CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda - Final Amended
City Council Chambers
77 Fair Drive
6:00 PMTuesday, July 15, 2025
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
Closed Session has been amended and New Business Item No. 2 has been removed from the agenda.
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.
Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.
Closed Captioning is available via the Zoom option in English and Spanish.
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As a courtesy, the public may participate via the Zoom option.
Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/89982812676?pwd=oX6BGzSScr92QUVyg1m0SN8HSTnoqj.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 899 8281 2676/ Password: 772583
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 899 8281 2676/ Password: 772583 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
Note, if you have installed a zoom update, please restart your computer before participating in the meeting.
Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].
Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.
Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
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Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.
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Agenda - Final Amended July 15, 2025
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
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CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Jeanie O’Keefe v. City of Costa Mesa
Orange County Superior Court Case No. 30-2024-01443154-CU-PO-CJC
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.
Orange County Superior Court Case No. 30 2020 01133479
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al.
440 Fair Dr. and 1779 Newport Blvd.
Orange County Superior Court Case No. 30-2020-01170520
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D'Alessio Investments LLC v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01132646
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D’Alessio v. City of Costa Mesa, et al.,
United States District Court, Central District of CA, Case No. 8:25-cv-00679-DOC-DFM
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Farrell Harrison v. City of Costa Mesa, et al., Orange County Superior Court Case No. 30-2025-01495293-CU-WM-CJC
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7. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: City Manager
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REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY JULY 15, 2025 – 6:00 P.M.
JOHN STEPHENS
Mayor
MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3
ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2
JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1
KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY
City Attorney Interim City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Recognition of Orange County Model Engineers' 40th Anniversary PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.
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COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Marr
2. Council Member Reynolds
3. Council Member Pettis
4. Council Member Buley
5. Council Member Gameros
6. Mayor Pro Tem Chavez
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
25-369
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.
2. READING FOLDER 25-370
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Theodore Luna, Jezzee Stewart.
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3. ADOPTION OF WARRANT RESOLUTION 25-355
RECOMMENDATION:
City Council approve Warrant Resolution No. 2737.
1. Summary Check Registration 6-12-2025
2. Summary Check Registration 6-18-2025
Attachments:
4. MINUTES 25-372
RECOMMENDATION:
City Council approve the minutes of the regular meetings of June 3, 2025 and June 17, 2025.
1. 06-03-2025 Draft Minutes
2. 06-17-2025 Draft Minutes
Attachments:
5. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR
STORMWATER AND WATER QUALITY ADMINISTRATION SUPPORT
25-365
RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to WSP USA, Inc ., 3560 Hyland Avenue, Suite 100, Costa Mesa, California for three ( 3) years with two ( 2) one-year renewal periods in an amount not to exceed $164,800 annually, for professional services to provide stormwater and water quality administration support for compliance with the National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) Permit Program.
2. Authorize the Interim City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
1. Proposed PSA with WSPAttachments:
6. FINAL MAP FOR TRACT NO. 19244 LOCATED AT 1711-1719
POMONA AVENUE, COSTA MESA, CALIFORNIA
25-366
RECOMMENDATION:
Staff recommends the City Council approve the Final Map for Tract No. 19244 and authorize signing of the Map by the City Engineer and the City Clerk.
1. Tract Map
2. Planning Commission Approval Letter
Attachments:
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7. TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND
DISTRICT AGRICULTURAL ASSOCIATION
25-367
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the 2025 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2025 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager, or their designee, to execute the agreements.
4. Authorize the City Manager, or their designee, to execute any amendments to the agreements, including but not limited to, amendments increasing the maximum compensation to be paid to the City.
1. 2025 City of Costa Mesa Fair Time
2. 2025 City of Costa Mesa Year Round
Attachments:
8. RESOLUTION FOR IMPLEMENTATION OF SAFETY IMPROVEMENTS ALONG NEWPORT BOULEVARD (SR- 55) SAFETY IMPROVEMENTS
IN THE CITY OF COSTA MESA
25-375
RECOMMENDATION:
Staff recommends the City Council approve Resolution ( 2025-xx) requesting the State of California Department of Transportation (Caltrans) to implement safety improvements along Newport Boulevard (State Route (SR) - 55) in the City of Costa Mesa.
1. Draft Resolution - SR-55 (Newport Boulevard)Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
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1. FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2024060115),
GENERAL PLAN AMENDMENT, REZONE, SPECIFIC PLAN
AMENDMENT, MASTER PLAN, VESTING TENTATIVE PARCEL MAP,
DENSITY BONUS, AND DEVELOPMENT AGREEMENT FOR HIVE
LIVE, A THREE-PHASED, 1,050-UNIT, RESIDENTIAL DEVELOPMENT WITH 3,692-SQUARE-FOOT RETAIL COMPONENT AT 3333 SUSAN
STREET
25-381
RECOMMENDATION:
Staff recommends the City Council open and conduct a public hearing, and continue the project to the August 5, 2025 City Council meeting.
1. Continuation RequestAttachments:
2. MITIGATED NEGATIVE DECLARATION, GENERAL PLAN
AMENDMENT (PGPA- 24-0001), REZONE, MASTER PLAN
(PMAP-24-0002), AND TENTATIVE TRACT MAP NO. 19351 FOR THE DEVELOPMENT OF 40 RESIDENTIAL CONDOMINIUM UNITS
LOCATED AT 220, 222, 234, AND 236 VICTORIA STREET
(“VICTORIA PLACE”)
25-359
RECOMMENDATION:
The Planning Commission recommends the City Council deny the General Plan Amendment (PGPA-24-0001), Rezone, Master Plan (PMAP-24-0002), and Tentative Tract Map No. 19351.
Agenda Report
1. Draft Resolution (GPA, Master Plan, and Tentative Tract Map) - Denial
2. Applicant Letter
3. Vicinity Map
4. Zoning Map
5. Land Use Map
6. Public Comments - Draft ISMND dated April 2025
7. Plans
8. Trip Generation Memo
9. Planning Commission Agenda Report
10. Planning Commission Public Comments
11. Planning Commission Resolution (GPA, Master Plan, and Tentative Tract Map)
12. Alternative Decision Documents
Attachments:
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OLD BUSINESS: NONE.
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NEW BUSINESS:
1. RESIDENTIAL PERMIT PARKING PROGRAM - CABRILLO STREET
BETWEEN ORANGE AVENUE AND SANTA ANA AVENUE
25-364
RECOMMENDATION:
Staff recommends the City Council adopt the proposed Resolution No. 2025-xx, approving the implementation of a Residential Permit Parking (RPP) only restriction on Cabrillo Street between Orange Avenue and Santa Ana Avenue, and authorizing the Transportation Services Manager to extend the restriction within a 1,000-foot radius as needed, based on a qualifying petition from affected residents and Council-adopted guidelines.
1. Proposed Resolution No. 2025-xx
2. Revised RPP Guidelines and Policies
3. Cabrillo Map
Attachments:
2. PROFESSIONAL SERVICES AGREEMENT WITH ENDEMIC ENVIRONMENTAL SERVICES INC. FOR THE FAIRVIEW PARK MESA RESTORATION PROJECT AND ADDENDUM TO THE 1997 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
FOR FAIRVIEW PARK
3. RANDALL PRESERVE DISCUSSION 25-376
RECOMMENDATION:
Per the request of Council Member Reynolds, receive input from the City Council and public on the Randall Preserve Draft Plans.
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-369 Meeting Date: 7/15/2025
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-370 Meeting Date: 7/15/2025
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Theodore Luna, Jezzee Stewart.
15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-355 Meeting Date: 7/15/2025
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:
City Council approve Warrant Resolution No. 2737.
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 25-12 “A” Off Cycle for $5,437.75 and 25-13 On Cycle for $3,876,567.59, and City operating expenses for $2,919,075.57.
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Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-372 Meeting Date: 7/15/2025
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the minutes of the regular meetings of June 3, 2025 and June 17, 2025.
65 Minutes – Regular Meeting June 3, 2025 Page 1 of 12
REGULAR CITY COUNCIL AND HOUSING AUTHORITY
JUNE 3, 2025 – 6:00 P.M. - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.
ROLL CALL
Present: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds (arrived at 4:05 p.m.), Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: None.
PUBLIC COMMENTS
Roberto Herrera, Resilience Orange County, spoke in support of the previous City Manager.
CLOSED SESSION ITEMS:
1. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: Interim City Manager
2. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: City Manager
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO CASES
Pursuant to California Government Code Section 54956.9(d)(2), Potential Litigation.
City Council recessed at 4:04 p.m. for Closed Session.
Closed Session adjourned at 5:47 p.m.
CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – Led by St. John the Baptist School Choir.
66 Minutes – Regular Meeting June 3, 2025 Page 2 of 12
MOMENT OF SOLEMN EXPRESSION – Led by Council Member Marr.
ROLL CALL
Present: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: None.
CITY ATTORNEY CLOSED SESSION REPORT – Ms. Hall Barlow stated that pertaining to item number 1 on the closed session agenda, City Council voted on a 7-0 vote with Mayor Pro Tem Chavez making the motion and Council Member Gameros seconding, to appoint Cecilia Gallardo-Daly as Interim City Manager.
PRESENTATIONS:
City Council honored NMUSD Class of 2025 Graduates who have committed to Military Service.
City Council presented a proclamation to Bryan Terry and Angel Bonilla, representatives of OC Pride in honor of Pride Month.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Juana Trejo thanked Police Chief Lawrence for his service and spoke on individuals working out of their garages late at night.
Carmen Ramirez, Costa Mesa, spoke on parking issues on Baker Street and Fillmore Way and that vehicles are parked permanently and not being moved, and spoke on living in Costa Mesa.
Speakers, spoke on standing with and supporting the immigrant community, spoke on hanging a banner on the 405 freeway and on receiving positive feedback and support, and spoke on humanity.
Roberto Herrera, Resilience Orange County, spoke on immigration and that he is the Co-Founder of Rapid Response Network, spoke on the importance of the public being aware of data on arrests happening in the City, spoke on a legal defense fund, and requested support for the Latino community.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Buley congratulated Estancia High School Baseball team for winning the CIF Southern Section Division 6 title, spoke on homeless issues on 19th Street and requested resources for the area, and encouraged community engagement at the Fairview Developmental Center meeting on June 11th at 6:00 p.m.
Council Member Gameros praised the Police and Fire Departments for their response to activities in the City and requested staff to agendize removing public comments on Zoom. 67 Minutes – Regular Meeting June 3, 2025 Page 3 of 12
Council Member Marr spoke in support of public participation in person and remotely and congratulated Ms. Gallardo-Daly on being appointed as Interim City Manager.
Council Member Reynolds congratulated Ms. Gallardo-Daly on being appointed as Interim City Manager, spoke in support of creating opportunities for people to participate, spoke on attending the Employee Service Awards, attending the Costa Mesa Historical Society Spring luncheon, attending the Memorial Day event, attending Senator Stephens Choi’s non-profit of distinction event honoring Trellis, spoke on the Mendez case being the catalyst for integration in schools, and combating fear in the community by smiling more.
Council Member Pettis spoke on service and working at the VA Hospital and spoke on Memorial Day is a day of reflection.
Mayor Pro Tem Chavez congratulated high school graduates, congratulated the Estancia High School Baseball team for winning the CIF Southern Section Division 6 title, and congratulated Ms. Gallardo-Daly on being appointed as Interim City Manager, spoke on attending the Costa Mesa Soccer Classic Tournament and the unity and power that sports bring to a community, spoke on joining Supervisor Foley at the County of Orange young supervisors program where students from around the County complete a capstone project, and that the program included three students from Costa Mesa, spoke on attending two outreach meetings regarding the Randall Preserve, spoke on free lunches for students in the community during the summer, spoke on the homeless issues on 19th Street and requested a study session, requested staff to investigate a TOT for next year’s ballot, requested staff to agendize the OC Power Authority, and requested staff to research a contract disclosure ordinance.
Mayor Stephens congratulated Ms. Gallardo-Daly as Interim City Manager, congratulated the Estancia High School Baseball team for winning the CIF Southern Section Division 6 title, congratulated the Costa Mesa High School Mustangs who won their league, spoke on attending the SOY Gala, spoke on the State of the City will be on June 25 th, spoke on Priceless Pets and how they positively handled an incident and provided statistics, spoke on attending a Memorial Day event and praised Captain Fred McDowell for playing the bugle, and spoke on adjourning the meeting in honor of Shannon Santos, Executive Director at Someone Cares Soup Kitchen.
REPORT – CITY MANAGER – Ms. Gallardo-Daly Congratulated the Public Works Department on receiving the “2025 Outstanding Bikeways and Trails” award for the Adams Avenue and Pinecreek Drive project, spoke on the Information Technology Department is kicking off Phase II of their Master Plan with a public meeting on Monday June 16 th at 5:30 p.m., spoke on the monthly statistics from Economic and Development Services Department that are posted on the city website, responded that staff will look into the concerns on the neighbor working on vehicles in the garage, and thanked City Council for her appointment to Interim City Manager.
REPORT – CITY ATTORNEY – Ms. Hall Barlow spoke on the Torch Run Special Olympics in Orange County and spoke on the Special Olympics.
68 Minutes – Regular Meeting June 3, 2025 Page 4 of 12
CONSENT CALENDAR
MOVED/SECOND: Mayor Stephens/ Mayor Pro Tem Chavez
MOTION: Approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received from Ware Disposal.
Motion carried: 7-0
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: AAA (Rebecca Morales), State Farm Mutual Auto Insurance Company (David Berri), Esther Farr, Kyle Samuelson, Debra Von Trapp.
3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on the item due to campaign contributions received from Ware Disposal.
ACTION:
City Council approved Warrant Resolution No. 2735.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of May 6, 2025.
5. SB 1205 COMPLIANCE REPORT FOR 2024 STATE-MANDATED ANNUAL FIRE
INSPECTIONS
ACTION:
City Council adopted Resolution No. 2025-09 to accept this Compliance Report as its report on the status of all 2024 state-mandated annual fire inspections in the City as required by California Health and Safety Code Section 13146.4. 69 Minutes – Regular Meeting June 3, 2025 Page 5 of 12
6. ADOPT ORDINANCE NO. 2025-03 DESIGNATING LOCAL RESPONSIBILITY AREA
FIRE HAZARD SEVERITY ZONES IN THE CITY OF COSTA MESA, AS IDENTIFIED
BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 51178
ACTION:
City Council adopted Ordinance No. 2025-03 designating moderate and high Local Responsibility Area Fire Hazard Severity Zones by map within the jurisdiction of the City of Costa Mesa.
7. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City’s Maintenance of Effort (MOE) for Fiscal Year (FY) 2025-26.
2. Approved the M2 Seven-Year Capital Improvement Program (CIP) which consists of the City’s Five-Year and future year CIP for FY 2025-26 through FY 2031-32.
3. Adopted Resolution No. 2025-10, for the Master Plan of Arterial Highways Conformance and Mitigation Fee Program.
4. Authorized staff to submit documents to meet M2 Eligibility requirements.
8. RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
ACTION:
City Council adopted Resolution No. 2025-11, approving the Harbor Boulevard Roadway Rehabilitation Project (from MacArthur Boulevard to South Coast Drive and from Gisler Avenue to Baker Street) for funding with Road Maintenance and Rehabilitation Account (RMRA) revenues for Fiscal Year 2025-26.
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION TO LEVY ANNUAL
ASSESSMENT
Presentation by Ms. Jakher, Assistant to the City Manager and Paulette Lombardi Fries, President of Travel Costa Mesa.
Public Comments: None.
70 Minutes – Regular Meeting June 3, 2025 Page 6 of 12
MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
1. City Council conducted a public hearing regarding the Business Improvement Area (BIA) reauthorization and levy of the annual assessment for Fiscal Year 2025-2026.
2. Adopted Resolution No. 2025-12, confirming the annual report filed by Travel Costa Mesa and levying an annual assessment for Fiscal Year 2025-2026 for the Business Improvement Area covering certain Costa Mesa hotels and motels.
2. APPEAL OF THE PLANNING COMMISSION’S DECISION TO UPHOLD THE DIRECTOR OF DEVELOPMENT SERVICES’ DETERMINATION THAT
CONDITIONAL USE PERMIT (CUP) PA-21-23 TO ESTABLISH A CANNABIS STOREFRONT LOCATED AT 1687 ORANGE AVENUE (KING’S CREW) HAS
EXPIRED
Presentation by Veronica Donovan, Attorney with Jones & Mayer.
Applicant presentation by Dan Thompson and Ray Dorame, Gold Flora Costa Mesa.
Public Comments: None.
MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: Overrule the decision of the Planning Commission and provide the applicant a 180-day extension to obtain the CUP and permits needed.
SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Buley SUBSTITUTE MOTION: Uphold the Planning Commission’s decision that Conditional Use Permit (CUP) PA-21-23 has expired pursuant to Costa Mesa Municipal Code Sections 13-29(k)(2) and CUP Condition of Approval No. 2.
Council Member Marr withdrew the motion.
71 Minutes – Regular Meeting June 3, 2025 Page 7 of 12
ORIGINAL MOTION/SECOND: Mayor Stephens/Council Member Gameros ORIGINAL MOTION: Overrule the decision of the Planning Commission and provide the applicant a 180-day extension to obtain the CUP and permits needed.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: Council Member Buley, Council Member Marr, and Council Member Pettis.
Absent: None.
Abstain: None.
Motion carried: 4-3
ACTION:
City Council Overruled the decision of the Planning Commission and provided the applicant a 180-day extension to obtain the CUP and permits needed.
