Agenda packet — Costa Mesa City Council, August 5, 2025 (part 4 of 5)

REQUE

ST FOR PROPOSAL
RFP NO. 24-07
FOR
Ent
erprise Resource Planning (ERP) System &
Professional Implementation Services
Finance D
epartment

CITY OF COSTA MESA
Rel
eased on February 14, 2024
ATTACHMENT 6
909
Request for Proposal
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CONTENTS

I. GENERAL INFORMATION .......................................................................................................... 5

1.1 Important Notice .............................................................................................................. 6

1.2 Schedule of Events ......................................................................................................... 6

1.3 Proposer’s Minimum Requirements .............................................................................. 6

1.4 Background ..................................................................................................................... 7 Figure 1.4.1: Existing Peoplesoft Software ..................................................................... 7 Figure 1.4.2: Existing Related Software .......................................................................... 8

1.5 Scope of Work ................................................................................................................. 8 Figure 1.5.1: Number of End Users ................................................................................ 8

1.6 Requirements .................................................................................................................. 9

1.6.1 Business Process, Functional & Technical Requirements .................................... 9

1.6.2 Reporting Requirements ........................................................................................ 9

1.6.3 Interface Requirements ....................................................................................... 10

1.6.4 Data Migration Requirements .............................................................................. 10

1.6.5 System Requirements ......................................................................................... 10

1. Graphical User Interface .............................................................................. 10

2. Web Portal ................................................................................................... 10

3. Archiving ...................................................................................................... 11

4. Middleware & ESB (Enterprise Service Bus) ............................................... 10

5. Reporting and Business Intelligence (BI) ..................................................... 11

6. Interfaces ..................................................................................................... 11

7. Security ........................................................................................................ 11

8. Redundancy, Backup and Disaster Recovery .............................................. 12

9. Service Levels: Performance, Scalability, Availability .................................. 13

10. System Architecture ..................................................................................... 13

11. Database Architecture .................................................................................. 14

II. GENERAL INSTRUCTIONS AND PROVISIONS ...................................................................... 14

2.1 Proposal Format Guidelines ........................................................................................ 14 Section 0 Proposal Cover ........................................................................................... 14 Section 1 Cover Letter ................................................................................................ 14 Section 2 Table of Contents ....................................................................................... 15 Section 3 Checklist: Proposal Content, Appendices and Forms ................................ 15 Section 4 Background and Project Summary Section ................................................ 15 Section 5 Qualifications & Experience ....................................................................... 15

5.1 Corporations, Partnership or Joint Venture ........................................ 15

5.2 Businesses Under Another Name ...................................................... 15 910
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5.3 Businesses in California ..................................................................... 15

5.4 Years in Business .............................................................................. 15

5.5 Customer References ........................................................................ 15

5.6 Community Participation & Contributions .......................................... 16 Section 6 ERP Technical Proposal ............................................................................. 16

6.1 Proposed System Architecture .......................................................... 16

6.2 Hardware and System Software ........................................................ 17

6.3 Application Software .......................................................................... 17

6.4 Third-Party Software .......................................................................... 17

6.5 ERP Cloud Computing Hosting/Help Desk Options .......................... 17 Section 7 Implementation Approach & Workplan ....................................................... 18

7.1 Project Approach & Methodology ...................................................... 18

7.2 Project Communications .................................................................... 18

7.3 Project Management .......................................................................... 18

7.4 Scope of Work, Deliverables & Assumptions ..................................... 18

7.5 Data Migration Plan ........................................................................... 19

7.6 Ongoing Technical Support ............................................................... 20

7.7 Warranty and Maintenance ................................................................ 20

7.8 Detailed Project Schedule .................................................................. 20

7.9 Specific Tasks to be Carried out by City Staff .................................... 20

7.10 Additional Innovative/Creative Approaches ....................................... 21 Section 8 Financial Capacity ...................................................................................... 21 Section 9 Key Personnel ............................................................................................ 21

9.1 Project Organization Chart ................................................................. 21

9.2 Roles and Responsibilities of Project Team ...................................... 21

9.3 Project Team Resumes ..................................................................... 21 Section 10 Cost Proposal ............................................................................................. 21 Section 11 Disclosure ................................................................................................... 21 Section 12 Sample Professional Service Agreement ................................................... 21

2.2 Process for Submitting Proposals .............................................................................. 22

2.2.1 Content of Proposal ............................................................................................. 22

2.2.2 Preparation of Proposal ....................................................................................... 22

2.2.3 Cost for Preparing Proposal ................................................................................ 22

2.2.4 Forms to Accompany Proposal ........................................................................... 22

2.2.5 Number of Proposals ........................................................................................... 22

2.2.6 Submission of Proposals ..................................................................................... 22

2.2.7 Inquiries ............................................................................................................... 22

2.2.8 Conditions for Proposal Acceptance ................................................................... 22

2.2.9 Insurance & W-9 Requirements .......................................................................... 23

2.3 Evaluation Criteria ......................................................................................................... 23 Figure 2.3.1: Evaluation Criteria ...................................................................................... 23

2.4 Evaluation of Proposals and Selection Process ........................................................ 23

2.5 Protests .......................................................................................................................... 24

2.6 Accuracy of Proposals ................................................................................................. 25 911
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2.7 Responsibility of Proposers……….………………………………………………………..25

2. 8 Confidentiality ............................................................................................................... 25

2.9 Ex Parte Communications ............................................................................................ 26

2.10 Conflict of Interest ......................................................................................................... 26

2.11 Disclosure of Governmental Position ......................................................................... 26

2.12 Conditions to Agreement ............................................................................................. 27

2.13 Disqualification Questionnaire .................................................................................... 27

2.14 Standard Terms and Conditions .................................................................................. 27

Appendix A SCOPE OF WORK .................................................................................. 28 Appendix B SAMPLE PROFESSIONAL SERVICE AGREEMENT ............................. 34 Appendix C Checklist: Proposal Content, Appendices and Forms ............................. 46 Appendix D FORMS .................................................................................................... 47 Vendor Application Form .............................................................................

Ex Parte Communications Certification .......................................................

Disqualification Questionnaire .....................................................................

Disclosure of Government Positions ............................................................

Bidder/Applicant/Contractor Campaign Contribution ...................................

Appendix F Functional Requirements (Attached Excel File) ....................................... 54 Appendix G Reporting Requirements (Attached Excel File) ........................................ 55 Appendix H Interface Requirements (Attached Excel File) ......................................... 56 Appendix I Data Migration Requirements (Attached Excel File) ................................ 57 Appendix J Cost Proposal (Attached Excel File) ........................................................ 58 Appendix K Rapid Workflow® As-Is & To-Be Process Maps ....................................... 59

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REQUEST FOR PROPOSAL
FOR
Enterprise Resource Planning System &
Professional Implementation Services

The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified consultants for services for the Enterprise Resource Planning System & Professional Implementation Services for the City of Costa Mesa Finance Department. The awarded Contractor, (hereinafter referred to as “Contractor”) shall be in accordance with the Sample Professional Service Agreement, Appendix B terms, conditions, and scope of work. Prior to submitting a Proposal, Proposers are advised to carefully read the instructions below, including the Sample Professional Service Agreement and any solicitati on appendix/exhibits. The term is expected to be for 5 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 $180.3 million and a total budget of over $234 million for fiscal year 2023-2024
The City of Costa Mesa, incorporated in 1953, has an estimated population of 115 ,000 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine.

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

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

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

1.1 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 the 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 any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

1.2 Schedule of Events
This Request for Proposal shall be governed by the following schedule:

Event Date & Time
Release of RFP February 14, 2024
Mandatory Pre-Proposal Conference February 23, 2024, at 1:30 pm Deadline for Written Questions February 29, 2024
Responses to Questions Posted March 11, 2024
Proposals Due March 22, 2024, at 5:00 pm
Interviews & Demonstrations March/April 2024
Approval of Contract March/ April 2024
Project Start April/ May 2024
**All dates are subject to change at the discretion of the City.

Pre-Proposal Conference: A MANDATORY Pre-Proposal conference will be held on February 23, 2024 at 1:30 pm in Community Room at City Hall, 77 Fair Drive, Costa Mesa, CA 92626, virtual meeting will be available via ZOOM. A Pre- Proposal conference is held to allow for questions and clarification concerning the City’s RFP process, scope of services and subsequent contract award.

1.3 Proposer’s Minimum Requirements

Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A – Scope of Work, of this RFP are invited to submit a proposal, provided they meet the following requirements. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.

a. The Proposer shall provide documentation showing that the proposed software has been successfully installed in a minimum of ten (10) public sector organizations similar in size and complexity as the City.

b. The Implementation Firm for the proposed solution(s) shall provide documentation showing that it has a minimum of ten (10) years of experience in implementing the proposed solution(s) in a minimum of ten (10) public sector organizations similar in size and complexity as the City.

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c. The Software Firm for the proposed software solution(s) and the Implementation Firm shall not have filed for bankruptcy protection during the past five (5) years.

d. The Software Firm and the Implementation Firm shall provide letters stating that each is a party to the proposal and that the implementation firm is certified to implement the proposed software.

1.4 Background

The City of Costa Mesa is seeks to procure and implement a robust and contemporary Enterprise Resources Planning (ERP) System that will replace the existing Peoplesoft ERP. The existing system is approximately 15 years old and provides a host of mission critical functionality, but City staff must supplement the lack of key features, functions and reporting capabilities with standalone applications and custom programming.

