Engineering (OE), our mission is to set a new standard of excellence in consulting services for our clients, ultimately enhancing the quality of life in the communities we serve.
mISSIon
Statement
Incorporated Year 2004 as
a “c” Corporation in
the state of CA / 20 Years
in business / 34 Employees
deSIGn Engineering
pRoject Management
conStRuctIon Management
Staff Augmentation
plan Check
conStRuctIon Inspection
SuRveyinG
California Secretary of
State Business Entity
Number: C2640309
fiRm
detailS
pRofeSSional
SeRvIceS
fiRm
hIStoRy
Onward Engineering
300 S. Harbor Blvd.

Suite 814, Anaheim, CA 92805
(714) 533.3050
[email protected]
leGal name &
addReSS
FIRM eXPeRIence
el monte ARDen DR. Zon e 3 StRee t & bike LAne IMPRoVeMentS PRoje ct OE provided engineering design services for the City of El Monte on the Arden Drive Zone 3 Street and Bike Lane Improvements Project. The work called for the preparation of PS&E to rehabilitate pavement on Zone 3 streets and Arden Drive, as well as construct ADA ramps, repair damaged curb and reconstruct cross gutters where drainage was affected. The pavement was treated with slurry seal, cape seal, milling and overlays. Failed pavement sections were treated with a deeper grind and a grindable fibrous interlayer to prevent reflective cracking in lieu of full depth reconstruction.

Sidewalk was replaced in areas that did not meet ADA compliance, such as heaved sidewalk panels and minimum path widths. Damage due to tree root infiltration of 126 trees was also noted, requiring OE to assign a licensed arborist. Further enhancements were included in the design per the San Gabriel Valley Regional Bicycle Master Plan to include a Class II bike lane along Arden Drive and Class III bike lanes along Hickson Street, Esto Avenue, Marsen Street, Ranger Avenue, and Arden Way. OE subsequently updated the City’s Master Bike Plan with recommendations. OE also conducted public outreach activities to address concerns from local businesses, residents and stakeholders affected by the construction.

REFERENCE: Reference: John Rico, Associate Engineer, [email protected], (626) 580-2058, 11333 Valley Boulevard, El Monte, CA 91731-3293
bRea the tRAckS At bReA SegMent 3
OE provided consulting services to the City of Brea for the Tracks at Brea, Segment 3, a new bicycle and pedestrian trail from Brea Boulevard to State College Boulevard. The project included constructing a new 10-foot-wide asphalt bike trail and a 5-foot-wide walking trail, as well as a QualIfIcatIonS & expeRIence of the fIRm44
SECTION 4 : Qualifications & Experience of the Firm

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parking lot with decorative paving. The scope of work also entailed installing bioswales, drought- tolerant plants and trees, a bicycle-fixing station, and benches and trash cans. After soil excavation and remediation, the soil was fine graded and a storm drain system was installed, complete with a desilting riser to comply with the NPDES permit and prevent sediment loss. As the project disturbed greater than 1 acre, it triggered the need to comply with the Construction General Permit. The permit required a Stormwater Pollution Prevention Plan, a Notice of Intent to be filed with the California Stormwater Resources Control Board, and sampling during qualifying rain events. The project was funded by the Land and Water Conservation Fund, the Clean Transportation Fund via the Mobile Source Air Pollution Reduction Review Committee (MSRC), Safe Routes to Schools California, the Housing-Related Parks Program, and City funds.

REFERENCE: Raymond Contreras, Project Manager, (714) 990-7763, [email protected], 1 Civic and Cultural Center, Brea, CA 92821
Rancho
cucamonGa oLiVe gRoVe PARk MULti-USe tRAiL PRojec t
OE provided design engineering services on the Olive Grove Park Multi-Use Trail Project for the City of Rancho Cucamonga. The project was experiencing deep rutting which endangered trail users. The rutting was due to the steepness of the trail and a lack of a stormwater management infrastructure. The trail was reconstructed with decomposed granite and reinforced with a soil stabilizer to reduce the loss of fine material. The trail was regraded to divert stormwater to new PCC v-ditches along the trail that also intercepted all stormwater from the adjacent parkway, preventing it from crossing the trail. An underground culvert was constructed beneath a T-intersection in the trail to divert the surface run-off beneath the trail to a new v-ditch on the opposite side of the trail where the crossfall of the trail reversed and conveyed the surface runoff to an existing catch basin at the base of the park. The trail design also required the integration of flat landings every 25 feet to satisfy ADA requirements. The redesign of the trail included the construction of retaining curb next to the flat landings to secure the trail material adjacent to the landings which had previously been eroded, creating steps in the trail. The project included grading of 80,000 square feet.

REFERENCE: Romeo David, PE, Associate Engineer, [email protected], (909) 774-4070 , 10500 Civic Center Drive, Rancho Cucamonga, CA 91730
encinitaS MULti-USe PeDeStRiAn, bicycLe AnD eQUeStRiAn tRAiL-82 OE provided Engineering Design services for the Rancho Santa Fe Road Multi-Use Pedestrian, Bicycle and Equestrian Trail project (Trail 82) for the City of Encinitas. The purpose of the project was to design a multi-use trail (pedestrian, bicycle, and pedestrian use) along Rancho Santa Fe Road. The trail extended approximately 0.95 miles (5,016 feet) from Encinitas Boulevard to El Camino Del Norte along the east side of Rancho Santa Fe Road, connecting several sections of existing trail, with a varying width from approximately 6 ft. to 8 ft. The land use surrounding the project limits consisted primarily of single-family residences with some commercial developments near the intersection of Encinitas Boulevard and Rancho Santa Fe Road. The relocation of surface utility features and fences was required to accommodate the trail and the existing trail surface was rehabilitated to reduce vegetation damage, improve drainage, and comply with ADA maximum slope and minimum walkway width requirements. This included concrete curb and gutter replacement, water bar installation, ADA curb ramp reconstruction, driveway and headwall reconstruction and trail fence installation. The trail also had intersection crossings, which required slip-resistant coating upgrades, asphalt stamping and signage and striping.

REFERENCE: Pete Milligan, PE, Engineer II, (now with San Diego County Water Authority), (858) 522- 6800 [email protected], 4677 Overland Avenue,, San Diego, CA 92123 lonG beach eASt 2nD StReet bi ke LAne iMPRoVeMentS PRojec t OE provided Design Engineering services to the City of Long Beach for the East 2nd Street Bike Lane Improvements Project from the Pacific Coast Highway to the east city limits. Phase 1 of this project included designing Class 2 bike lanes in both directions along E. 2nd Street. Phase 2, which was combined with Phase 1, included incorporating a pavement grind/overlay with localized removal and SECTION 4 : Qualifications & Experience of the Firm
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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replacements of the entire pavement section into the design. Phase 3 included the preparation of conceptual median landscaping plans and a conceptual Class 1 bike lane with right-of-way takes. The project was completed on time and within budget.

REFERENCE: Derry Mac Mahon, City Engineer, (310) 525-0681, [email protected], 333 W.

Ocean Boulevard, Long Beach, CA. 90802
oRanGe county MeADS AVenUe eQ UeStRiAn tR AiL ReLocAtio n PRoje ct OE provided design engineering services to the County of Orange to relocate an equestrian trail from the south side of Meads Avenue to the north side of Meads Avenue between Orange Park Boulevard and Hillside Drive. This relocation required realigning the roadway. Drainage was a concern and was considered carefully during design. Realigning Meads Avenue required some careful consideration to preserve the rural look which the residents in Orange Park Acres prefer and still maintain drainage to eliminate erosion of the proposed trail. The existing trail had significant erosion which caused a loss and migration of sediment further down the street. A concrete or asphalt swale were considered to help further minimize erosion and limit the required maintenance on the trail and roadway shoulder while still maintaining the same aesthetic appearance.

REFERENCE: Jamie N Reyes, PE Civil Engineer, Traffic & Design Division, OC Public Works, (714) 647- 3903, [email protected], 300 N. Flower St., Santa Ana, CA 92703 bellfloWeR beLLFLoweR boULeVARD coMPLete S tRee tS PRoje ct - hSIP OE provided the City of Bellflower with Design Engineering services for the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.

REFERENCE: Philip Wang, PE, City Engineer (now in Whittier), (562) 567-9500 , pwang@ cityofwhittier.org, 13230 Penn Street,, Whittier, CA. 90602 apple valley StoDDARD weLLS RoAD wiDeni ng PRoje ct
OE provided the Town of Apple Valley with Engineering and Design services for the Stoddard Wells Road Widening Project. The project consisted of widening the roadway and shoulders of the section of Stoddard Wells Road between Interstate 15 and Johnson Road with a total length of approximately 8,450 linear feet (1.6 miles). The existing road was approximately 22 feet wide with one lane of traffic in either direction and unimproved dirt shoulders. The Town asked that the roadway be widened to 26 feet with 12-foot wide shoulders added to both sides of the road. The shoulders were reinforced with the addition of recycled asphalt pavement.

REFERENCE: Kenneth Bailey, City Engineer, (760) 240-7000 x 7119, [email protected], 14955 Dale Evans Pkwy., Apple Valley, CA. 92307
laGuna niGue l nigUeL RoAD StReet R ehAbiLitAtio n
OE provided the City of Laguna Niguel with Project Engineering services for the Niguel Road Street Rehabilitation and ADA Improvement Project. The project consisted of rehabilitating an approximately 1.93 mile (10,200-foot) section of Niguel Road that extends from Alta Tera to Marina Hills Drive. Niguel Road from Highland Avenue to Marina Hills Drive (8,450 linear feet) is an arterial street with two lanes of traffic in either direction, raised center medians, centerline striping, left and right-turn pockets, and bike lanes. Niguel Road from Alta Terra to Highland Avenue is a residential SECTION 4 : Qualifications & Experience of the Firm

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collector street (1,750-feet) with one lane of traffic in both directions. A major part of this project involved the full design of the 64 ramps for the nearly 2 mile stretch hilly roadway. Parking was prohibited on the street except on the north side of Niguel Road from Alta Terra to Galina Way which required traffic management. Additional tasks included repairing curb, gutter, and sidewalk and constructing ADA compliant access ramps where required.

REFERENCE: Jacki Scott, Public Works Director/Analyst, [email protected], (949)362- 4337 , 30111 Crown Valley Pkwy. Laguna Niguel, CA 92677 chino hillS LoS SeRRAnoS wiDeni ng AnD SiDewALk IMPRoVeMent PRoje ct OE provided full Design Engineering services for the Los Serranos Infrastructure - ATP Project. The proposed project limits included the widening of ten rural residential streets in the Los Serranos area of Chino Hills. The project limits are located just west of the 71-freeway towards the east end of the City of Chino Hills. The project locations are surrounded by single family residential homes.

The project is funded through the Active Transportation Program Project. Currently the Los Serranos area is very rural. The project limits include very minimal curb, gutter, and sidewalk. The ATP grant proposed provided funding for curb, gutter, and sidewalk on one side of each of the ten streets. The design included widening one side of the street on ten street segments within the City of Chino Hills.

REFERENCE: Tad Garrety, (909) 364-2722, [email protected], Chino Hills Engineering Department, 4000 City Center Drive, Chino Hills, CA 91709 lomita 247th StReet AReA wAteR MAin RePLAceMent PRoje ct OE provided Design Engineering services to The City of Lomita for the 247th Street Area Water Main Replacement Project. The project limits were on 246th Street, 247th Place, 248th Street, Western Avenue and Lomita Boulevard and involved the installation of 3,300 linear feet of new 6-inch PVC water mains to provide improved flow, pressure, and fire protection. The existing 4-inch/6-inch water main systems were constructed between 1928 and 1930 and had exceeded its useful service life.

REFERENCE: Mondher Saїed, PE, (310) 325-7110x110 - [email protected], 24300 Narbonne Avenue Lomita, CA 90717
alhambRa wAteR MAin RePLAceMent -hALSteAD DR., hiDALgo AVe. , & MAin St.

OE provided engineering design services for the City of Alhambra on the Water Main Replacement Project with site locations at Halstead Drive, Hidalgo Avenue, and Main Street. The purpose of the project was to replace water mains that were constructed between the 1910s and 1920s with approximately 5,400 linear feet (1.0 mile) of water mains in order to improve water flow and firefighting capabilities. The limits included Halstead Circle (from Vega St. to Vega St.) and on Hidalgo Avenue (from Alhambra Rd. to Main St.) in which 6” cast iron piping was replaced with 8” ductile iron pipe (DIP). The work on Main St. (from Hidalgo to Champion Place) involved replacing 4” cast iron piping with 8” DIP. Service lateral reconnection, trench backfilling, pavement reconstruction, signing and striping, and curb and gutter repairs were also addressed. lonG beach citywiDe ADA RAMP S & PAth oF tR AVeL PeDeStRiAn Ac ceSSibiLity iMPRoVeMent OE is providing Design Engineering services to the City of Long Beach involving Citywide ADA Curb Ramps and Path of Travel Pedestrian Accessibility Improvements. The objective of the project is to design and construct at least 20,000 new ADA compliant curb ramps over the next 20 years in accordance with current State and Federal accessibility codes and standards. The project is to SECTION 4 : Qualifications & Experience of the Firm

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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complete 1,000 of those ramps deemed most critical for accessibility. OE’s team utilizes AutoCAD Civil 3D on 3D surfaces for the designs in compliance with the Long Beach Standard Plan No. 122 in order to satisfy the maximum allowable slopes dictated in the most current version of Caltrans Standard Plan A88A, and has had to consider other accessibility standards due to occasional unavailability of a suitable ramp case and type. The project work entails the preparation of detailed individual curb ramp construction plans with the inclusion of horizontal geometrics, design elevations and dimensions, and utility appurtenance adjustments and relocations, along with concrete infrastructure such as curb, gutter, cross-gutters, and sidewalk. The necessary reconstruction is incorporated in order to accommodate the new curb ramps, meet accessibility requirements, and maintain drainage.

Additional design elements have also required consideration, which involve constructing 32”x54” size flat landings next to each pedestrian push-button at signalized intersections and installing guardrails where retaining curbs adjoin walkable hard surfaces. Due to the large volume of ramps reconstructed each year, small batches of design details and construction of the ramps are being provided to the City at regular intervals through out a continuous process, with City submittals made on a monthly basis at a scaled frequency and quality.

REFERENCE: Keith Hoey, PE, Senior Civil Engineer, m(562) 570-6586, [email protected], 411 West Ocean Boulevard,, 5th Floor, Long Beach, CA. 90802 coRona SiDewALk gA P cLoSURe At eA St chASe DRiVe & SMith AVenUe OE provided engineering design services for the City of Corona on the Sidewalk Gap Closure Project located at East Chase Drive and Smith Avenue. The purpose of the project was to construct approximately 1,400 linear feet (0.27 miles) of ADA accessible sidewalk along the following streets:
(1) Chase Drive between Gilbert Avenue and Thacker Drive; (2) Thacker Drive from Mid-block to Chase Drive; and (3) Smith Avenue between SR-91 freeway and Pleasant View Avenue. The project was funded by the Agreement for Funding Under SB 821 Bicycle and Pedestrian Facilities Program, Agreement No. 22-62-058-00, entered into between the City and the Riverside County Transportation Commission (RCTC) and was subject to all Federal and State requirements. OE’s design work included closing sidewalk gaps and designing ADA compliant curb ramps and driveways to improve accessibility, safety, and mobility for pedestrians. coSta meSa newPoRt boULeVAR D wiDeni ng IMPRoVeMentS PRoje ct OE provided the City of Costa Mesa with design engineering services on the Newport Boulevard Widening Improvements Project. The project consisted of widening a portion 77 Fair Drive of southbound Newport Boulevard to accommodate a fourth through lane and improve its Level of Service from the current “F” rating (ranging from 1.10 to 1.30). The section of roadway to be enhanced extended approximately 2,700 linear feet southwest from 19th Street to the Superior Avenue turn-off located northeast of 17th Street. The project was located within Caltrans jurisdiction and required traffic signal modifications, utility and street light relocations, and right-of way acquisitions to accommodate the additional through lane and right-turn pockets.

REFERENCE: Jennifer Rosales, Project Manager, (714) 754-5180, [email protected], 77 Fair Drive, Costa Mesa, CA 92626
financial capacity55
Onward Engineering maintains a strong financial standing and stable operational foundation, ensuring our capability to deliver the highest level of service to the City. We have no history of bankruptcy, planned closures, or mergers, and there are no factors that would impact our ability to meet the City’s project needs. Financial audits and detailed financial records are available upon selection, should the City require them. We believe this approach allows us to proceed efficiently and focus resources on developing a successful project partnership.

SECTION 4 : Qualifications & Experience of the Firm

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FeDeRAL FUnDIng & StAte cALtRAnS eXPeRIence
OE has provided Design Engineering services on several Federally Funded projects requiring Caltrans coordination. We know the District 12 Caltrans office and we guarantee Caltrans LAPM compliance on any project. A brief list of OE projects include:
bReA Berry Street & Imperial Highway Sewer Main Replacement Rails to T rails Project
LA hAbRA heig htS Hacienda Road & East Road Stimulus Street Restoration LA MiRADA Adelfa, Foster & Marquardt Rehabilitation Projects LynwooD Imperial Highway Rehabilitation Project
Pico RiVeRA Rosemead Boulevard Rehabilitation Project
noRwALk Studebaker Road & Firestone Blvd. Rehabilitation Project IRVine Red Hill Avenue Pavement Rehabilitation Project
Campus Drive Bikeway Construction Project
beLLFLoweR Bellflower Boulevard & Woodruff Avenue Rehabilitation Woodruff Avenue & Palo Verdes Avenue Rehabilitation
Flower Street Rehabilitation Project
coStA MeSA Harbor Boulevard & Gisler Avenue Intersection Project Placentia Avenue Median Installation & Landscaping
SAntA Fe SPRingS I-5 Widening Project at Florence Avenue DiAMonD bAR Residential Area 2 & Arterial Zone 1 Rehabilitation SoUth gAte Atlantic Avenue/Firestone Blvd. Intersection Widening ReDonDo beAch Aviation Boulevard Resurfacing Project (STPL) ceRRitoS Studebaker Road Rehabilitation Project
LA hAbRA La Habra Boulevard Rehabilitation Project
Pico RiVeRA T elegraph Road Median Improvements & Rehabilitation coStA MeSA Placentia Avenue Median Installation & Landscaping oRAnge coUnty Santiago Canyon Road Project
beLLFLoweR Bellflower Boulevard Complete Streets Project LA MiRADA Adelfa, Foster & Marquardt Rehabilitation Projects IRVine Red Hill Avenue Pavement Rehabilitation Project
noRwALk Bus Shelter Replacement Project
Studebaker Road & Firestone Boulevard Rehabilitation
LA hAbRA heig htS Hacienda Road & East Road Stimulus Street Restoration LynwooD Otis Street Improvement
Martin Luther King Jr. Boulevard Rehabilitation
bReA Blackstone Development Project
LA hAbRA hei ghtS Road Improvements & Slope Stabilization LAke FoReSt Lake Forest Drive Resurfacing, from Bake Pkwy to I-5 Freeway ALhAMbRA SB-1 Street Rehabilitation Project
FULLeRton Euclid Roadway Sewer Reconstruction Project
oe’S unIQue 3
appRoacheS to
fundInG
1 Our cost control
methods that
include planning
and implementing
scheduling objectives
through continuous
monitoring of project
cost, quantities,
estimation and
performance.
2 Emphasis in safety,
quality, and open lines
of communication with
the City, proejct staff
and the public.
3 Knowledge in
coordinating with both
Caltrans and Federal
Funding departments.
oe’S appRoach
to caltRanS
1 Submit Requests
for Authorization
(RFA’s) for Preliminary
Engineering, Right-of-
Way, and utility and
construction.
2 Prepare and submit
award and report on
expenditures.
3 Assist in the
preparation of both
Federal and State
invoices.