City Council recessed into a break 8:24 p.m.
City Council reconvened at 8:41 p.m.
3. SCHEDULE OF USER AND REGULATORY FEES
Presentation by Terry Madsen, Clear Source.
Public Comments:
Cynthia McDonald spoke on cost recovery and supports higher fees.
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Marr
MOTION: Approve staff recommendation which includes a 3.3% CPI adjustment, a credit card transaction processing fee, a General Plan Update fee, and a technology enhancement fee.
Council Member Reynolds requested to add to the motion to direct staff to bring back an item to also allow payments by American Express and to potentially increase the cost recovery of the credit card transaction processing fee to 3%.
Mayor Pro Tem Chavez (1st) and Council Member Marr (2nd) agreed to the addition.
Council Member Reynolds requested to add to the motion to direct staff to seek input from the Parks and Community Services Commission on fees related to programs and community facility rentals.
Mayor Pro Tem Chavez (1st) and Council Member Marr (2nd) agreed to the addition.
SUBSTITUTE MOTION/SECOND: Council Member Buley/Mayor Stephens SUBSTITUTE MOTION: Approve only the 3.3% CPI adjustment and the 2.7% Credit Card fee.
72 Minutes – Regular Meeting June 3, 2025 Page 8 of 12
Mayor Pro Tem Chavez requested to add Council Member Reynolds previous requests.
Council Member Buley (1st) agreed to the additions.
Mayor Stephens (2 nd) agreed to the additions and to also allow the Finance and Pension Advisory Committee and the Parks and Community Services Commission to review and discuss the fees related to programs and community facility rentals.
SUBSTITUTE MOTION/SECOND: Council Member Buley/Mayor Stephens SUBSTITUTE MOTION: Approve only the 3.3% CPI adjustment and the 2.7% Credit Card fee, direct staff to bring back an item to allow American Express and potentially increase the cost recovery to 3%, and direct staff to seek input from the Parks and Community Services Commission and the Finance and Pension Advisory Committee on fees related to programs and community facility rentals.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: Council Member Gameros and Council Member Marr.
Absent: None.
Abstain: None.
Motion carried: 5-2
ACTION:
1. City Council opened a Public Hearing and took testimony.
2. Adopted Resolution No. 2025-15 of the City Council of the City of Costa Mesa, California, approving only the CPI adjustment and the Credit Card charges as recommended by the Finance and Pension Advisory Committee.
3. Directed staff to bring back an item to also allow payments by American Express and potentially increase the cost recovery of the credit card transaction processing fee to 3%.
4. Directed staff to seek input from the Parks and Community Services Commission and the Finance and Pension Advisory Committee on fees related to programs and community facility rentals
4. FISCAL YEAR 2025-26 PROPOSED OPERATING AND CAPITAL IMPROVEMENT
PROGRAM AND HOUSING AUTHORITY BUDGET INCLUDING ANNUAL
REPORTING FOR EQUIPMENT USE POLICY PER AB 481 AND VACANCY STATUS AND RECRUITMENT STRATEGIES PER AB 2561
Presentation by Ms. Molina, Finance Director.
Public Comments:
Christian Lopez, Resilience Orange County, spoke in support of the addition of a crosswalk at Center Street and Placentia Avenue and spoke in support of rental assistance programs.
73 Minutes – Regular Meeting June 3, 2025 Page 9 of 12
Ralph Taboada, Costa Mesa, spoke on the replenishment of the current year CAN amount that was waived, spoke on the three Capital Asset Needs funding options, requested clarification on including the 2.2 million use of Capital Assets Account Fund Balance, and expressed concern on deferring funds in the IT budget.
Juana Trejo spoke on the bike trail at the Paularino Channel and requested an update on the project.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendations items 6 through 9 and continue the public hearing to June 10th for discussion and potential adoption of items 1 through 5.
SUBSTITUTE MOTION/SECOND: Council Member Reynolds/Council Member Marr SUBSTITUTE MOTION: Approve all staff recommendations items 1 through 9 and use option 1 for the Capital Asset Needs Funding.
Finance Director Molina suggested a 4 th option: do not utilize reserves, redirect the 1.2 million IT budget for the Capital Asset Needs Funding, and utilize $600,000 from the Fund 401 balance.
Council Member Reynolds adjusted the substitute motion to include bringing back the CAN ordinance with options to amend as part of the mid-year budget discussion, Council Member Marr (2nd) agreed.
Council Member Reynolds adjusted the substitute motion to include option 4 as suggested by Finance Director Molina, Council Member Marr (2nd) agreed.
SUBSTITUTE MOTION/SECOND: Council Member Reynolds/Council Member Marr SUBSTITUTE MOTION: Approve all staff recommendations items 1 through 9 and use option number 4: do not utilize reserves, redirect the 1.2 million IT budget for the Capital Asset Needs Funding, and utilize $600,000 from the Fund 401 balance, and bring back the CAN ordinance with options to amend as part of the mid-year budget discussion.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, and Mayor Pro Tem Chavez.
Nays: Mayor Stephens.
Absent: None.
Abstain: None.
Motion carried: 6-1
ACTION:
1. Approved Resolution No. 2025-16, adopting the Proposed Fiscal Year 2025-26 Operating and Capital Improvement Program (CIP) Budget; and
2. Approved Joint Resolution No. 2025-17 adopting the Housing Authority Budget including Economic and Community Development expenditures for Fiscal Year 2025-26; and
74 Minutes – Regular Meeting June 3, 2025 Page 10 of 12
3. Authorized the “Emergency Exception” clause of the Capital Asset Needs Ordinance under Section 2-209.2 (a)(2), Economic Downturn, for Fiscal Year 2025-26; and
4. Approved a financial plan to reinstate $6.9 million from Fiscal Year 2025-26 in deferred projects by:
a. Reinstating the funding over a 10-year period to ensure a fiscally sustainable General Fund budget.
5. Authorized and approved staffing for the following full-time positions: increase of 1.0 FTE for Custody Officer for Police Department, decrease of 1.0 FTE for Human Resources Analyst, decrease of 1.0 FTE for Programmer Analyst I, decrease of 1.0 FTE for Senior Management Analyst (CON), and a decrease of 1.0 FTE for Community Outreach Worker as presented at the May 13, 2025 Study Session; and
6. Approved Resolution No. 2025-18 establishing the Fiscal Year 2025-26 Appropriations Limit for the City of Costa Mesa at $330,924,446, by using Orange County’s growth for population adjustment, and the California per capita income growth for inflationary adjustment; and
7. Approved the City of Costa Mesa’s Revised Special Event Rates; and
8. City Council received and filed the 2025 Annual AB 481 Report and took public comment; and
a. Approved Resolution No. 2025-19 Renewing Ordinance No. 2022-03, the AB 481 Equipment Use Policy of the City of Costa Mesa, California, governing the use of police safety equipment.
9. Received and filed the job vacancy status information required by AB 2561.
10. Approved option number 4: do not utilize reserves, redirect the 1.2 million IT budget for the Capital Asset Needs Funding, and utilize $600,000 from the Fund 401 balance, and bring back the CAN ordinance with options to amend as part of the mid-year budget discussion.
OLD BUSINESS: NONE.
NEW BUSINESS:
1. ONE YEAR USE AGREEMENT FOR JACK HAMMETT SPORTS COMPLEX WITH
UNIVERSITY OF CALIFORNIA, LOS ANGELES (UCLA) FOOTBALL ATHLETICS, FOR 2025 PRE-SEASON TRAINING CAMP
Presentation by Ms. Reyes, Deputy City Manager.
Public Comments: None.
75 Minutes – Regular Meeting June 3, 2025 Page 11 of 12 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council approved and authorized the Acting City Manager to execute a Use Agreement for the City's Jack Hammett Sports Complex for a portion of UCLA’s 2025 Summer Training Camp and related community benefits.
2. RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224, FOR THE REHIRE OF
FINANCE OFFICER ANNA DOLEWSKI
Presentation by Ms. Lee, Human Resources Manager.
Public Comments: None.
MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: None.
Abstain: None.
Motion carried: 7-0
ACTION:
City Council adopted Resolution No. 2025-14 to make an exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21224 to retain the services of retired Finance Officer Anna Dolewski.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT – Mayor Stephens adjourned the meeting at 11:30 p.m. in memory of Shannon Santos.
76 Minutes – Regular Meeting June 3, 2025 Page 12 of 12 Minutes adopted on this 15th day of July, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
77 Minutes – Regular Meeting June 17, 2025 Page 1 of 10
REGULAR CITY COUNCIL AND HOUSING AUTHORITY
JUNE 17, 2025 - 6:00 PM - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m.
ROLL CALL
Present: Council Member Buley, Council Member Gameros, Council Member Reynolds (arrived at 4:20 p.m.), Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: Council Member Marr and Council Member Pettis.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Coats v. City of Costa Mesa
United States District Court, Central Dist. of CA, Case No. 8:24-cv-02337-JVS-JDE
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Jeanie O’Keefe v. City of Costa Mesa
Orange County Superior Court Case No. 30-2024-01443154-CU-PO-CJC
4. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: City Manager
City Council recessed at 4:02 p.m. for Closed Session.
Closed Session adjourned at 5:10 p.m.
78 Minutes – Regular Meeting June 17, 2025 Page 2 of 10 CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
ROLL CALL
Present: Council Member Buley, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: Council Member Marr and Council Member Pettis.
CITY ATTORNEY CLOSED SESSION REPORT – No reportable Action was taken.
PRESENTATIONS:
City Council recognized the Costa Mesa High School Baseball Team Golden West League Champions.
City Council recognized the Estancia High School Baseball Team CIF Southern Champions.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Jay Humphrey, Costa Mesa, praised the Fire Department, spoke in support of public participation, and requested to add recognizing academics and arts achievements as well as sports achievements.
Speaker, spoke in support of recognizing all groups of students and spoke on Council Member requests being placed on the agenda.
Speaker, spoke on volunteering at Love Costa Mesa Day and suggested trash bins at several locations on the Joann Street Bike Trail.
Speaker, spoke in support of allowing public comments via Zoom.
Roberto Herrera, Resilience Orange County, spoke in support of allowing public comments via Zoom, spoke in support of Spanish YouTube, and spoke on supporting the immigrant community.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Gameros spoke on public participation and free speech, spoke in appreciation of the Public Works employees for the street improvements, praised the pickleball courts at Balearic Park, and commended Chief Lawrence for his service. 79 Minutes – Regular Meeting June 17, 2025 Page 3 of 10 Council Member Reynolds spoke on the challenges facing the immigrant community and on resources available to help, requested safety actions for the Randall Preserve due to the encampments and fire threat, requested an update on clearing activity in Canyon Park and Fairview Park for fire prevention tactics, spoke on Caltrans working on a large project for Newport Boulevard and incorporating safety elements and requested staff to bring to Council a letter or resolution on safety concerns for Newport Boulevard, and requested trash bins on 19 th Street and Placentia Avenue to be replaced.
Council Member Buley praised the pickleball courts at Balearic Park, spoke on participating in sports and unsupervised free play, and requested staff to research incorporating free play into city programs.
Mayor Pro Tem Chavez thanked the Police Department for work on 19 th Street, thanked the Fire Department on their handling several fires recently, and thanked the residents who protested peacefully, spoke on attending the CalOptima resource fair, spoke on attending a small business opening for Zoom Drain, spoke on free lunch is available at Donald Dungan Library 12:00 p.m. -1:00 p.m. during the summer, and spoke on the July 3rd event.
Mayor Stephens spoke on unstructured free play in recreation, praised Public Works for receiving the Golden Hub Award for the Pine Creek Project, spoke on the upgrades to the batting cages at TeWinkle Park and pickleball courts at Balearic Park, spoke on the State of the City on June 25 th, spoke on a statement from the city regarding the immigrant community and protests and keeping people safe, spoke on volunteers and resources for those in need, praised the Fire Department for work on a structure fire in the community, praised Chief Lawrence, and spoke on the length of public meetings and time management.
REPORT – CITY MANAGER – Ms. Gallardo-Daly spoke on Chief Lawrence walkout and the Change of Command on June 27 th, spoke on a new event called Make Music Costa Mesa on June 21 st, spoke on Concerts in the Park, and Chief Pyle provided an update on brush clearings at Fairview and Canyon Parks.
REPORT – CITY ATTORNEY – Ms. Hall Barlow stated she is working with the City Manager’s Office to issue guidance to employees in case federal agents enter city facilities.
CONSENT CALENDAR
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Reynolds MOTION: Approve the Consent Calendar except for item nos. 5 and 6.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Marr and Council Member Pettis.
Abstain: Mayor Stephens recused himself on item 3 Warrant Resolution due to campaign contributions received from Ware Disposal, and on item 6 Professional Services Agreement for Solid Waste Collection Services at City Facilities due to campaign contributions received from Ware Disposal.
Council Member Gameros recused himself on item 3 Warrant Resolution due to his wife working for Priceless Pets.
Motion carried: 5-0
80 Minutes – Regular Meeting June 17, 2025 Page 4 of 10
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Debra Von Trapp.
3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on the item due to campaign contributions received from Ware Disposal.
Council Member Gameros recused himself on the item due to his wife working for Priceless Pets
ACTION:
City Council approved Warrant Resolution No. 2736.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of May 20, 2025.
ITEMS PULLED FROM THE CONSENT CALENDAR
5. TOWING SERVICES CONTRACT
Public Comments:
James Peters, requested individuals first receive a warning prior to towing a vehicle.
Speaker, spoke on behalf of G & W towing and spoke on their commitment with the City.
Faris Hassan, spoke on behalf of Hadley Tow, spoke on the submittal of their proposal and their qualifications, requested the item be delayed to address their proposal, and requested City Council reconsider and add Hadley Tow to the item.
Speaker, spoke on the multiple ways to pay to pick up a vehicle other than cash, requested the tow trucks not to utilize Town Street to get to their tow yard, and spoke on refunds.
81 Minutes – Regular Meeting June 17, 2025 Page 5 of 10 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.
Council Member Reynolds requested to add to the motion to incorporate language for safe traveling on city streets.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the addition.
Council Member Reynolds requested to add to the motion to update the webpage ensuring public information is made available on how to find a vehicle if it is towed, the 24/7 release policy, the right to request a tow hearing, and how to file a complaint.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the addition.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation and include language for safe traveling on city streets and update the webpage ensuring public information is made available on how to find a vehicle if it is towed, the 24/7 release policy, the right to request a tow hearing, and how to file a complaint.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Marr and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
1. City Council approved and authorized the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of private vehicles, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:
· G& W Towing
· MetroPro Road Services, Inc.
· Southside Towing
2. Approved and authorized the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of City owned vehicles and equipment, in an annual amount not-to-exceed $5,000, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:
· G& W Towing
· MetroPro Road Services, Inc.
· Southside Towing
82 Minutes – Regular Meeting June 17, 2025 Page 6 of 10
3. Authorized the City Manager and City Clerk to execute the agreements and future amendments to the agreements.
4. Incorporated language for safe traveling on city streets.
5. Directed staff to update the webpage ensuring public information is made available on how to find a vehicle if it is towed, the 24/7 release policy, the right to request a tow hearing, and how to file a complaint.
6. PROFESSIONAL SERVICES AGREEMENT FOR SOLID WASTE COLLECTION
SERVICES AT CITY FACILITIES
Mayor Stephens recused himself on the item and stepped down from the dais due to campaign contributions received from Ware Disposal.
Public Comments: None.
MOVED/SECOND: Council Member Gameros/Council Member Reynolds MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Reynolds, and Mayor Pro Tem Chavez.
Nays: None.
Absent: Council Member Marr and Council Member Pettis.
Abstain: Mayor Stephens.
Motion carried: 4-0
ACTION:
1. City Council awarded a Professional Services Agreement (PSA) with Ware Disposal, Inc., 1035 E. 4th Street, Santa Ana, CA 92701, for a two (2) year agreement and up to three (3) additional one-year term periods for Solid Waste Collection Services at City facilities for a not-to-exceed initial annual cost of $145,667, and future annual increases equal to or less than the Consumer Price Index (CPI).
2. Authorized a ten percent (10%) contingency annually for emergency response, special events and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation.
3. Authorized the City Manager and City Clerk to execute the PSA and any future amendments to the agreement, only if the rate increase is equal to or less than the annual Consumer Price Index (CPI).
----------------------------------------END OF CONSENT CALENDAR----------------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.
83 Minutes – Regular Meeting June 17, 2025 Page 7 of 10 NEW BUSINESS:
1. ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES
GRANT FUNDING - OCTA
Presentation by Ms. Villasenor, Parks and Recreation Services Manager.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Buley MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Marr and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
1. City Council accepted the Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) grant funding in the amount of $237,600 from Orange County Transportation Authority (OCTA).
2. Authorized a budgetary increase of $237,600 to be funded by the EMSD grant reimbursements.
3. Increased the annual not-to-exceed amount of the current Professional Services Agreement (PSA) with Orange County Yellow Cooperative, Inc, formerly Cabco Yellow, by $200,000 for a total annual amount of $500,000 with an additional 10% contingency.
4. Authorized the Interim City Manager and City Clerk to execute Amendment No. 2 to the PSA and any future changes and amendments to the agreement within Council authorized limits.
2. PROFESSIONAL SERVICES AGREEMENT WITH HOAG EXECUTIVE HEALTH FOR
A WELLNESS PROGRAM
Presentation by Lt. Bradbury.