Figure 1.4.1: Existing Peoplesoft Software

Software Module Version

Finance
1 Peoplesoft General Ledger v 7.51 PS GL
2 Peoplesoft Budget v 7.51 PS Budget
3 Peoplesoft Accounts Payable v 7.51 PS AP
4 Peoplesoft Accounts Receivables v 7.51 PS AR
5 Peoplesoft Finance v 7.51 PS Finance
6 Peoplesoft Analyze v 7.51 PS Analyze
7 Peoplesoft Accounts Purchasing v 7.51 PS Purch
8 Peoplesoft Voucher v 7.51 PS Voucher
9 Peoplesoft Inventory v 7.51 PS Invent

Human Resources
10 Peoplesoft Accounts HR Management v 8.8 sp1 PS HRM
11 Peoplesoft HCM v 8.8 sp1 PS HCM
12 Peoplesoft Payroll v 8.8 sp1 PS Pay

Figure 1.4.2: Existing Related Software
Other Supporting Software Version
13 Crystal Report Crystal Reports Server v 2013
14 MS Excel Excel Fiscal Analysis M365
15 MS Excel Excel Table of Organization M365
16 MS Excel Excel Position Hist. Tracking M365
17 MS Outlook Email M365
18 Laserfiche Enterprise Content Management 11.2
19 Acrobat PDFs DC 2023
20 Tyler InterGov Land Management System 2023.1
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21 Microsoft Edge (Chromium) Internet Browser (64Bit) 110.0.1587.46 22 Microsoft Power BI MS Power Business Intelligence 2.102.683.0 23 AssetWorks Asset Management 22.1.1
24 Socrata Open Government Transparency Latest Version
25 Quadrant POS Payment Processing Latest Version
26 GovernmentJobs.com NeoGov Learn, Onboarding, Perform Latest Version 27 ActiveNet POS Payment Processing Latest Version
28 Various Third-Party Reporting
Tools
SSRS, Insight, etc. Latest Version

The ideal proposed system will provide required functionality for financials and human resources.

The City desires a single integrated solution; however, all system solutions will be objectively considered.

1.5 Scope of Work

The City desires an enterprise system that has the flexibility, reliability, redundancy and capability to meet current and future business functions and integrates those functions into a single computing environment. Proposers should prepare their proposals based on addressing the business functions that are listed in Appendices F, G, H , I and K. The City reserves the right to negotiate changes (including additions and deletions) to this list of functionalities as the scope and cost of the project evolves.

Proposers are requested to break the implementation and related costs into the phases identified below. It is the City’s intent to adopt industry best practices and standards wherever feasible in order to minimize the customization and configuration that is required to implement and maintain the various components of the proposed ERP solution. The City seeks a software solution that provides an Evergreen software pricing approach, where the City will never ha ve to pay for a software upgrade.

Figure 1.5.1: Number of End Users
Organization No. of Staff
1 Finance 25
2 Human Resources 12
3 Information Technology 20
4 All City Staff 690

Phased Deployment: The City anticipates the ERP system will be implemented in two phases.

This will serve to prioritize the application software most needed and reduce the risk of failure, e.g., budget change orders, schedule overruns, or a lack of end user acceptance. Deployment will include software installation and configuration, testing, staff training, report development, data migration, systems interface development and technical support after system cutover.

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Phase 1: HR/Finance GL Applications
Phase 1 will consist of HR application modules and one Finance module, General Ledger & Payroll. Proposer will be asked to structure the proposal, and this phased approach, in their project plans, consisting of technical proposal, proposed schedules, and cost proposals, accordingly.

Phase 2: Finance Applications
The Phase 2 deployment will consist of finance application modules. Proposer s will be asked to structure the proposal, and this phased approach, in their project plans, consisting of technical proposal, proposed schedules, and cost proposals, accordingly. • General Accounting
 Store Inventory
• Accounts Payable  Budgeting
• Accounts Receivable  GASB34 Reporter
• Treasury  Project Accounting
• Year End Closing  Fixed Assets
• Contract Management  Purchasing

1.6 Requirements
In 2019 ThirdWave Corporation developed the City’s IT Strategic Plan, and in 2020 the firm was retained to assist with the procurement of an Enterprise Resource Management (ERP) system to replace the City’s current ERP system.

1.6.1 Business Process, Functional & Technical Requirements The City has invested considerable financial and human resources towards developing a complete and comprehensive set of functional and technical requirements. Sixteen (16) As-Is and To-Be business Rapid Workflow® process mapping workshops were held with City business process owners and subject matter experts, in addition to other commonly used needs assessment techniques. Appendix K, Rapid Workflow ® As-Is & To-Be Process Maps, provides the business process maps indicating existing business bottlenecks and PeopleSoft deficiencies the proposed RFP is intended to mitigate.

Over one-hundred ninety-three (193) business challenges related to the current ERP system were articulated during the needs assessment project. Requirements address business process improvement, enhanced operations and enhanced service delivery to city customers. Over 600 functional requirements were identified. Appendix F, Business Process Functional Requirements, provides an Excel form to be filled out and included as an Excel file (.xlsx) in proposal responses.

1.6.2 Reporting Requirements
Business process owners identified 150 reports in the As-Is and To-Be Rapid Workflow® business process mapping workshops. Appendix G, Reporting Requirements, provides an Excel form to HR Application Software Financial Applications
• Benefits • General Ledger
• New Hires • Payroll
• Position Budgeting
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be filled out and included as an Excel file (.xlsx) in proposal responses. Note the number of reports included in the cost proposal.

1.6.3 Interface Requirements
The needs assessment project also identified interface requirements needs that will involve several systems including the existing ERP and Excel tables. There are currently more than twenty-two (22) internal and external interfaces that will need to be addressed with the deployment of a new ERP. Appendix H, Interface Requirements, provides an Excel form to be filled out and included as an Excel file(.xlsx) in proposal responses.

1.6.4 Data Migration Requirements
The needs assessment also identified data conversion needs that will involve several existing databases in SQL, Oracle PeopleSoft, and Excel. Appendix I, Data Migration Requirements, provides an Excel form to be filled out and included as an Excel file (.xlsx) in proposal responses, including the following:

• All payroll data
• 10 years of data for all other modules

Vendors shall describe their data conversion methodology, process, typical iterations and City and Vendor activities and responsibilities for achieving 100% complete data conversion. The data conversion scope of work will not be considered complete until all (100%) required data has been successfully migrated.

1.6.5 System Requirements

1. Graphical User Interface
The proposed ERP will provide a contemporary and consistent Graphical User Interface (GUI) with logical menus, intuitive navigation, and consistent visual cues (pull downs, checklists, check boxes, etc.). The GUI will support a consistent user experience across all major browsers. The implemented system will provide a navigation that conforms to industry best practices, across all modules including consistent use of good keyboard shortcuts, keyboard form navigation, standardized form validation, and standardized use of lookup and search screens, dropdowns, and pop-ups, tooltip text, icons, etc.

2. Web Portal
The proposed ERP system will provide the option of implementing a Web Portal that incorporates a single point of personalized, unified access to applications, content, processes, and people that integrates content and applications, including a unified, collaborative workplace; transactional features (E -Commerce) security, search, and workflow. A secured (SSL) internal and external internet access portal would be required.

All external facing portal solutions, for employees and the public, shall provide dual factor authentication.

The Web Portal will be based on a Service-Oriented Architecture (SOA) framework for building distributed systems that deliver application functionality as services to either end- user applications or other services. These services should be defined as web services using 918
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middleware (enterprise service bus (ESB)) integration tier for routing and logging to other services.

3. Archiving
a. The implemented system shall provide on-line access to the current year plus seven (7) previous years of summary and line-item detailed data retained in the system, and shall provide archive capabilities thereafter.
b. The implemented system shall provide the ability for users to selectively copy and/or archive system data to external storage media (e.g., CD -ROM, Digital Video Disk (DVD) based on user -defined number of years or other user -defined criteria and the evolution of the external data storage industry.
c. The implemented system shall provide a process to purge archived documents/data.

4. Middleware & ESB (Enterprise Service Bus)
The proposed ERP system will provide a middleware tier that connects software components or applications that consists of a set of services that allows multiple processes running on one or more machines to interact across the network. It includes web serv ers, application servers, and similar tools that support application development and delivery and is based on a SOA framework that is defined by ESB, XML, SOAP, REST, Web services, APIs, RPCs, BPEL, etc.

5. Reporting and Business Intelligence (BI)
The implemented system will provide a reporting and business intelligence (BI) module that provides the City with the ability to make educated and relatively fast decisions due to the availability of reliable and easy to digest information.

The implemented system BI module functionality will include a decision support system driven by an underlying data warehouse. The data warehouse feeds management with real- time data to ad hoc reports, online charts and tables, as well as graphical dashboards that offer a host of information in the form of financial reports, scorecards, and key performance indicators including alerts and notifications that enable staff to focus on exceptions as well as on routine or steady-state operations.

All reports and outputs should be compatible with MS Office 2019/365, CSV, TXT & PDF formats natively.

6. Interfaces
The Proposer shall provide system interfaces for internal and external applications and databases. Additional technical information about interfaces is included in Appendix H, Interface Requirements.