SECTION 4 : Qualifications & Experience of the Firm
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
24 75
339
Qa/Qc manaGeR cIty of coSta meSa
oe SuRvey te am
Note: OE will make available key personnel to
the extent proposed and for the duration of
the required services. No person designated as
“key” shall be removed or replaced without the
prior written concurrence of the City.
pRoject enGIneeRS
Sub conSul tantS
pRoject manaGeR
oRgAniZAtio nAL chARt
Onward Engineering | Design Smarter. Build Better.
juStIn SmeetS - pe, plS, Q Sd

bS: Civil Engineering, C S U F, 20 07
Pe: Professional Engineer #78314
PLS: Land Surveyor #9293
QSD: SWPPP Developer #00852
octA (prior) ceRtiFieD Pavement
Analysis
delfIno “chIno co nSunjI- pe

BS: Civil Engineering,
University of the Phillippines, 1986
PE: Professional Engineer #57908
•Engineering Management,
Construction, UCLA Extension, 1991
•Building Construction and,
Construction, AOTS Japan, 1990
•Inland Navigation & Management,
IFIT Belgium, 1989
key peRSonnel66
ecoRp Environmental Consultants
jeSUS oLMoS, Environmental Scientist
(909) 307-0046 | [email protected]
215 North 5th St., Redlands, CA 92374
SItIo Landscape & Architecture
PAbLo coRteZ, President
(657) 217 .6169 | [email protected]
323 N. Resh Street, Anaheim, CA 92805
c-beloW Potholing
chRiS LoeRA, COO
(310) 713- 7711 | [email protected]
14280 Euclid Avenue, Chino, CA 91710
tjW Street Lighting/Traffic Signal
thoMAS j. w heAt, Pe, te , President
(949) 878-3509 | [email protected]
9841 Irvine Center Dr., Suite 200, Irvine, CA 92618
GRoup de lta Geotech
jAMie bUeno , Pe, Associate Engineer
(310) 320.5100
370 Amapola Ave, Suite 212, Torrance, CA 90501
SECTION 6 :Key Personnel

Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
25 davId loRIa

AS: 3D Computer Animation,
Brooks College, 2004
FAA LICENSED #4098277: Drone Pilot
LEICA GEOSYSTEM: Cyclone Point Cloud
EOS SYSTEMS: Analysis/3D Modeling
TOPCON: Scan Master Point Cloud
AUTODESK: AutoCAD/Civil 3D
CERTIFIED: + Revit, 3D Max, Recap
Ryan dennIS

BS: Civil Engineering,
University of Calgary, 2005
MINOR: Environmental Engineering,
University of Calgary, 2005
P. E N G: Professional Engineer (Canada)
TECH: AutoCAD/Civil 3D
dayton loWe

COURSEWORK: Civil Engineering,
CM & T echnology, Broward College
OCTA (prior) CERTIFIED: Pavement
Conditions Analysis
TECH: AutoCAD/Civil 3D
jaSon to

BS: Civil Engineering, CSUF
EXPERIENCE: Surveying; Soil
Mechanics; Reinforced Concrete/
Structural Steel Design
TECH: AutoDesk/AutoCAD & ArcGis/RAM
eRIc uRSo - lSIt

BS: Civil Engineering, The Citadel
Military College of South Carolina
MS: Geographic Information Science,
California State University, Long Beach
LSIT: Land Surveyor-in- T raining #9297
TECH: Survey CAD; AutoCAD/Civil 3D
76 340
delfino “chino” conSunji, pe
QA/Qc MAnAgeR
39 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

CALTRANS ASPHALT RETAIN WALL DRAINAGE ROADWAY
QUALIFIcAtIonS
bS: Civil Engineering, University of the Philippines, 1986 • ceRtIFIcAte: Engineering Management for Construction, UCLA Extension, 1991 • ceRtIFIcAte: Building Construction & Management, AOTS Japan, 1990 • ceRtIFIcAte: Inland Navigation & Management, IFIT Belgium, 1989 • Pe #57908 Professional Engineer
bAckgRoUnD
Delfino “Chino” Consunji is an experienced professional engineer specializing in the design, construction, project management and inspection of buildings, private development and public works projects. Chino’s experience includes working for engineering consultants, contractors, developers, construction management firms and municipal agencies. He has served as City Engineer for the Cities of La Habra, Norwalk, Brea, West Covina and Downey and as Public Works Director for West Covina and Downey. He has managed the design and construction of over 500 projects with a total contract amount of more than $500 million throughout his over 39-year career. These projects included arterial highways and residential streets rehabilitation; intersection widening improvements; traffic signal upgrades, synchronization and safety enhancements; water, sewer, storm drain and NPDES improvements; building and facility improvements; bridge reconstruction and seismic upgrades; and park improvement projects. Chino is a Registered Professional Engineer (Civil) in the State of California.
eXPeRIence
4th St Reet bRiDge & 6th St Reet bRiDge Sei SMic Ret RoFit P Roject, LoS AngeLeS
As Project Engineer, Chino supervised the construction of the 4th Street and 6th Street Bridge seismic retrofit projects for the City of Los Angeles. Chino’s responsibilities included preparing RFI’s, submittals, PCO’s and 4-week look ahead schedules for seismic retrofit work; resolving structural details with subcontractors and inspectors; and coordinating inspection and approval of structural steel, welding and concrete work associated with seismic retrofitting of the bridges. The total project cost was $7 million.

LocAL StReetS Re hAbiLitAtion, PhASe I I (ASPhALt IMPRoVeMentS) i n Zone 3, noRwALk Chino was the Construction Manager in the City of Norwalk. The limits were bound by the Union Pacific Railroad to the Northwest, the I-5 Freeway to the Northeast, Imperial Highway to the South, and Firestone Boulevard to Southwest. The project involved cold mill and ARHM overlay, application of slurry seal to the streets, full depth removal including removal and replacement of base material.

The project also included installation of continental crosswalks, traffic signage and detector loop replacement. Incidental work involved replacement of traffic related items such as striping and pavement markings. Work was involved at 1 railroad crossing which required some added coordination. tRAnSit SySteM (ntS) bUS StoP IMPRoVeMent, PhASe I (F tA FUnDeD), noRwALk Chino served as the Construction Manager to the City of Norwalk on the Bus Stop Improvement Project, Phase 1. The City’s Transit System was in need of a revamping of the City’s 166 bus stops, with a new bus stop addition within the City of Santa Fe Springs. Each bus stop required a variety of any one of the following upgrades: solar power equipt shelters; seating; trash receptacles; and SECTION 6 :Key Personnel
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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signs built for real-time posting. OE was tasked with signage installation at 73 of the City’s bus stops along Routes 1 and 4, along with upgrading a further 9 stops. OE provided PES/Environmental preparations, base map and maintenance plan development, concept plans for bus stops, as well as a thorough field survey of all of the bus stops which included the use of drone surveying. OE’s contribution required 60 working days out of the project’s duration of approximately 18 months from the notice to proceed, with an estimated total project cost of $1.5 million, funded by the Federal Transit Administration (FTA).

Fy 2023-24 PA VeMent MAnAgeMent PRogRA M IMPLeMentAtion PRoject , gLenDALe Chino served as the Project Manager to the City of Glendale on the Fiscal Year 2023 to 2024 Pavement Management Program Implementation Project. The purpose of this project was to rehabilitate approximately 48,650 linear feet (9.2 miles) of street, a total of 60 streets in all. OE was tasked with providing designs for pavement resurfacing and reconstruction; curb, gutter and sidewalk repairs at 9 separate locations; a total of 124 ADA curb ramps and driveways construction; catch basin enhancements; bus stop improvements and relocations; sewer point repairs; tree well installation and tree planting; utility appurtenance adjustments and relocations; signing and striping; and surveying well monument installations and replacements. Additional work included sewer video inspection to identify sewer defects and preparing sanitary sewer plans for repairs that included point repairs, and sectional and full-length slip lining, along with Traffic Control plans. OE also acquired no-fee permits for ground distrubance work within the City’s right-of-way.

SieRRA ViStA DRiVe (weSt) & DeL noRte AVenUe (noRth) PRojec t, chino hiLL S Chino served as the Project Manager to the City of Chino Hills for the Sierra Vista Drive (West) & Del Norte Avenue (North) Project. The purpose of the project is to rehabilitate pavement and install new curb, gutter, and sidewalk along approximately 650 linear feet (0.12 miles) of Sierra Vista Drive between Pipeline Avenue and Del Norte Avenue and approximately 350 feet (0.07 miles) of Del Norte Avenue from Gird Avenue to Lugo Avenue. Concrete infrastructure improvements were limited to the south side of Sierra Vista Drive and the east side of Del Norte Avenue. The streets included very minimal existing curb, gutter, and sidewalk.

ARteRiAL StReet IMPRoVeMent PRoject , FoUntAin VALLey
Chino is the Project Manager for the Arterial Street Improvement Project in the City of Fountain Valley. This project focuses on the rehabilitation of critical arterial roadways, enhancing safety and mobility for both residents and visitors. The project includes Ellis Avenue from Brookhurst Street to Ward Street, approximately 2,600 linear feet; Ward Street from Apache River Avenue to Ellis Avenue, approximately 1,140 linear feet; Newhope Street from Edinger Avenue to Heil Avenue, approximately 2,600 linear feet; and Slater Avenue from Brookhurst Street to Ward Street, approximately 2,600 linear feet. In total, the project covers approximately 8,940 linear feet of roadway improvements.

The scope of work features a combination of a 2-inch grind with ARAM interlayer and ARHM overlay, including a leveling course, Type II slurry, and extensive concrete improvements. These enhancements includes sidewalk upgrades, ADA-compliant ramps, driveway reconstructions, and curb and gutter improvements, all designed to ensure long-lasting durability and significantly improves driving conditions on these vital thoroughfares. biRch StReet LAnDScAPeD MeDiAn enhAnceMentS, bReA
As Deputy Director/City Engineer, Chino managed the design, construction and inspection of the Birch Street Landscaped Median Enhancements. This project constructed new concrete medians along Birch Street from Brea Boulevard to Associated Road and installed drought tolerant landscaping with water efficient irrigation systems and up-lighting for median trees. The improvements not only enhanced the visual or aesthetic look of Birch Street in the downtown area, but also helped improve traffic safety and operations. The total project cost was $1.4 million with funding coming from Transportation Enhance Act (TEA) grant funds. biRch StReet cRoSSwALk IMPRoVeMentS, bReA
As Deputy Director/City Engineer Chino oversaw the design, construction and inspection of the Birch Street Crosswalk Improvements. The project constructed decorative crosswalk improvements at the intersection of Birch Street and Civic Center Drive. The decorative crosswalks consisted of colored concrete and sparkling glass highlights (lithocrete). Finally, the project reconstructed curb access ramps at the intersection in order to meet ADA requirements. The total project cost was $310,000 with funding coming from Gas Tax funds.

SECTION 6 :Key Personnel

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juStin SmeetS, pe, plS, QSp
PRoject MAnAgeR
19 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

WIDENING WATER SEWER DRAINAGE BIKE LANE
QUALIFIcAtIonS
Pe #78314: Registered Civil Engineer •PLS #9293: Professional Land Surveyor • QSD/QSP #00852: Qualified SWPPP Developer •bS: Civil Engineering , California State University, Fullerton, 2007 •octA ceRtiFicAtion (prior) Pavement Evaluation & Recommendations bAckgRoUnD
Justin wields 19 years of experience involving civil engineering design, municipal engineering and facilities design, construction management and construction administration. Using AutoCAD Civil 3D, Justin handles the management and development of engineering plans and specifications and mapping. Justin additionally handles land development and grading design projects, conducted earthwork calculations, and incorporates typical designs. He is proficient in federally funded projects as well, and familiar with the Caltrans Local Assistance Procedures Manual (LAPM). Justin has successfully taken multiple projects from the initial federal funding application, to the Preliminary Environmental Study, to E-76 approval, and all the way through construction of audited federally funded construction projects. He has experience managing construction projects and handles planning and running kickoff meetings with the contractor, reviewing project submittals, RFIs, CCOs, and checking contractor invoices against field quantities. Justin ensures to coordinate the daily construction details with the contractor and inspector. He has completed multiple SWPPPs and erosion and sediment control plans per the latest Construction General Permit. eXPeRIence
bennett AVenUe, wAShIngto n AVenUe, weStRIDge AVenUe A nD benDeR AVenUe cUL-De-SAcS PRojec t, gLenDoRA
Justin provided Project Management services on the Bennett Avenue, Washington Avenue, Westridge Avenue and Bender Avenue Cul-De-Sacs Project for the City of Glendora. This included the design of nearly 7,000 LF of new 8-inch ductile iron/C909 PVC water mains to improve flow, pressure and fire protection, along with 311,000 SF of streets requiring improvements. Other work included a striping enhancement concept to incorporate marked class II bike lanes, repurposing crosswalk warning lights, reconstructing and replacing 16 ADA curb ramps for compliance, traffic signal inductive loop replacement, and water main appurtenance installation and replacement. A section of pipeline located at Bennett Avenue near Valencia Street had passed beneath a storm drain, requiring directional drilling to facilitate new water main installation through the area. This was accompanied by assessments of fire hydrants, air and vacuum release valves, and water meters and services laterals. eUcLID RoADwAy & SeweR Reco nStRUctIon PRojec t, FULLeRton Justin was the Project Manager to the City of Fullerton. The project consisted of reconstructing or resurfacing approximately 3,700 linear feet of arterial streets between Fern Drive and Williamson Avenue and replacing approximately 1,700 feet of sewer mains between Malvern Avenue and Commonwealth Avenue. The project also included reconstructing 9 ADA ramps to bring them up to the most current ADA standards. The sewer work included removing the existing 10-inch VCP SECTION 5 :Staff Qualifications & Resumes
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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and replacing it with new 12-inch VCP pipe between Commonwealth and Malvern and removing and replacing sewer north of Malvern to the end of the street project limits at Fern without upsizing.

The worked also included removing the manholes at the center of the Euclid Street/Chapman Avenue intersection and establishing a new connection point approximately 50 feet to the east along Chapman Avenue as well as reconstructing the double barrel siphon and adjusting invert elevations to achieve a suitable slope. The design utilized a trenchless method to install the siphon beneath the OCPW Brea Creek Channel. Additional tasks included adjusting manhole elevations and reconnected service laterals, constructing new curb and gutter where gutter is absent, constructing ADA compliant curb ramps, and repairing curb, gutter, cross gutters, sidewalks and driveways where required. The City utilized SB1 funds for the road rehabilitation and local funds for the sewer improvements.
7-yeAR AnnUAL ReSIDentIAL RehAbILItAtIon PRojec t, DIAMonD bAR Justin was the Project and Construction Manager to the City of Diamond Bar on their annual arterial and residential roadway maintenance projects for an annual period of 7 years. Years 2010 and 2011 were awarded as separate contracts. The City awarded OE an additional 3-year contract for 2012–2014. In 2015, the City of Diamond Bar awarded OE yet another annual rehabilitation project.

The project sizes and costs were: 2010: 11.8 miles of arterial & residential streets ($908 K), 2011:
19 miles of arterial & residential streets ($1.8 M), 2012: 10 miles of arterial and residential streets ($1.1 M), 2013: 13 miles of arterial & residential streets ($1.3 M), 2014: 14.5 miles of residential, arterial & collector streets ($1.8 M), 2015: 14 miles of residential, arterial & collector streets ($1.75 M) and 2016/2017: 16.6 miles of residential and collector streets ($1.58 million). The general scope of work for each year’s project included localized R&R patching, grind and overlay, cape and slurry seal, traffic loops, traffic striping, and required heavy traffic phasing and traffic control review. Justin assisted the City through the project bidding phase, developing text and stipulations for the bid package to ensure contractor availability during the desired working months. Due to the proximity to freeways, Justin also coordinated with Caltrans to obtain encroachment permits for the City for four of the projects, which was essential.
beLLFLoweR boULeVARD coMPLete StReetS PRojec t-hSIP FUnDeD, beLLFLoweR Justin performed Project Management services for the City of Bellflower on the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing. weSt 17th StReet wIDenIng PRojec t, coStA MeSA
Justin was the Project Manager for the City of Costa Mesa on the West 17th Street Widening, from Placentia Avenue to Superior Avenue. 17th Street is a primary arterial. The Standard roadway width for a primary arterial is a 106’ right of way. The existing configuration was a 2-lane divided highway with center two-way left turn lane. The existing land uses were mostly commercial properties with a new mixed-use development at the southeast corner of 17th Street and Pomona Avenue. There were 16 properties along West 17th Street within the limits of this widening. The properties along West 17th Street had varying R/W frontages. This meant that widening affected each property differently. The design intent for this widening was to meet the classification of four-lane Primary Arterial as described in the OCTA Master Plan of Arterial Highways (MPAH). This includes 2-lanes in each direction with a median.
cDbg ReSIDentIAL StReet IMP RoVeMent PRojec t-Fy 2018 -19 c.o. no. 7150, heSPeRIA Justin was the Project Manager for the City of Hesperia on the FY 2018-19 CDBG Street Improvements Project. The project consists of constructing approximately 8,550 linear feet of streets. The project limits included Ash Street from Seventh Avenue to Eleventh Avenue (2,850 linear feet), Larch Street from Seventh Avenue to Eleventh Avenue (2,850 linear feet), and Wells Fargo SECTION 5 :Staff Qualifications & Resumes
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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Ryan denniS, p.enG.

PRoject engineeR
19 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

ROADWAY

ASPHALT

PAVEMENT

CALTRANS

WIDENING

QUALIFIcAtIonS
P.eng.: APEGA Registered Civil Engineer • bS: Civil Engineering & MInoR: Environmental Engineering, University of Calgary, 2005 • ceRtIFIeD AutoCAD & Civil 3D bAckgRoUnD
As a Project Engineer for OE, Ryan leads the design team by performing and coordinating detailed designs on public works projects. Ryan has over 19 years of experience. He received his degree in Civil & Environmental Engineering from the University of Calgary and is a Registered Civil Engineer in Alberta, Canada. He possesses an ability to produce drawings, layouts, sketches, maps, and graphic representations of engineering designs. He also has extensive knowledge of AutoCAD Civil 3D. Ryan provides support during the overall engineering and design effort. eXPeRIence
PAVeMent MAnAgeMent PRogRAM IMPLeMentAtIon PRoje ct, gLenDALe Ryan provided Project Engineering services to the City of Glendale on the Fiscal Year 2023 to 2024 Pavement Management Program Implementation Project. The purpose of this project was to rehabilitate approximately 48,650 linear feet (9.2 miles) of street, a total of 60 streets in all. OE was tasked with providing designs for pavement resurfacing and reconstruction; curb, gutter and sidewalk repairs at 9 separate locations; a total of 124 ADA curb ramps and driveways construction; catch basin enhancements; bus stop improvements and relocations; sewer point repairs; tree well installation and tree planting; utility appurtenance adjustments and relocations; signing and striping; and surveying well monument installations and replacements. Additional work included sewer video inspection to identify sewer defects and preparing sanitary sewer plans for repairs that included point repairs, and sectional and full-length slip lining, along with Traffic Control plans. OE also acquired no-fee permits for ground distrubance work within the City’s right-of-way. gReenStone PAVeMent ReconStRUctIon PRoje ct, SAntA Fe SP RIngS Ryan was the Project Engineer for the City of Santa Fe Springs on the Greenstone Pavement Reconstruction Project. The project limits were Lakeland Avenue to Sunshine Avenue, and Sunshine Avenue from Greenstone to Shoemaker Avenue. The surrounding businesses included heavy commercial and industrial with mostly large truck traffic. The prior existing roadway was severely distressed asphalt that had alligator cracking throughout the roadway. Working with the City, we came up with an alternative approach to give the roadway extended life. The method of reconstruction we used was Roller Compacted Concrete (RCC). Since we knew that we didn’t want to impact the businesses, we selected RCC because it drastically reduces the cure time of traditional concrete down to hours instead of days. It uses a machine similar to an asphalt paving machine in order to place a low slump concrete that is then compacted with a roller. This method lowers the downtime for residents and businesses and because it uses paving machines, it can be completed quickly and at a much lower cost per square foot.The scope of work included 317,500 square feet of pavement reconstruction, 1,270 lineal feet of curb reconstruction, 2,700 square feet of sidewalk reconstruction, 1,510 square feet of cross gutter reconstruction, 6,800 square feet of driveway reconstruction and 26 manhole adjustments along with various other items of work.