Public Comments: None.
84 Minutes – Regular Meeting June 17, 2025 Page 8 of 10 MOVED/SECOND: Council Member Reynolds/Council Member Gameros MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Marr and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
1. City Council awarded a Professional Services Agreement (PSA) to HOAG Executive Health to provide a wellness program for a five-year term, effective July 1, 2025 - June 30, 2030, for a not to exceed amount of $150,000 annually.
2. Authorized the City Manager and City Clerk to execute the PSA and any future amendments to the agreement.
3. ADOPTION OF THE AGREEMENTS FOR SUCCESSOR MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA (CITY) AND THE
COSTA MESA POLICE ASSOCIATION (CMPA), THE COSTA MESA POLICE
MANAGEMENT ASSOCIATION (CMPMA), THE COSTA MESA CITY EMPLOYEES
ASSOCIATION (CMCEA) AND THE CONFIDENTIAL UNIT AND THE ADOPTION OF
ACCOMPANYING SALARY RESOLUTIONS
Ex-Parte Communications: None.
Presentation by Ms. Lee Human Resources Manager
Public Comments:
Speaker, spoke on the staff reports fiscal review, the salaries and benefits agreements will be the new baselines, and will be carried forward.
MOVED/SECOND: Mayor Pro Tem Chavez/Mayor Stephens
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Buley, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Marr and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
1. City Council approved and Adopted Agreement for Successor MOU between the City of Costa Mesa and CMPA.
85 Minutes – Regular Meeting June 17, 2025 Page 9 of 10
2. Approved and Adopted Agreement for Successor MOU between the City of Costa Mesa and CMPMA.
3. Approved and Adopted Agreement for Successor MOU between the City of Costa Mesa and CMCEA.
4. Approved and Adopted Resolution Number 2025-20 revising the pay ranges for CMPA.
5. Approved and Adopted Resolution Number 2025-21 revising the pay ranges for CMPMA.
6. Approved and Adopted Resolutions Number 2025-22, 2025-23 and 2025-24 revising the pay ranges for CMCEA.
7. Approved and Adopted Resolutions Number 2025-25, 2025-26 and 2025-27 revising the pay ranges for the Confidential Unit.
8. Approved the Fiscal Impact Analyses.
9. Authorized the Interim City Manager and members of the City’s Negotiation Team to execute the Letters of Agreement documents.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
Mayor Stephens congratulated Coach Goelrich for receiving coach of the year.
ADJOURNMENT – Mayor Stephens adjourned the meeting at 8:21 p.m. 86 Minutes – Regular Meeting June 17, 2025 Page 10 of 10 Minutes adopted on this 15th day of July, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
87 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-365 Meeting Date: 7/15/2025
TITLE:
AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR STORMWATER AND WATER
QUALITY ADMINISTRATION SUPPORT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5335 RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to WSP USA, Inc., 3560 Hyland Avenue, Suite 100, Costa Mesa, California for three (3) years with two (2) one-year renewal periods in an amount not to exceed $164,800 annually, for professional services to provide stormwater and water quality administration support for compliance with the National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) Permit Program.
2. Authorize the Interim City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
BACKGROUND:
California Regional Water Quality Control Board Order No. R8-2009-0030, NPDES No. CAS618030, amended by Order No. R8-2010-0062, along with the County of Orange Drainage Area Management Plan (DAMP) and City of Costa Mesa Local Implementation Plan (LIP), requires permittees (County of Orange, Orange County Flood Control District and incorporated cities of Orange County) to develop and implement programs, plans and policies necessary to reduce the discharge of pollutants to urban storm water runoff and to protect the water quality of the receiving waters. To this effect, the City annually conducts inspections of approximately 250 commercial/industrial businesses, construction site Best Management Practices (BMPs) during construction and post-construction, and responds to illicit discharges.
ANALYSIS:
In coordination with staff from various departments in the City, a scope of work for professional services was developed, and a Request for Proposals (RFP) was posted on PlanetBids. The scope of work under this contract requires the selected consultant to provide the following services:
88 File #: 25-365 Meeting Date: 7/15/2025
· Inspecting industrial/commercial facilities
· Inspecting City fixed facilities
· Reviewing Water Quality Management Plans (WQMPs) for private development projects during design
· Inspecting BMPs during construction
· Updating the City’s (WQMP) inventory
· Coordinating and sharing the WQMP inventory with the County of Orange (Stormwater Tools Program)
· Inspecting approximately 55 post-construction WQMPs annually · Ensuring compliance with upcoming Statewide Trash Provisions · Responding to illicit discharges and connections
· Updating the City’s Local Implementation Plan (LIP)
· Supporting City staff in updating local water quality ordinances, the Annual Program Effectiveness Assessment (PEA) report, and ensuring compliance with Senate Bills · Providing training to city staff
· Providing other services as agreed upon by the City and WSP Two (2) proposals were received for consideration. Proposals were screened for compliance with the City’sRFP and evaluated based on the method of approach, qualifications, experience, staffing, and cost proposal.
To ensure an objective selection process, an evaluation committee was assembled, and all members evaluated proposals independently to assess qualifications and experience to address the City’s needs. After a thorough evaluation of the proposals, the evaluation committee found WSP USA Inc. (WSP) to be well qualified to perform the requested services based on WSP demonstrating the following:
· A thorough understanding of the project
· Substantial experience and technical ability to perform the outlined scope of work · A proven track record of providing inspection services for commercial and industrial facilities for the City in the past
The other proposer, Willdan Engineering, was also qualified by demonstrating:
· Knowledge of key tasks and deliverables
· A qualified team that is knowledgeable and able
· A comprehensive skill set tailored to adherence to the rules and regulations governing NPDES and MS4 permitting
However, based on the cumulative review of proposals by the evaluation committee, it was determined that WSP possessed better qualifications and experience in administering the City’s stormwater quality program. WSP has performed inspection services for commercial/industrial facilities for the City in the past with successful results.
Therefore, staff recommends award of a PSA to WSP (Attachment 1) for three (3) years with two (2) one-year renewal periods in a not to exceed amount of $164,800 annually.
89 File #: 25-365 Meeting Date: 7/15/2025
ALTERNATIVES:
The City Council may elect to reject all proposals, re-advertise, and re-evaluate newly submitted consultant proposals. Staff has determined that doing so will not result in any appreciable quality bidders and does not recommend this action.
FISCAL REVIEW:
Funding for this agreement is available in the Adopted Fiscal Year 2025-26 Operating Budget in the General Fund (Fund 101).
LEGAL REVIEW:
The City Attorney’s Office has reviewed this staff report and prepared the Professional Services Agreement (PSA) and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project supports the following City Council goal:
· Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to WSP USA, Inc., 3560 Hyland Avenue, Suite 100, Costa Mesa, California for three (3) years with two (2) one-year renewal periods in an amount not to exceed $164,800 annually, for professional services to provide stormwater and water quality administration support for compliance with the National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) Permit Program.
2. Authorize the Interim City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
90 CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH WSP USA INC.
THIS PROFESSI
ONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of July, 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and WSP USA INC., a New York corporation (“Consultant”).
RECITALS
A. City propos
es to utilize the services of Consultant as an independent contractor to perform Stormwater and Water Quality Professional services , on an as needed basis, as more fully described herein; and
B. Consultant repres
ents 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 C
onsultant 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 o
r 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, THERE
FORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES
PROVIDED BY CONSULTANT
1.1. Scope of S
ervices. Consultant shall provide the professional services described in City’s Request for Proposals (RFP No. 25-20), attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.
1.2. Professi
onal 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. Performanc
e to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Cons
ultant to review the quality of the work and resolve the matters of concern;
ATTACHMENT 1
91 (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Term
inate the Agreement as hereinafter set forth.
1.4. Warr
anty. 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. No
n-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. CO
MPENSATION AND BILLING
2.1. C
ompensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed One Hundred Sixty -Four Thousand Eight Hundred Dollars ($164,800.00).
92 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “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. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the p arties 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 p arty may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
93 4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of thirty -six (36) months, ending on July 14 th, 2028 , unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two [2] additional one [1]-year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services 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 property damage.
94 (c) Workers’ compensation insurance as required by the State of California.
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 self-insured retention shall be approved in advance by City. No policy of insurance issued as to 95 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:
WSP USA Inc.
3560 Hyland Avenue, Suite 100
Costa Mesa, CA 92626
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 925-4498 Tel: (714) 754-5291
96 Attn: Brent Smith Attn: Derek Wieske
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 performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any 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 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. 97 Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or 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 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, 98 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 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 99 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 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.
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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
__________________________________
Brent Smith, Vice President, Project Manager
CITY OF COSTA MESA
__________________________________ Date: __________________________ Cecilia Gallardo-Daly
Interim 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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RFP25-20.C06401
REQUEST FOR PROPOSAL
FOR
STORMWATER AND WATER QUALITY PROFESSIONAL SERVICES
RFP NO. 25-20
PUBLIC WORKS DEPARTMENT
CITY OF COSTA MESA
Released on
March 19, 2025
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REQUEST FOR PROPOSAL
FOR
STORMWATER AND WATER QUALITY PROFESSIONAL SERVICES
The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified consultants to provide stormwater and water quality professional services on an “as needed” basis. The awarded Contractor, (hereinafter referred to as “Consultant”) 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 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 $189.91 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 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 relevant to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid.
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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 March 19, 2025
Deadline for Written Questions March 25, 2025, at 11:00 a.m.
Responses to Questions Posted March 27, 2025
Proposals are Due April 8, 2025, by 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 at the sole discretion of the City.
a. The consultant must provide five references for projects of similar size and scope that have been completed within the last five years in California.
b. 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.
c. 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.
d. A project team organization chart identifying those who will perform work, and a brief résumé of each team member, including similar type projects in which they have been directly involved shall be included.
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 107
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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 Services 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. A proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner shall be included in the proposal
6. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost- effective operations or increased performance capabilities.
Qualifications & Experience of the Firm : Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are 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 construction management 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. 108
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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.
6. A list of similar projects that your firm has completed within the last five years shall be included in the submitted proposal. Information of the completed projects should include project name and description, agency or client name along with the person to contact and telephone number, year completed, engineering fee, and project construction cost.
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 Include résumés 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. Personnel hourly rates will reflect all costs for office overhead, including direct and indirect costs. The fee proposal shall reflect all anticipated fee increases during the contract duration. Travel time and mileage will not be allowed.
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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.
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.
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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 April 8, 2025. 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 March 25, 2025, 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 on Planetbids.
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 because 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.
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 criterion may also be considered even if not specified below. 111
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1. Project Approach & Methodology ------- 30%
2. Qualifications & Experience of Firm ------- 30%
3. Key Personnel ---- 35%
4. Cost Proposal ----- 5%
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, Presentation, 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 and make a presentation. Interviews/presentations, if held, are tentatively scheduled for the week of May 5th and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626 or virtually at the discretion of the City. The dates are subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview/presentation. 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. 112
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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 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, 113
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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, except for the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all 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 114
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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 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. 115
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APPENDIX A
SCOPE OF SERVICES
FOR
STORMWATER AND WATER QUALITY PROFESSIONAL SERVICES
The City of Costa Mesa (City) is seeking proposals from qualified engineering, stormwater, and environmental firms (Consultant) who wish to be evaluated and considered to provide “as-needed” Stormwater and Water Quality Professional Services. The Consultant will assist the City with achieving or maintaining compliance with the National Pollutant Discharge Elimination System permit (NPDES Permit) issued by the Santa Ana Regional Water Quality Control Board (Regional Board). (California Regional Water Quality Control Board Order No. R8-2009-0030, NPDES No. CAS618030).
Generally, the Consultant shall provide staff augmentation (with at least two days of on-site presence at City Hall) whereby consultant shall assist the City staff with the overall oversight of the City’s Stormwater Program, and on-site staff shall complete the majority of the duties listed below.
A. Inspection of Industrial and Commercial Facilities
Consultant will review database and become familiar with each site prior to inspection. Prior to inspection, consultant will contact property owner via written correspondence.
It is estimated that there will be approximately 250 sites to be inspected each year. To ensure uniformity, an inspection form will be developed and contain at a minimum the following:
Date and time of inspection.
Inspector name.
Facility name, address, SIC code based upon visit.
Approximate size of facility.
Contact name and phone number of property owner.
Lists of BMPs designed at the site and whether they are implemented. Observations and comments.
Corrective actions, if required, along with prioritization of items. Geographical Information System (GIS) data for applicable businesses.
Consultant shall provide inspection notifications to each of the business owners prior to the inspections. Photographs of structures, outdoor storage areas and other applicable areas relating to water quality, along with areas of concern that need correcting, are to be included with each inspection sheet and compiled in final report. An electronic version of the report and inspection form database will be required to be submitted to the City. If structural BMPs are identified that require scheduled maintenance, documentation of such completed or scheduled maintenance will be required to be included in final report. After the inspections, business owners shall be made aware of any deficiencies observed through enforcement notices provided by the consultant.
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B. Inspect City fixed facilities, document findings and follow-up for any deficiencies.
The consultant shall regularly inspect the City’s high priority fixed facilities, based on the frequency outlined in the City’s Local Implementation Plan (LIP) and document the results of those inspections. Approximately 5-10 High Priority Fixed Facilities shall be inspected throughout the City annually.
C. Provide training to City staff.
The Consultant shall arrange and provide at least two training sessions per year based on the requirements of the existing permit (California Regional Water Quality Control Board Order No.
R8-2009-0030, NPDES No. CAS618030) and any subsequent permit renewals to City staff, including but not limited to capital project engineers, development plan reviewers, maintenance staff, development planners, code enforcement officers, public works inspectors and building inspectors.
D. Review WQMPs during Design
The Consultant shall review Water Quality Management Plan documents that have been submitted as a condition of approval for private development projects to verify water quality compliance requirements on New Development and Significant Re-Development projects. This task may include plan checking and approval of water quality calculations, BMP selection, BMP sizing and appropriate water quality documentation including conformance with WQMP Checklist and consistency with the precise grading plans. Approximately 15-25 WQMPs are typically submitted to the City each year, of which 25% are typically Priority WQMPs and the rest are typically Non-Priority WQMPs.
E. Inspect BMP’s during Construction.
The Consultant shall inspect the BMPs during construction for compliance with the Final WQMP.
Approximately 5-10 construction sites with BMPs are typically inspected each year during construction for the High Priority WQMPs.
The Consultant shall also coordinate with City staff (including Building Inspectors) to inspect and document the implementation of temporary BMPs associated with all other Erosion and Sediment Control Plans for all other construction sites that require a Stormwater Pollution Prevention Plan.
F. Update City’s WQMP Inventory and Coordinate with County to Update the Orange County Stormwater Tools Program
The Consultant shall work with the City and County staff to develop an electronic inventory of all WQMP BMPs installed in the City. It is currently estimated that there are approximately 220 BMPs installed throughout the City to date.
G. Inspect Post-Construction WQMPs (requirement 25% annually)
The Consultant shall inspect and document at least 25% of each of the City’s Post-Construction Water Quality Management Plan Best Management Practices (WQMP BMPs) each year. It is 117
RFP25-20.C06401
currently estimated that there are approximately 220 BMPs (on approximately 50 sites) installed throughout the City.
H. Compliance with new Statewide Trash Provisions
Program Management: The Consultant shall take the lead in the development of a new City Trash Provisions Compliance Program, with the goal of full program implementation by 2028.
This will include the effort to include all trash capturing devices in the City into the City’s Geographic Information System and ensure compliance with the State’s new Trash Provisions.
As part of the Trash Provisions Compliance Program, Consultant shall set quarterly status meetings with the City staff to provide updates on all work tasks, prioritize work, and set deliverable dates. Consultant shall prepare an agenda and status update in advance of each status meeting.
Perform On-Land Visual Trash Assessments: The Bay Area Stormwater Management Agencies Association (BASMAA) with funding from the State, has developed a trash model to correlate land use with trash generation rates (TGRs) for both priority land use (PLU) and non- PLU areas. BASMAA further developed the On-Land Visual Trash Assessment (OVTA) methodology to assess trash levels. Consultant shall conduct limited but targeted OVTAs to determine City-specific trash generating rates (TGRs) and compare these findings with BAASMA-modeled TGRs. This analysis is expected to more accurately predict trash loads in the City. Consultant shall investigate viable technology options and present findings to City Staff prior to commencing OVTA field work.
Trash Provisions Program GIS Layer Updates: Consultant shall collaboratively work with City GIS staff. This task shall include periodic (no less than annual) efforts per City direction to incorporate Citywide GIS layer updates into consultant-developed/maintained Trash Provision specific GIS layers. Consultant shall deliver completed portions of consultant-developed layers to City GIS staff for inclusion in City geodatabases. Consultant shall prepare PLU GIS layers and develop PLU trash generation rates. Consultant shall use ESRI GIS shapefile formats compatible with ArcGIS Pro or ArcMap 10.6.1 or higher.
OTHER DUTIES AS ASSIGNED (AS NEEDED)
I. Respond to Reports of Illicit Discharges and Illicit Connections (ID/IC)
The Consultant shall be available during normal business hours to respond to any reports of illicit discharges and shall respond in a timely manner to document the incident and coordinate the cleanup as well as the collection of the cost of cleanups if necessary.
The Consultant shall also be available during normal business hours to respond to exceedances associated with the County’s Monitoring Program and assist City and County staff with tracking the source of any exceedances.