7. Security
The implemented system shall provide security by groups and individual users. Security must include minimum inquiry, add, update, and delete levels. Security may apply to the screen, processes and secured data items. This security must be enforced across all modules and queries, even those coming from an external source ( i.e., reporting tool).

Security functionality includes user/job role-based access, authentication (account management, password management and other account related activities) and single- sign 919
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on, mobile device business application access, database access security, etc., utilizing LDAP (Lightweight Directory Access Protocol) which supports single sign-on, account management, authentication, password policy, and access control services.

8. Redundancy, Backup and Disaster Recovery
Hardware Redundancy
a. The Proposer shall include a recommendation for hardware infrastructure that can support high availability, load tolerance, real -time failover, as well as integration into an offsite disaster recovery infrastructure.
b. The disaster recovery recommended solution shall include a complete offsite server and networking installation that has the capability to roll from the primary site to this offsite location within a 24-hour recovery window. This roll over shall include all applications and data.

Backup and Disaster Recovery
a. Software crash tolerance: Servers and client software should maintain its integrity in case of power failures and abrupt shutdowns.
b. Cloud DR site and storage updates in the event the City system fails, the vendor will provide a process and services to stand up the failed system, including the cost for doing so.
c. Immutable Backups: The proposed solution will provide immutable backups, backup files that cannot be changed or deleted for any reason whatsoever, and shall be safe from new ransomware infections after the backup has been created, and non - malicious data loss threats such as accidental file deletions and backup file overwrites. d. Provide ‘Hot Fix’ programming support in the event of a significant software bug, prior to the next scheduled software release.
e. Restart/Recovery: system must be capable of restart and recovery after system failure with no loss of data or software components.
f. Integrity checking feature: Must provide the capability of identifying the existence of program and/or system discrepancies and issue an alert to the appropriate systems operations team.
g. Incremental, differential, and full backups and restores of the database, Core and customized software, software and database configuration options, user preferences and rights, etc.

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9. Service Levels: Performance, Scalability, Availability The proposal will meet or exceed the following system and service levels:
a. Recommend the hardware to handle the average transaction load with an average CPU utilization of no more than 35% - 40% of the CPU capacity. The peak CPU utilization shall never exceed 70% of CPU capacity at any given time. b. The average transaction on the server needs to occur on average less than one second.

The response time for the most common requests to reach a user shall not exceed 3 seconds.
c. Maintain 99.99% availability — including planned maintenance. d. Track system uptime and transaction response times in order to demonstrate operation within acceptable levels.
e. Complete all simple, single-screen online inquiry transactions in under one second, during peak usage.
f. Complete an average of 99% of all online update transactions in under 5 seconds over any 60-minute period, during peak usage.
g. Recommend a window for batch processing in terms of the business cycles and minimal end-user usage (i.e., the windows you anticipate the system workload to be low).

10. System Architecture
The proposal will meet or exceed the following system architecture requirements:
a. Employ multi-tier system architecture.
b. Provide all screens, reports and transactions through a Web browser. c. Provide a graphical user interface (GUI).
d. Provide easy deployment to desktops, i.e., deployment tools to push or pull software to the desktop.
e. Provide user-defined: exits, tables, fields, screens, reports, forms, shortcut keys, menus, business rules, and workflows.
f. Provide application and system configuration tables accessible within all modules. g. Provide customizable user interfaces, including ability to customize menus and forms, and by user.
h. Provide the ability to schedule automatic job scheduling (i.e., batch jobs, billing, etc.) and automatically notify staff when a job ends successfully or unsuccessfully. i. Accommodate background (batch) jobs concurrently with online updates. j. Provide data and transaction logic validation through the use of centralized or distributed business rules.
k. Provide support for inter -process communication including, but not limited to, the following: Attachment of standard object types in an object library; cut and paste capability from data fields and screens to other applications. l. Provide the ability to attach imaged documents.
m. Provide the ability to attach scanned documents to database objects. n. Support mass changes to definable groupings of transactions. o. Support effective dating for transactions and table updates, including both future and retroactive changes.
p. Provide the user with the ability to drill down from a transaction view to the respective and supporting source record view regardless of module source. q. Provide the ability to facilitate upgrades to future operating systems, database and other software upgrades.
r. The Proposal shall describe the overall application development tools to be used in the systems integration services for the City’s selected Software Solution. 921
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11. Database Architecture
The proposal will meet or exceed the following system architecture requirements:
a. Utilize utilities for database performance monitoring and tuning that comply with industry standards, including but not limited to tools for table and file maintenance. b. Lock database records based on the City’s parameters (e.g., at row level, field level, or at the application level).
c. Provide graphical data modeling, entity relationship diagram (ERD), data definition and data dictionary components, including but not limited to business definitions and technical definitions for data elements.
d. Accommodate separate instances of databases.
e. Support online modifications to database structures with minimal user downtime. f. Allow for data replication including, but not limited to, copying an instance of any database to other City specified locations (i.e., Storage Area Network (SAN)). g. Provide the ability to set up log event triggers to automatically notify administrator when a user-defined database condition or set maximum/minimums are exceeded. h. Provide the ability for the administrator to track user behavior as well as database utilization.
i. Provide standard data extraction API to allow import and export of data. j. Provide documented best practices including but not limited to optimum database configuration, client maintenance and change control.
k. Provide for integration into Microsoft SQL Server 2019 Enterprise Reporting Services

II. GENERAL INSTRUCTIONS AND PROVISIONS

2.1 Proposal Format Guidelines
Interested entities or contractors are to provide the City a Proposal using the following guidelines:

Proposal should be typed using a 11-point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic exhibits and pricing forms. Each Proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “lay person” explanations of technical terms used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer’s response:

Section 0: Proposal Cover
A proposal cover shall include the name of the procurement: Request for Proposal: Enterprise Resource Planning System & Professional Services, the due date: March 22, 2024, company name, and address.

Section 1: Cover Letter
A cover letter, not to exceed three pages in length, should provide an executive summary of 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.

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Section 2: Table of Contents
Provide a table of contents of the proposals with all pages sequentially numbered.

Section 3: Checklist: Proposal Content, Appendices and Forms As a convenience to Proposers, a list of proposal submittal requirement, appendices and forms, is provided in Appendix C in this RFP, which should be included with Proposals.

Section 4: Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Appendix A of this RFP.

Section 5: Qualifications & Experience
Describe the qualifications and experience of the organization or entity performing services/projects within the past ten (10) years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

5.1 Corporations, Partnership or Joint Venture
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.

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.

5.2 Businesses Under Another Name
List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.).

5.3 Businesses in California
List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another name. List business name and address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.).

5.4 Years in Business
How many years have you been in business under your present business name?

5.5 Customer References
The City considers references for both the software and implementation Proposers (if different) to be important in its decision to award a contract. Implementation firms should provide at least four (4) client references for cities of similar size and complexity which have utilized the proposed system (including the proposed software version) in a comparable computing environment. References should be for fully completed (live) installations.

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All references provided may be contacted during the selection process. The City will not work through a Proposer’s Reference Manager to complete a reference. The names and phone numbers of the project manager for each reference should be listed. Failure to provide this information may result in the Proposer not being elevated to software demonstrations. Proposer hereby releases listed references from all claims and liability for damages that may result from the information provided by the reference. The C ity will attempt to contact the reference twice and then will ask the primary contact in the Proposer’s proposal for assistance. If the City fails to make contact with the reference after a third try, the reference will be considered as a “no response” in the evaluation and scored accordingly. Client reference information should include the following:
• Customer
• Project Name
• Client Contact Information:
 Project Manager
 Title
 Address
 Email Address
 Telephone Number
• Project Description
• Total project cost: Implementation, Software, Maintenance cost breakdown • Start and Completion Dates

5.6 Community Participation & Contributions
The City is interested in knowing how Proposers support the communities that they serve.

Please provide information on your organization’s participation in local community, charitable and civic organizations and events, including membership in the Costa Mesa Chamber of Commerce, charitable contributions made by your organization, etc.

Section 6: ERP Technical Proposal
The Proposer should present, in detail, featur es and capabi lities of the proposed a pplication software.

6.1 Proposed System Architecture
Provide a description of the following:

1. A description of the proposed ERP solution architecture, including a diagram or figure, as appropriate.

2. The recommended application server infrastructure.

3. The ex tent that the proposed ERP su ite of applications utilizes service-oriented architecture (SOA) or other integration functions. Describe your suggested approach and foundation for governance of the environment both during implementation and in maintenance.

4. Describe key decision criteria such as transaction volu me, real -time redundancy, failover, disaster recovery, and system distribution characteristics.

5. Describe the optimal and minimum database requirements.

6. Describe any required/suggested integration methodologies (i.e., composite application integration, middleware integration, data integration) that support the operation of your system.

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6.2 Hardware and System Software
Provide a description of the following:

1. Recommended configuration of the hardware environment including hardware specifications.

2. Recommended description of the required system software.

3. Platforms and Storage, describe suggested/typical approach for failover and scalability of the system through application server clustering, load balancing, mirroring and associated technologies or approaches.

4. Back-up and Recovery, describe the back -up and recovery methods, including available back -up tools and rea l-time redundanc y for the softwar e. Describe the recovery expectations in your proposal.

6.3 Application Software
The Proposer will provide a description of the features and functions provided by each proposed ERP, as it corresponds to the functionality requirements identified in Appendix F of this document. Provide a description of the following:

1. Describe each ERP solution/modules, including administration/development tools, security, upgrade tools, reporting and analytic tools.