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newPoRt boULeVARD wIDenIng IMPRoVeMentS PRojec t, coStA MeSA Ryan served as Project Engineer for the City of Costa Mesa on the Newport Boulevard Widening Improvements Project. The project consisted of widening a portion 77 Fair Drive of southbound Newport Boulevard to accommodate a fourth through lane and improve its Level of Service from the then “F” rating (ranging from 1.10 to 1.30). The section of roadway that was enhanced extended approximately 2,700 linear feet southwest from 19th Street to the Superior Avenue turn-off located northeast of 17th Street. The project was located within Caltrans jurisdiction and required traffic signal modifications, utility and street light relocations, and right-of way acquisitions to accommodate the additional through lane and right-turn pockets.

ARDen DRIVe Zone 3 StReet & bIke LAne IMP RoVeMentS PRojec t, eL Monte Ryan served as Project Engineer for the City of El Monte on the Arden Drive Zone 3 Street and Bike Lane Improvements Project. The work called for the preparation of PS&E to rehabilitate pavement on Zone 3 streets and Arden Drive, as well as construct ADA ramps, repair damaged curb and reconstruct cross gutters where drainage was affected. The pavement was treated with slurry seal, cape seal, milling and overlays. Failed pavement sections were treated with a deeper grind and a grindable fibrous interlayer to prevent reflective cracking in lieu of full depth reconstruction.

AnnUAL PAVeMent RehAbILItAtIon PRojec t, PhASeS 1-4 , whIttIeR Ryan provided the City of Whittier with Engineering Design services through 4 phases of their Annual Pavement Rehabilitation Project. The project purpose was to rehabilitate approximately 49,000 linear feet (9.3 miles) of 46 streets with a variety of slurry and cape seal, and grind and overlay in order to achieve an extended pavement service life while minimizing future maintenance needs, improve safety and enhance aesthetics. The required work involved pavement, curb, gutter and sidewalk repair and rehabilitation, reconstructing 62 ADA curb ramps (52 with missing truncated domes), replacing 9 cross gutters, utility appurtenance adjusting and relocating, and signing and striping. The project also required Caltrans Encroachment Permits for streets around Whittier Boulevard, and permits for the Union Pacific Railroad (UPRR) due to street proximity to the right-of- way on the southwest end. OE’s in-house Laser Scanner was utilized to capture visible indications of surface utilities, trees, utility poles, luminaries, fencing, walls, sidewalks, hardscape, signs, and edge of pavement lying within the ramp locations, as well as lip of gutter, flow-line, top of curb, and back of walk elevations were documented. The survey also extended beyond the ramp’s BCRs/ECRs to ensure proper tie-in to the existing infrastructure.
beLLFLoweR boULeVARD coMPLete StReetS PRojec t, beLLFLoweR Ryan provided the City of Bellflower with Project Engineering services for the HSIP – Bellflower Boulevard Complete Streets Project. The project consists of enhancing approximately 2,200 linear feet (0.42 miles) of Bellflower Boulevard from Artesia Boulevard to the South City Limit, approximately 330 feet south of Rose Street. Bellflower Boulevard is an arterial street with two lanes of traffic and curbside parking in both directions, a dual left turn lane, and traffic signals at high volume intersections. The project was partially funded by Cycle 9 of the Highway Safety Improvement Program (HSIP). The project has an estimated cost of $1,162,100. The street enhancements included adding Class III Bike Lanes, reducing the lane widths, adding raised medians with landscaping and irrigation, upgrading and adding high visibility crosswalks, rapid flashing beacons, and pedestrian countdown heads at the intersections, bulb-outs, and road resurfacing.

SECTION 6 :Key Personnel
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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dayton loWe
PRoject engIneeR
30 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

ROADWAY

ASPHALT

PAVEMENT

ADA RAMP

WIDENING

QUALIFIcAtIonS
bRowARD coLLege coURSewoRk Civil Engineering Technology & Construction Management • octA PA VeMent RehAbiLitAtion (prior) Certification • ceRtiFieD AutoCAD & Civil 3D bAckgRoUnD
As a Project Engineer for OE, Dayton performs and coordinates detailed designs on arterial roadways, utility coordination for major relocations on high profile projects and assistance in coordination efforts on multiple projects. He possesses an ability to produce drawings, layouts, sketches, maps, and graphic representations of engineering designs. He also has extensive knowledge of AutoCAD, Autodesk Civil 3D, Eagle Pointe Civil package and others. Dayton provides support during the overall engineering and design effort, including the preparation of design drawings and calculations. He is experienced in developing residential, commercial, and industrial conceptual site plans from the preliminary phase to final construction documents; knowledgeable in the design of gravity sanitary sewer systems; skilled in the design of sanitary sewer pump stations and force main systems; accomplished in the design of water mains for residential, commercial and industrial projects; practiced in the design of drainage systems; talented in preparing drainage calculations for effective and efficient drainage systems; and familiar in the design of grading plans for storm water drainage and ADA compliance. Dayton is also proficient in preparing and submitting packages to governmental agencies to obtain required permits for construction and in the design of roadway layouts including intersections, roundabouts, turn-lanes and travel lanes. eXPeRIence
ALton PARkwAy LeFt tURn L Ane AnD MeDIAn oVeR bRIDge Deck RePLAceMent, IRVIne Dayton served as Project Engineer to the City of Irvine on this project to add a left-turn lane on Alton Parkway into the south entrance of the Irvine Civic Center. The project limits were on Alton Parkway between Harvard Avenue and Murphy Avenue. The roadway previously had a median on Alton Parkway from Harvard Avenue, stopping just shy of Murphy Avenue. The median was mixed landscape and hardscape (hardscaping across the bridge), with access points for Orange County Flood Control District north and south of the San Diego Creek overpass. The project called for removing the hardscaped median on the existing bridge deck and designing a different hardscape median to accommodate a left turn lane into Irvine Civic Center. The left turn lane was 220 feet in length with a 90 foot taper. The scope of work also entailed constructing new curbs, asphalt patching, and irrigation/landscaping modifications including replacing new roadway signs, legends and striping. OE also evaluated and addressed drainage issues created by the proposed left turn lane.

The construction contract was in the amount of $223,831.46. Work was completed in January 2015, 10 days ahead of schedule, and with no change orders during construction. yALe A VenUe RehAbILItAtIon & bRIDge oVeRcRoSSIng PRoject, IRVIne Dayton provided Project Engineering services to the City of Irvine located at Yale Avenue from Deerfield Avenue to the I-5 Overpass. Yale Avenue serves as a major Northeast Southwest arterial for the City of Irvine. This segment of Yale Avenue varies between a 2-lane arterial with bike lanes to a 4-lane arterial with bike lanes and raised medians. The limits of this project were entirely within residential neighborhoods with Heritage Park and a fire station located at the northwest corner of Yale Avenue and Walnut Avenue. The first segment from Deerfield Avenue to approximately Edgmere Avenue entailed a SECTION 6 :Key Personnel

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2” mill and a 2” Rubberized Hot Mix Asphalt Type G (RHMA-G) overlay with some full depth structural sections where the street is severely deteriorated. The second segment of roadway from Edgmere Avenue to the I-5 Overpass required a 6” mill and placement of 2.5” of RHMA-G over 4” Hot Mix Asphalt (HMA) in the street with a 2” to 2½” transitional grind at the bike lanes. This project also corrected ADA deficiencies for sidewalks and ramps. Our design team checked for existing roadway signs and striping for compliance with both the City standards as well as the 3R federal design requirements. Another important aspect of this project was its proximity to Caltrans right-of-way. Traffic control through the I-5 bridge overcrossing required obtaining a Caltrans Encroachment Permit. noRwALk tRAnSIt SySteM (ntS) bUS StoP IMPRoVeMent PRojec t, PhASe I (FtA FUnDeD), noRwALk
Dayton provided extensive work as a Project Engineer for the City of Norwalk. The City’s Transit System was in need of a revamping of the City’s 166 bus stops, with a new bus stop addition within the City of Santa Fe Springs. Each bus stop required a variety of any one of the following upgrades:
solar power equipt shelters; seating; trash receptacles; and signs built for real-time posting. OE was tasked with signage installation at 73 of the City’s bus stops along Routes 1 and 4, along with upgrading a further 9 stops. OE provided PES/Environmental preparations, base map and maintenance plan development, concept plans for bus stops, as well as a thorough field survey of all of the bus stops which included the use of drone surveying. OE’s contribution required 60 working days out of the project’s duration of approximately 18 months from the notice to proceed, with an estimated total project cost of $1.5 million, funded by the Federal Transit Administration (FTA). cItywIDe ADA cURb RAM PS & PAth oF tRAVeL PeDeStRIAn AcceSSIbILIty IMPRoVeMentS, Long beAch
Dayton was the Project Engineer for the City of Long Beach involving Citywide ADA Curb Ramps and Path of Travel Pedestrian Accessibility Improvements. The objective of the project is to design and construct at least 20,000 new ADA compliant curb ramps over the next 20 years in accordance with current State and Federal accessibility codes and standards. The project is to complete 1,000 of those ramps deemed most critical for accessibility. OE’s team utilizes AutoCAD Civil 3D on 3D surfaces for the designs in compliance with the Long Beach Standard Plan No. 122 in order to satisfy the maximum allowable slopes dictated in the most current version of Caltrans Standard Plan A88A, and has had to consider other accessibility standards due to occasional unavailability of a suitable ramp case and type. The project work entails the preparation of detailed individual curb ramp construction plans with the inclusion of horizontal geometrics, design elevations and dimensions, and utility appurtenance adjustments and relocations, along with concrete infrastructure such as curb, gutter, cross-gutters, and sidewalk. The necessary reconstruction is incorporated in order to accommodate the new curb ramps, meet accessibility requirements, and maintain drainage.

Additional design elements have also required consideration, which involve constructing 32”x54” size flat landings next to each pedestrian push button at signalized intersections and installing guardrails where retaining curbs adjoin walkable hard surfaces. Due to the large volume of ramps reconstructed each year, small batches of design details and construction of the ramps are being provided to the City at regular intervals through out a continuous process, with City submittals made on a monthly basis at a scaled frequency and quality.

ReD hILL AVenUe PAVeMent RehAbILItAtIon PRojec t, IRVIne Dayton provided Project Engineering services to the City of Irvine for this ARRA-funded project, which included preparing PS&E, plan and profile, striping and signing plans, traffic control and phasing plans and detour plans. The scope of work consisted of rehabilitating approximately 3,300 LF of roadway on Red Hill Avenue, from Deer Avenue to Reynolds Avenue. Red Hill Avenue is a major 6 lane arterial that runs parallel to the State Route 55 Freeway and serves as a non-freeway alternate route for commuters. Our design included portions of grind and overlay, full depth reconstruction, ARHM cap, removal and replacement of 4,500 LF of curb gutter, 1,500 SF of sidewalk, installing ADA-compliant ramps, and installing video detection systems at intersections, as well as various related improvements. To minimize extended traffic delays and expedite the construction schedule, OE designed a detour plan, routing commuter and truck traffic around the construction site. OE also coordinated with both the City of Irvine and the City of Santa Ana, whose jurisdiction included parts of Red Hill Avenue, to ensure equity in the project for both stakeholders and to gain project approval.

The final plans included City of Irvine, City of Santa Ana and Caltrans Standards as applicable in each jurisdiction. OE processed submittals through all reviewing agencies and ensured the project design proceeded smoothly and successfully.

SECTION 6 :Key Personnel
Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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davId loRIa
PRoject engIneeR
15 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

ROADWAY

DRONE

LASER SURVEY

WATER

WIDENING

QUALIFIcAtIonS
FAA LicenSeD #40 98277 Commercial Drone Remote Pilot • LeicA geoSySteMS Cyclone Point Cloud Processing Software • eoS SySteMS PhotoModeler Motion Photogrammetric Image Analysis/3D Modeling • AUtoDeSk Auto CAD, Civil 3D, Revit, 3D Max, Recap • toPcon Scan Master Point Cloud Processing Software • AS: 3D coMP UteR An iMAtion Brooks College, Long Beach, 2004 • ceRtiFieD AutoCAD & Civil 3D
bAckgRoUnD
David Loria has accumulated over 15 years of experience crafting his knowledge and skills in the survey and engineering industries that include CAD management, drafting and estimating, survey data and mapping, design analysis, base mapping, QA/QC checking, HD Laser scanning, 3D modeling and animation, forensic research, improving workflow pipeline methods, base maps, generating digital terrain models and accurate 3D line-work, and point cloud analysis and feature extraction, as well as advance photogrammetric modeling and analysis software. He has over 8 years of experience planning and performing site inspections and laser scans in the field, and analyzing, drafting, modeling and animating scenes for final presentations under strict deadlines. Other skills include drafting as-builts and record drawings for contract closeout submittals, and drafting base maps by combining survey data, Edison field inventory maps, public utility as-builts and other data for planning the removal, installation, replacement or repair of Edison electrical line, equipment or structures. David is proficient in multiple workflows depending on the needs and budget of a project to make sure it is completed on time and within budget. eXPeRIence
ReSiDentiAL St ReetS P A VeMent Reh AbiLitAtion P RojectS-AReAS 1, 2, & 4, Downey
David provided the City of Downey with Project Engineering services for the Residential Streets Pavement Rehabilitation Project for Areas 1, 2, and 4. The main objective was to improve the PCI of the area residential street segments in order to extend the street service life, improve safety, minimize costs and maintenance needs, and enhance aesthetics. In order to accurately develop a scope of work and fees for the design services, OE conducted a detailed field evaluation, a thorough review of the City’s Pavement Management Plan, and approximated the costs for the construction activities to develop a final list of residential street segments. OE was then able to determine the quantity of streets that could be incorporated into the engineering design, which rehabilitation method to use and which method could be feasibly rehabilitated while adhering to the City’s available budget, along with providing recommendations and estimates. Upon approval by the City, the team then began to prepare separate PS&E packages for each of the 3 zone areas. The resulting work required a total of 7, 500 feet of new and reconstructed curb, gutter and sidewalk along 21 residential street segments, with roadway improvements stretching .18 mile in Zone 1, 1.003 miles in Zone 2, and .22 mile in Zone 3. On a number of segments OE used straight grade between tie in points at adjacent segments to maximized drainage slopes. A total of 164 Curb Ramps were reconstructed to meet ADA compliance along with 85 total driveways, in addition to street widening and single-sided street parking construction. Collaboration with Caltrans, LA County Flood Control District and Union Pacific Rail Road was also performed in order to acquire permit acquisitions on the segments.

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newPoRt bL VD . wIDenIng IMPRoVeMentS PRoject, coStA MeSA David worked as a Project Engineer to the City of Costa Mesa on the Newport Boulevard Widening Improvements Project, which consists of widening a portion 77 Fair Drive of southbound Newport Boulevard to accommodate a fourth through lane and improve its Level of Service from the current “F” rating (ranging from 1.10 to 1.30). The section of roadway to be enhanced is approx. 2,700 linear feet southwest from 19th Street to the Superior Avenue turn-off located northeast of 17th Street. The project is within Caltrans jurisdiction and requires traffic signal modifications, utility and street light relocations, and right-of way acquisitions to accommodate the additional through lane and right-turn pockets.

LAke FoReSt DRiVe ReSURFAcing (bAke PARkwAy to I-5), LAke FoReSt David served as a Project Engineer for the City of Lake Forest on this project to prepare full design plans, specifications and estimates (PS&E) for this roadway resurfacing project located at Lake Forest Drive, between Bake Parkway and the I-5 freeway. The project design plans were to be phased in order for the construction to be distributed into three phases as funding permitted. Along the approximately 5.5 mile stretch of road within the project limits, the phases required the construction of 152 ADA ramps and 22 ADA driveways in total and 7,105 linear feet of median curb height construction, along with the construction of bus pads, curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI of the street segments following our team’s professional assessment of the existing pavement conditions in order to extend the street service life, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance costs and enhance aesthetics. This project is funded through Measure M2, SB1 and Infrastructure Reserves Funds.
tRAbUco RoAD ReSURFAcing PRoject (PeAchwooD to bAke PARkwAy), LAke FoReSt
David served as a Project Engineer to the City of Lake Forest to prepare full design Plans, Specifications and Estimates (PS&E) to the City of Lake Forest on the Trabuco Road Resurfacing Project for road resurfacing on Trabuco Road, between Peachwood Parkway and Bake Parkway. The work required the construction of 11 ADA ramps and 2 ADA driveways in total, median curb height construction, along with curb gutter and sidewalk repairs, and signing and striping replacement. The main objective is to improve the PCI for Trabuco Road following our team’s professional assessment of the existing pavement conditions in order to extend the useful service life of the streets, improve safety by upgrading to safer streets with better ride quality and pedestrian access, minimize future maintenance needs and costs, and enhance aesthetics.
citywiDe ADA cURb R AMPS & P Ath o F tRA VeL Pe DeStRiAn Ac ceSSibiLity IMPRoVeMent , Long beAch
David served as a Project Engineer to the City of Long Beach involving Citywide ADA Curb Ramps and Path of Travel Pedestrian Accessibility Improvements. The objective of the project is to design and construct at least 20,000 new ADA compliant curb ramps over the next 20 years in accordance with current State and Federal accessibility codes and standards. The project is to complete 1,000 of those ramps deemed most critical for accessibility. OE’s team utilizes AutoCAD Civil 3D on 3D surfaces for the designs in compliance with the Long Beach Standard Plan No. 122 in order to satisfy the maximum allowable slopes dictated in the most current version of Caltrans Standard Plan A88A, and has had to consider other accessibility standards due to occasional unavailability of a suitable ramp case and type. The project work entails the preparation of detailed individual curb ramp construction plans with the inclusion of horizontal geometrics, design elevations and dimensions, and utility appurtenance adjustments and relocations, along with concrete infrastructure such as curb, gutter, cross-gutters, and sidewalk. The necessary reconstruction is incorporated in order to accommodate the new curb ramps, meet accessibility requirements, and maintain drainage.