Consultant may assist the City with enforcement including issuance of BMP courtesy notices, notice of violations, and/or administrative citations. Consultant responsibilities may include preparing an administrative citation or notice of violation letter, obtaining the real property information using City resources, and mailing the enforcement letter to the property owner and business owner. Consultant may also issue enforcement documentation such as an 118
RFP25-20.C06401
administrative citation during an inspection. Consultant will conduct follow up inspections as required by the MS4 permit to confirm the violation is resolved.
J. Update the City’s Local Implementation Plan (LIP)
The Consultant shall, if necessary, revise the City’s LIP to include citations of appropriate ordinances, identification of departmental jurisdictions in the implementation and enforcement of these ordinances, and key personnel. The LIP shall include procedures and timeframes for progressive enforcement actions. This shall occur at least once during the contract.
K. Attendance at Stormwater Permittee General Meetings
The Consultant may attend Countywide meetings occasionally when the City staff cannot attend, on an as-needed basis. Assume 3 meetings per year.
L. Update the City’s Water Quality Ordinance
Based on the adoption of a new permit issued from the Santa Ana Regional Water Quality Control Board, the Consultant may be needed to assist the City staff with an update of the City’s current Water Quality Ordinance, and implementation of any new inspection fees.
M. Preparation of Annual Program Effectiveness Assessment (PEA) Report
The Consultant shall assist City staff with the completion of the City’s Annual Program Effectiveness Assessment (PEA) Report, also known as the Annual Report. This is estimated to be approximately 40 hours per year.
N. Ensure Compliance with Senate Bill (SB) 205 / 891
The Consultant shall assist City staff with ensuring compliance with its business licensing division and other departments in full compliance with SB 205 / 891 and all applicable Federal and California stormwater regulations.
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RFP25-20.C06401
APPENDIX C
FORMS
Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution
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EXHIBIT B
CONSULTANT’S PROPOSAL
121
City of Costa Mesa
NPDES | STORMWATER AND WATER
QUALITY PROFESSIONAL SERVICES
TECHNICAL VOLUME
April 8, 2025
122
Table of Contents
A. Cover Letter .................................................................................................................................................................... 3 B. Background and Project Summary Section .................................................................................................... 4 C. Project Approach and Methodology .................................................................................................................... 5 D. Qualifications & Experience of the Firm .......................................................................................................... 15 E. Financial Capacity .................................................................................................................................................... 22 F. Key Personnel ............................................................................................................................................................ 22
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A. Cover Letter
April 8, 2025
City of Costa Mesa
Mr. Derek Wieske
77 Fair Drive, 4
th Floor
Costa Mesa, CA 92626
Subject: Proposal for NPDES Program Management and Inspection Services
Dear Mr. Weiske,
WSP USA Inc. (WSP) would like to thank you for the opportunity to submit a proposal for Stormwater and Water Quality
Professional Services for the City of Costa Mesa (City). The WSP Team has a full range of capabilities required to provide the scope of services listed in this Request for Proposal (RFP) and is uniquely qualified to assist the City given our extensive work history with southern California municipalities, includi ng the City.
WSP’s southern California offices are staffed by more than 400 profess
ional planners, biologists, scientists, and engineers. Our Costa Mesa, CA office is less than 5 miles from Costa Mesa City Hall and has been designated as the project management location for this contract (address and phone number above) .
WSP has had a record of success working with the City since 2007. Our long history includes supporting the City’s stormwater program and working as an extension of the City’s staff.
The proposed key team members, as well as numerous other staff members within our organization will
be immediately available to perform the described professional services. Brent Smith, proposed Project Manager, is authorized to negotiate a binding contract on behalf of WSP and the parties named in this proposal. We thank you for the opportunity to continue our support.
Sincerely,
WSP USA Inc.
Theodore Von Bitner, PhD Brent Smith,
Vice President Vice President, Project Manager
The WSP Team Advantage:
Local team with decades of
experience led by a proven
Project Manager
Environmental compliance is our
core capability
Decades of successful on-call
contract service history
Proven methodology
Commitment to QA/QC
Knowledge of local environment
WSP Costa Mesa Office
3560 Hyland Avenue
(949) 642-0245
wsp.com
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B. Background and Project Summary Section
This summary section includes a brief WSP firm profile and highlights our understanding of the City of Costa Mesa (City), experience with work to be done, and objectives to be accomplished.
WSP Firm Profile
WSP is a global leader in consulting and engineering across the energy and built environment. We provide consulting, projects, and operations solutions in more than 40 countries, and employ approximately 23,000 people. WSP has provided more than $65 million in storm water compliance, engineering, and design services in California over the past five years alone. WSP’s stormwater compliance and water quality professional services are a core capability.
WSP Understanding of the City
Our project team has worked as an extension of the City staff since 2007. Our project team has a thorough understanding of the City’s municipal code, departmental structure, and internal procedures and protocols. The key personnel proposed to work on this project have a strong working relationship together and with the City. Because our expertise and previous experience with the City, we won’t have a “learning curve” related to the tasks requested in the RFP, which will provide efficiencies and cost savings that we believe is a key benefit to the City.
As a recent example of our understanding of the City, WSP assisted the City with a Santa Ana Regional Water Quality Control Board (SARWQCB) audit in 2023. The WSP Team met with each City department prior to the audit, completed inspections at fixed facilities, prepared trainings to City staff, and filled in some of the data gaps prior to the audit. During the audit, WSP presented on several of the City’s programs and assisted with interview responses. Our project team has a long history working with several of the City’s NPDES program managers over the last 18 years, so our team is uniquely qualified in understanding the City and having the expertise to manage these programs.
In addition to understanding the City, WSP’s T eam knows the industrial and commercial facilities that operate in the City. Our work with in the City over nearly two decades limits the number of facilities that might deny access or require the presence of City representative since these facilities see the WSP team as an extension of City staff. Facilities are also more responsive to our requirements to address BMP deficiencies and address prohibited discharges since many of the facilities know our inspection staff.
WSP Understanding of the Scope of Work
WSP has a proven track record of providing high- quality, efficient services for NPDES program management and inspection services for cities and counties throughout southern California. We have provided Phase I Municipal Separate Storm Sewer System (MS4) permit compliance consulting services for over 22 years under the Orange County MS4 permit. We also have extensive experience implementing relevant statewide general permits (i.e., Construction General Permit (CGP) and Industrial General Permit (IGP)), in land development water quality management plan (WQMP) development and review, facility construction and post-construction BMP inspections, and have led countless pollutant source investigations and special studies. As some of these services may be more efficiently completed at the City’s Public Works offices, WSP proposes to provide these services to the City through a combination of on -site and remote support. Our Costa Mesa office is located less than 5 miles from City Hall, allowing us to be available on very short notice. In addition to on- call on-site support, WSP can also provide regularly scheduled in- person support 125
staff at City offices to further improve the efficiency of our services. Our understanding of the scope and the envisioned methods for providing technical support under each service area is described in detail in the following sections.
Objectives to be Accomplished
WSP understands the City’s goals to maintain compliance and implementing a program that improves surface water quality in downstream receiving waters . With a collaborative network of engineers, scientists, inspectors, project managers and administrative staff, we apply real world experience, focused creativity, innovative technologies and customer focus to deliver solutions from simple design corrections for compliance to addressing complex infrastructure challenges to improve surface water quality. Our experience and ability to provide services for all tasks described reduces administrative burden and costs for the City related to use of multiple consultants/subconsultants, while providing a dedicated point of contact to coordinate and complete requested tasks in a consistent, high quality, and efficient manner.
C. Project Approach and Methodology
Our proposed work plan is described in the section below. Our approach is based on years of experience completing this same type of work and developing efficiencies/knowledge needed to meet the MS4 Permit requirement and subsequent deadlines while providin g business -friendly support to the City.
Inspection of Industrial and Commercial Facilities
Our project team will conduct field inspections of
commercial and industrial facilities to assess
compliance with local water quality regulations and
appropriate BMPs. As identified in the RFP, we have
assumed 250 inspections per year will be required. Our
staff is thoroughly familiar with the City ’s inspection form as well as the web- based application and
database, has gone through our extensive training
program before performing solo inspections, and is
knowledgeable of the City’s procedures for
enforcement. Our extensive training program is based
on the County’s core competencies program for
municipal, industrial, and commercial inspectors. Our
training program also includes 40- hour safety training and 40 hours of field training with a senior NPDES inspector. Every inspector on the project will have documentation that they have met WSP’s extensive training program requirements based on these core competencies.
WSP also has an extensive QA/QC program, which includes having a senior inspector review each inspection record. The review process is documented in the City’s web- based application. We understand the reports generated under this program are public documents. The reports generated through the City database will be complete and reflect conditions observed during the inspection.
For the inspection program, our project team proposes the following protocols for announcing our inspections to the industrial and commercial facilities. For IGP sites, the facilities are familiar with
Industrial/Commercial Inspections –
WSP’s team documenting cleaning
efforts at an industrial facility in Santa
Ana.
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the inspection programs. We will call the site representatives to schedule the site visit. If the facility does not respond or schedule the site visit, W SP will complete a walk-in inspection since many of these facilities will recognize our inspectors and are knowledgeable of the City inspection program.
Our inspection staff will schedule the inspection with the facility representative in the event they are not available during the walk-in inspection and the inspector will move on to the next facility. Written notification can be provided, if necessary. For other industrial and commercial facilities, our costs include providing bilingual inspection announcement letters (English/Spanish) to notify businesses of the upcoming inspection. We have assumed the letters will be prepared and sent by our in-house support staff using the resources at City Hall. Once alerted, we will complete the inspections within a month. This approach is business-friendly, providing the business an opportunity to schedule the inspection. Our inspection team also uses the letter for our introductory discussion to obtain access to the facility. WSP staff will also have business cards available, and our inspectors are dressed in business casual attire to serve as representatives of the City.
To facilitate efficiency and reduce travel time between inspections, inspectors will group daily inspections by geographic location. For major streets, we separate our inspections by odd and even street numbers. In addition to travel efficiencies, our inspectors are proficient at explaining the inspection program to obtain access. The initial discussion can result in a good or bad impression with these facilities, sometimes resulting in additional time explaining the program. Our training program works with the inspectors on how to make a good impression and to clearly explain the inspection program. This training program reduces the chances a facility denies access or contacts the City to ask questions about the inspector.
Our inspectors are also equipped with a field inspector “tool box” that includes appropriate BMP fact sheets to provide to businesses and an iPad to complete the mobile component of data collection.
Information includes BMP handouts and pamphlets, BMP guidance materials, and fact sheets such as the IGP coverage and No Exposure Certification Fact Sheet. The iPads are used to record the information during the inspection. Inspectors complete most of the form during or immediately after the site walk. The forms are submitted using the web-based application and the record is updated in our database for real-time access by the City. Each inspector has a chance to QA/QC their work prior to submittal and final review by our senior inspector.
In addition to the inspection form, WSP will have a courtesy notice that is provided to each facility.
The courtesy notice will notify the facility of any deficiencies observed and provides proof of notification. The proof of notification is anticipated to be a requirement in the next MS4 Permit. A copy of the courtesy notice will be uploaded to the web-based application as part of each inspection record.
During the inspection program, there will be cases of unauthorized discharges observed during the inspection and evidence of poor BMP implementation. Our inspectors will act on the City’s behalf to help manage the response to these cases. Our inspectors will provide a notification via email within 24 hours for discharge cases that do not pose a threat to human health or environment. The City will be immediately notified for cases that may pose a threat. Our project team will track the follow- up status and enforcement on these cases until they are properly documented and the case is closed.
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Proposed Schedule for Industrial/Commercial Inspections Tasks/Anticipated
Approach
Start
Date
End
Date Personnel Involved (Notes)
Inventory update 1-Sep 15-Sep Brent Smith
Kick-off Meeting 1-Oct 1-Oct City representatives & WSP team Update announcement
letters 1-Oct 1-Oct Cailey Hoff (WSP In-house Support)
Send announcement
letters in batches 1-Oct 15-Apr
Mike Lowther & WSP administrative staff
(Letters will be sent in batches between the
period specified)
Inspections/re-
inspections are
performed (assumes
250 inspections/year)
15-Oct 30-Jun
NPDES inspectors (1-2 inspectors) typically
complete inspections with multiple backup
inspectors available.
Enforcement
discussions/phone calls 1-Oct 30-Jun NPDES inspector involved, Mike Lowther and/or Brent Smith
Senior review of forms 1-Oct 30-Jun Brent Smith & Mike Lowther (Forms are reviewed within five business days)
Prepare/submit draft
quarterly report to City
1-Oct
1-Jan
1-Apr
1-July
6-Jan
4-Apr
6-July
3-Oct
Cailey Hoff & Mike Lowther to prepare City
quarterly report
Update commercial
inventory
6-Jan
4-Apr
6-July
3-Oct
6-Jan
4-Apr
6-July
3-Oct
Brent Smith (This task does not re-prioritize the
inventory or officially add businesses to the
inventory for compliance reasons)
Prepare PEA Draft
County Excel tables and
Chapter 9 Report
1-July 31-Aug
Brent Smith & Mike Lowther (draft submittal will
be completed well before the deadline; task
performed around July or August)
Prepare PEA Final
Report (Chapter 9) 15-Sep 15-Sep Cailey Hoff & Brent Smith Innovative Solutions, Efficiency, and Safety
WSP uses iPads and a WSP prepared web-application built for the City to complete the inspection program. This web-application streamlines data input and photos to maximize efficiency. WSP also has a robust safety culture. Our team has completed over 25,000 industrial/commercial inspections in southern California since the inception of this inspection program and we have not had one safety- related accident. As indicated in the RFP, WSP’s staff assigned to provide staff augmentation will perform the majority of industrial and commercial inspections and assist with enforcement of cases.
We have assumed WSP staff will check -in at City Hall for urgent tasks prior to completing inspections in the field.
Inspect City Fixed Facilities, Document Findings, and Follow-up for any Deficiencies WSP will inspect the City’s high priority municipal fixed facilit ies and document the results on municipal activities program general inspection form or form identified in the City’s local implementation plan (LIP). If deficiencies are observed, WSP’s inspector will work with the Fixed Facility Manager to address the issue and WSP will document the correction. WSP inspectors are 128
trained under the County’s core competencies program for municipal, industrial, and commercial inspectors so any deficiency noted would be consistent with Model Municipal Program.
Proposed Schedule for Fixed Facility Inspections
As identified in the RFP, we have assumed 5-10 inspections per year will be required. WSP will complete the inspection using the staff assigned to work at City Hall. We have assumed WSP staff will check-in at City Hall for urgent tasks prior to completing inspections in the field.
Tasks/Anticipated
Approach
Start
Date
End
Date Personnel Involved (Notes)
Inspections at High
Priority Fixed Facilities 4-Apr 30-Jun Cailey Hoff & City representative (Fixed Facility Manager)
Provide Training to City Staff
WSP staff have been providing NPDES training services in southern California for several decades.
Several local WSP staff are Industrial General Permit Trainers of Record (IGP ToR) and have trained WSP and client staff to become certified Qualified Industrial Storm Water Practitioners (QISPs). WSP training presentations provided for municipal, industrial, and construction target audiences typically provide an overview of relevant NPDES permit requirements, common issues, and BMPs that should be implemented. We have conducted annual NPDES MS4 trainings for the City and can build on these materials to develop individually crafted presentations to match the tone, themes, and message desired by the City.
WSP staff have completed many of the County’s Drainage Area Management Plan (DAMP) model programs trainings , including the Industrial/Commercial Inspector Training, Illicit Discharge and Illegal Connection Training, and Post -Construction BMP Inspection Training. In fact, every WSP inspector completes an extensive training program based on the Orange County Stormwater Programs core competencies program for municipal, industrial, and commercial inspectors. As the County’s model programs are updated to reflect changes in new pending MS4 permits, WSP will track these changes and attend any additional proper or pertinent trainings provided by the County.
Proposed Schedule for Training City Staff
As identified in the RFP, we have assumed at least two trainings per year will be required. The training presentations will be updated by WSP staff while working at City Hall with minor updates completed by WSP’s Project Manager.
Tasks/Anticipated
Approach
Start
Date
End
Date Personnel Involved (Notes)
City Trainings 4-Apr 30-Jun Cailey Hoff, Brent Smith, City Staff
Review WQMPs during Design
WSP staff have an in -depth understanding of the County’s New Development/Re- Development Standards and Technical Guidance Document (TGD). Our team routinely provide engineering services for grading and drainage projects associated with site development and redevelopment, and stormwater BMPs (first flush treatment, green infrastructure, etc.), making us well suited for the review of such projects. WSP’s engineers have experience with a wide range of civil engineering projects and can collaborate and confer with developers on designs for detention and retention 129
ponds, drainage swales, culverts, underground storm drain systems, hydraulic modification considers, and overall site grading considerations for new and redevelopment projects. We are experienced water quality engineers and are familiar with the necessary coordination between grading and drainage design and stormwater quality analysis and design and understand the range of local regulations, state regulations and federal regulations to find the best solution to project water quality issues.
Our team has reviewed hundreds of WQMPs for Orange County projects. For this task, our staff at City Hall will complete the initial effort on the City’s WQMP Checklist, verify consistency with the precise grading plans, and complete a preliminary review of the water quality calculations. After completing the initial effort on the completion of the City’s WQMP Checklist, our staff will submit the document for final engineering review. Our initial effort will streamline our engineering effort by coordinating our engineering resources with our WSP support staff at City Hall.