2. Describe each E lectronic Content Management System solution/modules, including administration/development tools, security, upgrade tools, reporting and analytic tools.

3. Describe how modules are fully integrated (part of the base software).

6.4 Third-Party Software
Provide a description of the following:

1. All proposed third-party software. Include a statement for each third-party software and whether the Proposer’s contract will encompass the third-party product and/or whether the City will have to contract separately with the third-party firm for the product.

2. Degree of functional integration, shared security and workflow, and interface methodologies.

3. A specific disclosure of any Open- Source software being proposed as part of the overall ERP solution, and which type of licensing this software is governed by.

Detailed information will be provided in the spreadsheet provided in Appendix F, Business Process Functional Requirements.

6.5 ERP Cloud Computing Hosting/Help Desk Options
Provide a description of the following:

1. Optional cloud computing/ hosted solutions.

2. Hosting services, managed services and disaster recovery services at the Proposer’s sites.

3. Temporary hosted application as part of the design and implementation phases.

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Section 7: Implementation Approach & Workplan
Provide a detailed description of the approach and methodology that will be used to fulfill the requirements listed in the Scope of Work of this RFP. The section should include:

7.1 Project Approach & Methodology
Describe the overall project implementation methodology, including project phases, implementation best practices, roles and responsibilities on each task (Proposer and City ), Change Control, tools or models that your firm uses for identifying best practice implementations.

7.2 Project Communications
Describe the overall process for project meetings, meeting minutes, agendas, action items, schedule of reports (i.e., quarterly or monthly), as well as the communication chain during the project.

7.3 Project Management
Describe the overall best practice project management methodology that will be employed for the ERP implementation. Describe the specific techniques and activities that will be used to ensure the successful delivery. The project management method should reflect the City’s unique project, systems, and organization -- not simply quote the PMBOK methodology.

7.4 Scope of Work, Deliverables & Assumptions
Provide a detailed description of the proposed scope of work reflecting a logical, best practice work plan your firm will undertake to achieve client satisfaction and satisfy the requirements of this RFP. The scope of work should reflect a detailed Work Breakdown Schedule (WBS) illustrating project phases, tasks, sub-tasks, deliverables and assumptions.

This section will provide a work plan reflecting the WBS for the following typical project tasks. Given the critical importance of sufficient project planning and management on ERP deployments, proposals that do not provide a WBS may be deemed unresponsive.

The Proposer may propose different means, methods and procedures than those shown below, e.g., your proprietary approach, if it feels an alternate approach might prove more effective and increase the success of the ERP implementation. • Project Management
• Must have experience with government installations and processes. • Must be in business for 10 or more years.
• Must have previous migration experience (from one ERP to another). • Must have Staff capability, capacity and resources to implement solution. o Must have a named dedicated project manager and a backup project manager.
o Must have a named dedicated implementation manager and a backup implementation manager.
• Design
o System Environment (Development, Test, Production)
o Software Configuration (ERP, ECMS, Third-Party)
o Data Conversion Plan
o Integration

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• Development
o Software Installation and Configuration
o Data Conversion
o Report Development
o Integrations/Interfaces
• Testing
o Test Plans
o Functional and Technical Test Scripts
o Unit, Integration, and Regression Testing
• Documentation
o System Documentation
• Including, but not limited to,
o System installation, configuration, end user privilege and security level definitions.
o Reports: Provide system report documentation on how to write reports.

o End User Documentation
o Application Software: including role -based documentation tailored to each business process automated in the system implementation. • Training
o System Administration
o End User Training
• Quality Assurance Review Process
• Disaster Recovery Plan
• System Operations Knowledge Transfer
• System Deployment/Go-Live
• Change Management Plan
• On-Going Support and Maintenance
• Warranty and Maintenance

The successful Proposer shall be responsible for the implementation and the satisfactory performance of any third-party software included in the Proposer’s proposal. A proposal should describe any products, features or other value-added components recommended for use with the proposed system that have not been specifically requested in this RFP.

The Proposer’s work plan will be closely reviewed to confirm that the Proposer understands and effectively applies proven best practices. Per PMBOK best practices, the numbering of phases, tasks and subtasks in the Proposer’s Scope of Work should match those in the Project Schedule and Cost Proposal.

7.5 Data Migration Plan
Provide a comprehensive Data Migration Plan in accordance to the data migration requirements described in Appendix I. The Data Conversion Plan should be tailored and written to reflect our existing database environment. The data migration plan, at minimum, should address the following:

1. Proposers database Entity Relationship Diagram (ERD)

2. Conversion approach

3. Roles of the Proposer
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4. Roles of the City

5. Conversion techniques

6. Testing processes/methodology

7. Data validation procedures

8. Data extraction

9. Digital format

10. Frequency

12. Data cleanup requirements

7.6 Ongoing Technical Support
Describe the ongoing technical support options proposed by provided by the Proposer. This should include all software (ERP and Third-Party) identified in the Proposer’s proposal.

Address the following:

1. Post-impl ementation support (e.g., number of months of on-site support after Go-Live).

2. Telephone support (e.g., toll-free support hotline, hours of operation, availability of hotline twenty -four (24) hours per day and seven (7) day s per week). Include the geographic location of the telephone support staff.

3. Special plans defining “levels” of customer support (e.g., gold, silver, etc.). Define what level of support is being proposed.

4. Response time for and definition of various ty pes (levels of severity) of problems reported to the support network (e.g., critical issue response time).

5. Define automatic process for missed Service Level Agreements (SLA) for Support and compensation to the City for not meeting SLA for Support.

7.7 Warranty and Maintenance
Describe the warranty and maintenance options proposed by the Proposer. This should include all software (ERP and Third-Party) identified in the Proposer’s proposal.

1. Delivery method of future upgrades and product enhancements.

2. Historical frequency of upgrades by module.

3. Problem reporting and resolution procedures.

4. Bug fixes and patches.

5. Other support (e.g., on-site, remote dial-in, website access to patches, fixes and knowledge base).

7.8 Detailed Project Schedule
The Proposer will provide a detailed MS Project Schedule (or similar) reflecting all phases, tasks, subtasks, deliverables, key milestones, task durations; start and completion dates; and tasks City staff will be required to perform. Project schedule assumptions made by Proposer should also be noted on a separate page following the Project Schedule. Failure to provide this information may deem a proposal as non- responsive and result in the Proposer not moving to the next stage in the evaluation process. Per PMBOK best practices, the numbering of phases, tasks and subtasks in the project schedule should match those of the Proposer’s Work Plan and Cost Proposal.

7.9 Specific Tasks to be Carried out by City Staff
Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
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7.10 Additional Innovative/Creative Approaches
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.

Section 8: Financial Capacity
The City is concerned about bidders’ financial capability to perform, therefore, may ask you to provide sufficient data to allow an evaluation of firm’s financial capabilities.

Section 9: 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 and in the eventuality that key personnel leave the organization, have defined a succession plan to replace those assets. Vendors shall minimize disruptions to the project schedule and make sure new staff assigned to the project are up to speed on the project prior to assigning them. Vendor is responsible for mitigating project disruptions and promoting continuity.

9.1 Project Organization Chart: Provide a project organization indicating the anticipated Proposer and City project staffing required for a successful ERP implementation.

9.2 Roles and Responsibilities of Project Team: Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and field positions providing the services described in the Proposal, and the role and responsibility to be performed by each.

9.3 Project Team Resumes: Include resumes or curriculum vitae of each proposed staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked.

Section 10: Cost Proposal
Provide a fee schedule/pricing information for the project as referenced in the attached in Appendix J. Cost Proposal spreadsheet. The cost Proposal shall be for an enterprise site license and be valid for a minimum of 180 days following submission. The City shall not pay for software maintenance until and when the software or software module has gone live.

Section 11: 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.

Section 12: 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 . See 2.12, Conditions to Agreement of this RFP below.
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2.2 Process for Submitting Proposals

2.2.1 Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.

2.2.2 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.

2.2.3 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. Fee proposal shall be submitted in a separate file containing the following:

2.2.4 Forms to Accompany Proposal: Appendix C, Checklist: Proposal Content, Appendices and 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.

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

2.2.6 Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 5:00 p.m. (P.S.T) on March 22, 2024, Proposals will not be accepted after this deadline. Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid is received in proper time. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS.

2.2.7 Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than February 29, 2024, at 5:00 p.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 via Planetbids.

Proposers should check this web page daily for new information.

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

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

Insurance - City requires that licensees, lessees, and proposers 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).

2.3 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 in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub-criteria that logically fit within a particular evaluation criterion may also be considered even if not specified below.

Figure 2.3.1: Evaluation Criteria
Criteria %
1 Compliance with RFP Specifications 10%
2 ERP Solution Functionality & Architecture 20%
3 Qualifications of the Firm 20%
4 Implementation Methodology 20%
5 Project Manager & Staff Experience 20%
6 Cost Proposal 10%

2.4 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.

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in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews/ demonstrations, if held, are tentatively scheduled March/April 2024 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92628. This date is subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.

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

Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization.

The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be con cluded 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.