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eRic uRSo, LSit
PRoject engineeR
10 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

ROADWAY

ASPHALT

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WIDENING

QUALIFIcAtIonS
bS: Civil Engineering, The Citadel, The Military College of South Carolina•MS: Geographic Information Science, California State University, Long Beach• LSit: #9297: Land Surveyor-In-Training • SoFtwARe: AutoCAD, SurveyCAD and Civil 3D
bAckgRoUnD
Eric found his passion in the Civil Engineering field over 10 years ago, graduating with a Bachelor of Science in Civil Engineering from The Citadel, The Military College of South Carolina, and very recently completing his Master’s program at California State University, Long Beach in Geographic Information Science (GIS). He has spent many years working in construction management. His time spent in construction management helped him understand many of the inner-workings of the industry. Lately, within the past year, Eric has focused his attention toward Land Surveying. In that role, he has performed topographic surveys, construction surveys, boundary surveys, and construction staking, which has sharpened his skills and increased his attention to detail, allowing for a more clear understanding when applying his skills and experience to CAD work, including proficiency with Pix4DMapper, ENVI and photogrammetry. Eric has now worked as a Land Surveyor on various projects for Los Angeles and Orange Counties. Such projects include the 6th Street Bridge in Downtown Los Angeles, Metro Purple Line Extension Section 3 in Century City, and 405 Highway Widening for Orange County Transportation Authority (OCTA). This work includes proficiency in using the Leica Total Station System and Data Collector and the use of GPS for traversing and establishing bench marks. eXPeRIence
6th StReet bRiDge ViADUct RePLAceMent PRoje ct, Downtown LoS AngeLeS Eric provided Project Engineering Services on the 6th Street Bridge Viaduct Replacement Project which replaced the original structure built in 1932. The new structure viaduct accommodates vehicles and pedestrians, as did the original, and provides dedicated lanes for bikes. A new 12-acre public park running below the bridge, accessible by multiple stairways and a monumental helical bike ramp, provides access to much-needed recreational fields with restrooms, a café, the LA River, public art, and a programmed arts plaza. The new viaduct, a tied arch bridge referred to as the “Ribbon of Light,” pays homage in its design to the 1932 bridge, which had two pairs of iconic arches over the LA River section of the structure. The new bridge employs a series of 10 pairs of sculptural arches with the tallest pairs placed adjacent to and framing the LA River where the original arches stood and another taller pair span the I-101 as a gateway on the east. The $588-million project was funded by the Federal Highway Administration, the state of California and the City of Los Angeles. The project was completed in the Summer of 2022.

MetRo DiViSion 20 PoRtAL w iDeni ng tURnbAck & StRUctURA L bRiDge Rei nFoRceMent PRoject, LoS AngeLeS
On the Metro Division 20 Portal Widening Turnback and Structural Bridge Reinforcement Project for the City of Los Angeles, Eric processed and reviewed submittals, RFIs, and correspondence for construction services in the Metro Rail Yard which consisted of demolition, civil improvements, traction power substation, ductbanks, street improvements, support of excavation, and structural bridge reinforcement.

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247th StReet AReA wAteR MAin RePLAceMent PRojec t, LoMitA Eric served as Project Engineer to The City of Lomita for the 247th Street Area Water Main Replacement Project. The project limits were on 246th Street, 247th Place, 248th Street, Western Avenue and Lomita Boulevard and involved the installation of 3,300 linear feet of new 6-inch PVC water mains to provide improved flow, pressure, and fire protection. The existing 4-inch/6-inch water main systems were constructed between 1928 and 1930 and had exceeded its useful service life.

The proposed water main was installed parallel to the existing main while keeping the old line in service to minimize downtime for the public. All fire hydrants, service laterals, valves, blow-offs, air release valves, and other associated water appurtenances were replaced, and sectional pavement, curb gutter and sidewalk were removed and reconstructed according to ADA standards and drainage patterns. Encroachment permits from Caltrans and the City of Los Angeles within their jurisdictions were secured. Funding was sourced from the City’s CIP Program and the FEMA Hazard Mitigation Grant Program.
bennett AVenUe, wAShing ton AVenUe, weStRiDge AVenUe AnD benDeR AVenUe cUL-De-SAcS PRojec t, gLenDoRA
Eric served as Project Engineer on the Bennett Avenue, Washington Avenue, Westridge Avenue and Bender Avenue Cul-De-Sacs Project for the City of Glendora. This included the design of nearly 7,000 LF of new 8-inch ductile iron/C909 PVC water mains to improve flow, pressure and fire protection, along with 311,000 SF of streets requiring improvements. Other work included a striping enhancement concept to incorporate marked class II bike lanes, repurposing crosswalk warning lights, reconstructing and replacing 16 ADA curb ramps for compliance, traffic signal inductive loop replacement, and water main appurtenance installation and replacement. A section of pipeline located at Bennett Avenue near Valencia Street had passed beneath a storm drain, requiring directional drilling to facilitate new water main installation through the area. This was accompanied by assessments of fire hydrants, air and vacuum release valves, and water meters and services laterals.

DURFee AVenUe & RAMonA boULeVARD SiDewALk IMPRoVeMentS PRojec t, eL Monte Eric was the Project Engineer for the City of El Monte on the Durfee Ave. and Ramona Blvd. Sidewalk Improvements Project (CIP No. 002). The project limits included two areas. The first was the south side of Ramona Boulevard, between the eastern city limit - west side of San Gabriel River Trail – and Durfee Avenue (1,115 linear feet). The second location was on both sides of Durfee Avenue, between Ramona Boulevard and the address of 4000 Durfee Avenue (2,525 linear feet). The project had five main objectives. (1) reconstruct sidewalks, driveways, and curb ramps within project limits as necessary to comply with current ADA requirements. (2) identify surface utilities preventing ADA compliance and provide design alternatives that include constructing around the interfering utilities or relocating them. (3) evaluate existing infrastructure (sidewalks, driveways, and curb ramps) for adherence to current ADA requirements. (4) construct new ADA compliant sidewalk where absent. (5) ensure all improvements are constructed within the existing right-of-way.

Zone 3 co LLectoR RoAD iMPRoVeMentS PRojec t, LAgUnA beAch Eric served as Project Engineer to the City of Laguna Beach toward the development of Plans, Specifications & Estimates for street improvements of Park Avenue, from Glenneyre Street to Wendt Terrace; Glenneyre Street, from Park Avenue to Thalia Street; and Thalia Street, from Temple Hills Drive to the South End The City. The project consisted of rehabilitating approximately 3,200 linear feet of Park Avenue, 2,500 linear feet of Glenneyre Street, and 2,500 linear feet of Thalia Street.

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Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
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jaSon to
PRoject engineeR
6 yeaRS of
eXPeRience
FieLDS oF eXPeRtiSe:

ROADWAY

ASPHALT

PAVEMENT

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WIDENING

QUALIFIcAtIonS
bS: Civil Engineering, California State University, Fullerton • SkILLS: AutoDesk, AutoCAD, RAM Structural Systems, ArcGIS • R oLeS: CAD Designer 1, Lab Engineer 1, Technical Specialist, Construction Manager
bAckgRoUnD
Jason To is an entheusastic Project Engineer and a recent graduate from Calfornia State University, Fullerton, earning a Bachelor’s of Science Degree in Civil Engineering. He quickly followed this by taking on the role of Lab Engineer 1 and Technical Specialist for RMS Energy Consulting, where he provided projects scheduling, data analysis, drafted standard testing procedures for energy efficient appliances, and configured, calibrated and tested thermal couples equipment energy appliances for energy efficiency. In this role, Jason gained a wide range of design experience beginning with Soil Mechanics, where he determined properties of soil required for foundation design, then in Reinforced Concrete Design, where he designed and analyzed reinforced concrete structures, followed by Structural Steel Design, where he designed and analyzed steel structures. Jason also gained experience in Engineering Surveying, where he learned how to properly survey and use surveying equipment, as well as in Construction Management in learning how to create a project schedule and cost estimates with safety and reliability considerations through MS Project. His most recent position at Advantage Engineers allowed him work as a CAD Designer 1, where he designed and drafted zoning and construction drawings, site plans, red-line corrections, etc. for the purpose of wireless siting, and communicated drawing status and schedule to the Project Manager and other Team members, making him a team player along with his acquired design and management skills in the field.
eXPeRIence
Fy 2022-23 AnnUAL P A VeMent RehAbiLitAtion PRoject , PhASeS 1-4, whittieR Jason is providing the City of Whittier with Project Engineering services through 4 phases of their Annual Pavement Rehabilitation Project. The project purpose is to rehabilitate approximately 49,000 linear feet (9.3 miles) of 46 streets with a variety of slurry and cape seal, grind and overlay in order to achieve an extended pavement service life while minimizing future maintenance needs, improve safety and enhance aesthetics. The required work involved pavement, curb, gutter and sidewalk repair and rehabilitation, reconstructing 62 curb ramps (52 with missing truncated domes), replacing 9 cross gutters, utility appurtenance adjusting and relocating, signing and striping. The project also required Caltrans Encroachment Permits for streets around Whittier Boulevard, and for the Union Pacific Railroad (UPRR) due to street proximity to the right-of-way on the southwest end. OE’s in- house Laser Scanner was utilized to capture visible indications of surface utilities, trees, utility poles, luminaries, fencing, walls, sidewalks, hardscape, signs, and edge of pavement lying within the ramp locations, as well as lip of gutter, flow-line, top of curb, and back of walk elevations were documented.

The survey also extended beyond the ramp’s BCRs/ECRs to ensure proper tie-in to the existing infrastructure.

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Zone 3 coLLectoR RoAD iMPRoVeMentS, LAgUnA beAch
Jason is providing Project Engineering services to the City of Laguna Beach for the development of Plans, Specifications & Estimates for street improvements of Park Avenue, from Glenneyre Street to Wendt Terrace; Glenneyre Street, from Park Avenue to Thalia Street; and Thalia Street, from Temple Hills Drive to the South End The City. The project consists of rehabilitating approximately 3,200 linear feet of Park Avenue, 2,500 linear feet of Glenneyre Street, and 2,500 linear feet of Thalia Street.

Additional tasks include analyzing crown slopes at pedestrian crossings to reduce crossfall and steep crowns, as needed, along with utility adjustments, a record of survey on Thalia Street, a two-phase set of traffic control plans, and signing and striping. Traffic control and detour plan phasing is also included in order to accommodate the summer moratorium and for Thalia Street, OE prepared and filed with the County of Orange a Record of Survey showing the existing centerline from Temple Hills Drive to the southwest end.
cLARk AVenUe RehAbiLitAtion PRoject, beLLFLoweR
Jason is providing Project Engineering services to the City of Bellflower on the Clark Avenue Rehabilitation project. The project spanned 2,200 LF of arterial roadway from Artesia Boulevard to the South City limits. The scope of work included an inverted grind and overlay to reduce the crown height and provide more gradual grads at the edge of the roadway. The project also entailed a full-width ARHM overlay, localized full-depth reconstruction, installing 22 traffic loops, adjusting 22 manholes and 35 valves, metal hand-railing, curb & gutter, PCC driveways, and 11 curb ramp replacements to meet ADA compliance, as well as necessary traffic striping. Due to the projects close proximity to the City of Lakewood, OE was required to coordinate with both the City of Bellflower and the City of Lakewood.

ADA AcceSS RAMP iMPRoVeMentS PRoject, PhASeS 13 thRU 17, LAke FoReSt Jason provided Project Engineering services for the City of Lake Forest on the ADA Access Ramp Improvements Project, Phases 13 through 17. The project was funded through the Community Development Block Grant. The goal of the project was to re-design existing access ramps to meet compliance with the ADA State of California Building Code, Title 24 Standards, along with City of Orange Standard Plans. This required a full cultural resources study and report of California Historical Resources, a Sacred Lands search, a Reconnaissance Report, and a pedestrian field survey of the project area. This 5-phase project required a total of 113 ramp designs, reconstruction and replacement for a period of 3.5 years. The ramp components included landing widths, side flares, and landing/running/counter and sidewalk cross slopes. Adjacent sidewalk, curb and gutter replacements were made as necessary to accommodate the new ramps.

ReSiDentiAL StReetS P A VeMent RehAbiLitAtion PRojectS, AReAS 1, 2 & 4, Downey Jason served the City of Downey as Project Engineer. The main objective was to improve the PCI of the area residential street segments in order to extend the street service life, improve safety, minimize costs and maintenance needs, and enhance aesthetics. In order to accurately develop a scope of work and fees for the design services, OE conducted a detailed field evaluation, a thorough review of the City’s Pavement Management Plan, and approximated the costs for the construction activities to develop a final list of residential street segments. OE was then able to determine the quantity of streets that could be incorporated into the engineering design, which rehabilitation method to use and which method could be feasibly rehabilitated while adhering to the City’s available budget, along with providing recommendations and estimates. Upon approval by the City, the team then began to prepare separate PS&E packages for areas 1, 2 and 4. The work across the three zones covered nearly 29 miles of residential streets. On a number of segments OE used straight grade between tie-in points at adjacent segments to maximized drainage slopes. A total of 164 Curb Ramps were reconstructed to meet ADA compliance along with 85 total driveways, in addition to street widening and single-sided street parking construction. Collaboration with Caltrans, LA County Flood Control District and Union Pacific Rail Road was also performed in order to acquire permit acquisitions on the segments. The work was completed on time and within budget.

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Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
90 354
RFP25-09.C06328.DRAFT

VENDOR APPLICATION FORM
FOR
RFP No. 25-09 ADAMS AVENUE ACTIVE TRANSPORTATION IMPROVEMENTS -

MULTIPURPOSE TRAILS
TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION
Is your business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION
Onward Engineering
Muhammad Ataya, MPA
Vice President [email protected] om
(714) 533-3050 [email protected]
300 S. Harbor Boulevard, Suite 814
Anaheim, CA. 92805
Muhammad Ataya, MPA
Vice President [email protected] om
(714) 533-3050 [email protected]
91 355

EXHIBIT C
FEE S

CHEDULE
98 356
SECTION 7: COST PROPOSAL
coSt pRopoSal
77 SIte ReSeaRch phaSe
QA/QC
$200 hr.

PM
$185 hr.

PE
$140 hr.

SURVEY
$400 hr.

HOURS SUB-TOTAL LANDSCAPE

ARCHITECT

TRAFFIC

ENGINEER

ENVIRONMENTAL GEOTECH POTHOLING SUB-CONSULT

SUB-TOTALS

GRAND TOTAL
COST

1.1 Meetings 27 27 54 $8,775.00 $1,150.00 $1,150.00 $9,925.00

1.2 Research & Review Available Data 8 8 16 $2,600.00 $1,380.00 $1,380.00 $3,980.00

1.3 Utility Research and Notification 8 32 40 $5,960.00 $5,960.00

1.4 Drone Mapping 8 8 $1,120.00 $1,120.00

1.5 Topographic Survey 8 12 16 128 164 $57,260.00 $57,260.00 Sub- Total 8 55 91 128 282 $75,715.00 $2,530.00 $2,530.00 $78,245.00 pRelImInaRy deSIGn phaSe
QA/QC
$200 hr.

PM
$185 hr.

PE
$140 hr.

SURVEY
$400 hr.

HOURS SUB-TOTAL LANDSCAPE

ARCHITECT

TRAFFIC

ENGINEER

ENVIRONMENTAL GEOTECH POTHOLING SUB-CONSULT

SUB-TOTALS

GRAND TOTAL
COST

2.1 Base Maps 8 80 88 $12,680.00 $12,680.00

2.2 Site Evaluation 4 16 20 $2,980.00 $2,588.00 $2,588.00 $5,568.00

2.3 30% Plans and Estimate 8 24 120 152 $22,840.00 $7,935.00 $18,803.00 $26,738.00 $49,578.00

2.4 Environmental Assessment $13,340.00 $13,340.00 $13,340.00 Sub- Total 8 36 216 260 $38,500.00 $7,935.00 $21,391.00 $13,340.00 $42,666.00 $81,166.00 fInal deSIGn phaSe
QA/QC
$200 hr.

PM
$185 hr.

PE
$140 hr.

SURVEY
$400 hr.

HOURS SUB-TOTAL LANDSCAPE

ARCHITECT

TRAFFIC

ENGINEER

ENVIRONMENTAL GEOTECH POTHOLING SUB-CONSULT

SUB-TOTALS

GRAND TOTAL
COST

3.1 60% Plans and Estimate 8 24 120 152 $22,840.00 $7,935.00 $18,803.00 $26,738.00 $49,578.00

3.2 90% PS&E 8 40 160 208 $31,400.00 $18,803.00 $18,803.00 $50,203.00

3.3. 100% PS&E 4 16 80 100 $14,960.00 $2,645.00 $7,475.00 $10,120.00 $25,080.00 Sub- Total 20 80 360 460 $69,200.00 $10,580.00 $45,081.00 $55,661.00 $124,861.00 total houRS & coStS
optIonal taSkS
QA/QC
$200 hr.

PM
$185 hr.

PE
$140 hr.

SURVEY
$400 hr.

HOURS SUB-TOTAL LANDSCAPE

ARCHITECT

TRAFFIC

ENGINEER

ENVIRONMENTAL GEOTECH POTHOLING SUB-CONSULT

SUB-TOTALS

GRAND TOTAL
COST
A Geotechnical Investigation 4 4 $740.00 $33,040.00 $33,040.00 $33,780.00 B Utility Potholing (Option A - 29 Potholes) 4 4 $740.00 $37,395.00 $37,395.00 $38,135.00 C Utility Potholing (Option B - 29 X-Trenches) 4 4 $740.00 $114,342.00 $114,342.00 $115,082.00 D Bid Assistance/Construction Support 46 28 74 $12,430.00 $2,360.00 $3,540.00 $5,900.00 $18,330.00 The hourly rates above are our fee schedule. Any additional work will be negotiated utilizing those hourly rates. These are a “Not to Exceed” proposal of fees.
1002 $183,415.00 $18,515.00 $69,002.00 $13,340.00 $100,857.00 $284,272.00 Adams Avenue Active Transportation Improvements - Multipurpose Trails Project, RFP No. 25-09, for The City of Costa Mesa
99 357
ATTACHMENT 2
358

CONCEPTUAL FOR PLANNING PURPOSESNOT FOR CONSTRUCTION
ATTACHMENT 3

CONCEPTUAL RENDERING

ADAMS AVENUE ACTIVE TRANSPORTATION IMPROVEMENTS - MULTIPURPOSE TRAILS 359

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-134 Meeting Date: 1/21/2025
TITLE:

REVIEW OF THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S DECISION TO APPROVE MINOR CONDITIONAL USE PERMIT AND OUTDOOR DINING PERMIT (PODA-24-0001 AND PMCP-24-0008) LOCATED AT 814 WEST 19TH STREET (“WESTEND”)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: JUSTIN ARIOS, ASSOCIATE PLANNER
CONTACT INFORMATION: JUSTIN ARIOS, ASSOCIATE PLANNER, 714-754-5667 RECOMMENDATION:

Staff recommends the City Council review the Planning Commission’sdecision to uphold the Zoning Administrator’s decision to approve PODA-24-0001 AND PMCP-24-0008.

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City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA
92626
Item #: 25-134 Meeting Date: 01/21/2025
TITLE: REVIEW OF THE PLANNING COMMISSION’S DECISION TO UPHOLD THE ZONING ADMINISTRATOR’S DECISION TO APPROVE MINOR CONDITIONAL USE PERMIT AND OUTDOOR DINING PERMIT (PODA-24-0001 AND PMCP-24-0008) LOCATED AT 814 WEST 19TH STREET (“WESTEND”)

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT /PLANNING

DIVISION

PRESENTED BY: JUSTIN ARIOS, ASSOCIATE PLANNER

CONTACT INFORMATION: JUSTIN ARIOS, ASSOCIATE PLANNER, 714-754-5667

RECOMMENDATION:

Staff recommends the City Council review the Planning Commission’s decision to uphold the Zoning Administrator’s decision to approve PODA-24-0001 AND PMCP-24-0008.

APPLICANT OR AUTHORIZED AGENT:

The authorized agent is Tyler Hertzske/Roland Barrera, representing the property owner, Monica Chang.

BACKGROUND:

The existing business, Westend, was approved administratively with a business license to replace a food and beverage serving establishment in 2017 (“Big Belly Deli”). The Westend business license approved a coffee/café eatery with beer and wine, as well as the retail sale of antiques. The approved hours of operation are from 6 a.m. to 11 p.m., with a maximum of 300 square feet of indoor restaurant seating area.