Proposed Schedule for WQMP Reviews
As identified in the RFP, we have assumed at least 25 WQMPs per year will be reviewed. Our WSP staff at City Hall will be responsible for reviewing non-priority WQMPs while at City Hall. Additional effort has been included for reviewing five Priority WQMPs includ ing engineering effort for responding to the Developers or City staff for WQMPs that may be deficient. WQMP reviews will be initiated immediately during scheduled hours working at City Hall. Additional engineering reviews will typically be completed within one to two weeks of the submittals.
Inspect BMPs during Construction
WSP has provided hundreds of WQMP verification inspections during the construction phase of work for several Orange County cities including Anaheim, Santa Ana, Laguna Niguel, and San Juan Capistrano. During our typical verification inspection, WSP verifies that the structural treatment control BMPs were installed in accordance with the WQMP and grading plans, flow patterns are reviewed to confirm that stormwater is directed to the structural treatment controls as intended, and elevations are reviewed to assess storm water detention.
During the construction phase, our inspectors are also assessing potential impacts to the structural treatment controls BMPs installed and confirming the erosion and sediment control BMPs are implemented per the erosion and sediment control plans. Our in-house support staff will work with Public Works and Building Inspectors. Our team also has QSD/QSPs available to lead inspections and have a reputation for swift responses to meet client needs for construction inspection support.
Considering our office is l ocated in the City (and less than five miles from City Hall) , we can have QSD/QSPs available quickly to support the City’s compliance programs when Building Inspectors require additional support.
Proposed Schedule for Construction Inspections
As identified in the RFP, we have assumed at least 5-10 WQMP sites will require inspection. Our WSP’s support staff at City Hall will be responsible for completing the required inspections with assistance from WSP senior staff within our Costa Mesa office. We assume senior staff will complete some of the initial inspections identifying key features and issues based on the structural treatment control selected. We have assumed the inspections and any enforcement will occur during the scheduled days for our staff at City Hall.
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Update City’s WQMP Inventory and Coordinate with County to Update Orange County Stormwater Tools (OC Stormwater Tools) Program
Orange County Public Works has been encouraging cities to on- board to OC Stormwater Tools , a web -based countywide
stormwater BMP inventory, planning, and water quality model tool. The web- based platform provides a uniform stormwater asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfill MS4 Permit reporting requirements replacing the current cumbersome reporting methods. WSP has assist ed several clients with this process and are familiar with the challenges that on-boarding my present and the software quirks of the still evolving. It is our understanding that the City currently has a backlog of entries to OC Stormwater Tools . For this task, WSP will work with the County to upload entries in to OC Stormwater Tools. WSP will complete research on the City -owned and privately-owned stormwater treatment devices prior to providing information to the County or adding the sites into the system.
Research may include reviewing the WQMPs and grading plans, verifying records associated with the projects, reviewing Google Earth imagery, and site inspections prior to updating the WQMP Inventory and OC Stormwater Tools. If WQMP site inspections are performed, they will be conducted as part of the Post -Construction BMP inspection under the next task.
Proposed Schedule for WQMP Inventory and OCST Support
OC Stormwater Tools and inventory updates will be completed primarily by support staff at City Hall based on the following schedule.
Tasks/Anticipated
Approach
Start
Date
End
Date Personnel Involved (Notes)
Gather WQMPs,
supporting
documentation, and
review
1-May 30-Jun Cailey Hoff (WSP In-house Support), City
representatives
Discuss on-boarding with
County and submit
documentation
1-July 1-Oct Cailey Hoff (WSP In-house Support), County representatives
WSP to update OC
Stormwater Tools and
City WQMP Inventory
1-July 1-Oct
Cailey Hoff (WSP In-house Support). Some
updates will be pending field inspection
observations under the next task
Inspect Post-Construction WQMPs
Our team has reviewed hundreds of WQMPs for Orange County projects and is currently providing WQMP verification and BMP maintenance inspections for several Orange County cities. During our typical verification inspection, WSP verifies that the structural treatment control BMPs are installed
WSP’s team conducts O&M
inspections of structural
treatment control BMPs and
obtains documents supporting
that the BMPs are operational
and maintained.
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in accordance with the WQMP and grading plans, flow patterns are reviewed to confirm that storm water is directed to the structural treatment controls as intended, and elevations are reviewed to assess storm water detention. WSP understands several of these BMPs were self -verified by the developers. WSP staff will confirm that the BMPs were installed. Based on our experience, there may be projects that were not installed per plan, may have been modified, or maintenance hasn’t been performed per the WQMP. WSP has worked with private owners to resolve these issues.
Proposed Schedule for Post-Construction WQMP Inspections Tasks/Anticipated
Approach
Start
Date
End
Date Personnel Involved (Notes)
Post-Construction BMP
Inspections and
Enforcement
1-July 1-Oct
Cailey Hoff (WSP In-house Support) and Mike
Lowther. Assumes information is gathered and
prepared under the task above. Mike Lowther
will assist with confirming issues identified and
provide senior support during any enforcement
case
Compliance with Statewide Trash Provisions
Program Management
WSP has been leading the compliance effort for the Statewide Trash Provisions (also referred to as the “Trash Amendments”) within Orange County. From the onset, WSP worked on behalf of several Orange County cities to create an ad hoc trash committee, provided num erous presentations on track selection within southern California including presentations to the Orange County cities and at a Riverside County workshop, and led efforts to develop a land substitution guidance document.
We continue to be a leader in identifying cost-effective pathways to comply with the Trash Provisions requirements.
Our extensive experience working with Orange County cities means we are familiar with the landscape and understand the challenges presented by the Trash Provisions requirements. Our staff have developed several technical reports showing various compliance scenarios for multiple cities. We were also the lead author through a contract with the County of Orange to develop a Trash Provisions Land Substitution Guidance Document. Based on our extensive experience, our team is currently leading the effort in providing comments related to trash provision compliance under the Santa Ana RWQCB’s Regional Phase I MS4 Permit. We understand the balance between having a flexible approach to having a clear compliance pathway outlined in the MS4 permit.
Our team also has extensive knowledge of preparing city compliance strategies. We have prepared several Trash Provisions Implementation Plans with defined specific actions to be completed by cities. The plan s included current progress on program development, including mapped Priority Land Use (PLU) areas and modeled trash generation rate adjustments, catch basin inlet delineated drainages, land use layer updates, preliminary land use substitution findings, and recommendations. The implementation plans are updated for the City to provide a clear picture of the projected trash load remaining. These items are described further below. 132
On-Land Visual Trash Assessments (OVTAs)
WSP understands the City’s goal of
meeting the Track 1 compliance.
Because of direct connections on
private property (i.e., land areas that
drain directly into the MS4 of the City
bypassing City municipal catch basins
or any Full Capture Systems (FCS)
installed to capture trash), OVTAs are
one method to improve compliance and
still maintain Track 1 compliance
through a substitution strategy.
The Bay Area Storm Water Management Agencies Association (BASMAA) developed a trash model that correlates different land uses with Trash Generation Rates (TGRs) for both PLUs and non-PLU areas and further connects these TGRs with an OVTA score that can be verified through field monitoring. This model will ultimately be used for land substitution under the Track 1 compliance strategy.
WSP will complete two rounds of OVTA surveys to verify baseline TGRs. Based on OVTA survey results completed for other cities, we believe City land use TGRs will be considerably different than BASMAA modeled TGRs and the OVTAs will reduce the overall compliance trash load. OVTAs require a two-person team. We have assumed the OVTA will occur during the scheduled days for our staff at City Hall and a Public Works inspector can be trained and assist with the inspection. The OVTA survey results will be uploaded into the GIS layer under the following task.
Trash Provisions Program GIS Layer Updates
WSP’s GIS team is also uniquely qualified for this work. Our GIS manager for trash provision compliance is Mr. Kacen Clapper. Kacen also has extensive expertise with the Trash Provisions and storm water regulatory compliance. He has trained several of our GIS support staff on Trash Provisions support tasks, including automated delineations, refinement of drainages to include structures not reflected in digital elevation models
(DEM), direct connection assessments, and
modeling of land use TGR.
Delineation of Drainage Areas and Direct
Connections
The goal of this task is to: 1) identify City catch
basins that receive runoff from PLUs and select
equivalent Alternative Land Uses (ALUs); 2)
provide more accurate ways to document runoff
from City PLUs and areas that will be served by
FCS to meet future annual report requirements;
3) confirm locations not captured by FCS
requiring land substitution; and 4) obtain potential
future Orange County Transportation Authority
WSP has assisted the City of Santa Ana with
preparation of TGR maps to support the land
substitution compliance strategy and trash
load calculations.
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(OCTA) grant funds (as part of the selection process). WSP has completed these delineations for several local clients, including the cities of Santa Ana, Irvine, Anaheim, Garden Grove, San Juan Capistrano, Laguna Beach, Laguna Niguel, Dana Point, and San Diego.
Our approach includes automating the delineation process and performing a subsequent refine
ment. The initial task includes a desktop GIS analysis to develop a digital elevation model (DEM) based automated drainage delineation. This automated drainage layer saves time and provides a starting point for the subsequent refinement process. WSP recommends the subsequent refinement of drainages to account for structures that may affect drainage flow that are not reflected in the bare-earth DEM. WSP assumes this task will be completed after the initial assessment using a combination of our in-house support staff and WSP GIS staff.
Trash Generation Rate Calculations
WSP will prepare the initial TGR maps for the City and adjust the TGRs based on the OVTA findings. WSP assumes TGR maps will be updated based on additional OVTA findings to further strengthen findings and periodic verification will be needed based on the new MS4 permit requirements. After the adjustments are made, WSP will be prepare the TGR calculations. Our extensive history supporting this task for multiple clients demonstrates there will be no “learning curve” related to this task.
Proposed Schedule for Statew ide Trash Provisions
Statewide Trash Provisions work will be completed by support staff at City Hall and WSP GIS Support staff based on the following schedule.
Tasks/Anticipated Approach Start
Date
End
Date Personnel Involved (Notes)
GIS Support
- Generate Trash
Compliance Maps (PLU
and TGR)
- Assign OVTA Target Areas
1-July 1-Oct WSP GIS Team
On-land Visual Trash
Assessments 1-Oct 1-Feb Cailey Hoff (WSP In-house Support), City representative
Prepare Compliance
Presentations for City
managers
1-Feb 30-Apr
Cailey Hoff (WSP In-house Support),
WSP GIS (Katelynn Webb), Brent Smith,
City representative
Implement Plan based on
compliance status 2026 2028 As needed support
Other Duties as Assigned (As Needed)
Respond to Reports of Illicit Discharges and Illicit Connections (ID/IC) The City implements a program to actively detect and eliminate illegal discharges and illicit connections to the storm drain system. In addition to the proactive detection identified through County led outfall monitoring or City led facility inspections or special studies, a large portion of city investigations are in response to water pollution complaints or reported incidents. WSP staff have been trained using the Orange County Investigation Guidance Manual developed by Orange County Copermittees to provide a consistent approach and fundamental techniques that should be followed 134
during investigations. Each investigation must be thoroughly documented and discharges that present a significant threat to the environment must be immediately reported and remediated as quickly as possible.
WSP has provided these types of investigation services to several Orange County cities and understands the process for investigation, the resources available to assist the City with addressing and eliminating the discharge (i.e., pollution response implementation agreement, Countywide Area Spill Control program, Orange County Health Care Agency, Orange County District Attorney’s office, Environmental Protection Agency), and the procedures for required reporting to local and State agencies. If WSP assistance is requested, we will respond as quickly as possible . Typically, we have the ability to rearrange work assignments and respond within 1- 2 hours. While we have staff at City Hall, we’ll be able to shift work responsibilities immediately. Additionally, with City staf f authorization we can request additional support through the County Water Pollution Response Unit for a timely response and protection of downstream receiving waters.
Update the City’s Local Implementation Plan (LIP)
WSP has extensive experience updating City LIPs for several Orange County cities. Our in- depth knowledge of the County’s MS4 permit, along with our understanding of the City’s departmental structure and responsibilities provide the experience and insight necessary to perform an effective and efficient update of the City’s LIP. WSP’s support staff at City Hall can complete the LIP update task upon City approval or based on availability while at City Hall.
Attendance at Stormwater Permittee General Meetings
We understand the City may need support attending County/Co- permittee meetings; Ad Hoc Subcommittees such as Local Implementation Plan (LIP)/Program Effectiveness Assessment (PEA), Trash Amendments, or Caltrans Municipal Coordination meetings; SARWQCB/SWRC B meetings, and/or other NPDES related events such as California Storm Water Quality Association (CASQA) quarterly meetings and conferences. We have provided this type of meeting support to the City as well as a number of Orange County cities. We regularly attend technical and regulatory meetings on behalf of our clients and provide feedback/information, as requested. Our extensive experience with the TMDL , LIP, regulatory compliance inspections, public education, trash and debris, and water quality monitoring programs gives us the ability to translate the technical issues into program recommendations. We are familiar with the challenges that the City may face in managing these various regulatory requirements. We also have the historical background on past requirements that can be critical when making recommendations or proposing changes. When necessary, WSP has provided concise, technically clear written summaries of the meetings and offer our recommendations to the City as part of the deliverable required under this task.
Update the City’s Water Quality Ordinance
WSP understands the implications of the new permit. WSP’s in-house support has assisted with review of City Water Quality Ordinances. Our staff can also assess the implementation of new inspection fees with the assistance of senior staff. WSP also has experts that have assisted cities with implementation of new stormwater fees.
Preparation of Annual Program Effectiveness Assessment (PEA) Report WSP’s proposed team has assisted cities with the PEA since 2003. Our support has significantly grown since 2003 as the complexities of the permit have expanded along with our role in supporting various City PEA reporting efforts. Our staff has closely worked with many of city departments on 135
this task. Because of our previous work for the City including the audit support and review of past annual reports, our team will have no learning curve on assisting with this important task.
For this as needed support task, we anticipate having regular meetings and phone calls with the City project manager throughout the PEA reporting process to provide updates in regards to short comings or to provide information on the data gathered. WSP’s team also anticipates changes to the PEA templates to include the trash amendment requirements once the new MS4 permit is adopted. Our team’s involvement with the trash provisions will ease the burden on the City staff by planning ahead to address future compliance and reporting requirements. WSP assumed we will continue to complete Section 9, Existing Development under the task above.
Ensure Compliance with Senate Bill (SB) 205 / 891
Senate Bill 205 (SB205) was signed by Governor Gavin Newsom on October 2, 2019 and became effective January 1, 2020. SB205 added sections 16000.3 and 16100.3 to the Business and Professions Code and section 13383.10 to the Water Code, and requires a person applying to a city or county for a new or renewed business license to demonstrate enrollment in a National Pollutant Discharge Elimination System (NPDES) storm water permit, if such a permit is required.
Senate Bill 891 (2022) effective January 1, 2023, amends sections 16000.3 and 16100.3 of the Business and Professions Code, and amends Sections 13260 and 13383.10 of the Water Code, to include applications for new or renewed “instruments or permits equivalent to business licenses.”
For the City, SB205/891 is handled by Finance and Planning Departments. Prior to the issuance or renewal of a business license, applicants complete a SB205 form and City determines whether any of the primary Standard Industrial Classification (SIC) codes provided by the business are potentially regulated by the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial General Permit). SB205 requirements have been added to the draf MS4 permit including a new semi-annual reporting requirement. While SB205 is not part of the current MS4 permit, the requirements have been discussed during some of the other City audits.
For this scope of work, WSP will review the City’s process for complying with SB205/891, assist with any changes needed to comply with the future requirements, develop a training program for City staff, and will complete one training for the City’s team responsible for implementing the requirements under SB205/891.
D. Qualifications & Experience of the Firm
Construction Management Services Relevant Experience
In addition to the relevant experience, qualifications, and technical expertise managing stormwater programs, WSP has more than 20 local professionals supporting construction storm water permitting and construction management services. We have been providing these services to both public and private sector clients throughout southern California for over 30 years. Over the past two decades our capability to provide these services has been built on securing contracts with many notable clients such as John Wayne Airport, SDG&E, Imperial Irrigation District, San Diego International Airport, Caltrans, US Naval Facilities Command Southwest Division, Ports of San Diego and Long Beach, Panoche Valley Solar Plant, Los Angeles Engineering Inc., cities of Anaheim, Santa Ana and National City and County of Los Angeles. Our staff routinely review construction compliance documents such as SWPPPs, ESCPs, and WPCPs. We have QSD/QSPs available to lead inspections and have a reputation for swift responses to meet client needs. 136
Our approach to providing construction management services is to be proactive and establish expectations with developers and contractors early in the construction process. We intend to work closely with public works staff and building inspectors based on City needs under any construction management project. We have found that clear and upfront communication with private developers helps properly address and corrections needed in a timely manner.
Organization’s Qualifications
WSP’s stormwater compliance and water quality professional services are a core capability. WSP believes our detailed proposed work plan described above, example projects below, and references demonstrate our commitment to providing high-quality, efficient services for NPDES program management and inspection services and make WSP uniquely qualified to continue our work with the City.
Corporation Information
WSP USA Inc.
One Penn Plaza, 4th Floor
New York, NY 10119
Andrew J. Lynn
Vice President
WSP USA Inc.
Hillary Jassey
Secretary
WSP USA Inc.
State of Incorporation: New York
Date of Organization: 1883
Local Office Information
WSP USA Inc.