2.5 Protests
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure, which are apparent or reasonably should have been discovered prior to receipt of Proposals shall be filed in writing with the City’s Purchasing Department at least 10 calendar days prior to the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the Proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City’s Purchasing 932
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Department, within 48 hours from receipt of the notice from the City advising of City’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City’s Purchasing Department will respond to the protest in writing at least 3 days prior to the meeting at which City’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the City’s Purchasing Department, and pursue its protest at the Council meeting, it will notify the City’s Purchasing Department of its intention at least 2 days prior to the scheduled meeting.

A. Procedure – All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
 The name, address and telephone number of the protester;  The signature of the protester or the protester’s representative;  The solicitation or contract number;
 A detailed statement of the legal and/or factual grounds for the protest; and  The form of relief requested.

2.6 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.

2.7 Responsibility of Proposers
The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:
• Preparing Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Proposal; and, • Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.

2.8 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.

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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 w ithout any liability to the City.

2.9 Ex Parte Communications
Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix D with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

2.10 Conflict of Interest
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

2.11 Disclosure of Governmental Position
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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 enti ty or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix D.

2.12 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 Professional Service Agreement provided as Appendix B to this RFP, which may be modified by the City.

All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample A greement. 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.

2.13 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 D.

2.14 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
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APPENDIX A

SCOPE OF WORK

Figure 1.5.1: Number of End Users
Organization No. of Staff
1 Finance 25
2 Human Resources 12
3 Information Technology 20
4 All City Staff 690

Phased Deployment: The City anticipates the ERP system will be implemented in two phases.

Phase 1: HR/Finance GL Applications
Phase 1 will consist of HR application modules and one Finance module, General Ledger.

Proposer will be asked to structure the proposal, and this phased approach, in their project plans, consisting of technical proposal, proposed schedules, and cost proposals, accordingly.

Phase 2: Finance Applications
The Phase 2 deployment will consist of finance application modules. Proposers will be asked to structure the proposal, and this phased approach, in their project plans, consisting of technical proposal, proposed schedules, and cost proposals, accordingly. • General Accounting
 Store Inventory
• Accounts Payable  Budgeting
• Accounts Receivable  GASB34 Reporter
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• Treasury  Project Accounting
• Year End Closing  Fixed Assets
• Contract Management  Purchasing

1.6.1 Business Process, Functional & Technical Requirements The City has invested considerable financial and human resources towards developing a complete and comprehensive set of functional and technical requirements. Fifteen (15) As -Is and To-Be business Rapid Workflow
® process mapping workshops were held with City business process owners and subject matter experts, in addition to other commonly used needs assessment techniques. Appendix K, Rapid Workflow® As-Is & To-Be Process Maps, provides this information.

Over one-hundred ninety-three (193) business challenges related to the current ERP system were articulated during the needs assessment project. Requirements address business process improvement, enhanced operations and enhanced service delivery to city cus tomers. Over 600 functional requirements were identified. Appendix F, Business Process Functional Requirements, provides an Excel form to be filled out and included as an Excel file in proposal responses.

1.6.2 Reporting Requirements
Business process owners identified 150 reports in the As-Is and To-Be Rapid Workflow ® business
process mapping workshops. Appendix G, Reporting Requirements, provides an Excel form to be filled out and include as an Excel file in proposal responses. Note the number of reports included in the cost proposal.

1.6.4 Data Migration Requirements
The needs assessment also identified data conversion needs that will involve several existing databases in SQL, Oracle PeopleSoft, and Excel . Appendix I, Data Migration Requirements, provides an Excel form to be filled out and included as an Excel file in proposal responses , including the following:
• All payroll data
• 10 years of data for all other modules

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1.6.5 System Requirements

4. Graphical User Interface
The proposed ERP will provide a contemporary and consistent Graphical User Interface (GUI) with logical menus, intuitive navigation, and consistent visual cues (pull downs, checklists, check boxes, etc.). The GUI will support a consistent user experience across all major browsers. The implemented system will provide a navigation that conforms to industry best practices, across all modules including consistent use of good keyboard shortcuts, keyboard form navigation, standardized form validation, and standardized use of lookup and search screens, dropdowns, and pop-ups, tooltip text, icons, etc.

5. Web Portal
The proposed ERP system will provide the option of implementing a Web Portal that incorporates a single point of personalized, unified access to applications, content, processes, and people that integrates content and applications, including a unified, collaborative workplace; transactional features (E -Commerce) security, search, and workflow. All external facing portal solutions, for employees and the public, shall provide dual factor authentication and be secured using SSL.

The Web Portal will be based on a Service-Oriented Architecture (SOA) framework for building distributed systems that deliver application functionality as services to either end- user applications or other services. These services should be defined as web services using middleware (enterprise service bus (ESB)) integration tier for routing and logging to other services.

6. Archiving
d. The implemented system shall provide on-line access to the current year plus seven (7) previous years of summary and line-item detail data retained in the system, and shall provide archive capabilities thereafter.
e. The implemented system shall provide the ability for users to selectively copy and/or archive system data to external storage media (e.g., CD -ROM, Digital Video Disk (DVD) based on user -defined number of years or other user -defined criteria and the evolution of the external data storage industry.
f. The implemented system shall provide a process to purge archived documents/data.

4. Middleware & ESB (Enterprise Service Bus)
The proposed ERP system will provide a middleware tier that connects software components or applications that consists of a set of services that allows multiple processes running on one or more machines to interact across the network. It includes web servers, application servers, and similar tools that support application development and delivery and is based on a SOA framework that is defined by ESB, XML, SOAP, REST, Web services, APIs, RPCs, BPEL, etc.

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The implemented system BI module functionality will include a decision support system driven by an underlying data warehouse. The data warehouse feeds management with real- time data to ad hoc reports, online charts and tables, as well as graphical dashboar ds that offer a host of information in the form of financial reports, scorecards, and key performance indicators including alerts and notifications that enable staff to focus on exceptions as well as on routine or steady-state operations.

Security functionality includes user/job role- based access, authentication (account management, password management and other account related activities) and single- sign on, mobile device business application access, database access security, etc., utilizing LDAP (Lightweight Directory Access Protocol) which supports single sign-on, account management, authentication, password policy, and access control services.

Backup and Disaster Recovery
a. Software crash tolerance: Servers and client software should maintain its integrity in case of power failures and abrupt shutdowns.
b. Restart/Recovery: system must be capable of restart and recovery after system failure with no loss of data or software components.
c. Integrity checking feature: Must provide the capability of identifying the existence of program and/or system discrepancies and issue an alert to the appropriate systems operations team.
d. Incremental, differential, and full backups and restores of the database, Core and customized software, software and database configuration options, user preferences and rights, etc.
e. Cloud DR site and storage updates in the event the City system fails, the vendor will provide a process and services to stand up the failed system, including the cost for doing so.
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f. Immutable Backups: The proposed solution will provide immutable backups, backup files that cannot be changed or deleted for any reason whatsoever, and shall be safe from new ransomware infections after the backup has been created, and non - malicious data loss threats such as accidental file deletions and backup file overwrites. g. Restart/Recovery: system must be capable of restart and recovery after system failure with no loss of data or software components.
h. Provide ‘Hot Fix’ programming support in the event of a significant software bug, prior to the next scheduled software release.
i. Integrity checking feature: Must provide the capability of identifying the existence of program and/or system discrepancies and issue an alert to the appropriate systems operations team.
j. Incremental, differential, and full backups and restores of the database, Core and customized software, software and database configuration options, user preferences and rights, etc.

9. Service Levels: Performance, Scalability, Availability The proposal will meet or exceed the following system and service levels:
a) Recommend the hardware to handle the average transaction load with an average CPU utilization of no more than 35% - 40% of the CPU capacity. The peak CPU utilization shall never exceed 70% of CPU capacity at any given time. b) The average transaction on the server needs to occur on average less than one second. The response time for the most common requests to reach a user shall not exceed 3 seconds.
c) Maintain 99.99% availability — including planned maintenance. d) Track system uptime and transaction response times in order to demonstrate operation within acceptable levels.
e) Complete all simple, single-screen online inquiry transactions in under one second, during peak usage.
f) Complete an average of 99% of all online update transactions in under 5 seconds over any 60-minute period, during peak usage.
g) Recommend a window for batch processing in terms of the business cycles and minimal end-user usage (i.e., the windows you anticipate the system workload to be low).
h) Define what metrics and criteria are used to determine downtime and uptime

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h. Provide the ability to schedule automatic job scheduling (i.e., batch jobs, billing, etc.) and automatically notify staff when a job ends successfully or unsuccessfully. i. Accommodate background (batch) jobs concurrently with online updates. j. Provide data and transaction logic validation through the use of centralized or distributed business rules.
k. Provide support for inter -process communication including, but not limited to, the following: Attachment of standard object types in an object library; cut and paste capability from data fields and screens to other applications. l. Provide the ability to attach imaged documents.
m. Provide the ability to attach scanned documents to database objects. n. Provide ability to email invoices, requisitions, purchase orders, etc. to appropriate recipient.
o. Support mass changes to definable groupings of transactions. p. Support effective dating for transactions and table updates, including both future and retroactive changes.
q. Provide the user with the ability to drill down from a transaction view to the respective and supporting source record view regardless of module source. r. Provide the ability to facilitate upgrades to future operating systems, database and other software upgrades.
s. The Proposal shall describe the overall application development tools to be used in the systems integration services for the City’s selected Software Solution. t. Provide for an auditing mechanism for changes made to data and accounts by users.