The project site is located along the north side of West 19th Street between Federal Avenue and Placentia Avenue. The property is zoned C1 (Local Business District) and has a General Plan land use designation of “General Commercial”. Physical on-site improvements include an existing 1,034-square- foot building with an approximate 175 square- foot front courtyard area. The property has vehicular access from a narrow on-site driveway that connects to a three-car surface parking lot located at the rear of the property. The project site is surrounded by commercially zoned properties to the south (across West 19th Street), east and west; and by industrially zoned properties to the north (along Placentia Avenue). Several existing eating and drinking establishments are located nearby and on both sides of the subject property. See Figure 1 – Site Plan, below.

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Item #: 25-134 Meeting Date: 01/21/2025

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Zoning Administrator Review

On May 28, 2024, the City’s Zoning Administrator approved a project to permit outdoor dining and construct a new outdoor patio structure, removal of two of the three existing site parking spaces to accommodate the new outdoor patio, expand the hours of operation for service of alcoholic beverages, and to allow for live entertainment indoor and outdoor (new patio) at an existing food and beverage establishment. On May 30, 2024, an “application for review” of the approval was submitted by then City Councilmember Harper, concerned specifically with “adequate parking for both the applicant and the surrounding businesses.” At the October 14, 2024, Planning Commission meeting, the Planning Commission reviewed the call for review and upheld the Zoning Administrator’s approval. On October 20, 2024, an “application for review” of the Planning Commission’s decision upholding the approval was submitted by City Councilmember Harper.

Figure 1 – Location Map

Public Comments

Two public comment letters were submitted and considered by the Zoning Administrator for the May 28, 2024, decision date: both letters indicating project opposition. After reviewing these letters, Planning Division staff informed the applicant of these neighbor issues and the applicant attempted to reach out to the neighbors in order to resolve potential concerns.

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Item #: 25-134 Meeting Date: 01/21/2025

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Outdoor Dining Ordinance

On January 16, 2024, the City Council determined that outdoor dining promotes private and public economic interests, creates a community oriented and pedestrian friendly dining environment, and adopted ordinance modifications that encourage existing and new food and beverage serving establishments to offer outdoor dining. Pursuant to provisions of the Costa Mesa Municipal Code (CMMC) dealing with parking, Section 13-89, “outdoor seating areas shall not be included in the floor area calculations for the purposes of determining the required parking.” Therefore, the proposed new outdoor seating area is exempted from the requirement of parking.

AB 2097

Additionally, the project location is subject to Assembly Bill 2097 (AB 2097), which was signed into law by Governor Newsom and became effective on January 1, 2023. The primary objective of this legislation is to restrict local governments from imposing parking regulations on commercial and residential projects that are located within 0.5 miles of a “major transit location.” AB 2097 defines a “major transit location” as an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Pursu ant to the “Costa Mesa SCAG
Data/Map Book”, the subject site is located within 0.5 miles of a major transit location (bus route intersection) and is therefore exempted from the requirement to provide additional parking pursuant to State law.

ANALYSIS:

The applicant is requesting to permit outdoor dining, allow the construct ion of a new outdoor patio structure, which includes the elimination of two of the three onsite parking spaces, expand the hours of operation for service of alcoholic beverages, and allow live entertainment indoors and outdoors within the proposed new patio area. See Figure 2 – Site Plan, below. The project proposes an increase in the restaurant customer serving area of approximately 800 square feet (outdoor dining area only). The proposed hours of operation are Mondays through Fridays, 5 p.m. to 2 a.m. and Saturdays and Sundays from 2 p.m. to 2 a.m. The applicant is also proposing the installation of a bike rack, and the use of 17 offsite parking spaces located at 1945 Placentia Avenue. The 1945 Placentia off-site parking is located directly behind the subject property with vehicular access from Placentia Avenue. The proposed change in hours for alcoholic beverage service, operations and new outdoor seating area requires a Minor Conditional Use Permit (MCUP) for the following:

• Establishing an outdoor dining area within an existing parking area that results in more than a 50- percent increase of public indoor area [CMMC Table 13-47(b)]; • The removal of more than 25% of existing required parking [CMMC Table 13-47(b)]; • O utdoor dining area cover/structure to encroach into a setback area [CMMC Section 13-48(a)(1)(k)]; • The sale of alcoholic beverages for on-site consumption after 11 p.m. located farther than 200 feet from a residential zone [CMMC Table 13-47(b)]; and
• To provide live entertainment after 11 p.m. located farther than 200 feet from a residential zone [CMMC Table 13-47(b)];

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A detailed description and analysis of the proposed project well as the proposed use, operations, and improvements to the property are described in the May 28, 2024, Zoning Administrator report (Attachment 7) and October 14, 2024, Planning Commission staff report (Attachment 6), linked below:

Zoning Administrator Report:
https://www.costamesaca.gov/home/showdocument?id=57109&t=638524889579825007

Planning Commission Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=6892008&GUID=D2C79D0D-9BF3-4FCE- B995-BB081059ABB1

The Planning Commission meeting minutes are also provided as an attachment to this report (Attachment 3) and the meeting video is linked below:
https://costamesa.granicus.com/player/clip/4181?meta_id=322344

Figure 2 - Site Plan

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Planning Commission Review

Following the “call for review” of the Zoning Administrator’s decision, the applicant obtained 17 offsite parking spaces that are located at 1945 Placentia Avenue for restaurant customer use while in operation. The 1945 Placentia off-site parking is located directly behind the subject property with vehicular access from Placentia Avenue. The applicant also indicated that the restaurant would provide security staff to monitor customers crossing the public right-of way from nearby businesses and request that if they have parked at other nearby businesses, they relocate their vehicles to available street parking or at 1945 Placentia Avenue before entering the premises.

Public Comments

For the October 14, 2024, Planning Commission meeting, eleven public comment letters were submitted and considered by the Planning Commission (all letters indicating project concerns/opposition). Copies of the submitted public comment letters are provided in Attachment 5. In addition, eleven public speakers (several of whom also submitted public comments) attended the Planning Commission meeting and provided further public comments.

The commenters generally stated concern for parking deficiency, noise and the proximity to residential properties. Concerns were also raised with patrons parking at off- site locations, across the street at a retail commercial center, or in residential neighborhoods.

Added Conditions of Approval

As part of their motion for approval of the project, the Planning Commission added conditions of approval to require a six-month review of the use after operation has commenced, to restrict the approved hours of operation until the six -month review is conducted, and for the applicant to work with staff and incorporate directional/wayfinding parking lot signage, directing customers to approved parking locations.

See the below conditions of approval:

Condition of Approval No. 17: The Planning Commission shall conduct a review of business operations for neighborhood compatibility issues, with particular attention given to parking impacts and noise issues, after the extended hours for alcohol sales and live entertainment have been in operation for six (6) months. The Planning Commission may modify the days and hours that alcohol sales and live entertainment are conditionally permitted at Westend, including the option to revoke this approval, based on the Planning Commission’s assessment of the facts and findings presented at the six-month review hearing.

Condition of Approval No. 18: Until the Planning Commission’s six-month review of this entitlement has concluded, Westend’s approved hours of operation for alcohol sales and live entertainment shall conclude by 11 p.m. Sunday through Thursday, and Fridays and Saturdays alcohol sales and live entertainment shall conclude by 2 a.m. Based on the final determination by the Planning Commission at the conclusion of their six -month review of this entitlement, Westend shall adjust their hours of operation for alcohol sales and live entertainment to align with the Planning Commission’s decision.

Condition of Approval No. 19: The applicant shall work with staff to incorporate directional/wayfinding parking lot signage, directing customers to approved parking locations.

By a vote of four to two, with one Commissioner absent, the Planning Commission determined it was able to make the Findings for the MCUP and Outdoor Dining Permit and conditionally approve the project by upholding the Zoning Administrator’s decision. (Planning Commission Resolution No. PC - 2024-24 approving the project is provided as Attachment 4). 365

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Call for Review

On October 20, 2024, City Council Member Harper submitted an “application for review” of the Planning Commission’s decision, which is provided as Attachment 2 to this report. As indicated by Councilmember Harper, the topics for requesting the review of the Planning Commission’s decision included the following concerns: (1) inadequate parking, (2) parking history, (3) applicant’s accessibility, (4) outdoor noise and expansion plans, (5) proximity to residents, (6) noise at late hours, and (7) parking control measures.

Below
are the Councilmembers specific “reasons for requesting review” followed by staff responses/clarification to each:

1. “ Inadequate Parking - The current parking situation is insufficient for the space. Patrons are likely to park in nearby residential neighborhoods, which are already designated as permit-only parking zones. The lack of enforcement of these parking restrictions exacerbates the problem.

Additionally, nearby establishments such as Semi -Tropic and 3- 13 Bar have been reported to misuse parking spaces designated for other businesses, creating further strain on parking resources.”

Staff Response: Pursuant to the City’s Parking Code, Section 13- 89 provides that “outdoor seating areas shall not be included in the floor area calculations for the purposes of determining the required parking. ” Therefore, the project does not require additional parking. A lso, as previously mentioned, the applicant obtained 17 offsite parking spaces that are located at 1945 Placentia Avenue for use by the restaurant while in operation. This is 14 additional parking spaces for customer use over what is currently available on- site. Lastly, State Law (AB 2097 ) precludes the City from requiring parking for the proposed expansion of use because the subject site is located within 0.5 miles of a major transit location. The proposed project is therefore exempted from the requirement to provide additional parking pursuant to State law.

2. “ Parking History - The applicant has admitted that parking has always been an issue at this location, raising concerns about their ability to effectively manage the situation, especially with nearby businesses contributing to the parking overflow.”

Staff Response: T he applicant has obtained 17 offsite parking spaces located at 1945 Placentia Avenue that are available for restaurant customer use while in operation. In addition, the Planning Commission approval included Conditions of Approval Nos. 14, 16, and 19 to address potential parking-related concerns:

Condition of Approval No. 14: On-site security shall include a minimum of three security guards with one of the three security staff stationed at the front of the restaurant checking for age identification. Restaurant security staff shall also monitor customers crossing the public right-of way from nearby businesses and request that that if they have parked at other nearby businesses that they relocate their vehicles to available street parking or at 1945 Placentia Avenue before entering the premises. The operator shall be required to provide additional on- site security if requested by the Police Department, or by the Director of Economic and Development Services Department.

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Condition of Approval No. 16: Outdoor dining areas shall not result in any customer parking offsite, (including in any adjacent commercial property parking areas, unless authorized by both property owners), with the exception of available public parking. Restaurant c ustomers shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking-related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee, including, but not limited to, reducing operating hours of the business, reducing interior or exterior seating capacities, hiring an additional employee trained in traffic control to monitor parking lot use and assist with customer parking lot circulation, and requiring employees to bike, walk or take public transit.

Condition of Approval No. 19:

The applicant shall work with staff to incorporate
directional/wayfinding parking lot signage, directing customers of approved parking locations.

3. “ Applicant’s Accessibility - By the applicant's own admission, they do not drive to this location, potentially limiting their understanding of the parking issues faced by patrons and neighbors.”

Staff Response: The applicant and the current restaurant staff generally live nearby the site and often do not drive (they either ride their bicycles or walk).

4. “Outdoor Noise and Expansion Plans - The applicant's plan to add an outdoor stage and PA system could significantly increase noise levels. Although acoustic measures could mitigate the impact, no verification or detailed analysis of these measures was provided during the planning commission meeting. This is particularly concerning given that noise complaints have already been raised against nearby establishments, which has led to citations for non-compliance.”

Staff Response: The project is conditioned to operate in compliance with the City’s Noise Ordinance, and the application included an acoustical analysis . Additionally, the Planning Commission approval included the following Conditions of Approval No. 11 and 12 to address potential noise concerns:

Condition of Approval No. 11: Noise concerns shall be addressed in a timely manner pursuant to Title 13, Chapter XIII of the Costa Mesa Municipal Code. A contact phone number shall be posted at the establishment’s entrance and outdoor dining area so any noise concerns can be reported to the business operator. Outdoor dining areas shall be subject to review by authorized City officials to ensure that noise complaints and/or potential noise ordinance violations are addressed. If necessary, modifications of the operating characteristics of outdoor dining areas may be required. If any noise complaints and/or noise ordinance violations are not adequately addressed, approvals for outdoor dining areas may be revoked at the discretion of the appropriate review authority.

Condition of Approval No. 12: Live entertainment shall conclude by 2 a.m. except as modified by Condition of Approval Nos. 17 and 18. he live entertainment may include various genres of musical performances, open mic, DJ, comedy, dance performances and live art entertainment.

The areas of entertainment shall be limited to the interior of the building and the proposed rear patio area. The live entertainment shall operate without impacting the surrounding developments and businesses. Installation of soundproofing shall occur with live entertainment pursuant to the applicant provided sound management plan. All restaurant operations, including but not limited to live entertainment shall be incompliance with the City’s Noise Ordinance standards. If the live entertainment creates off-site noise and/or other impacts, and 367

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complaints are received, the City may require that the live entertainment either be limited to the inside of the restaurant or a reduction of the hours of live entertainment. A noise study with structural and non-structural noise mitigations may also be required. The noise study will be paid by the restaurant operator under the administration of the City.

5. “ Proximity to Residents - The closest residential property is just 275 feet from the location.

Residents have raised concerns about noise disturbances, particularly with the extended operating hours until 2 a.m., which could negatively affect their quality of life.”

Staff Response: The nearest residential property is located approximately 265 feet from the subject property. The CMMC Section 13-49 provides special findings for restaurants located within 200 feet of residentially -zone property; however, does not require the same level of scrutiny for restaurant s located further than 200 feet away, such as the subject property.

However, and as previously mentioned, the Planning Commission approval included Conditions of Approval No. 11 and 12 to address potential noise concerns, and the use is subject to the City’s Noise Ordinance. Lastly, the use is located along a commercial corridor developed with other similar food and beverage establishments, operating under similar hours, with live entertainment and with outdoor dining.

6. “Noise at Late Hours - Residents may not be sufficiently protected if noise becomes an issue late at night and addressing these complaints could involve a long and burdensome process. The recent approval of a 6- month "trial period" allowing music on Fridays and Saturdays further heightens concerns about late-night disturbances, especially given past violations of COVID-19 restrictions by Westend Bar.”

Staff Response: The design of the proposed addition is intended to direct any potential noise impacts toward Placentia Avenue (away from residential). The nearest residential property is located approximately 265 feet from the subject property and the restaurant is located along a commercial corridor with other similar uses, and where the Zoning Code intends for these types of restaurant uses to operate. A s previously mentioned, the Planning Commission approval included Conditions of Approval No. 11 and 12 to address potential noise concerns, and the Costa Mesa Police Department operate during all hours and are experienced in responding to noise and nuisance calls for service.

7. “ Parking Control Limitations - The applicant has acknowledged they cannot control where patrons park, and with ongoing parking challenges in the area, this could lead to further overflow into residential neighborhoods, making the situation unmanageable for both businesses and residents.”

Staff Response: The Planning Commission approval included Conditions of Approval Nos. 14, 16, and 19 to address potential parking-related concerns. Specifically, Condition of Approval No. 16 requires that “customers shall not park in adjacent residential areas or on residential streets.”

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City Council “De Novo” Hearing

Pursuant to CMMC Chapter 9, Appeal and Review Procedures, the City Council shall conduct a new or “de novo” review of the matter. The City Council may exercise its independent judgement and discretion in making a decision, and the call for review hearing is not limited to the grounds stated for the review or the evidence that was previously presented to the Planning Commission and Zoning Administrator. The City Council’s decision on the matter is the final decision.

Findings and Review Criteria

Pursuant to the CMMC, approval of each of the project’s applications must be based on evidence in the administrative record that substantially supports the following applicable review criteria and findings:

CMMC Section 13-29 (e) Review Criteria:

• Compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood.

• Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation.

• Compliance with any performance standards as prescribed elsewhere in the Zoning Code.

• Consistency with the general plan and any applicable specific plan; and

• The planning application is for a project-specific case and is not to be constructed to be setting a precedent for future development.

CMMC Section 13-29 (g)(2) Minor Conditional Use Permit Findings:

• The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.

• Granting the conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood; and

• Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.

Staff has attached a draft City Council resolution (Attachment 1) for approval based on the Planning Commission’s decision on October 14, 2024. Notwithstanding this, should the City Council determine to overturn the Planning Commission’s decision, staff requests that the City Council articulate its reasons for denial based on the required findings.

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ENVIRONMENTAL DETERMINATION:

If the City Council decides to uphold the Planning Commission decision and approve the application, the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3), New Construction and Conversion of Small Structures. This project site contains an existing commercial building that has been used for a restaurant use, and the application does not propose a change in use. The project is consistent with the applicable General Plan land use designation and policies as well as with the applicable zoning designation and
regulations. Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines section 15300.2 applies. Specifically, the project would not result in a significant cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.

Alternatively, if the City Council determines that the required applicable CMMC findings cannot be made to approve the project, CEQA Guidelines section 15270 statutorily exempts projects that a public agency rejects or disapproves.

ALTERNATIVES:

The City Council has the following alternatives:

• Uphold the Planning Commission’s decision and adopt a resolution to approve Minor Conditional Use Permit and Outdoor Dining Permit; or

• Uphold the Planning Commission’s decision with modifications and adopt a resolution to approve Minor Conditional Use Permit and Outdoor Dining Permit; or

• Overturn the Planning Commission’s decision and adopt a Resolution to deny Minor Conditional Use Permit and Outdoor Dining Permit; or

• Remand Minor Conditional Use Permit and Outdoor Dining Permit back to the Planning Commission to reconsider the matter based on specific City Council direction.

FISCAL REVIEW:

There are no fiscal impacts associated with this agenda item.

LEGAL REVIEW:

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

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PUBLIC NOTICE:

Pursuant to Title 13, Section 13- 29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:

1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500- foot radius of the project site on Wednesday, January 8, 2025. The required notice radius is measured from the external boundaries of the property.

2. On-site posting. A public notice was posted on each street frontage of the project site on Friday, January 10, 2025.

3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper on Friday, January 10, 2025.

Any public comments received prior to the January 21, 2025, City Council meeting, may be viewed at this link: CITY OF COSTA MESA - Calendar (legistar.com)

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

The subject review is intended to provide the City Council with an opportunity to review the Planning Commission’s decision of a project to permit outdoor dining and construct a new outdoor patio structure, expand the hours of operation for service of alcoholic beverages, and to allow for live entertainment at an existing food and beverage establishment (Westend).

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Resolution No. 2025-xx Page 1 of 11

RESOLUTION NO. 2025-xx

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

CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF A MINOR CONDITIONAL USE PERMIT AND OUTDOOR DINING PERMIT (PODA -24- 0001 AND PMCP-24-0008) AT 814 WEST 19TH STREET (“WESTEND”)

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

WHEREAS, a Conditional Use Permit and Outdoor Dining Permit was filed by Tyler Hertzske/Roland Barrera, authorized agent for the property owner, Monica Chang requesting approval for outdoor dining, construction of a new outdoor patio structure, expanding the hours of operation for service of alcoholic beverages, and to allow for live entertainment at an existing food and beverage establishment.

WHEREAS, a Notice of Zoning Administrator approval was provided pursuant to the Costa Mesa Municipal Code Section 13-29(d);
WHEREAS, the project was called up for review by Council Member Harper on May 30, 2024;
WHEREAS, a duly noticed public hearing was held by the Plann ing Commission on October 14, 2024 with all persons having the opportunity to speak for and against the proposal;
WHEREAS, the Planning Commission upheld the Zoning Administrator approval on a vote of four to two (with one Commissioner absent) of the proj ect and added further conditions of approval;
WHEREAS, the project was called up for review by Council Member Harper on October 20, 2024;
WHEREAS, a duly noticed public hearing held by the City Council on January 21, 2025 with all persons having the opportunity to speak for and against the proposal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (Class 3), for new construc tion and conversion of small structures.

WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.

ATTACHMENT 1
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

BE IT R ESOLVED that based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby approves Minor Conditional Use Permit and Outdoor Dining Permit (PODA -24-0001 and PMCP -24-0008) with respect to the property described above.

BE IT RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.

BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report and upon applicant’s compliance with each and all of the conditions in Exhibit B, and compliance with all applicable federal, State, and local laws.

Any approval granted by this resolution shall be subject to review, modifi cation, or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval.

BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.

PASSED AND ADOPTED this 21st day of January, 2025.

_____________________________
John Stephens, Mayor

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Resolution No. 2025-xx Page 3 of 11

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 N o. 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 21st day of January, 2025, 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 22nd day of January, 2025.

___________________________
Brenda Green, City Clerk
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EXHIBIT A

FINDINGS

A. The proposed project complies with C osta Mesa Municipal Code Section 13 - 29(g)(2) because:

Finding: “The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area”.

Facts in Support of Findings: The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. The use is located along a commercial corridor developed with other similar food and beverage establishments, operating under similar hours, with live entertainment and with outdoor dining. In addit ion, the use is surrounded by other commercial properties to the east, west and south, and industrial properties to the north.

The nearest residential property is located approximately 265 feet from the subject property. The project is conditioned to operate in compliance with the City’s Noise Ordinance. The applicant also has an agreement with an adjacent industrial property to provide parking.

Finding: “Granting the minor conditional use permit will not be materially detrimental to the health, safety an d general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood”.

Facts in Support of Findings: The proposed development complies with the City’s development standards and other requirements, such as ADA requirements. Compliance with the applicable Building, Fire Safety and Health Codes will also ensure that the project is no t materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvement s within the immediate neighborhood. Additionally, the proposed outdoor dining areas have been conditioned to comply with the development standards for all outdoor dining areas per CMMC Section 13 - 48(a)(1) and the City’s noise ordinance. On -site security and additional parking will also be provided.

Finding: “Granting the minor conditional use permit will not allow a use, densi ty or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property”.

Facts in Support of Findings: Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation. The site has a General Plan designation of 375
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General Commercial, which is intended to permit a wide range of commercial uses that serve both local and regional needs. Appropriate uses include smaller retail s tores, theaters, restaurants, hotels and motels, and automobile sales and service establishments. As such, the proposed restaurant operations and use are anticipated by General Plan designation.

Lastly, the City Council recently determined that outdoor din ing promotes private and public economic interests, creates a community oriented and pedestrian friendly dining environment, and adopted ordinance modifications that encourage existing and new food and beverage serving establishments to offer outdoor dining.

B. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQ A Guidelines Section 15303 (Class 3), New Construction and Conversion of Small Structures. This project site contains an exist ing commercial building that has been used for a restaurant use, and the application does not propose a change in use. The project is consistent with the applicable General Plan land use designation and policies as well as with the applicable zoning design ation and regulations. Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a significant cumulative impact; would not hav e a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.

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EXHIBIT B

CONDITIONS OF APPROVAL (PODA-24-0001 & PMCP-24-0008)

Plng. 1. The use shall be limited to the type of operation described in the staff reports. The approved hours of operation are Mondays through Fridays, 5 PM to 2 AM and Saturdays and Sundays from 2 PM to 2 AM. Any change in the op erational characteristics shall be subject to Planning Division review and may require an amendment to the Minor Conditional Use Permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13 -29(o)].

2. The applicant s hall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, legal action, or proceeding (collectively referred to as “proceeding”) brought against the City, its elected and appoint ed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant’s project, or any ap proval granted by City related to the applicant’s project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant’s obligation to indemnify the City for all the City’s cos ts, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall h ave the right to choose its own legal counsel to represent the City’s interests, and applicant shall indemnify City for all such costs incurred by City.

3. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied.

4. Any change in the operational characteristics of the use shall be subject to Planning Division review and may require an amendment to the minor conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change.

5. Outdoor dining areas shall be maintained in good condition, kept clean and shall not result in conditions which are harmful or injurious to the public health, safety and welfare.

6. Outdoor dining areas shall be removed, and the areas returned to 377
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previous conditions if the corresponding food and beverage establishment is replaced by a non -food and beverage establishment , or if the outdoor dining area is no longer in use.

7. Outdoor dining areas and their corresponding restaurant shall comply with all applicable Building and Fire Safety code requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 at the time of their construction.

8. All outdoor dining areas shall observe State and local health guidelines for restaurants.

9. Any service of alcoholic beverages in outdoor dining areas shall be subject to approval by the California D epartment of Alcoholic Beverage Control and shall adhere to all requirements and standards implemented by said State agency.

10. All proposed outdoor dining structures and improvements shall be subject to Fire and Building Department approval.

11. Noise concerns shall be addressed in a timely manner pursuant to Title 13, Chapter XIII of the Costa Mesa Municipal Code. A contact phone number shall be posted at the establishment’s entrance and outdoor dining area so any noise concerns can be reported to the busi ness operator. Outdoor dining areas shall be subject to review by authorized City officials to ensure that noise complaints and/or potential noise ordinance violations are addressed. If necessary, modifications of the operating characteristics of outdoor d ining areas may be required. If any noise complaints and/or noise ordinance violations are not adequately addressed, approvals for outdoor dining areas may be revoked at the discretion of the appropriate review authority.

12. Live entertainment shall conclude by 2 AM except as set forth in Condition of Approval Nos. 17 and 18. The live entertainment may include various genres of musical performances, open mic, DJ, comedy, dance performances and live art entertainment. The areas of entertainment shall be limited to the interior of the building and the proposed rear patio area.

The live entertainment shall operate without impacting the surrounding developments and businesses. Installation of soundproofing shall occur with live entertainment pursuant to the appl icant provided sound management plan. All restaurant operations, including but not limited to live entertainment shall be incompliance with the City’s Noise Ordinance standards. If the live entertainment creates off -site noise and/or other impacts, and complaints are received, the City may require that th e live entertainment either be limited to the inside of the restaurant or a reduction of the hours of live entertainment. A noise study with structural and non -structural noise mitigations may also be requi red.

The noise study will be paid by the restaurant operator under the administration of the City.

13. All sales and service staff (within 90 days of hire) shall complete 378
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Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request.

14. On-site security shall include a minimum of three security guards with one of the three security staff stationed at the front of the restaurant checking f or a ge identification. R estaurant security staff shall also monitor customers crossing the public right -of way from nearby businesses and request that that if they have parked at other nearb y businesses that they relocate their vehicles to available street parking or at 1945 Placentia Avenue before entering the premises. The operator shall be required to provide addit ional on-site security if requested by the Police Department, or by the Dire ctor of Economic and Development Services Department.

15. Landscaping s hall be installed around out door dining areas to the greatest extent possible.

16. Outdoor dining areas shall not result in any customer parking offsite, (including in any adjacent commer cial property parking areas, unless authorized by both property owners), with the exception of available public parking. Customer parking shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking - related problems arise, the business operator shall institute appropriate operational measures necessary t o minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee, including, but not limite d to, reducing operating hours of the business, re ducing interior or exterior seating capacities, hiring an additional employee trained in traffic control to monitor parking lot us e and assist with customer parking lot circulation, and/or requiring employe es to bike, walk or take public transit.

PC 17. The Planning Commiss ion shall conduct a review of bu siness operations for neighborhood compatibility issues, with particular attention given to parking impacts and noise issues, after the extended hours for alc ohol sales and live entertainment have been in ope ration for six (6) months. The Planning Commission may modify the days and hours that alcohol sales and live entertainment are con ditionally permitted at Westend, including the option to revoke this approva l, based on the Planning Commission’s assessment of the facts and findings presented at the six-month review hearing.

18. Until the Planning Commission’s six-month review of this entitlement has concluded, Westend’s approved hours of operation for alcohol sales and live entertainment shall conclude by 11 p.m. Sunday through Thursday, and Fridays and Saturdays alcohol sales and live entertainment shall conclude by 2 a.m. Based on the final determination by the Planning 379
Resolution No. 2025-xx Page 9 of 11

Commission at the conclusion of thei r six -month review of this entitlement, Westend shall adjust their ho urs of operation for alcohol sales and live entertainment to align with the Planning Commission’s decision.

19. The applicant shall work with staff to incorporate directional / wayfinding parking lot signage, directing customers of approved parking locations.

CODE REQUIREMENTS

The following list of State and local laws applicable to the project has be en compiled by staff for the applicant’s reference. Any reference to “City” pertains to the City of Costa Mesa. The applicant is also required to comply with any other applicable State and local laws not provided below.

Plng. 1. Approval of the planning/zoning application is valid for two years from the effective date of this approval and w ill expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has com menced, and has continued to maintain a valid building permit by making satisfactory p rogress as determined by the Building Official, 2) a certificate of o ccupancy has been issued, or 3) the use is established and a business license has been issued. A time exte nsion can be requested no less than 30 days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180-days subject to specific findings listed in Title 13, Section 13- 29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority.

2. Hours of construction shall comply with Section 13-279, Title 13, of the Costa Mesa Municipal Code.

3. Street address sh all be visible from the public street. The street address may be displayed on the fasc ia adjacent to the main entrance or on another prominent location. Numerals shall be a minimum twelve (12) inches in height with not less than three -fourth-inch stroke and shall contrast sharply with the background.

4. Any mechanical equipment such as air -conditioning equipment and duct work sh all be screened from view in a manner approved by the Planning Division.

5. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform to City standards.

6. Vehicle standing, loading and unloading shall be conducted so as not 380
Resolution No. 2025-xx Page 10 of 11

to inter fere with normal use of streets, sidewalks, driveways and on - site parking.

7. No vehicle loading area shall encroach into a required building setback along a public right-of-way.

Bldg. 8. Comply with the require ments of the following adopted codes: 2022 California Residential Code, 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Green Building Standards Code and 2022 California Energy Code (or the applicable adopt ed, California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) a nd California Code of Regulations also known as the California Building Standards Co de, as amended by the City of Costa Mesa. Requirements for accessibility to sites, fac ilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2022 California Building Code.

9. The conditions of app roval and ordinance or code provisions of Outdoor Dining Application PODA -24-0001 & Minor Conditional Use Permit PMCP -24-0008 including subse quent amendments shall be blueprinted on the f ace of the site plan as part of the plan check submittal package when building permits are necessary.

10. Plans shall be prepared by a California licensed Architect or Eng ineer.

Plans shall be wet stamped and signed by the licensed Architect or Engineer prior to the issuance of building permits.

11. Provide a plan to the Cou nty of Orange Health Department for review and approval.

12. Due to added seating the number of plumbing f ixtures shall comply with the 2019 California Plumbing Code Section 422.1 and Tab le 422.1.

Fire 13. A complete plan submittal and permit shall be required, in accordan ce with Building Code Sections CBC 105.1, CBC 105.3, and CBC 107.2.1 through 107.2.8.

14. Equipment shall comply with California Building and Fire Code requirements, includ ing, but not limited to, the requirement that equipment be approved b y a recognized testing laboratory for the specific use.

15. Comply with the requirements of the 2022 Califo rnia Fire Code, including the 2022 Intervening Update and referenced standards as amended by the City of Costa Mesa.

16. Quarterly Fire & Life Safety Inspections wil l be conducted by the Community Risk Reduction Division to verify compliance will the approval operation. The applicant will pay for the inspection according to the Additio nal Required Inspections as adopted in the Fee 381
Resolution No. 2025-xx Page 11 of 11

Schedule.

17. Annual Fi re & Life Safety Inspections will be conducted by the Fire Station Crew for emergency response pre -planning and site access familiarization. The applicant will pay for the inspection acco rding to the adopted Fee Schedule.

Bus.

Lic.

18. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspe ctions, final occupancy and utility releases will not be granted until all such licenses have been obtained.

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ATTACHMENT 5
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From: Steve Saltsman
To: PC Public Comments
Subject: 814 W 19th street business concern
Date: Wednesday, October 9, 2024 10:07:29 AM
Hello,
I am a property owner of the Vista Center in Costa Mesa. I received public notice of a business near my property at 814 W 19th St planning to construct a new outdoor patio, expanding hours, and allowing live music. I have some concerns to address relating to this notice. First, I am concerned with the
liability for people crossing the street,
especially intoxicated for fear that someone will get hit by a car. Second, people may be
parking in our lot illegally and taking possible parking spaces for our customers. Third, this may cause our center additional expenses including being forced to hire security which costs are substantial and placed unfairly on the tenants. Fourth, this expansion may cause
issues between neighboring businesses. Finally, if this is approved, it will most like cause other businesses to have the same request.

Thank you for your attention to this matter.

Sincerely,
Steve Saltsman
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. -1-
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422
From: RODRIGUES, BILL
To: PARTIDA, ANNA
Subject: FW: Application NO.: PODA-24-0001 & PMCP-24-0008 Date: Thursday, October 10, 2024 9:12:27 AM
Dear Planning Department,
I hope this message finds you well. My name is Leila Lester, and I am the property manager for Vista Center. I am reaching out regarding Application No. PODA-24-0001 & PMCP-24-0008, which seeks approval for the expansion of outdoor dining and extended hours of operation at a nearby establishment.

We have significant concerns regarding this application, and I would like to bring them to your attention for consideration:

Currently, we are facing persistent issues with customers from neighboring restaurants and bars parking in our private lot. Despite multiple conversations with the managers of these businesses, we frequently have to resort to towing unauthorized vehicles, often causing a large group of patrons to rush back and move their cars. This creates a hazardous situation where individuals, in their urgency, may cross the street unsafely, increasing the risk of accidents—something we feel could become a liability issue.

Given that the surrounding streets are largely permit-only and parking is already extremely limited, we question where these additional patrons, as well as the employees, will be expected to park should the proposed expansion be approved. Without adequate parking solutions, we fear the burden will continue to fall on our property, adding to our operational expenses and exposing us to greater risks.

We understand the Planning Department’s role in making informed decisions, and we trust your expertise in addressing these kinds of concerns. We respectfully request that you consider the impact on established businesses like ours, which may face undue hardship if this application is approved without a viable plan for mitigating these issues.

Again to reiterate our concerns:

CONCERNS:
· liability for people crossing the street, especially intoxicated. Fear that someone will get hit by a car
· parking in our lot illegally, taking parking spaces for our customers · causing the center additional expenses including being forced to hire security which costs are substantial and placed unfairly on the tenants
· causing issues between neighboring businesses
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· approval will most like cause other businesses to have the same request
We would greatly appreciate your help in ensuring that you protect the current established businesses.

Thank you for your time and consideration.

- Regards,
Leila Lester
Executive Property Manager
L&M Coastal Property Management, Inc
1810 Newport Blvd Suite C, Costa Mesa, CA 92627
O: 949-646-3679
Schedule a Meeting | Click Here
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CONFIDENTIALITY NOTICE | The email message contains confidential and proprietary information, including all attachments (if any) to this email even if such attachments are not separately marked as confidential and/or proprietary. Such information is exclusively for the addressee(s) and no others, unless and to the extent expressly stated above to the contrary. If the recipient of this email is not the addressee, such recipient is prohibited from reading or using this message in any way. If you have received this message by mistake, please call us immediately and destroy the email message and all attachments.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. -3-
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From: Laura M. Van de Merghel
To: ERETH, ADAM; TOLER, RUSSELL; KLEPACK, KAREN; ZICH, JON; ROJAS, JOHNNY; VALLARTA, ANGELY; MARTINEZ, DAVID; DRAPKIN, SCOTT
Cc: REYNOLDS, ARLIS; STEPHENS, JOHN; ARIOS, JUSTIN
Subject: [SPAM] Item #3: Call to Review Zoning Administer Approval of A 24-380 Minor Conditional Use Permit and Outdoor Dining Permit (PODA-24-0001 and PMCP-24-0008) at 814 West 19th Street (“Westend”) Date: Monday, October 14, 2024 1:42:54 PM
Dear Planning Commissioners,
My husband, children and I reside at 1914

Federal Avenue in Costa Mesa.

As a resident of the Freedom

Homes/Canyon Park neighborhood near
Westend I am concerned about parking, safety, and noise from the

proposed conditional use permit and I request you deny this application.

We live 4 houses down on Federal Avenue. Since the discontinuation of permitted

parking on

Federal Avenue we

have patrons from Semi Tropic
Wines, Three-13, Garibaldi de Noche, and the Wayfarer

regularly parking
on Federal Avenue. Patrons from these bars park behind our home in the

spaces behind Hurley along the Mesa Water District's alley access to

the water district. The current lack of parking is a problem. Having Westend's conditional use permit approved will only make the existing parking problem worse, impacting homeowners and residents in the neighborhood, specifically on Federal Avenue.

We regularly have loud talkers and argumentative patrons less than 50 feet from our bedroom windows. Patrons park in the alley behind Hurley.

For patrons parking on the street it's equally loud for us. It's difficult if not impossible to sleep with the windows open and all of the existing noise from Three-13, The Wayfarer, Garibaldi

de Noche, and Semi Tropic Wines.

It's not only the parking, the loud talkers and arguments, crowd noise it's also the live

music coming from these locations.

Beyond noise we

have a larger safety concern. In our neighborhood we do not have sidewalks. Having

people who were drinking at the
nearby

establishments and driving in our neighborhood poses a
safety

concern. As someone who walks daily in the neighborhood it can get dicey. Driving on 19th street is very stressful as patrons dart back and forth on 19th street.

The permit states that Westend will secure parking off site on Placentia.

How about the people who don't want to pay a valet to park their car? They will end up parking in the neighborhood impacting residents.

There is no reason for the City to allow this conditional use permit. Parking on 19th street is beyond impacted and overflowing into the surrounding neighborhoods, live music is available at the Wayfarer, and allowing live music at Westend will be detrimental to the surrounding neighborhood. -14-
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This has been an issue for decades on Federal Avenue.

Please do not approve Westend's request for a conditional use permit.

Sincerely,
Laura Van de Merghel, Costa Mesa Resident
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. -15-
433
From: Justin Suitor
To: [email protected]; ARIOS, JUSTIN
Date: Monday, October 14, 2024 6:08:18 PM
My name is Justin Suitor, and I am the Owner and Operator of The Wayfarer in Costa Mesa.

Located at 843 W 19th St. The Wayfarer is a tenant in the Vista Center. We have been made aware of the request to expand operating hours and outdoor dining for the business across 19th St., West End. It is very concerning to think about this application being approved.

The Vista Center is already inundated with customers parking in our lot for unrelated business from West End and the other businesses beside them. So much so, that on most nights customers for the Wayfarer cannot find parking in our own lot. As it is full of patrons to other businesses that do not have rights to park in the Vista Center.

The constant cross traffic of pedestrians crossing 19th street is alarming and dangerous. This application's approval

would increase and intensify the frequency

of patrons crossing

the
street. Mostly intoxicated.

As a business owner, I can respect the request by West End to obtain approval for what it is currently and already been doing. But this approval would demoralize all who seek to follow the rules and respect the neighboring business and community. It would also potentially send a signal to others that they too can apply for expansions to their scope of business not supported

by the infrastructure provided by what their leased or owned

properties can afford
them within the confines of the law.

I trust in the expertise of the planning department in determining the proper outcome for all involved. I hope that these concerns for public safety will be reviewed, and the rights of the Vista Center tenants will be protected and upheld.