3560 Hyland Avenue
Costa Mesa, CA
Length of Time Performing Similar Services to Orange County Cities: 22 years
137
List of Current Contracts & References
Agency Name Contact Person Description of Services Provided and Length of Service
City of Santa
Ana
Craig Foster
NPDES Manager
714-647-5659
[email protected]
NPDES Compliance Services:
Inspections, Trash Amendments
Planning, TMDL Compliance, illegal
discharges and illicit connections,
Annual Reporting
Length of Service: 21 Years
City of
Anaheim
Public Works
Administration
Keith Linker, PE, CPSWQ, QSD
Principal Civil Engineer
[email protected]
714-765-4141
NPDES Compliance Services:
Inspections, Trash Amendments, illegal
discharges and illicit connections,
Annual Reporting
Length of Service: 22 Years
City of Laguna
Niguel
Jeremy Hohnbaum
Engineering Services Manager
949-362-4317
[email protected]
Program Management, Meeting Support,
Technical Advisor (Bacteria TMDL,
Trash Amendments Planning), Special
Studies, Grant Administration, Plan
Check Services, Wetlands Program
Management, LIP/WQIP Annual
Reporting
Length of Service: 9 Years
City of Irvine Thomas Lo
Community Development Officer
949-724-6315
[email protected]
Program management; trash
amendments
Length of Service: 4 years
City of Costa
Mesa
Seung Yang
City Engineer
714-754-5633
[email protected]
Program management, industrial /
commercial; audit support
Length of Service:18 years
138
Table lists project experience covers numerous examples of the projects similar in scope, complexity, and regulatory compliance implications as would be expected by the City.
Table 2: The WSP Team’s Local
Experience and Strong Qualifications
Match the Contract Needs
Program Management
Training and Audits
Committee Meetings
Ind/Comm Inspections
Fixed Facility Insp.
WQMP Reviews
During Construction Insp.
WQMP Inventory Updates
O.C. Stormwater Tools
Post Const. WQMP Insp.
Trash Amendments GIS
OVTA Trash Assessments
ID/IC
LIP/JRMP Updates
Water Quality Ordinance
PEA
SB205/891
Client (WSP Partners) MS4 Permit Compliance & Reporting City of Costa Mesa • • • • • • • • •
City of Anaheim • • • • • • • • • • • • • • • • •
City of Santa Ana • • • • • • • • • • • • • • • • •
City of Irvine • • • • • • • • •
City of Garden Grove • • • • • •
City of Laguna Niguel • • • • • • • • • • • • • • • •
City of Laguna Hills • • • • • • • • • • • • • • •
City of Dana Point • • • • • • • • • • •
City of Laguna Beach • • • • • • • • • • • • • • •
City of San Juan Capistrano • • • • • • • • • • • • • • • • • City of San Clemente • • • • • • • • • • • • • • • •
John Wayne Airport • • • • • • • • • • • • • • •
City of San Diego • • • • • • • • • • • • • • •
City of Imperial Beach • • • • • • • • • • • • •
County of San Diego • • • • • • • • • • •
San Diego Regional Airport Authority • • • • • • • • • • • • • • • • 139
List of Similar Projects within Last 5 Years & Project Descriptions NPDES Program Support Services, City of Costa Mesa
Project Location: Costa Mesa, CA
Project Description: WSP has assisted the City of Costa Mesa with implementation of their industrial/commercial/municipal NPDES inspection program since 2007. WSP has performed more than 2,500 inspections of industrial and commercial facilities and assisted Costa Mesa in developing and maintaining a database to track inspection results. WSP has also assisted them in performing NPDES inspections of municipally-operated facilities (corporate yards, police stations, City Hall, fire stations). WSP also performed a detailed dry weather flow study for the City. Storm drain outlets in the major flood control channels were visually observed to document the presence of flow and the associated flow characteristics. If flow was observed, field analysis was performed, and samples were collected. Field staff initiated upstream flow investigations when visual observation and field test results indicated potentially elevated pollutant levels.
Agency or Client Name Client Contact Information Period of Performance
Engineering
Fee
City of Costa Mesa, Public
Works Department
Seung Yang, PE
City Engineer
[email protected]
714-754-5633
2007-present $45,000 / year
Key Personnel (Including Project Manager) Task Relevancy Brent Smith (Project Manager), Mike Lowther,
Ellen Smith, Kevin Herring
Similar in scope, size, and complexity to
City’s RFP
Industrial/Commercial and As-Needed NPDES
Program Support Services, City of Santa Ana
Project Location: Santa Ana, CA
Project Description: WSP supports the City with a range of technical services related to the Santa Ana RWQCB-
issued MS4 permit, including:
1. Commercial, industrial, and municipal inspections
2. Database management
3. WQMP O&M inspections
4. Trash amendments policy Track 1 program
5. Construction support
6. TMDL technical advisory services
7. PEA annual reporting assistance
8. As-needed services, including environmental
engineering, storm water sampling, Copermittee
meetings, grant application assistance, and source investigations
Municipal Fixed Facility Inspection
- WSP completed an inspection of
the City’s fire station.
1 WSP has performed more than 15,000
industrial/commercial inspections for
the City with zero safety incidences and
has a record of success for providing
high quality work.
2 140
Since 2004, WSP has been supporting the City with their NPDES program. As the MS4 permit requirements grew in complexity and volume, our services evolved – starting with the commercial- industrial inspection program and moving to additional subjects, such as municipal facilities, WQMPs, trash provisions, TMDL regulatory support, public complaint investigations, and, for a short period of time, we served as the interim NPDES Program Manager.
Agency or Client Name Client Contact Information Period of Performance
Engineering
Fee
City of Santa Ana Public Works
Administration
Craig Foster
NPDES Manager
[email protected]
714-647-5659
2004-present $350,000 /
year
Key Personnel Task Relevancy
Brent Smith (Project Manager), Mike Lowther,
Kacen Clapper, Ted Von Bitner, Ellen Smith,
Cailey Hoff
Similar in scope, size, and complexity to
City’s RFP
As-Needed NPDES Program Support Services, City of Anaheim Project Location: Anaheim, CA
Project Description: WSP supports the City of Anaheim
with similar MS4 permit support as the City including:
1. Municipal inspections
2. Industrial/Commercial Program Management
3. Inspection database management
4. WQMP verification and O&M inspections
5. Trash amendments policy Track 1 program
development
6. Orange County Transportation Authority (OCTA)
M2 Project X Environmental Cleanup Program
(ECP) Tier 1 Grant Support since 2016
7. OVTA assessments
8. PEA annual reporting assistance
9. Environmental engineering
10. Storm water sampling
11. Grant application assistance
12. Source investigations
13. Training
Similar to the City, our services started with the commercial-industrial inspection program. Our team inspected thousands of businesses each year for the City. WSP now manages this program for Code Enforcement. Our NPDES program support has evolved into additional subjects, such as municipal facilities, WQMPs, and trash provisions. WSP has assisted with grant support for installation of hundreds of connector pipe screen (CPS) devices. WSP has provided engineering support including reviewing engineering plans for large regional storm drain improvement projects
WSP performed BMP inspections to verify
constructions sites were built per plan.
Client testimonial from a recent
inspection: “Exceptional work, as
always Mike!!! Not honestly sure what
we would do without your support.”
Keith Linker, February 2, 2021
3 141
and has assessed the feasibility for trash capture associated with the Chantilly Storm Channel and Burris Basin Regional Project. WSP participated and led several stakeholder meetings with Caltrans and Orange County Water District.
Agency or Client Name Client Contact Information Period of Performance
Engineering
Fee
City of Anaheim Public Works
Administration
Keith Linker, PE, CPSWQ, QSD
Principal Civil Engineer
[email protected]
714-765-4141
2003-present $300,000 /
year
Key Personnel Task Relevancy
Brent Smith (Project Manager), Cailey Hoff, Mike
Lowther, Kacen Clapper, Ted Von Bitner, Ellen
Smith, Katelynn Webb
Similar in scope, size, and complexity to
City’s RFP
Laguna Niguel Urban Runoff Improvement Program
Laguna Niguel, CA
Project Description: Stormwater Compliance Services
WSP Scope of Work: WSP has provided Storm Water Compliance technical support to the City’s Public Works Department since 2016 including serving in an Environmental Programs management role for the City since June 2021. Through this experience we have developed insights into daily program activities and important areas of support need. Building on this knowledge our work plan approach is based on key service areas:
1. Program Management
2. Program Implementation
3. TMDL and WQIP Technical Consultation
4. Meeting Support and Public Education
5. Project Planning and Grant Administration
6. Program Reporting
7. WQIP Focused Special Studies
In the past years of service to the City, WSP staff supported a number of efforts that provide high profile recognition to the City and its commitment to environmental programs. In 2022, the City received a Best Award from the American Public Works Association related to the Salt Creek Wetland Mitigation Project. In 2020, WSP started a dry weather flow reduction special study for the City to address WQIP-related goals and this work has led to successfully reducing dry weather flows into the MS4 in support of the Unnatural Water Balance and Pathogen Health Risk High Priority Water Quality Conditions
Agency or Client Name Project Developer Period of
Performance
Engineering Fee
City of Laguna Niguel, Public
Works Department
Kathy Nguyen,
Program Manager
Not Applicable $383,000 over 5
years
Key Personnel (Including Project Manager) Task Relevancy Kacen Clapper (Project Manager), Theodore Von
Bitner (Principal), Brent Smith, Mike Lowther,
Ellen Smith, Lijun Xi
Similar in scope, size, and complexity to
City’s RFP
4 142
E. Financial Capacity
WSP average revenue over the past three years exceeds $1.9-billion, with the expectation of continued growth, and access to funding from its ultimate parent entity, WSP Global Inc. As such, WSP USA is financially stable and has the necessary resources both human and financial to provide the services at the level required by the City of Costa Mesa. WSP has the financial capacity to fully perform the required services, including provision of equipment and personnel expenses. The last three years of reports can be found here : Reports & Filings
F. Key Personnel
WSP USA realizes that the success of a project relies heavily on the individual team members’ capabilities and experience. WSP USA’s team includes certified, experienced planners and seasoned professional engineers, resource specialists, and managers with decades of experience in Southern California. Our key personnel for this assignment were selected because they have demonstrated a successful track record with the service areas requested by the City. WSP USA’s key personnel are qualified to perform the specific consulting services requested by the City.
The figure on the following page is our proposed organization chart. Following the figure are brief biographies of our key proposed project team. Table 1 highlights the staff who will be working on the project along with a percentage of each individual’s time devoted to the project.
Detailed resumes for staff within our key project team are provided in Appendix B (resumes excluded from Appendix B will be available on request). Key personnel will be available to the extent proposed for the duration of the project and no key team members will be removed or replaced without prior agreement by the City. Information on our proposed team is provided below.
Ted Von Bitner, PhD – Principal in Charge: Dr. Von Bitner has more than 20 years of experience in environmental science and program management of water quality - related compliance programs for various city and county level government agencies.
Ted will serve as the task manager for many of the as-needed support tasks including trash provisions and TMDL support tasks. Ted specializes in MS4 program implementation. His experience includes helping a number of southern California municipal agencies to complete program evaluations to translate technical findings into management level decision information. Ted has helped city and county agencies to conduct in- depth program re-evaluations to identify regional water quality priorities, reorganize and reprioritize agency resources to improve program effectiveness, and provide technical consulting services to extract management level information from compliance- based programs to develop strategic watershed BMPs.
Education: Ph.D., Inorganic Chemistry, University of California, Los Angeles, 2001; B.S., Chemical Physics, University of California, San Diego, 1995
Brent Smith, ToR , QISP, CPESC, QSD/QSP – Project Manager; Database Management; Construction General permit Support and/or Construction Site Inspections; Future MS4 Permit Support; Training: Brent will be the project manager for this project. He has 23 years of experience providing environmental compliance consulting. In addition, he has managed numerous projects in Orange County and throughout southern California involving municipal NPDES per mit compliance and inspections of industrial/commercial sites. He has successfully 143
managed the work described in the RFP for Santa Ana, Anaheim, and Costa Mesa. Brent understands the regulatory framework in Orange County and has conducted several Core Competencies workshops. He has been actively involved in the development of municipal and IGP- related training programs. Brent has extensive experience with BMP effectiveness evaluations; BMP recommendations and compliance strategies; flow measurement and sampling system design; sampling and analysis; data review; NPDES permit compliance; TMDL support; grant funding support; program development; trash provisions support; and development of training programs.
Brent is currently the project manager for compliance programs for several large municipalities in Orange County (including Santa Ana) and storm water programs for large industrial facilities, such as John Wayne Airport.
Education: BS, Environmental Science, University of California, Santa Barbara Registrations: IGP ToR, 2015; QISP, Reg. No. 115, 2015; QSD/QSP, CASQA Reg. No. 1105, 2011; Certified Professional in Erosion and Sediment Control (CPESC), Reg No. 5585
Michael Lowther, ToR, QISP, CPESC, QSD – NPDES Compliance Inspector; Construction General Permit Support and/or Construction Site Inspections; WQMP Inspections; Municipal Facility Inspections, FSE, IDIC, and Source Investigations; Municipal, FSE, IDIC Insp ections; Storm Water Sampling and Analysis: Mike has 20 years of extensive experience with industrial and municipal NPDES permitting requirements, including Orange County’s MS4 Permit. Mike has worked with the City since 2004 and is intimately familiar with the City’s expectations and requirements for this contract. He has also worked with numerous other Orange County cities. His responsibilities as task manager include overseeing the field training program and documenting that each inspector has met the core competencies training program before the inspector performs solo inspections. Mike also reviews each inspection record as part of our quality control/quality assurance/quality control (QA/QC) program.
Mike has assisted numerous dischargers with compliance under the IGP. He has experience evaluating and developing storm water management programs and providing annual training seminars to comply with the IGP. In addition, he has written and evaluated Storm Water Pollution Prevention Plans (SWPPPs) for a variety of industrial facilities that include sulphur processing, clay mining, oil field drilling, aerospace manufacturing, automotive dismantling, scrap metal/paper/plastic processing, chemical manufacturers, wineries, paint manufacturers, airports, schools bus maintenance shops, marinas and boatyards. Mike also has extensive experience performing treatment control verifications and operation and maintenance (O&M) inspections under the land development program.
Education: BS, Environmental Eng., California Polytechnic State University, San Luis Obispo Registrations: IGP ToR, 2016; QISP, Reg. No. 159, 2016; QSD/P for SWRCB Region 8, Scrap Metal Recycling, SM-QSD-005, 2012, CPESC, Reg No. 6187, 201
Kacen Clapper, CPSWQ – Statewide Trash Provisions Support; Watershed Management Plans and TMDL Support: Kacen provides 23 years of expertise in the environmental field including more than 16 years working on storm water and surface water quality programs for a public agency. His experience includes conducting storm water compliance programs, managing several bacterial TMDL programs, and GIS analysis work related to environmental impact assessment, surface water quality, and storm water regulation, including the trash provisions. Kacen has extensive experience with GIS web and field applications, project management, hazardous materials investigations, environmental 144
response to spills, storm water inspections of industrial and commercial facilities, post-construction BMP inspections, and Illicit Connection / Illegal Discharge (ID/IC) pollution response.
Education: M.S., Environmental Studies, University of California, Fullerton, 2001; B.S., Ecology and Evolutionary Biology, University of Connecticut, 1996 Kerri Gannon, PE, QSD – Technical Lead: Ms. Gannon has broad civil engineering and project management experience. She currently provides drainage and stormwater services in the areas of conceptual planning, final design and review for existing and proposed municipal systems. She is currently working with the Port of Long Beach, the San Diego County Regional Airport Authority, the County of San Diego, and the Navy on a variety of projects that include hydrologic/hydraulic anal yses, stormwater conveyance and management design, erosion control design, preparation of plans, specifications, and estimates (PS&E), construction- phase support services and stormwater report review. Her expertise also includes stormwater technical studies, CEQA/NEPA review, and QA/QC reviews.
Education: BS, Civil Engineering, Bucknell University, 2002.
Registrations: PE Civil, CA No. 68877
See these individuals on our organization chart on the next page.
145
Organizational Chart
WSP USA’s organization chart reflects the titles of key staff and management contacts of each individual assigned to provide services under this proposal. Our team has successfully implemented the contract scope of work on similar assignments in each of the service areas identified by the City.
146
Appendix A.
Key Personnel Resumes
(Not included in 25 page limit for proposal)
147
Years experience
22 Education
PhD, Chemistry,
UCLA, 2001
BS, Chemical
Physics, UCSD,
1995
Licenses/
Certifications
Certificate of
Achievement Real
Estate (2022)
Certified Project
Manager (2013)
Professional
Memberships
CASQA
Mentor Collective
SF Bay Area
Trash Technical
Advisory
Committee (2023-
2028)
Statewide Trash
Monitoring
Methods Technical
Advisory
Committee (2020)
Office location
Costa Mesa, CA
________________
Dr. VonBitner has 2 2 years of environmental science and program management of NPDES and TMDL compliance programs of various city, county, and state level government agencies. Primary professional responsibilities include project management for multiple state and local government clients and providing technical advisory services on specific priority issues. His experience has included managing City agency level Jurisdictional Runoff Management Programs, NPDES and TMDL program implementation, developing and performing regulatory compliance inspection programs, and providing community outreach and education.
RELEVANT EXPERIENCE
City of Dana Point, Stormwater Program Technical Support Services , Dana Point, CA: Project Manager (July 2017 to Present ). In 2017, W SP was contracted by the City to provide as -needed NPDES and TMDL stormwater program consultancy support. Services to the City cover a wide range of topics including development of regulatory compliance implementation plans for the statewide Trash Amendments policy, reviewing and updating structural treatment control device inventories, water quality inspections, preparing comments letters on proposed regulations, performing technical assessments of water quality data to inform the City on regulatory complia nce status, and working with City staff to development implementation strategies for the Bacteria TMDL program compliance.