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APPENDIX B

SAMPLE

PROFESSIONAL SERVICE AGREEMENT

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________________

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

W I T N E S S E T H:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to __________________, as more fully described herein; and

B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. WHEREAS, City and Consultant desire to contract for the specific services described in Appendix “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the City’s Request for Proposal (“RFP”), attached hereto as Appendix “A, Scope of Work” and Consultant’s Response to City’s RFP (the “Response”) attached hereto as Appendix “B, Professional Services Agreement” both incorporated herein by this reference.

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

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1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

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

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

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.

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

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.

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2.0. COMPENSATION AND BILLING

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

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or 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 for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.

Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “D,” attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______ months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

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

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

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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 insurance provided by this policy."

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

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

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

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of ins urance 947
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shall be attached hereto as Exhibit “E” and incorporated herein by this reference.

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

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

Provide courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Department
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6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “F” and incorporated herein by reference. Consultant’s failure to conform to the requirements set forth in Council Policy 100- 5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

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

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

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent.

Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the 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. 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 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 949
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the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

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

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

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

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

6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret.

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without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and sub-consultants 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 sub-consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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

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

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

6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

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

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

6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.23. Amendments. Only a writing executed by the parties hereto or their respective successors 951
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and assigns may amend this Agreement.

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

6.25. 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.

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

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

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

CITY OF COSTA MESA,
A municipal corporation

__________________________________ Date: __________________________ City Manager

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
Name and Title

__________________________________
Taxpayer ID Number

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ATTEST:

________________________________
City Clerk of the City of Costa Mesa

APPROVED AS TO FORM:

__________________________________ Date: ________________________ City Attorney

APPROVED AS TO INSURANCE:

____________________________________ Date: ________________________ Risk Management

APPROVED AS TO CONTENT:

____________________________________ Date: ________________________ Project Manager

DEPARTMENTAL APPROVAL

____________________________________ Date: ________________________ Department Director

APPROVED AS TO PURCHASING:

__________________________________ Date: ___________________________ Finance Director

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APPENDIX C
Checklist: Proposal Content, Appendices and Forms

Proposal Cover .................................................................................................................  Section 1 Cover Letter ......................................................................................................................  Section 2 Table of Contents .............................................................................................................  Section 3 Checklist: Proposal of Forms to Accompany Proposal ....................................................  Section 4 Background and Project Summary Section ....................................................................  Section 5 Qualifications & Experience ...........................................................................................  Section 6 ERP Technical Proposal ..................................................................................................  Section 7 Implementation Approach & Workplan .............................................................................  Section 8 Financial Capacity ............................................................................................................  Section 9 Key Personnel ................................................................................................................  Section 10 Cost Proposal ...................................................................................................................  Section 11 Disclosure .........................................................................................................................  Section 12 Sample Professional Service Agreement ......................................................................... 

Appendix D Forms
Vendor Application Form ..................................................................................................  Ex Parte Communications Certification ............................................................................  Disclosure of Government Positions ................................................................................  Disqualification Questionnaire ..........................................................................................  Bidder/Applicant/Contractor Campaign Contribution ........................................................ 

Appendix F Business Process Functional Requirements Excel Spreadsheet ….. ..............................  Appendix G Reporting Requirements Excel Spreadsheet ...................................................................  Appendix H Interface Requirements Excel Spreadsheet .....................................................................  Appendix I Data Migration Requirements Excel Spreadsheet ...........................................................  Appendix J Cost Proposal Excel Spreadsheet ....................................................................................  Appendix K Rapid Workflow® As-Is & To-Be Process Maps……………….………..……………….…...

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APPENDIX D
FORMS

Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Bidder/Applicant/Contractor Campaign Contribution

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VENDOR APPLICATION FORM
FOR
RFP No. for 24-07 Enterprise Resource Planning (ERP) System & Professional Implementation 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 business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION

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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)

Names Title Phone
___________________________________ ___________________________________

___________________________________ ___________________________________

Federal Tax Identification Number: __________________________________________

City of Costa Mesa Business License Number:

________________________________________
(If none, you must obtain a Costa Mesa Business License upon award of contract.)

City of Costa Mesa Business License Expiration Date:

________________________________
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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 formal RFP No. for 24-07 Enterprise Resource Planning (ERP) System & Professional Implementation Services at any time after February 14, 2024

________________________________ Date: _______________________ Signature

________________________________
Print

I certify that Proposer or Proposer’s representatives have communicated after February 14 03, 2023 with a City Councilmember concerning informal RFP No. for 24-07 Enterprise Resource Planning (ERP) System & Professional Implementation Services. A copy of all such communications is attached to this form for public distribution.

________________________________ Date: _______________________ Signature

________________________________
Print

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DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

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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."

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BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION

DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Date

Name of Donor
Company/Business
Affiliation
Name of
Recipient

Amount

Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder/Applicant/Proposer Date

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Appendix F Functional Requirements (Attached Excel File)

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Appendix G Reporting Requirements (Attached Excel File)

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Appendix H Interface Requirements (Attached Excel File)

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Appendix I Data Migration Requirements (Attached Excel File)

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Appendix J Cost Proposal (Attached Excel File)

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Appendix K: Rapid Workflow® As-Is & To-Be Process Maps

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Enterprise Resource Planning (ERP)
Project Implementation by Phases
Phase I: Financial
 General Accounting
 General Ledger
 Accounts Payable
 Accounts Receivable
 Fixed Assets
 Cash Management /
Treasury
 Project and Grants
Accounting
 Purchasing
 Inventory
 Budgetary Controls
 GASB Reporting
 Year End Closing
Phase II: Human Resources/Payroll
 HR Functions
 Position
Management
 Benefits
 Payroll
 Time & Labor
 Absence
 Budgeting (Operating,
Position, Capital)
ATTACHMENT 7
968

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-135 Meeting Date: 8/5/2025
TITLE:

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 DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: BRIAN GRUNER, PARKS AND COMMUNITY SERVICES

DIRECTOR
CONTACT INFORMATION: KELLY DALTON, FAIRVIEW PARK ADMINISTRATOR, (714) 754- 5135
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Addendum (Attachment 2) to the 1997 Initial Study/Mitigated Negative Declaration for Fairview Park to address new information regarding biological resources pertinent to the project.

2. Award a Professional Services Agreement (PSA) with Endemic Environmental Services Inc., 110 E Wilshire Avenue, Suite 305, Fullerton, CA 92832, for a term of 7 years for professional habitat restoration and monitoring services for the Fairview Park Mesa Restoration Project in an amount not-to-exceed $1,311,062.

3. Authorize a ten percent (10%) contingency in the amount of $131,106 for any unforeseen costs that may arise.

4. Authorize the City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement within City Council-authorized limits.

BACKGROUND:

Fairview Park is the City’slargest park, hosting 195 acres of natural open space area and 13 acres of developed lawn parkland for a total of 208 acres. Within the 195 acres of open space there are Native American Nationally Registered Historic Sites, and five different habitat ecosystems which are home to a wide array of sensitive, rare and endangered plant and animal species. The park’s significant resources and sensitive habitat areas entail a multitude of local, state, and federal regulatory provisions for environmental resource conservation and preservation. The park also offers users multiple passive recreational opportunities, including several miles of trails for walking, running, bicycling, wildlife observation, and environmental interpretation throughout the park’s different

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bicycling, wildlife observation, and environmental interpretation throughout the park’s different ecosystems.

Several key factors establish Fairview Park as an ecological resource of regional significance:
· Habitat diversity: Fairview Park encompasses several distinct habitat types, including wetlands, riparian areas, coastal sage scrub, coastal bluff scrub, and flower fields. These habitats support a wide array of plant and animal species, many of which are designated as endangered, rare, or special-status wildlife.
· Vernal pools: The park is home to vernal pools, which are ephemeral wetlands that provide critical habitat for a variety of unique and specialized organisms, including the San Diego fairy shrimp and Riverside fairy shrimp, both listed as endangered by the federal government. · Wildlife corridor: Fairview Park serves as a crucial wildlife corridor, connecting the Santa Ana River system of trails and parks to other open spaces in the region, including the Talbert Nature Preserve, the Randall Preserve, and the Huntington Beach Wetlands. This connectivity facilitates the movement of species between habitats and promotes genetic diversity, which is essential to the continued survival of wildlife populations fragmented by urban development. · Cultural and historical significance: The park contains two nationally registered cultural resources historic sites, highlighting the area’srich human history and its connection to the natural environment.
· Wildlife refuge and human ecology: Fairview Park provides a valuable refuge for wildlife amidst the urban landscape and offers a unique space for people to connect with nature and learn about the importance of preserving biodiversity for local, regional and global sustainability.

Fairview Park Master Plan
Due to these characteristics and the City’s Fairview Park Master Plan, which calls for long-term restoration of the park’snatural vegetation communities, the site of Fairview Park has historically been a strong candidate for conservation grants and environmental mitigation agreements with outside entities. Since 1996, the City has completed over 50 acres of successful habitat restoration of multiple vegetation communities, including vernal pools, coastal sage scrub, riparian, wetlands, woodlands and other habitats.