Thank you for your time and consideration,
Justin Suitor
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. -16-
434
From: ARIOS, JUSTIN
To: ARIOS, JUSTIN
Subject: FW: Vista center
Date: Tuesday, October 15, 2024 8:21:55 AM
-----Original Message-----
From: Courtney Suitor <[email protected]>
Sent: Monday, October 14, 2024 6:20 PM
To: CITY CLERK <[email protected]>
Subject: Vista center
Hello
I’m writing in regards to the public hearing for an entertainment permit on 19th street across the street from vista center. I own a grandfathered music venue that has been at the same location for over 20 years. A competing music venue across the street would not only be detrimental to our business but would also impact our already very limited parking. Our landlord would be forced to hire parking lot security that would then be charged back to myself and other tenants. Additionally most neighborhood complaints we’ve historically received have been from parking overflowing into residential areas and the trash left behind. Our parking lot is also across a busy and poor lit street which would pose additional danger to customers crossing without a cross walk.

My husband and i just took over this venue last year and have spent time and money to bring it back to the standard it was known for years ago and all of our work and money would be severely impacted by the same exact business opening so close to our longstanding location.

Thank you for taking the time to read this.

Sincerely,
Courtney Suitor
Owner of the wayfarer
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
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From: PARTIDA, ANNA
Subject: FW: Fwd: Comments from owners of Hong Kong Express (819 W 19th St) Date: Monday, October 14, 2024 8:53:18 PM

From:
[email protected] <[email protected]>
Sent: Monday, October 14, 2024 8:52 PM
To: PARTIDA, ANNA <[email protected]>
Subject: Fw: Fwd: Comments from owners of Hong Kong Express (819 W 19th St)

Sent from the all new AOL app for iOS

Begin forwarded message:

On Monday, October 14, 2024, 4:53 PM, McVay, Andrew <[email protected]> wrote:

John,

Ana and Anthony Sun the owners of the Hong Kong Express business in the shopping center (specifically 819 W 19th St) emailed the following message to the Planning Commision this afternoon.

Anthony was originally going to attend the meeting this evening but Ana isn't feeling well so he needed to go home to take care of their infant baby (< than a year old).

If their email isn't read into the public record at the meeting this evening maybe you could go ahead and read it in their place (with full attribution to them of course).

I called and left a message for Gil but have not heard back from him.

Thank you.

Andy

---------- Forwarded message ---------
From:

Annna <[email protected]>
Date: Mon, Oct 14, 2024 at 3:48 PM
Subject: Comments from owners of Hong kong Express
To: <[email protected]
>

Good Afternoon,
Thank you for sharing the notice regarding the upcoming public hearing related to the -18-
436
proposed bar/restaurant across 19th St. We appreciate the opportunity to voice our concerns as business owners in the area.

Concerns:

1.Safety Liability: With increased outdoor dining and extended hours, we are worried about the safety of patrons crossing the street, especially intoxicated individuals. There is a serious risk of accidents, potentially resulting in severe injuries or fatalities.

2.Parking Issues: The elimination of parking spaces to accommodate this expansion could lead to illegal parking in our lot, directly impacting our customers’ ability to find parking.

3.Business Relations: The changes could foster tension between neighboring businesses as parking and access become more limited.

4.Precedent for Other Requests: Approval of this request may set a precedent, encouraging other businesses to seek similar expansions while reducing available parking, further exacerbating the issues we already face.

In the end, we hope the changes will lead to better development, but this depends on taking all these issues into consideration. Only by properly addressing the potential problems can we avoid possible troubles in the future.

Thank you and best Regard,

Ana Sun & Anthony Sun

PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: October 14, 2024 ITEM NUMBER: PH-3
SUBJECT: CALL TO REVIEW ZONING ADMINISTRATOR APPROVAL OF A

MINOR CONDITIONAL USE PERMIT AND OUTDOOR DINING PERMIT
(PODA-24-0001 AND PMCP-24-0008) AT 814 WEST 19TH STREET (“WESTEND”)
FROM: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT /

PLANNING DIVISION
PRESENTATION BY: JUSTIN ARIOS, ASSOCIATE PLANNER

FOR FURTHER

INFORMATION
CONTACT:

JUSTIN ARIOS
714-754-5667
[email protected]

RECOMMENDATION
S
taff recommends the Planning Commission adopt a Resolution to:

1. F
ind that the pr oject is categorically exempt from the provisions of the Californi a Environmental Quality Act (CEQA) p er CEQA Guidelines Secti on 153 03 (Class 3) New Construction and Conversion of Small Structures; and

2. U
phold the Zoning Administrator conditional approval of Minor Conditional Use Permit and Outdoor Dining Permit ( PODA-24-0001 and PMCP -24-0008) at 814 West 19th Street (“Westend”) by adopting the attached Resolution.

APPLICANT OR AUTHORIZED AGENT
T
he authorized agent is Tyler Hertzske / Roland Barrera, representing the property owner, Monica Chang.

ATTACHMENT 6
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PLANNING APPLICATION SUMMARY

Location 814 West 19th Street Application Number PODA-24-0001 & PMCP-24-0008
Request Zoning Applications PODA -24-0001 and PMCP -24-0008 request approvals of a Minor Conditional Use Permit and Outdoor Dining Permit to expand the existing Westend Restaurant’s public service area outdoors within the front of the building and parking lot area, to allow sales of alcohol for onsite consumption after 1 1 p.m. and allow live entertainment and dancing more than 200 feet from a residential zone.

CEQA Exempt per CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures
Final Action Zoning Administrator

SUBJECT PROPERTY
Zoning District C1 (Local Business District)
General Plan
Land Use Designation
General Commercial
Lot Dimensions 35 FT x 107.5 FT
Lot Area 3,762.5 SF
List of Approved Plans /
Land Use Entitlements
19 West Urban Plan
Existing Development An existing 1,034-square-foot building with 101-square-foot front patio area and 296-square-foot rear patio occupied by a food and beverage establishment (Westend).

SURROUNDING PROPERTY
Zoning District General Plan
Land Use Designation
Existing Development
North MG (General Industrial) Light Industrial Industrial Uses East C1 (Local Business) General Commercial Commercial Uses South
(Across W. 19th Street)
C1 (Local Business) General Commercial Commercial Uses
West C1 (Local Business) General Commercial Commercial Uses

Development Standard Required / Allowed
C1 Zone
Provided / Proposed
Building Height 2 stories / 30’ 1 story / 16’
Setbacks
Front 20’ 10’ 2” 1
Side (left / right) 0’ / 15’ 0’ / 12’ 2
Rear 0’ 30’ 5”
Parking 4 spaces 3 1 spaces 4
18 spaces (with private off-
site agreement)

1 Existing, legal nonconforming front setback.
2 See staff report discussion regarding proposed outdoor dining area covers/structures encroachment [CMMC Section 13-48(a)(1)(k)].
3 Parking at 4 per 1,000 sq. ft. ratio for 1,034 sq. ft. building (outdoor dining area does not require additional parking (see Parking discussion below)
4 Proposed parking includes a bike rack credit of one space. Parking for the commercial use is legal non-conforming.

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EXECUTIVE SUMMARY

On May 28, 2024, the City’s Zoning Administrator approved a project to permit outdoor dining and construct a new outdoor patio structure, expand the hours of operation for service of alcoholic beverages, and to allow for live entertainment at an existing food and beverage establishment (Westend). A thorough description and analysis of the projec t request is included in the attached May 28, 2024, Zoning Administrator report (Attachment 3).

On May 30, 2024, Council Member Harper submitted an “application for review” of the approval to be considered by the P lanning Commission. The Council Member was concerned specifically about “adequate parking for both the applicant and the surrounding businesses”. (See Attachment 2.)

SETTING

The project site is located along the north side of West 19th Street between Federal Avenue and Placentia Avenue. The property is zoned C1 (Local Business District) and has a General Plan land use designation of “General Commercial”. Pursuant to the CMMC, the C1 “District is intended to meet the local business needs of the community by providing a wide range of goods and services in a variety of locations throughout the City.”

Physical on -site improv ements include an existing 1,034 -square-foot building with an approximate 175 square-foot front courtyard area. The property obtains access from a narrow on-site driveway that connects a three-car surface parking lot located at the rear of the property with West 19
th Street. The project site is surrounded by commercially zoned properties to the south (across West 19th Street), east and west; and by industrially zoned properties to the north (along Placentia Avenue). Several existing eating and drinking establishments are located nearby and on both sides of the subject property.

Image 1 – Current Site Street View

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BACKGROUND

The existing use, Westend, was approv ed administratively with a business license to replace an existing food and beverage serving establis hment in 2017 (“Big Belly Deli”).

The business license for Westend was originally approved as a coffee/café eater y with beer and wine, as well as antiques/retail. The approved hours of operation are from 6 a.m. to 11 p.m., with a maximum of 300 square feet of public seating area.

Appeal and Call to Review Procedures
Costa Mesa Municipal Code (CMMC) Title 2 Chapter IX stipulates the City’s appeal and review procedures. The CMMC allows any affected or interested person to appeal a project within specified periods and also allows City Council members to call projects up for review. In this case, the project approval included a seven- day appeal period. Since the Zoning Administrator approved the project, pursuant to the CMMC, the call to review decision shall be made by the Planning Commission.

The CMMC further indicates that the Planning Commission hearing is a de novo hearing in which the Planning Commission may consider the project in its entirety. Pursuant to the de novo hearing process, the Planning Commis sion may consider all aspects of the proposed project and is not required to limit the discussion to the issues in the “ call to review” application. The CMMC also stipulates that the review hearing shall be based on any relevant evidence, submitted at the time of the prior decision and at the call for review hearing, findings, if any, and decision of the person or body whose decision is being appealed.

Pursuant to CMMC Chapter IX, Section 2- 303(6), the applicant for the original decision shall have the burden of proof to support the granting of the approval action at the appeal.

ZONING ADMINISTRATOR APPROVAL

On May 28, 2024, the Zoning Administrator approved a n entitlement at 814 West 19 th
Street (Westend) to permit outdoor dining and to construct a new outdoor patio structure, expand the hours of operation for service of alcoholic beverages, and to allow liv e entertainment. The approved hours of operation are Mondays through Fridays, 5 PM to 2 AM and Saturdays and Sundays from 2 PM to 2 AM. The project included an increase in the restaurant customer serving area of approximately 800 square feet (outdoor dining area only).

Minor Conditional Use Permit Required

The project entitlements require Zoning Administrator approval of a Minor Conditional Use Permit (MCUP) for the following aspects of the proposed project:

• For an outdoor dining area cover/structure to encroach into a setback area [CMMC Section 13-48(a)(1)(k)];
• For sale of alcoholic beverages for on-site consumption after 11 p.m. located outside 200 feet of a residential zone [CMMC Table 13-47(b)]; and • To provide live entertainment after 11 p.m. located outside 200 fe et of a residential zone [CMMC Table 13-47(b)];

Exhibit 1 – Proposed Site/Floor Plan

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Pursuant to the CMMC, the approval of an MCUP requires that the Zoning Administrator make three findings related to neighborhood compatibility, health and safety, and land use compatibility. The Zoning Administrator made the required MCUP findings as indicated below:

MCUP Finding No. 1 - “The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area”.

Zoning Administrator Finding: The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. The use is located along a commercial corridor developed with other similar food and beverage establishments, operating under similar hours , with live entertainment and with outdoor dining. In addition, the use is surrounded by other commercial properties to the east, west and south, and industrial properties t o t he north. The nearest residential property is located approximately 265 feet from the subject property. The project is conditioned to operate in compliance with the City’s Noise Ordinance. The applicant also has an agreement with an adjacent industrial property to provide parking.

MCUP Finding No. 2 – “Granting the conditional use permit or minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improv ements withi n the immediate neighborhood”.

Zoning Administrator Finding: The proposed development c omplies with the City’s development standards and other requirements, such as ADA requirements.

Compliance with the applicable Building, Fire Safety and Health Codes will also ensure that the project is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Additionally, the p roposed outdoor dini ng areas hav e been conditioned to comply with the development standards for all outdoor dining areas per CMMC Section 13 -48(a)(1) and the City’s noise ordinance. On-site security and additional parking will also be provided.

MCUP Finding No. 3 – “Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property”.

Zoning Administrator Finding: Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordanc e with the General Plan designation. The site has a General Plan designation of General Commercial, which is intended to permit a wide range of commercial uses that serve both local and regional needs. Appropriate uses include smaller retail stores, theaters, restaurants, hotels and motels, and automobile sales and service establishments.

As such, t he proposed restaurant operations and use are anticipated by General Plan designation. Lastly, the City Council recently determined that outdoor dining 443
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promotes private and public economic interests, creates a community oriented and pedestrian friendly dining environment, and adopted ordinance modifications that encourage existing and new food and beverage serving establishments to offer outdoor dining.

Project Parking Considerations and Conditions of Approval

Pursuant to the City’s Parking Ordinance, Section 13- 89, “outdoor seating areas shall not be included in the floor ar ea calculations for the purposes of determining the required parking”. Therefore, the project does not require additional parking. In addition, the CMMC Table 13- 47(b) allows with the approval of a Minor Conditional Use Permit for the removal of required parking for the development of outdoor dining areas. The applicant is proposing the removal of two of the three existing parking spaces in conjunction with the development of the rear outdoor dining area. Although not required, to compensate for the loss of these two parking spaces (pursuant to the CMMC) , the applicant has a private agreement t o utilize 17 parking spaces with the adjacent property owners of an industrial property located nearby at 1945 Placentia Avenue.

These spaces are available in that the restaurant generally operates during offset hours of the existing industrial use (evenings and weekends).

In addition, the Zoning Administrator approval included Condition of Approval No. 15 which indicates the following:

“Outdoor dining areas shall not result in any customer p arking offsite, (including in any adjacent commercial propert y parking areas, unless authorized by both property owners), with the exception of available public parking. Customer parking shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking- related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee, including, but not limited to, reduci ng operating hours of the business, reducing interior or exterior seating capacities, hiring an additional employee trained in traffic control to monitor parking lot use and assist with customer parking lot circulation, and/or requiring employees to bike, walk or take public transit”.

Lastly, Assembly Bill 2097 (AB 2097) was signed into law by Governor Newsom and became effective on January 1, 2023. The primary objective of this legislation is to restrict local governments from imposing parking regulations on commercial and residential projects that are located within 0.5 miles of a “major transit location”. AB 2097 defines major transit location as an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus ro utes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Pursuant to the “Costa Mesa SCAG Data/Map Book” (see below Exhibit 2), the subject site is located within 0.5 miles of major transit location (bus route intersection) located east of the project site at the intersection of Placentia Avenue and West 19
th Street, and therefore is exempted from required parking pursuant to State law. 444
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Exhibit 2 – Costa Mesa SCAG Data/Map Book

Applicant Response to “Call for Review” Parking Concern

The applicant has reviewed the “call for review” application and believes that the proposed outdoor dining areas will not result in on-site or offsite parking impacts. According to the applicant, the project was adequately conditioned by the Zoning Administrator to restrict customers from parking on nearby private properties pursuant to Condition of Approval No. 15), and the applicant also suggests that with the recently obtained 17 offsite parking spaces that are located at 1945 Placentia Avenue, the restaurant would be served by more parking than without the project.

In addition, the applicant has indicated that the restaurant will provide security staff to monitor customers crossing the public right-of way from nearby businesses and request that that if they have parked at other nearby businesses that they relocate their vehicles to available street parking or at 1945 Placentia Avenue before entering the premises. The applicant has suggested to staff that this additional security guard monitoring could be included as a project condition of approval by the Planning Commission.

ENVIRONMENTAL DETERMINATION:

The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3), New Construction and Conversion of Small S tructures. This project site contains an existing commercial building that has been used for a restaurant use, and the application does not propose a change in use. The project is consistent with the applicable General Plan land use designation and policies as well as with the applicable zoning designation and regulations. Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies.

Specifically, the project would not result in a significant cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.

Westend

0.5 Mile
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ALTERNATIVES:

The Planning Commission may take the following actions:

1. Uphold the Zoning Administrator’s decision and approve the project;

2. Approve the project, subject to conditions of approval such as adding specific conditions to avoid/reduce neighboring parking impacts; or

3. Reverse the Zoning Administrator’s decision and deny the project.

LEGAL REVIEW:

The City Attorney has reviewed the draft resolution and has approved it as to form.

PUBLIC NOTICE:

Section 2-308 of the Costa Mesa Municipal Code requires that the notice of the hearing for an appeal or review shall be given in the same manner as any required notice for the hearing at which the decision subject to the appeal or review was made. In all cases for the hearing for an appeal or review, written notice of the date, time, and place shall be given to the original applicant, if any, any prior applicant for appeal regarding the same matter, and for appeals the person requesting the current appeal.

Mailed notice has been provided at least 10 days in advance of the hearing to the immediately adjacent residences (which were also originally notified of the Zoning Approval Administrator notice), and both the applicant and Councilmember Harper have been notified.

As of the date of this report, no written public comments have been received. Any public comments received prior to the October 14, 2024, Planning Commission meeting will be provided separately.

CONCLUSION:

The Planning Commission should consider the “call for review” request, and specifically consider t he project impact to on/off-site parking. As noted in this staff report, the applicant’s proposal is in compliance with the City’s outdoor dining standards, including being exempted from the requirement of parking. In addition, t he site is exempt from required parking based on its proximity to a major transit location pursuant to AB 2097.

Further, the applicant has obtained permission for custom er use of 1 7 offsite near by parking spaces, and the project is conditioned ( Condition No.15) to prevent customers from parking offsite, with the exception of available on-street and other public parking areas. Lastly, in response to the “call for review” the applicant has offered to require that restaurant staff security monitor customers crossing the public right-of way from nearby businesses and request that that if they have parked at other nearby businesses that they relocate their vehicles to available street parking or at 1945 Placentia Avenue before entering the premises.

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Westend Background
Westend was previously the Big Belly Deli up until May 1st of 2017 and was transformed into Westend months later and is in its 5th year in business taking the 2021 Year oﬀ as it pursued an oﬀsite parking agreement. The business was acquired, polished and created into a unique and hip southern and latin inspired artists cafe, bar & kitchen. Our mission is to continue to establish a cultured experience through a creative and premium classic southern and latin cafe style dishes and a classic cocktail menu with visually stimulating historic imagery, art, and architecture. We would like to legally include increased outdoor seated capacity, extended hours and an eclectic mix of national and localized live entertainment and set to reopen in mid 2022.

Proposed Extended Business Hours
• 5p.m. to 2a.m. Monday thru Friday
• 2p.m. to 2a.m. Saturday thru Sunday
Extending our services until 2am ensures our mom and pop the opportunity to succeed in one of the most challenging businesses and economic climate.

Westend would like to oﬀer a multitude of genres and performance art to compliment its diners and locals alike. Proposed live entertainment & genres:
• Jazz

• Blues

• Rock & Roll

• Punk

• Dance

• Pop

• Soul

• R& B

• Hip Hop

• Metal

• Open Mic

• Comedy

• Dance Performances & Live Art.

Entertainment hours of ops will reﬂect the proposed extended business hours of 5p.m. to 2a.m. Monday thru Friday, Saturday & Sunday 2p.m. to 2a.m..

ATTACHMENT 8
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469
Bio’s
Tyler Hertzske - Co founder of Westend. Mr. Hertzske is and has been an international touring artist since 2008. He has toured and worked with the largest artists on the globe. From Ariana Grandes 2017 to late 2019 Sweetener Tour to the Lady Gaga’s Las Vegas residency, and currently production tour managing Lizzo. Mr. Hertzske has larger scale production and expertise in the live entertainment game. Mr. Hertzske currently is a homeowner and lives in Costa Mesa, CA
Pat Lloyd - Westend Partner. Mr. Lloyd was one of the early adopters to the Volcom family where he was the head of Sales for all Latin America and currently ended his 20 Year stint in early 2021. Mr. Lloyd has moved on with the same position at Columbia Apparel. Mr. Lloyd has lived in Costa Mesa, CA as a homeowner for the past two decades and splits his time between Oregon and CA.