City of Santa Ana, Stormwater Program Technical Support , Santa Ana, CA: Interim NPDES Program Manager and Technical Lead ( December 2017 to Present ). WSP’s services were contracted beginning in December 2017 to provide interim NPDES Program Management assistance in response to staffing shortages at the City. Support included activities related to general implementation of NPDES program such as TMDL s, statewide Trash Amendments, the Integrated Regional Watershed Management Program, reviewing program budgets, providing regulatory guidance and program implementation recommendations, performing inspections, a nd meeting with members of the public. Additional project activities have included assisting the City with grant-funding for structural treatment control systems.
City of San Juan Capistrano, NPDES Jurisdictional Runoff Management Program, San Juan Capistrano, CA: Project Manager (March 2015 to Present). WSP supports the City’s jurisdictional runoff management program under the San Diego MS4 Permit. Project activities include managing the work of support staff, performing regulatory compliance inspections for commercial, industrial, municipal, and residential management areas; responding to public 148
complaints, preparing administrative enforcement letters to HOA management and private property owners, managing inspection programs and structural BMP inventories, reviewing WQMPs for Priority Development Projects, and developing technical guidance for De partment Directors and Executive Managers. Additional project activities include developing an equestrian facility regulatory compliance inspection program, supporting public works with the Bacteria TMDL and CHWSRS programs, conducting MS4 outfall investigations, and JRMP updates.
149
Years experience
25 Education
BS, Environmental
Science, University of
California Santa
Barbara, 1999
Professional
Registrations/
Certifications
2015 Industrial General
Permit Trainer of
Record and Qualified
Industrial Storm Water
Practitioner (QISP)
(Reg. No. 115)
2011 QSD/P, CASQA
(Reg. No. 01105)
Certified Professional
in Erosion and
Sediment Control,
(Reg. No. 5585)
Office Location
Costa Mesa, CA
__________________
Mr. Smith is a principal scientist with more than 25 years of experience providing environmental compliance consulting for a wide variety of projects and clients. Mr. Smith has helped many clients comply with NPDES regulations and permitting, including mun icipal, industrial, construction, and de minimus permits. Mr. Smith has assisted hundreds of industrial facilities with all aspects of industrial permit compliance, is a Compliance Group Leader, and has been a technical expert for several dischargers that have faced regulatory enforcement actions. Mr. Smith has also assisted several facilities with other compliance programs including Spill Prevention Control and Countermeasure (SPCC) Plans, Facility Response Plans (FRPs), Hazardous Materials Business Emergency Plans (HMBEPs), and industrial wastewater permitting.
RELEVANT EXPERIENCE
Municipal NPDES Programs, Orange County, California. Mr. Smith is the Project Manager for several City NPDES compliance programs including Anaheim, Santa Ana, Costa Mesa, and Irvine. Mr. Smith has assisted with implementation of several aspects of the Phase I MS4 Permit, including development and implementa
tion of industrial and commercial
inspection programs with approximately 2,500 industrial and commercial facilities annually. Inspections involve evaluation of BMPs, distribution of educational materials to businesses, issuance of enforcement, and re- inspections for facilities that were found to be non- compliant. Inspections are performed in accordance with Local Implementation Plans, water quality ordinances, and the Phase I MS4 Permit issued by the Santa Ana RWQCB. Mr. Smith has assisted with the Significant Redevelopment Programs including review of WQMPs and performing thousands of field verifications and operation and maintenance inspections of structural treatment control BMPs. Mr. Smith has provided annual report assistance; support during several regulatory audits from both U.S. EPA and the Santa Ana RWQCB; provided trainings to staff on topics such as NPDES permit compliance, Construction General Permit compliance,
industrial/commercial NPDES inspections, and Post -Construction Structural BMP inspection programs; assisted with grant funding requirements including grant application preparation and completion of the grant requirements such as progress reporting and monitoring programs; and development and implementation of trash provisions program requirements.
NPDES Program Compliance, John Wayne Airport, Orange County, CA. Mr. Smith assisted the airport with regulatory program compliance tasks, including industrial stormwater, construction, and MS4 permit compliance; SPCC and HMBEP updates; wastewater permitting; and 150
emergency response. Industrial stormwater permitting support included preparing and implementing the airport’s SWPPP, preparing Exceedance Response Actions Level 1 and 2 reports, assisting with planning support related to the Total Maximum Daily Load (TMD L) Numeric Effluent Limitations (NELs) and Time Schedule Order (TSO), assisting feasibility studies and conceptual plans for managing stormwater, assisting with stormwater drainage studies, and completing several tasks for the airport’s General Aviation Im
provement Project (GAIP). Feasibility studies and
conceptual planning included the review of discharging stormwater to the sanitary sewer, evaluating stormwater re-
use at the central utility plant,
advanced treatment, and no exposure certification assessments. For the GAIP, Mr. Smith was part of the selection committee for selecting the Fixed Based Operators and reviewed the design plans for compliance. Mr. Smith has also provided storm water and SPCC training to airport operations, maintenance department , fire department, and airport tenants with approximately 200 employees trained annually. Mr. Smith managed several other regulatory programs including the review of Water Quality Management Plans and inspection programs on post -structural treatment controls to support the airport’s significant re- development program. Mr.
Smith managed the airport’s SPCC compliance program and assisted with revisions to the SPCC plan. The SPCC -
related inspections included
checking the foundation, piping, containment system , and response equipment. Mr. Smith has reviewed compliance documentation associated with ASTs and underground piping managed by the airport’s fueling contractor.
Industrial General Permit Support, Statewide, California. Mr. Smith has assisted hundreds of industrial facilities with all aspects of the Industrial General Permit compliance programs. Industrial facilities supported includes active and inactive landfills, transfer and hauling facilities, oil and gas producers, ready-mix concrete and asphaltic concrete plants, mines, airports, ports, railway depots, automobile recyclers, glass recyclers, battery recyclers, paint manufacturers, chemical batch processors, wineries, juice product packagers, school districts, truck maintenance and fueling operators, scrap metal recyclers, foundries, and concentrated animal feeding operations (CAFO). Mr. Smith’s support has included preparing SWPPPs, Ad Hoc Reports, Annual Re ports, Exceedance Response Actions, Water Quality Based Corrective Actions, Time Schedule Orders, and monitoring programs. Mr. Smith is a Compliance Group Leader under the industrial general permit for multiple school district bus yards and has been a technical expert for several dischargers that have faced regulatory enforcement actions.
151
IGP Reporting and Training, Kern County Waste Management, Multiple Landfill and Transfer Station Sites, Kern County, CA. Mr.
Smith is the Project Manager for the County’s NPDES compliance program. Mr. Smith has assisted Kern County with IGP compliance at multiple landfills, recycling centers, and transfer stations throughout the County. Services performed include performing site assessments; training County staff annually; making recommendations for BMP implementation; preparing and revising SWPPPs; analyzing collected data; assistance with annual reporting; preparing ERA Level 1 and 2 reports, and assisting with a Notice of Non- Applicability (NONA) report for the Taft Sanitary Landfill that resulted in an IGP exemption for the facility.
152
Years with WSP
18 Years total
18 Education
BS, Environmental
Engineering,
California
Polytechnic State
University
Licenses/
Certifications
2015 Industrial
General Permit
Trainer of
Record/Qualified
Industrial Storm
Water Practitioner
(Reg. No. 159)
Certified
Professional in
Erosion and
Sediment Control,
6187
Qualified Storm
Water Pollution
Prevention Plan
Developer for the
Scrap Metal Permit,
Order No. R8-2012-
0012, Certificate #
SMQSD-001
Office location
Costa Mesa
Mr. Lowther has 1 8 years of professional experience evaluating and developing stormwater management programs and providing annual training seminars to comply with the NPDES Industrial General Permit (IGP). He has written and evaluated SWPPPs for a variety of facilities with industrial activities that have included sulphur processing, clay mining, oil field drilling, aerospace manufacturing, automotive dismantling, scrap metal/paper/plastic processing, chemical manufacturers, wineries, paint manufacturers, a irports, schools bus maintenance shops, marinas and boatyards. Mr. Lowther has completed several thousands of municipal/industrial/commercial/construction inspections on behalf of municipalities in Orange County to comply with Phase I MS4 permits. He has extensive experience performing post-construction WQMP stormwater treatment control BMP inspections on behalf of municipalities to verify that BMPs are installed and maintained as proposed in the WQMPs. Mr.
Lowther also has extensive experience training W SP and municipal personnel to complete industrial, commercial, municipal, construction, and post-construction WQMP inspections.
RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
City of Santa Ana , Municipal NPDES Program , Santa Ana, CA:
Compliance Inspector. (2011- Present). Mr. Lowther has assisted the City of Santa Ana with implementation of an industrial and commercial NPDES inspection program that includes inspections at approximately 1,000 industrial and commercial facilities each year. He has audited facilities for compliance with Santa Ana Regional Water Quality Control Board stormwater requirements includ ing an evaluation of current business practices, potential discharges generated by the facility and recommendations for BMP interim actions. Tasks also included enforcement, as necessary, including writing notices of violation.
City of Anaheim, Municipal NPDES Program, Anaheim, CA:
Compliance Inspector. (2003 – Present). Mr. Lowther has served as senior NPDES Compliance Inspector responsible for investigating various NPDES-related complaints and audited facilities at industrial and commercial sites for compliance with Santa Ana Regional Water Quality Control Board stormwater requirements. Audits included evaluation of current business practices that involved potential discharges generated by the facility and recommendations for BM P interim actions. He has completed hundreds of verification and operation and maintenance 153
inspections of structural treatment control BMPs. Mr. Lowther has provided in-class and in-the field training for code enforcement officers to complete WQMP operation and maintenance inspections of structural treatment control BMPs. Mr. Lowther routinely a ssists the City with providing simple solutions to correct design issues observed in the field and assists the City with construction-related inspections.
154
Years with WSP
8 Years total
25 Education
MS, Environmental
Studies, California
State University,
Fullerton, 2001
BA, Ecology and
Evolutionary Biology,
University of
Connecticut, 1996
40 Hour HAZWOPER
Training, 2008
Licenses/
Certifications
Certified Professional
in Storm Water
Quality, Number 1139
Professional
Memberships
CASQA
Office location
Costa Mesa, CA
__________________
Mr. Clapper is a Certified Professional in Storm Water Quality (CPSWQ) and provides 25 years of expertise in the environmental field including over 11 years working on storm water and surface water quality NPDES programs for a public agency. He has supervised the Orange County Public Works internal storm water compliance section, managed se veral bacterial Total Maximum Daily Load (TMDL) programs, led mass emission program water quality and flow monitoring activities, and currently provides technical support to multiple local agencies in stormwater program implementation and Geographic Inform ation System (GIS) spatial data development and analysis. His areas of expertise include Phase I Municipal Separate Storm Sewer System (MS4) permit implementation under both the San Diego and Santa Ana Water Boards, bacteria TMDL program implementation, pollutant source investigation, and compliance with the statewide Trash Amendments. In addition, Mr. Clapper recently served as co -chair for the California Stormwater Quality Association (CASQA) Policy and Permitting Subcommittee helping to lead discussions and comment development on new and potential precedent setting changes in stormwater regulations.
RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
Orange County Public Works, Horno Creek Dry Weather Flow Investigation, Ladera Ranch, CA: Project Manager. (June 2021 – Present). Mr. Clapper is the project manager for a multiyear special study focused on dry weather flow reduction and the identification and elimination of over -irrigation and other controllable non-storm water flows in the unincorporated Ladera Ranch community of Orange County. Project work has included sub drainage mapping, dry weather flow investigation work plan development, the deployment of flow monitoring equipment at three outfall locations, and dry weather flow reconnaissance during peak flow hours to identify controllable non -stormwater discharges such as over- irrigation. Identified flow sources are referred to Orange County Public Works for focused outreach and education efforts and to the Ladera Ranch homeowners association to address common area irrigation deficiencies.
City of Laguna Niguel, Storm Water Compliance Technical Support, Laguna Niguel, CA: Project Manager. (July 2017 - Present). Mr. Clapper is currently the project manager for storm water compliance technical support services to the City of Laguna Niguel including overall management of the City’s Environmental Programs. Components of technical support include Local Implementation Plan/Jurisdictional Runoff Management Program (LIP/JRMP) and Water Quality Improvement Plan (WQIP) implementation and reporting, bac teria TMDL compliance support, wetlands program implementation, and other MS4 permit compliance related support. Project activities have included updates to the City’s LIP/JRMP to reflect new MS4 permit requirements, development of a Track 2 implementation plan for compliance with the statewide Trash Amendments, 155
development of MS4 outfall dry weather flow investigation work plan and implementation of a multiyear pilot study in cooperation with Moulton Niguel Water District, conducting a Bacteria TMDL related Comprehensive Human Waste Source Reduction Strategy (CHW SRS) work plan area of investigation study, municipal facility WQMP post -construction BMP inspections, environmental compliance project management oversight of a Salt Creek wetlands restoration project, securing an Orange County Transportation Authority (O CTA) grant for trash capture BMPs, and development of MS4 permit annual reporting submittals.
City of Laguna Beach, Water Quality Program Technical Support , Laguna Beach, CA: Project Manager. (June 2018 – January 2023). Mr. Clapper was the project manager and lead analyst performing all data analysis and development of a state Trash Amendments compliance plan for the City of Laguna Beach and assisting the City implementation of south Orange County Water Quality Improvement Plan (WQIP) program requirements. A conceptual Track 2 plan was developed for the City and baseline trash visual assessment surveys were conducted to further refine additional measures needed for compliance. Data analysis included using GIS software to define priority land use areas, model trash generation rates, and refine drainage area delineations to existing BMPs. WQIP implementation assistance has included technical support in bacteria TM DL compliance and assisting the City with Heisler Park Area of Special Biological Significance (ASBS) Compliance Plan annual reporting.
Orange County Public Works, OC Watersheds Program, Orange County, CA:
Section Supervisor, Program Manager, Field Lead. (August 2005 – January 2017) Previous Employer. The County of Orange’s OC Watersheds program directs NPDES compliance programs as both a lead permittee conducting MS4 permit program development, monitoring, and reporting through a cost-share on behalf of Orange County cities, and as an individual permittee representing County jurisdictional areas. During his time at the County, Mr. Clapper served in several OC Watersheds program roles including: a monitoring program lead, a hydrology and GIS data analyst, a bacteria TMDL program manager, and as chief of the County’s Internal Storm Water Compliance Section managing the County’s JRMP for unincorporated areas and the Orange County Flood Control District. Notable program efforts included development of bacteria TMDL required Comprehensive Load Reduction Plans for the Aliso Creek and San Juan Creek Watersheds and leading the County's JRMP MS4 permit annual reporting involving the coordination of multiple County departments and agencies an d reporting under two separate permits.
156
Years with WSP
7 Years total
21 Education
BS, Civil
Engineering,
Bucknell University,
2002
Professional
Registrations
PE, Civil, CA,
68877
Licenses/
Certifications
Construction
General Permit
Qualified SWPPP
Developer, 22492
Office location
San Diego
________________
Ms. Gannon has broad civil engineering and project management experience. She currently provides drainage and stormwater services in the areas of conceptual planning, final design and review for existing and proposed municipal systems. She is currently working with the Port of Long Beach, the San Diego County Regional Airport Authority, the County of San Diego, and the Navy on a variety of projects that include hydrologic/hydraulic analyses, stormwater conveya nce and management design, erosion control design, preparation of plans, specifications, and estimates (PS&E), construction -phase support services and stormwater report review. Her expertise also includes stormwater technical studies, CEQA/NEPA review, and QA/QC reviews.
RELEVANT EXPERIENCE (CHRONOLOGICAL ORDER)
San Diego Regional Airport Authority, Water Quality Equivalency Credit Trading Document, San Diego, CA: Technical Lead. ( 2021- Present). Ms. Gannon led develop ment a Water Quality Equivalency (WQE) Credit Trading Framework for the San Diego County Regional Airport Authority (SDCRAA) with the purpose of providing a framework for implementing water quality credit trading at San Diego International Airport (SAN). This Framework relies on the previously developed SDCRAA’s BMP Design Manual for Permanent Site Design and the WQE Guidance Document as a basis for outlining the methods that project applicants, and the SDCRAA, can use to bank, track and trade water quality cre dits for development projects within the SAN jurisdiction. WSP researched other jurisdictional (local and national) guidance on the tracking of water quality credits to complete the development of the Framework, which has been accepted by the San Diego Regional Water Quality Control Board.
City of Anaheim, Trash Full Capture Analysis, Anaheim, CA: Senior Engineer. ( 2021-Present). Ms. Gannon was the senior engineer responsible for the peer review of the design of three continuous deflective separation ( CDS) units to meet the current trash full capture system requirements. The review entailed a review of the basis of design reports, the project plans, and the CDS unit details to ensure that the new system will meet the requirements.
Multiple Clients, Water Quality Management Plan Document Review, Southern CA: Senior Engineer. (2019 - Present). Ms. Gannon is the senior engineer responsible for providing technical support to the Port of 157
Long Beach and the City of San Juan Capistrano to review the stormwater reports developed for redevelopment and development projects occurring within their jurisdiction. The reports are reviewed according to the clients’ specific requirements in compliance with NPDES MS4 Permits . WSP prepares comments on the report and works with the report preparer to make sure the reports and project designs meet MS4 permit requirements.