The Fairview Park Master Plan was last revised in 2008 and is currently in the process of being updated. The City’sMaster Plan calls for the restoration of the natural vegetation communities of the 50-acre Fairview Park Mesa to ecologically appropriate native grasses, flowers, shrubs and other plants to provide habitat for native wildlife. The Master Plan also calls for the establishment of a designated trail system to provide passive recreational opportunities throughout the park’svarious environs, while protecting sensitive features. In addition, the Fairview Park Master Plan Initial Study/Mitigated Negative Declaration (IS/MND) calls for the Fairview Park Cultural Resources sites to be restored to vegetation indigenous to the pre-European contact period, as the established and restored vegetation communities function as a buffer to preserve the site from unauthorized off-trail degradation and disturbance.

The Mesa Restoration project area encompasses 15 acres of native vegetation in the northern mesa

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The Mesa Restoration project area encompasses 15 acres of native vegetation in the northern mesa and bluffs. (See Attachment 1 for a map of the restoration area.) The project fulfills both Biological Resources and Cultural Resources mitigation measures of the original Fairview Park IS/MND and accomplishes a long-standing ecological restoration priority by restoring and enhancing over 15 acres of vegetation in the northern mesa and bluffs.

OCTA Mitigation
In addition to fulfilling long-term restoration and preservation objectives envisioned in the Fairview Park Master Plan, the Mesa Restoration project also fulfills the City’sremaining obligation to Orange County Transportation Authority (OCTA) and its Environmental Mitigation Program. In 2011, the City was awarded $2.0M from OCTA towards the Fairview Park Wetlands and Riparian Habitat project (“wetlandsproject”)to restore various vegetation communities in Fairview Park. The City’swetlands project is committed to restoring 23 acres of four distinct vegetation communities, which were part of OCTA’s environmental mitigation requirements associated with its Measure 2 (M2) Freeway Improvement Projects. As of its latest monitoring report for the Fairview Park Wetlands and Riparian Habitat project, the City owes OCTA an additional 9.5 acres of restoration to fulfill its contractual obligations to OCTA. These 9.5 acres of restoration in Fairview Park are also required to fulfill the requirements of wildlife agencies who oversee OCTA’sEnvironmental Mitigation Program and the OCTA M2 Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), which includes the 23-acre Fairview Park Restoration project in its final environmental documents.

City staff has been coordinating closely with staff from OCTA, California Department of Fish and Wildlife (“CDFW”),and U.S. Fish and Wildlife Service (“USFWS”)during the preparation of the restoration plan and resource permitting discussions since 2022, in addition to presenting regular updates to the OCTA Environmental Oversight Committee on the status of the project. This coordination is an essential task of this project due to the presence of state-listed and federally-listed wildlife resources present at the Fairview Park site, and due to the wildlife agencies’oversight role in the OCTA Environmental Mitigation Program. The City and the awarded implementation consultant will continue to coordinate closely with OCTA and the wildlife agencies throughout the implementation period (anticipated to occur from 2025 through 2032). The awarded consultant will be tasked with preparing regular monitoring reports documenting the progress and conditions of the restoration site through project completion and wildlife agency sign-off.

Upon completion, the Fairview Park Mesa Restoration project fulfills several goals and objectives of the City and the Fairview Park Master Plan, including:
· Enhancing the site’senvironmental quality and complementing the conservation value of 50+ acres of completed habitat restoration and enhancement. · Improving and enhancing the experience of residents seeking a unique place to connect with nature, engage in citizen science, and improve their mental and physical wellbeing through passive recreational opportunities.
· Improving the ecological value of the site for rare and endangered wildlife. · Fulfilling the City’s habitat restoration contractual obligations to OCTA and completing additional voluntary habitat restoration and enhancement. · Protecting, enhancing and preserving the site’sexisting biological and cultural resources, and

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· Protecting, enhancing and preserving the site’sexisting biological and cultural resources, and underscoring the City’s position as a steward of Fairview Park and its environmental resources.

Addendum to the 1997 Initial Study/Mitigated Negative Declaration During the preparation of the Restoration Plan, the City’s consultant reviewed the California Environmental Quality Act (CEQA) environmental documentation on file for Fairview Park. Pursuant to Government Code Section 15162(b), if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. Due to updated species listing designations for Crotch’s bumble bee (CBB) and Western Burrowing Owl (BUOW) under the California Endangered Species Act since the adoption of the 1997 Fairview Park Initial Study/Mitigated Negative Declaration (IS/MND), the consultant prepared an addendum to the 1997 IS/MND to address new information regarding biological resources pertinent to the project (Attachment 2). This addendum also discusses the project’s avoidance and minimization measures (AMMs) that achieve a long-term net uplift for Crotch’sbumble bee, Western Burrowing Owl, and other biological resources present at the project site. The City’s approval of the addendum is required to obtain the Restoration Management Permit from CDFW, which will authorize the City to begin implementation of the project in accordance with CDFW’s permit conditions.

In January 2024, the City contracted with an environmental planning consultant (MIG) to provide habitat restoration and monitoring design, CEQA, biological resource coordination, and archeological monitoring planning services for the project. The consultant completed the restoration design in August 2024.

ANALYSIS:

On September 10, 2024, the City released a Request for Proposal (RFP) on planet-bids for professional habitat restoration and monitoring services for the Fairview Park Mesa Restoration project. Six (6) proposals were received to provide these services; a summary of the bid results is included as Attachment 4.

Proposals were screened for compliance with the City’s RFP and were evaluated based on the method of approach, qualifications, and experience, staffing and cost proposal.

To ensure an objective selection process, an evaluation committee was assembled, and all members evaluated proposals independently. After a thorough evaluation of the proposals, it was determined that interviews were needed for the top three (3) proposers. Following the interviews held on May 5, 2025, and combining the scores of the proposal evaluations and interviews, the evaluation committee found Endemic Environmental Services Inc. to be well qualified to perform the requested services.

Endemic’sexpertise in wildlife biology, biological monitoring, and environmental compliance will be a critical asset to the successful execution of this project, given the highly sensitive nature of the site.

During the evaluation, Endemic Environmental Services Inc. presented their firm as possessing a thorough understanding of the project and demonstrated extensive experience and technical ability to perform the outlined scope of work in the RFP. Endemic has supported the City with biological resources management and monitoring, and restoration services since 2009, and has coordinated with the City on multiple restoration projects in the past involving biological resources and cultural

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with the City on multiple restoration projects in the past involving biological resources and cultural resources. Endemic’s expertise in wildlife biology, biological monitoring, and environmental compliance will be a critical asset to the successful execution of this project, given the highly sensitive nature of the site. In addition, Endemic’sdeep understanding of the site’sexisting resources will be of great value to the project, as the restoration’ssuccess will rely on precise implementation and adaptive management to avoid impacts to sensitive resources during the implementation process. In addition to successful performance under its contractual scope, Endemic has also contributed to public conservation activities at Fairview Park and Canyon Park over the years.

Endemic and its non-profit branch ICRE (Institute for Conservation Research and Education) have a rich history of providing nature tours, community-based restoration activities, and other programs to engage community residents in local environmental stewardship activities.

Therefore, staff recommends award of a PSA to Endemic Environmental Services Inc. (Attachment 3) for 7 years in a not to exceed amount of $1,311,062.

Cultural Resource Protection and Preservation
Most of Fairview Park’s undeveloped land contains sensitive resources, including protected archeological resources (e.g., indigenous village use area, including CA-ORA-58, a nationally registered cultural resource historic site), sensitive vegetation communities, and protected wildlife.

The Mesa Restoration Project will benefit native plant and wildlife populations by restoring native flower fields and coastal sage scrub habitats, and the establishment of native plant cover will help to protect culturally significant resources by reclaiming informal trails and otherwise reducing soil disturbance.

Disturbance to existing native vegetation/wildlife habitat, and cultural resources will be minimal during project implementation with the prescribed avoidance measures. Nevertheless, actions required for site preparation, such as initial dethatch of nonnative weeds, digging planting basins for container plants, or substantial digging required for the removal of perennial invasive plant species during weed management activities could potentially disturb in situ culturally significant resources or disturb nesting birds in nearby areas. The Mesa Restoration Project will implement avoidance and minimization measures to protect sensitive biological resources through biological monitoring, activity buffers, and adjusting the timing of restoration activities.

Avoiding impacts to culturally significant materials is more complicated and therefore-following the guidelines of a separate cultural resource monitoring plan developed by the City’scultural resources consultant-areas discovered to have artifacts or culturally significant materials at or near the surface will be buffered and excluded from restoration project activities until the appropriate actions can be taken. To provide leeway for this possibility, which could delay or disrupt the overall habitat restoration project, the City has identified a total of 11.91 acres suitable for restoration, so that up to

2.41 acres can be temporarily set aside while still providing the outstanding 9.5 acres of mitigation in a timely manner. If culturally significant materials are discovered within the project area, habitat restoration activities may need to be adjusted to protect and buffer these areas. In such cases, the restoration crew will avoid these locations until the City has determined that it is appropriate to proceed with the restoration implementation in those areas. The Cultural Resources Monitoring Plan was prepared by the City’ssub-consultant, Cogstone Resource Management, and was developed in coordination with the City’sTribal Advisory Group for the Fairview Park site. Cogstone is named on Endemic’sproposal as a sub-consultant to provide support with cultural resources monitoring and

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Endemic’sproposal as a sub-consultant to provide support with cultural resources monitoring and reporting services. Cogstone’sinvolvement in the Mesa Restoration planning and design process and ongoing work with the Fairview Park Master Plan Update will facilitate a seamless transition into the project’s implementation phase.