Roland Barrera - Co Founder of Westend. Mr. Barrera is a building contractor and night life and special events producer for the past few decades. Booking and securing acts such as Eric Burden and The Animals to the current Rock and Roll greats the Foo Fighters. Mr. Barrera is actively designing and building an oﬀ grid eco friendly resort, live music venue and boutique hotel concept in Austin, Tx where he currently resides.

Splitting his time between CA & TX.

The three of us are extremely happy to call Costa Mesa home! Project Description:

Westend is tucked away over in the Manufacturing district of Costa Mesa. The multiple business that surround Westend are three type 48 liquor license. For those that may need clarity a type 48 license allows a business to pour and distribute alcohol/spirits to its guests without the consumption or sale of food. Westend has been feeding its community since early 2017 and strives at being the best in the foodie community.

So much so westend held the top 5 restaurants in the city via Yelp and or Google from 2018 to 2020.

Westend intends on recreating this position ﬁrst, along with adding a cultural addition as it once was for many years in its “traditional use” fashion as “Evocal” an Art and live music gallery/venue, as well as the many businesses that operate within a block or two of its location. A list of other like minded business is here below for your review. • Semi Tropic Wine 6p.m. to 1am with Dj/live music - 816 W 19th St.

• Donkey D’s 8p.m. to 2a.m. with Dj/live music - 820 W 19th St.

• Gerabaldi De Noche 8p.m. to 2a.m. with DJ/live music - 810 W 19th St.

• The Wayfarer 5p.m. to 2 a.m. with DJ/live music - 843 W 19th St.

• Tiki Bar noon to 2a.m. with Dj/live music - 1700 Placentia Ave.

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Project Description Continued:
• Strut 8p.m. to 2a.m. and Sundays at noon to 2a.m. with DJ/live music - 719

• Social 5p.m. to 10p.m. during the week and to 1 a.m. on Fri-Sat. - 512 W 19th St.

Westend and its location as you can see has been a substantially compatible business going on its third decade now. The entire diner proposed usable space as it sits today is approximately 1,855 sf. Westend intends to conduct two seating times for our diners.

Dinner Timelines will be from 5p.m./6pm., to 7p.m./8p.m., and 7:30p.m./8p.m. to 10p.m.

The below is a breakdown in square footages.
• Front Patio - 101 SF
• Interior - 1034 SF
• Back Patio - 720 SF
Grand Total of = 1,855 SF
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Project Description Continued:

Front patio, interior, rear patio and outdoor space is all for our diners. Seated dining, beer, wine, and craft cocktail consumption. As stated these areas have been in traditional use since Big Belly was in ownership from 2009 to Westend up until December of 2020. And live entertainment was legal years prior from 2005 to 2008 (years may be oﬀ) with Evocal Art Gallery. Not only did the seller explain that all these areas were legal for consumption but the ABC auditor conﬁrmed with us as well.

Therefore new ownership did not believe we had to seek further approvals since we had conﬁrmation with the Alcoholic Beverage Control Agency. It was only until the TUP issuance that these exterior locations were brought to current ownerships attention that they needed to be permitted. We intend to utilize all areas for live and DJ music coupled with roaming Mariachi’s and performance art.

Westend is a family friendly all ages European style cafe. We will continue to thrive in feeding our community with a full service kitchen and bar. Segueing into the night life portion of the business model at approximately 10 p.m., Westend will have the CA Code and legal limit “when alcohol is present” of 1 guard per 75 patrons. We propose to have one guard at entry for I.D. check after 9p.m. An additional 2 guards will be present for the interior and exterior roamer once dining tables have been removed at approximately 10p.m. in the event we exceed 100 “standing only” patrons. We feel that the above stated is substantially compatible with The Wayfarer, Gerabaldi De Noche, Tiki Bar, Strut, Donkey D’s, and security scale model therefore would not be materially detrimental to both adjacent properties that surround our establishment.

The proposed areas of entertainment do not have any rhyme or reason. Each night may diﬀer to the next depending on artist availability. The area in the center of the back patio facing the parking lot and old Hurly building would be the only area where we would host any larger live acts and or if they have more than 4 bandmates, due to the limited space requirements needed to do so. It’s possible on occasion or more of a special event that we will host a smaller Jazz 2 or 3 piece/Dj on the interior during dining hours and host a DJ/live act on back patio for larger dinner parties etc. *For your review please see attached Sound Plan for entertainment past 11p.m. -4-
472
Westend After 1 1p.m. Sound Plan
Noise Element
Vehicular Noise
The Corners of Placentia Avenue and 19th Street was calculated back in 2020 in a study done by Westend management over the course of two weekends. The noise generation for each night on the those corners between the hours of 11p.m., midnight and 1a.m. exceeded the residential limit of 55dBA and was averaging at approximately 64/65 dB(A). It’s concurrent of a study conducted by the city of Costa Mesa back in 2015 on the corners of Placentia and 20th at approximately 10am. which is one block north of our venue. Since then the city has increased its population as well as the demand in crossing over into the Westside.
*Leq describes the average level that has the same acoustical energy as the summation of all time-varying events. This descriptor is useful because the sound levels can vary markedly over a short period of time. The most common averaging period for Leq is hourly, but can be of any duration. The “dB(A)” is a sort of filtering in the frequency in the frequency domain, originally created to take the non-linear sensitivity of human hearing. The “A” derived from the sound pressure levels (SPL) in dB applying the so called A-weighting = “dBA”.

Points & Locations of Study 1(a):

From 275’ away 49 to 86 dBA with Leq at 64 dBA for
10 mins at midnight 10.16.20
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1 (b)
Directly in front of Westend. A 65 dBA Leq was measured. The Vehicular/ Urban Mixed Use noise pollution was the main cause of noise during this study and could not hear the music from the venues back patio for more that a few seconds over the vehicles passing by.

Noise Plan (from 2015 study)
Noise
impacts can be addressed in three ways: 1) by reducing the sound level of the noise generator, 2) by increasing the distance between the source and the receiver, and 3) by insulating the receiver. Noise reduction can be accomplished by placement of the walls, landscape berms and or a combination of the two between the noise source and the receiver.

With the above stated herein, the venue as we know can not practice #1 & #2. In the event Westend accrues calls from the westerly neighborhood we would like to be proactive and introduce ourselves to the property owners or tenants of them personally prior to any activations of our live music permit approval and events. We will leave behind the manager on duty as well as the GM’s personal contact numbers so that they may communicate directly with these representatives of the venue. This way we are able to intercept any calls and or complaints to the CMPD and or City of Costa Mesa.
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We are prepared to install minimal sound proof blankets at the westerly facing walls to avoid any audio ricochet that may occur. This will insure dampening of the exterior dBa pollution.

Soundproofing blankets is one of the simplest and most efficient ways for sound treatment.

Westend’s proposed plan is to face audible sound systems to the southeast direction to enable all sound waves avoiding the westside Federal Avenue neighborhood.

Westend will conduct dBa reading every 30 minutes starting at 11:30 p.m. to 1:30a.m. in the event we utilize the rear exterior for live Dj sets and or live amplified music and will file its discoveries accordingly. Noise level measurement shall be performed using a sound level dBa meter meeting American National Standard Institute’s Standard S1.4-1971 for T ype 1 or Type 2
sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Westend lies in the manufacturing district 4 (C1). Approximately 275’ from i
ts first residential neighbor (1a) and is located and classified in the manufacturing district. In this district the dBA adjust from 55 dBA to 65 dBA. During this time frame specified we will conduct two measuring points for the exterior. The two locations of our study points will be directly in front of said establishment (please refer to map 1b) as well as 275’ feet away at the west alley way prior to the first and second home (on east side located) on Federal Ave.

Westend Is in area 4 (C1)
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City of Costa Mesa dBA standards schedule:

67.5 dBa - 77.5 dBA is the ratios for said Venue.
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We would like to point out that the intersection of Placentia & 19th Street impacts some pretty significant traffic noise generation, which in just a few minute study exceeded its legal right to operate at 67 dBA Leq after 11p.m. but within its previously stated “70 dBA CNEL” herein above image. The vehicular traffic noise pollution is greatest at intersections due to the acceleration, deceleration and gear shifting. Regardless of Westend’s music plan, please note that these known facts are and have been operating this way for decades. If it’s any place to provide the city with more arts and culture, this particular location is a perfect destination to introduce uncompromised live art after 11p.m. to its future generations to come. In short, for Westend to become a nuisance to its own community after 11p.m. we would have to be operating at a pretty significant measurement north of 70 CNEL dBA which is highly unlikely in todays standards.

Future Noise Contours in front of 814 W 19th Street is at 70 (dBA) “CNEL” (Community Noise Equivalent Level) which Is concurrent to our in-house study.
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T-1

1. ABBREVIATIONS
Planning &
Zoning
Dept.

Building Dept.

Fire Dept.

CODE AUTHORITIES
OCCUPANCY GROUP: B / A-2

BUILDING CODE

PLUMBING CODE

MECHANICAL CODE

ELECTRICAL CODE

FIRE CODE

HEALTH CODE

ENERGY CODE

ACCESSIBILITY CODE
LANDLORD:

PROJECT DIRECTORY

DOOR NUMBER

WINDOW TYPE

KITCHEN EQUIPMENT
NUMBER

ROOM/SPACE NUMBER

FURNITURE NUMBER

MISCELLANEOUS

EQUIPMENT NUMBER

WASHROOM & KITCHEN

ACCESSORIES NUMBER

REFERENCE WALL TYPE

ELEVATION REFERENCE

DETAIL REFERENCE

DRAWING TITLE W/
NORTH

SECTION/DETAIL

WALL SECTION

SCOPE OF WORK

ELEVATION NOTE

REVISION NUMBER
2022 CALIFORNIA BUILDING CODE
2022 CALIFORNIA PLUMBING CODE
2022 CALIFORNIA MECHANICAL CODE
2022 CALIFORNIA ELECTRICAL CODE
2022 CALIFORNIA FIRE CODE
2022 CALIFORNIA FOOD CODE
2022 CALIFORNIA ENERGY CODE
2022 CAL GREEN ENERGY CODE REQUIREMENTS
2022 CALIFORNIA BUILDING CODE
ADAAG
deferred submittals

2. COMMERCIALZONE:

3. 115-350-42APN:

SPECIAL INSPECTION

MECHANICAL

ELECTRICAL
PLUMBING:

RPM Engineers, Inc.
102 Discovery
Irvine, Ca 92618
Contact: Raymond Phua
Email: [email protected]
Tel.: (949) 450-1229 ext. 200
City of Costa Mesa
Planning Division
77 Fair Drive
Costa Mesa, Ca. 92626
Contact: Counter Technician
Tel.: (714) 754-5245

LANDLORD'S REQUIRED

SUBCONTRACTOR LIST
NOTE: THE FOLLOWING SUBCONTRACTORS ARE REQUIRED BY THE
LANDLORD TO BE USED BY THE TENANT G.C. VERIFY ALL REQUIRED

LANDLORD SUB-CONTRACTORS WITH LANDLORD PRIOR TO BIDDING PROJECT.

Rick Hamm Construction, Inc.
201 W. Carlton Avenue
Orange, CA 92867
Rick Hamm
[email protected]
Ph: 714.532.0815
Toll Free: 800.742.4266
Cell: 714.931.8475

CONCRETE SLAB

ARCHITECTURAL DRAWINGS

THIS PROJECT CONSISTS OF A TENANT IMPROVEMENT OF AN
EXISTING RESTAURANT. WE WILL BE REMOVING A BACK PATIO OF 250 S.F. AND REPLACING IT WITH A NEW COVERED BACK PATIO OF 651 S.F. WE WILL ALSO BE GETTING THE EXISTING 150 S.F. FRONT PATIO PERMITTED.

ARCHITECT: J.C. Marvick & Associates, INC.
1827 Capital Street, suite 102
Corona, Ca 92880
Contact: Chuck Marvick
Email: [email protected]
Tel.: (951) 808-0520
Fax: (951) 808-0560

4. TRACT NO.

TENANT:

5. BUILDING TYPE: VN-B

6. Huntington Glazing
5344 Alhambra Ave.

Los Angeles, CA 90032
Gabriel Velez
[email protected]
323.353.4431 cell

STOREFRONT
Tony's Locksmith
429 Avenida de la Estrella
San Clemente, CA 92672
Type: 6 pin Schlage
Eric Smith
[email protected]
Ph: 949.492.5700
Cell: 949.436.0467

LOCKSMITH
CR&R
31641 Ortega Highway
San Juan Capistrano, CA 92693
Maria Lazaruk
Ph: 714.372.8288
Toll Free 877.728.0446

WASTE REMOVAL / DUMPSTER
Diamond Roofing
34 Indian Pipe
Dove Canyon, CA 92679
Tom Berry
[email protected]
Dir: 949.298.3212
Fax: 949.298.3206
Cell: 949.683.2000

ROOFING
FIRE LIFE SAFETY & FIRE SPRINKLER:

Nutech Fire Alarm & Security
11223 Old River School Rd
Downey, CA 90241
Jesse Hernandez
[email protected]
Dir: 562.946.3473
Fax: 562.946.3474
Cell: 562.307.1743

ROOFING

9. SEE SHEET A-0.1 FOR ALL CODE COMPLIANT AND BUILDING

INFORMATION
WEST END RESTAURANT AREA :

MEANS OF EGRESS: TWO REQUIRED,

TWO PROVIDED
FIRE SPRINKLERS: YES
(NO LONGER REQUIRED)
City of Costa Mesa
Building Division
77 Fair Drive
Costa Mesa, Ca. 92626
Contact: Counter Technician
Tel.: (714) 754-5273
City of Costa Mesa
Fire & Rescue
77 Fair Drive
Costa Mesa, Ca. 92626
Contact: Counter Technician
Tel.: (714) 754-5106
Westend Restaurant
STRUCTURAL: Shucri Yaghi Structural Engineering
112 E. Chapman Ave. Suite D
Orange, Ca 92866
Contact: Chuck Yaghi
Email: [email protected]
Tel.: (714) 997-9120
Fax: (714) 744-3676
Westend
814 West 19th street
Costa Mesa, Ca 92626
Contact: Roland Barrera
Email: [email protected]
Tel.: (714) 290-0375
Monica Chang
7042 Kearny Dr.

Huntington Beach, Ca 92658
Contact: Monica Chang
Email:

Tel.: (714) 357-1858
Fax:

FRONT PATIO AREA : 101
INTERIOR AREA : 1,034
REAR PATIO AREA : 720
TOTAL AREA : 1,677
ATTACHMENT 9
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100
100
100
100
100
100
100
100
Westend Restaurant
SP-1.0

GENERAL NOTES

SITE PARKING

KEY NOTES
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102
101
100
36"
64 .2

12.8"
36"
64 .2

12.8"
EXIT
PH
EXIT
PH
100
102
101
36"
64 .2

12.8"
36"
64 .2

12.8"
EXIT
PH
EXIT
PH
Westend Restaurant
A-0.1
OCCUPANT LOAD (dining hours)OCCUPANT LOAD (after dining)

EGRESS PLAN LEGEND
16"

0.2 81
36" PROVIDED OPENING WIDTH

WIDTH PER OCCUPANT
LOAD FACTOR (1005.1)

REQUIRED OPENING WIDTH

OCCUPANT LOAD

ATTRIBUTED TO EXIT
MAX. COMMON PATH OF TRAVEL FROM SPACE TO EXITSURFACE MOUNTED

FIRE EXTINGUISHER

PROVIDE UNIVERSAL ACCESSIBILTY SYMBOL
PROVIDE TACTILE EXIT SIGN PER DETAIL 2.

SHALL BE INSTALLED ON THE WALL ADJACENT

TO THE LATCH SIDE OF THE DOOR

PROVIDE SIGN ABOVE DOOR IN CONTRASTING
LETTERS: "DOOR TO REMAIN UNLOCKED DURING
BUSINESS HOURS"

PROVIDE PANIC HARDWARE PER DOOR

HARDWARE SCHEDULE
MAX. OCCUPANT LOAD SIGNAGE WITH MIN. 1"

LETTERS AND NUMBERS CONTRASTING WITH

THE BACKGROUND, SHALL BE POSTED ON A

CONSPICUOUS LOCATION NEAR THE MAIN
EXITS. PER CBC 1004.3, TITLE 19 3.30 TO READ
"MAXIMUM OCCUPANCY 222 PERSONS"
OR .15 IF EQUIPPED W/ AUTOMATIC SPRINKER SYSTEM

0.2x55=16

LED WALL MOUNTED DUAL BUG EYE EMERGENCY
LIGHT FIXTURE W/ 90 MIN. BATTERY PACK
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102
106
100
101
103
105
104
107
Westend Restaurant
A-1.0

KEY NOTES

WALL LEGEND
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Westend Restaurant
A-2.0

KEY NOTES
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101102
100
102
101
100
Westend Restaurant
A-3.0

KEY NOTES

GENERAL NOTES

WALL LEGEND
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107
EXIT
EXIT
107
Westend Restaurant
A-4.0

KEY NOTES
ILLUMINATED EXIT SIGN W/ 90 MIN. BATTERY
BACK UP.EXIT

NEW SURFACE MOUNTED LIGHT FIXTURE

NEW SURFACE MOUNTED WALL SCONCE
(E) SURFACE MOUNTED LIGHT FIXTURE TO REMAIN
SCALE: 3" = 1'-0"
(N) SURFACE MOUNTED INFRARED AREA HEATER
(N) SURFACE MOUNTED FANS
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Westend Restaurant
A-5.0

KEY NOTES
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485
107
107
107
10'-9 3/8"
9'-9 1/2"6"
6"
15'-6"6"
2'-6" MIN.
2"
2"
1'-1 1/2"
OVERHANG1 1/2"4"1 1/2"
6"
6"6"
Westend Restaurant
A-6.0

KEY NOTES
SCALE: 1" = 1'-0"
SCALE: 1" = 1'-0"
SCALE: 1" = 1'-0"
SCALE: 3/4" = 1'-0"
SCALE: 1" = 1'-0"
SCALE: 1" = 1'-0"
SCALE: 1" = 1'-0"
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-132 Meeting Date: 1/21/2025
TITLE:

SECOND 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
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: STEPHANIE A. SELINSKE, LIEUTENANT
CONTACT INFORMATION: STEPHANIE A. SELINSKE, LIEUTENANT; 714-754-5293 RECOMMENDATION:

1. Staff recommends the City Council give a second reading and adopt Ordinance No. 2025-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.

2. Adopt a Resolution of the City Council of the City of Costa Mesa, California, establishing a beekeeping permit user fee to be added to the City’s Consolidated Schedule of User and Regulatory Fees.

BACKGROUND:

The City of Costa Mesa Municipal Code (CMMC) 3-18, currently states it is unlawful for any person to have, keep or maintain any hive or swarm of bees within the city.

On November 19, 2024, a first reading of proposed amendments to CMMC 3-18 were presented to City Council. Council members provided feedback and discussed proposed amendments. City Council approved moving the ordinance forward by a vote of 7-0 with three council member amendments.

ANALYSIS:

This ordinance is being presented for second reading and final adoption.

The proposed ordinance allows for the keeping of domesticated bees with a permit issued through the Police Department’s Animal Services Unit. Permits would only be issued for residential properties that allow for adequate spacing from neighboring residences so as not to interfere with the free use of neighboring properties. Distance limits have been established to define adequate spacing.

Beehives must be secured from unauthorized access and not be visible from the public right of way.

Applicants wishing to obtain a beekeeping permit would be required to complete an application form, which includes a property map indicating where the hive(s) would reside and pay the applicable

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Costa Mesa City CouncilJanuary 21, 2025

Costa Mesa City Council
January 21, 2025