158
Appendix B.
Required Forms
(Not included in 25 page limit for proposal
159
RFP25-20.C06401
VENDOR APPLICATION FORM
FOR
RFP No. 25-20 STORMWATER AND WATER QUALITY PROFESSIONAL SERVICES 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 busi
ness: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
X
WSP USA Inc.
Brent Smith
Vice President, Principal Scientist
[email protected]
949-642-0245
One Penn Plaza, 4th Floor
New York, NY 10119
Brent Smith
Vice President, Principal Scientist
[email protected]
949-642-0245
160
RFP25-20.C06401
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. 25-20 STORMWATER AND WATER QUALITY PROFESSIONAL SERVICES at any time after March 19, 2025. ________________________________ Date: _______________________ Signature
________________________________
Print
OR
I certify that Proposer or Proposer’s representatives have communicated after March 19, 2025, with a City Councilmember concerning informal RFP No. 25-20 STORMWATER AND WATER QUALITY PROFESSIONAL SERVICES. A copy of all such communications is attached to this form for public distribution.
________________________________ Date: _______________________ Signature
________________________________
Print
4/7/2025
Brent Smith
161
RFP25-20.C06401
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
X
162
RFP25-20.C06401
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."
None
163
RFP25-20.C06401
BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder/Applicant/Proposer
Date
No contractor campaign contributions
4/7/2025
Brent Smith
164
EXHIBIT C
FEE SCHEDULE
165
May 16, 2025
City of Costa Mesa
Public Works Agency
77 Fair Drive, 4th Floor
Costa Mesa, California 92626
Attention: Mr. Derek Wieske
Re: Pricing Proposal: WSP - Stormwater and Water Quality Professional Services for the 2025-2026 Fiscal Year
Dear Mr. Wieske:
WSP USA Inc.’s (WSP) would like to thank you for the opportunity to submit our price proposal to continue with our assistance with the City of Costa Mesa’s (City) Stormwater and Water Quality programs. WSP presents this cost estimate to assist with the following services:
Staff augmentation and support at City Hall
Industrial/Commercial Facility Inspections
Fixed Facility Inspections and Follow-ups
Training for City Staff
Inspect BMPs during Construction
Update to City’s WQMP Inventory and Coordination and Update to Orange County Stormwater Tools
Inspect Post-Construction Water Quality Management Plans (WQMPs) Compliance with Statewide Trash Provisions – Project Management and GIS Layer Updates
As Needed Services
We have assembled a group of highly qualified specialists, with extensive experience providing these services to several cities within Orange County. WSP staff assigned to this project will provide a high quality, technically accurate, reasonably priced, and on- time product. All labor rates and other charges will be on a Time and Materials (T&M) basis according to the WSP Standard Hourly Fee Schedule (Attachment 1). Itemized services for each task for the initial year is included in Attachment 2. The not-to-exceed fee is $164,800.
WSP Costa Mesa Office
3560 Hyland Avenue
(949) 642-0245
wsp.com
166
We are confident that WSP will be a valuable addition to the City of Costa Mesa’s team.
WSP appreciates the opportunity to assist the City on this important project. If you have any questions regarding this proposal, please contact Brent Smith at (714) 925-4498 or [email protected].
Sincerely,
WSP USA Inc.
Brent Smith
Vice President, Project Manager
Attachments:
Attachment 1 - WSP Standard Hourly Fee Schedule
Attachment 2 – Itemized Services and Hours 2025-2026 Fiscal Year
167
ATTACHMENT 1
WSP USA Inc. Page 1 of 1
WSP USA Inc.
Standard Hourly Fee Schedule
City of Costa Mesa
LABOR:
CLIENT agrees to reimburse WSP USA Inc. (WSP) for all hours worked by professionals at the following categories and associated hourly labor rates. Charges for expert services will be at the hourly rates shown. However, for depositions and court appearances, CLIENT agrees to reimburse WSP for all hours worked by professionals at the following classifications, but at two times the associated hourly labor rates. There will be a 4-hour minimum per-day charge for depositions and an 8-hour minimum per- day charge for court appearances.
CONTRACT ROLE PROFESSIONAL LEVEL RATE/HOUR
Director 7 $285.00
Senior Lead Consultant 6 $235.00
Lead Consultant 5 $210.00
Senior Consultant 4 $170.00
Consultant 3 $155.00
Associate Consultant 2 $133.00
Assistant Consultant 1 $115.00
Senior Project Coordinator S3 $115.00
ESCALATION: The hourly labor rates will be escalated 5% annually beginning July 1, 2026.
OTHER DIRECT EXPENSES: CLIENT agrees to reimburse WSP for all other direct expenses incurred as follows:
Vehicle Charges $50/day
Subcontract Expenses: Supplies or services furnished to WSP in support of project activities by any supplier or firm, except temporary agency or consultant staff charged at above hourly rates Cost +10%
Direct Expenses: Other expenses in support of project activities Cost + 15% Unit Pricing: Any unit pricing work such as in-house equipment rental will be quoted separately Cost
INVOICES:
Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt. An additional late payment charge of 1 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date.
168
Grade Job Title
Billing
Rate Hours Billing Hours Billing Hours Billing Hours Billing Hours Billing Hours Billing Hours Billing Hours Billing Hours Billing P7 Director $ 285.00 32 $ 9,120 2 $ 570 8 $ 2,280 2 $ 570 4 $ 1,140 0 $ - 4 $ 1,140 12 $ 3,420 12 $ 3,420 P6
Senior Lead
Consultant $ 235.00 8 $ 1,880 2 $ 470 0 $ - 10 $ 2,350 8 $ 1,880 24 $ 5,640 16 $ 3,760 4 $ 940 8 $ 1,880 P4 Senior Consultant $ 170.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - P3 Consultant $ 155.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 80 $ 12,400 0 $ - 0 $ - P2 Associate Consultant $ 133.00 363 $ 48,279 25 $ 3,325 16 $ 2,128 40 $ 5,320 110 $ 14,630 83 $ 10,973 40 $ 5,320 155 $ 20,615 0 $ - P1 Assistant Consultant $ 115.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - P2 Associate Consultant $ 133.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - S3
Senior Project
Coordinator $ 115.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 12 $ 1,380 Total 403 $ 59,279 29 $ 4,365 24 $ 4,408 52 $ 8,240 122 $ 17,650 106.5 $ 16,613 140 $ 22,620 171 $ 24,975 32 $ 6,680
BILLABLE EXPENSES
-- -- -- -- -- -- -- -- --
TOTAL ESTIMATED COST: $ 164,800
No travel costs allowed.
Task 9 - Project
Management
ATTACHMENT 2
WSP Stormwater and Water Quality Itemized Services and Hours - Year 1 Costa Mesa, California
Task 8 - As Needed
Support
Client Table: City of Costa Mesa
Task 7 - Trash Provisions
Program Development
Task 1 - Industrial and
Commercial Inspections
Task 2 - Fixed Facility
Inspections
Task 3 - Training City
Staff
Task 4 - Construction
BMP Inspections
Task 5 - WQMP Inventory
and OCST
Task 6 - Post-
Construction WQMP
Inspections
169
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-366 Meeting Date: 7/15/2025
TITLE:
FINAL MAP FOR TRACT NO. 19244 LOCATED AT 1711-1719 POMONA AVENUE, COSTA MESA,
CALIFORNIA
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5335 RECOMMENDATION:
Staff recommends the City Council approve the Final Map for Tract No. 19244 and authorize signing of the Map by the City Engineer and the City Clerk.
BACKGROUND:
On September 11, 2023, a Master Plan to construct eight (8) live/work units with attached garages at 1711-1719 Pomona Avenue (Project) was approved by the Planning Commission. The Project proposes to subdivide the property for individual ownership.
Tentative Map for Tract No. 19244 (Attachment 1) and Conditions of Approval (Attachment 2) for the Project were approved by the Planning Commission on September 11, 2023. The map consists of a subdivision created after consolidating two properties (0.46-acre) into one lot for condominium purposes.
ANALYSIS:
All Conditions of Approval imposed by the Planning Commission have been complied with and the Final Map is in substantial conformance with the Tentative Map approved by the Planning Commission. The Tract Map has been checked and found to be technically correct and includes the release and relinquishment of access rights to Pomona Avenue to be accepted by the City.
ALTERNATIVES:
No alternatives were considered since this item is administrative in nature.
FISCAL REVIEW:
There are no fiscal impacts to the City for the approval of the recommended action. All Tract Map filing fees have been paid.
170
File #: 25-366 Meeting Date: 7/15/2025
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project supports the following City Council goal:
· Diversify, Stabilize and Increase Housing to Reflect Community Needs.
CONCLUSION:
Staff recommends the City Council:
Approve the Final Map for Tract No. 19244 and authorize signing of the Map by the City Engineer and the City Clerk.
171
STATE
OF
CAL
IFORNIA
L ICENSED
LAND
SURVEYOR LILY M. N.
SANDBERG
No. 8402
STATE
OFCALIFORNI A
PROFESSIONAL LAND SURVEYOR WM. ALAN
BROOKS
No. 6921
ATTACHMENT 1
172
173
R.S. NO. 2019-1107
R.S.B. 308/13
POR. LOT 607
POR. LOT 608
POR. LOT 608
NEWPORT MESA TRACT
M.M. 5/1
POR. LOT 608
INST. NO.
2013000168541, O.R.
POR. LOT 608
174
ATTACHMENT 2
175
176
177
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-367 Meeting Date: 7/15/2025
TITLE:
TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JARED BARNES, POLICE SERGEANT
CONTACT INFORMATION: JARED BARNES (714) 754-5125
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the 2025 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2025 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager, or their designee, to execute the agreements.
4. Authorize the City Manager, or their designee, to execute any amendments to the agreements, including but not limited to, amendments increasing the maximum compensation to be paid to the City.
BACKGROUND:
Each year the City enters into two agreements with the 32nd District Agricultural Association (“District”)to provide traffic management services. The first agreement applies to services provided by Police Department personnel during the annual Orange County Fair (“OC Fair”). The second agreement applies to services provided by Police Department personnel at designated events that occur at the Orange County Fair & Event Center (OCFEC) throughout the year.
The State of California requires the governing body (City Council) to approve all agreements before payment can be made.
178
File #: 25-367 Meeting Date: 7/15/2025
ANALYSIS:
The Costa Mesa Police Department is requesting City Council approval to enter into agreements with the District to provide the District with traffic management services during the 2025 OC Fair and during designated events throughout the year at the OCFEC.
The agreements provide for reimbursement of personnel costs incurred by the City for providing traffic management services for the events. The District will compensate the City in accordance with the hourly rates set forth in the City of Costa Mesa Rate Determination, established pursuant to Administrative Regulation 2.13.
Generally, the services that will be provided under both agreements include:
1. Providing and coordinating traffic management services for events at the OCFEC.
2. Controlling traffic lights in unison with the efforts of the District’s Parking Department.
3. Closing City streets in unison with the efforts of the District’s Parking Department. Police Department personnel will update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
The details relating to each agreement are outlined below.
Traffic Management Services - Orange County Fair
The agreement specific to traffic management services during the OC Fair has a term of July 18, 2025, through August 17, 2025. The services will be provided during the OC Fair, which is scheduled from July 18, 2025 through August 17, 2025. The District will pay the City a maximum of $351,354 for services provided during the OC Fair. However, if that amount is reached, the City and District will meet to amend the maximum compensation as needed.
Traffic Management Services - Designated Events at the OCFEC The agreement specific to traffic management services during designated year-round events has a term of July 1, 2025, through June 30, 2026. The services will be provided during designated large- scale events that occur at the OCFEC. The District will pay the City a maximum of $121,633 for services provided for events throughout the year. However, if that amount is reached, the City and District will meet to amend the maximum compensation as needed.
ALTERNATIVES:
The City Council could choose not to approve the agreements between the City and the 32nd District Agricultural Association for traffic management services. However, this alternative would result in increased traffic congestion in and around the OC Fair during large-scale events, which would impact and require Police Department resources without any compensation.
FISCAL REVIEW:
Cost incurred by the City is offset by the agreement with the 32nd District Agricultural Association.
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File #: 25-367 Meeting Date: 7/15/2025
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the agreements and approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Approve the 2025 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2025 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager, or their designee, to execute the agreements.
4. Authorize the City Manager, or their designee, to execute any amendments to the agreements, including, but not limited to, amendments increasing the maximum compensation to be paid to the City.
180
STATE OF CALIFORNIA
STANDARD AGREEMENT R_________ A___________ F___________ STD 213 (Rev. 03/2019) AGREEMENT NUMBER
SA-120-25FT
PURCHASING NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below :
CONTRACTING AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this 07/1/2025 through 08/20/2025 FED ID: 95-6005030 Agreement is:
3. The maximum amount
of this Agreement is: $351,354.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To provide traffic management for 2025 OC Fair Page 2-3 Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 4-5 Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 6-9 Exhibit D – Special Terms and Conditions – CCC (Attached hereto as part of this agreement) Pages 10-13 Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 14-17 Exhibit F – OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement) Pages 18 Exhibit G – OCFEC Procedures (Attached hereto as part of this agreement) Pages 19 Exhibit H – Additional Contract Terms & Conditions (Attached hereto as part of this agreement) Pages 20-24 Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Costa Mesa
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Cecilia Gallardo Daly, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
32ND District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Ken Karns, Chief Operating Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
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EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER Thane Hollman, Director
Phone Number (714) 708-1547
Costa Mesa Police Department
Ron Lawrence, Chief of Police
Phone Number (714) 754-5117
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is c onducting prohibited transactions with sanctioned individuals or entities, that s hall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty ( 30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.
Covid 19 Infection Mitigation Protocol & Procedure Guidelines
Contractor agrees to abide by COVID related health directives, if any, in place during the contract period.
GenAI Technology Use & Reporting
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.
Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.
The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service for twenty-three (23) operating days during the 2025 OC Fair.
2. The dates, times, and number of police personnel required will be mutually determined by the Costa Mesa Police Department and District Management.
4. To attend a pre-fair Parking Operations coordination meeting with District staff in June 2025. Meeting times and locations shall be mutually agreed upon by the Contractor and the District.
5. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
6. To close City streets in unison with the efforts of the District’s Parking Department. The Contractor to update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
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7. To provide a weekly summary report of the previous week’s activities each Wednesday (July 23, July 30, August 6, and August 13), including the date on which services were rendered, employee names/titles, shift start/end time, and employee’s hourly rate.
8. To submit the invoice to the District for services performed during the 2025 OC Fair no later than sixty (60) days after the expiration of the term of the agreement.
9. Invoicing shall include: date on which services were rendered, employee names/titles, shift start/end time, and employee’s hourly rate.
10. Both Parties reserve the right to terminate this Agreement at any time, with or without cause, by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the Contract.
DISTRICT AGREES:
1. To notify the Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, the total amount not to exceed THREE HUNDRED FIFTY ONE THOUSAND THREE HUNDRED FIFTY FOUR DOLLARS ($351,354.00).
Notwithstanding the foregoing, if the Contractor’s compensation reaches $351,354 prior to the end of the term of this Agreement, the District and the Contractor will meet and confer to determine whether an increase in the total compensation is needed to cover the Contractor’s services for the remainder of the term of this Agreement. If such an increase is needed, the District and Contractor will negotiate in good faith to determine the amount of such increase and enter into a written Amendment to this Agreement should reflect such an increased amount. If the District and Contractor do not agree upon an increased compensation amount and the Contractor’s compensation reaches $351,354.00, the Contractor shall cease providing services until such time as the total compensation is increased as appropriate to compensate Contractor for services required for the remainder of the term.
3. Payment will be made no more than thirty (30) days after the satisfactory completion of services herein required and upon receipt of the proper itemized invoice.
-End Exhibit A-
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-51
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time, hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 53073. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS (CONT.)
PAYMENT RATES:
-End Exhibit B-
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EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 2/2025
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods,
or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 186
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Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but
were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
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16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt.
Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
i. “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 188
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performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred:
the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
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3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the Contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its Contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the Contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
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DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
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4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, District, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
(Revised effective January 1, 2023)
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Auth ority , District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the Contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Addition al Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non- profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following: $5,000,000 per occurrence for Carnival Rides and for Freefa ll Attractions (elevated jumps involving airbags); $5 ,00 0,0 00 per occurr ence for the foll owing types of Motorized Events: Automobile races, drifting exhibitions, burnout contests/competitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, endure, pro stock. $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races. $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock Events such as Bull Riding, Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 194
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Bareback, Saddle Bronc, or Mutton Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more attendees; Extreme Attractions*: All Types, including but not limited to bungee attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie Carnival Rides: Up to 6 kiddie rides (includes book-in rides); Interim Carnival Rides; Extreme Attractions; Law Enforcement: All types, including but not limited to city police, county sheriff, California Highway Patrol, county probation, California Department of Corrections, state or federal military. Mutual indemnification in the Contract may substitute for coverage with written approval from CFSA. Mechanical Bulls; Motorized Events: Car jumping contests/demonstrations of hydraulic modifications to automobiles; Rave Type Events: Any dance or concert which extends beyond midnight; Rodeo Events: All Types without a paid gate and with any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events but including barrel racing, penning, and roping; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance.
If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobil e Li ability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 195
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sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this Contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this Contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this Contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this Contract.
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2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance covera ge obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this Contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.
2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle,
skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center