Implementation Tasks and Timeline
Due to the environmental factors of the site, the size and scale of the project, and the intensive effort involved with restoring degraded vegetation communities to their ecologically appropriate habitat conditions, the implementation process for this restoration is anticipated to take place over an eight- year timeline from 2025 through 2032. The project will consist of an initial site preparation and active restoration phase early in the project, followed by several years of regular maintenance and monitoring to evaluate progress and implement corrective actions during the establishment period.

The implementation schedule consists of the following primary activities and tasks to be performed over the duration of the project:
· Site Protection, Initial Dethatch, Cultural Resources Protection Monitoring, and Temporary Irrigation
· Native Revegetation Buffer (Area 4) and Drainages in Area 1 Container Planting, Irrigation, and Maintenance
· Weed Management Buffer (Area 5) Weed Maintenance
· Pre-Seed Installation Adaptive Weed Management
· Native Seed Collection and Installation
· Maintenance After Seed Collection
· Biological Monitoring and Reporting
Upon completion of the project and prior to sign-off, the City is required to place a conservation easement, deed restriction, or other Wildlife Agencies-approved conservation mechanism over the project site specifying that the area will be retained in perpetuity as open space for the purpose of native habitat conservation.

ALTERNATIVES:

Staff does not recommend any alternatives at this time.

FISCAL REVIEW:

The total amount of the proposed contract and contingency is funded through State Grant Funds (Fund 231) from the California Department of Parks and Recreation through the Office of Congressman Dave Min. Funding is available for the entire term of the proposed agreement.

LEGAL REVIEW:

The City Attorney’soffice has prepared and approved the Professional Services Agreement as to form.

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CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Advance Environmental Sustainability and Climate Resiliency CONCLUSION:

Staff recommends the City Council:

1. Approve the Addendum (Attachment 2) to the 1997 Initial Study/Mitigated Negative Declaration for Fairview Park to address new information regarding biological resources pertinent to the project.

3. Authorize a ten-percent (10%) contingency in the amount of $131,106 for any unforeseen costs that may arise.

4. Authorize the City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement within City Council-authorized limits.

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Land IQ Page 4 of 87
Figure 1-3 Location of the CSS & Flower Fields Habitat Restoration Project Areas, Including a Net of 9.5 Acres in Areas 1 and 2 Required for the OCTA Wetlands and Riparian Habitat Project.

ATTACHMENT 1
Fairview Park CSS and Flower Fields HRMP
976
Fairview Park Master Plan IS/MND (1997)
Addendum to the File
Fairview Park Mesa Restoration: Coastal Sage Scrub and Flower Fields Habitat Restoration and Project – Crotch’s Bumble Bee and Western Burrowing Owl
A
n initial study/mitigated negative declaration (IS/MND) was prepared for the originally proposed Fairview Park Master Plan (FPMP) in 1997. Pursuant to California Regs. Tit. 14, §15162(b), if changes to a project or its circumstances occur or new information become available after adoption of a negative declaration, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.

As the lead agency, the City of Costa Mesa determined, based on the habitat restoration plan for the project and guidance from the California Department of Fish and Wildlife, an addendum to the originally adopted IS/MND should be prepared. This Addendum to the IS/MND addresses new information pertaining to the Crotch’s bumble bee (CBB, Bombus crotchii) and Western Burrowing Owl (BUOW, Athene cunicularia hypugaea), both candidate species for listing under the California Endangered Species Act (CESA). Pursuant to this Addendum also discusses the project’s avoidance and minimization measures (AMMs) that achieve a long-term net uplift for CBB, BUOW present at the project site.

The FPMP was the subject of an IS/MND adopted by the City of Costa Mesa in 1997. In that document the City determined that the master plan for the 208-acre park is mostly passive with habitat restoration, trails, picnic areas, new parking west of Placentia Avenue, and an expanded model train station and museum area, trails, and picnic areas on the east side.

The IS/MND identifies that the park contains sensitive natural resources as identified in the FPMP. At the time, the list of species of concern did not include CBB, or the fact that BUOW is a candidate for listing under CESA, because the CBB was not a species of concern in 1997, and BUOW was recently listed. The 1997 FPMP includes a discussion of BUOW, which is updated here due to its recent change in listing status.

This Addendum provides a description of the species, the benefits of the project, and the measures to be included in the FPMP activities, including the Coastal Sage Scrub and Flower Fields Habitat Restoration Project to protect the species during restoration actions.

ATTACHMENT 2
977
Fairview Park IS/MND – Addendum to the File for Crotch’s Bumble Bee and Burrowing Owl
MIG 2
1997 IS/MND Assessment Regarding Impacts to Biological Resources. The IS/MND found that the FPMP was designed with sensitive resources in mind and that no significant adverse impacts are associated with the master plan if the following mitigation measures, which are recommended in the master plan, are kept a part of the project:

B-1. Any habitat restoration activities shall be carefully planned and implemented according to the Fairview Park Master Plan and in consultation with a biologist familiar with the park's native plant and animal communities.

B-2. To avoid potential impacts to sensitive species present or potentially present in the alluvial scrub community depicted on the FPMP, weed control activities (e.g., disking) shall be terminated until a resource management plan has been undertaken.

B-3. Upon approval of the Fairview Park Master Plan, the City shall review current management practices (e.g., weed control, vector control; mowing within vernal pools) to avoid potential impacts to biological resources identified in the master plan as being highly or moderately sensitive.

B-4. Development of the park west of Placentia Avenue including trenching for utilities, shall minimize impacts to highly or moderately sensitive resources, retain the natural topography to the extent feasible, and use only locally native plants in restoration and in other landscaping where appropriate. Activities on this side of the park shall be consistent with the NCCP Implementation Agreement if signed by the City of Costa Mesa.

Updated Species Information
Crotch’s Bumble Bee
The Crotch’s bumble bee (CBB, Bombus crotchii) is a candidate for listing under CESA.

The CBB occurs in grassland and scrub habitats containing nesting and/or overwintering habitat, and abundant floral resources that provide nectar and pollen during the active flight period (early-February to late-October). The species nests underground in abandoned holes created by small mammals (e.g., ground squirrels, mice, and rats), or occasionally in bird nests, but may also nest under logs and other woody debris; above ground under perennial bunch grasses, brush piles, and thatched annual grasses, and in dead trees or hollow logs (Williams et al. 2014, Xerces Society 2018). Overwintering habitat is largely unknown, but bumble bees have been documented overwintering in burrows of other animals, and in shallow excavations in soft soil, leaf litter, and other debris such as compost piles (Goulson 2010, Williams et al. 2014). Colonies are annual and only newly mated bumble bee queens overwinter 978
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(Thorp et al. 1983). In early spring, queens emerge from their overwintering site to forage on nectar and pollen, and search for suitable nest sites. In general, bumble bee colonies can support anywhere from 50 to 1,000 female workers, as well as males and the queen (Xerces Society 2018).

Based on recent focused surveys, nesting habitat and overwintering habitat are present on the Fairview Park restoration site, and CBB has been observed foraging on-site on native and non-native floral species including native phacelia (Phacelia spp.) and salvia species (Salvia spp.), and non-native black mustard (Brassica nigra; synonyms are Rhamphospermum nigrum, Mutarda nigra, and Sinapis nigra) (Endemic Environmental Services 2024).

Burrowing Owl
The burrowing owl (BUOW, Athene cunicularia) is a candidate for listing under CESA and a California species of special concern. The burrowing owl nests and roosts in open grasslands and open habitats with suitable burrows, usually those made by California ground squirrels (Otospermophilus beecheyi). BUOW use abandoned ground squirrel burrows for shelter and nesting. The breeding season in California is March to August (Shuford et al. 2008). Burrowing owls are not known to nest at Fairview Park; but are known to occupy the Park in the winter.

Proposed Habitat Restoration Project
The Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Enhancement Project (Project) is a collaborative effort between the City of Costa Mesa (City) and the Orange County Transportation Authority (OCTA) to fulfill an outstanding obligation of restoring approximately 4.5 acres of coastal sage scrub and 5.0 acres of native grassland habitat. In January 2024, the City contracted with MIG (consultant) to prepare a habitat restoration plan for the Project, which was prepared by their subconsultant, Land IQ (2024). The Project is intended, in part, to fulfill outstanding mitigation commitments to OCTA for a total of 23 acres of restoration consisting of various habitat communities in the wetlands and riparian habitat restoration area. As of November 2024, the City has completed 13.5 acres of habitat restoration towards its 23- acre commitment. The Project was designed to accomplish an additional 11.9 acres of habitat restoration, with 9.5 of these acres being in credit to the OCTA Environmental Mitigation Program. In addition, the Project will implement voluntary habitat restoration and enhancement initiatives to augment the conservation value of the site. These measures will not only contribute to the overall success of the Project but also help fulfill the long-term conservation and preservation commitments outlined in the City's adopted FPMP.
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Habitat Restoration Project Beneficial Ecological Uplift for CESA-Protected Species
Crotch’s Bumble Bee
The Project will improve many environmental factors affecting CESA-protected species, thereby providing ecological uplift. Like all bumble bees, Crotch’s bumble bee requires foraging habitat, a place to nest, and a place to overwinter (Hatfield et al. 2012). For CBB, the Project will improve the ability of the site to support all the needs of the bumble bee.

First, the Project will increase the diversity of native flowering species. Increased plant diversity is positively correlated with bumble bee abundance (Mand et al. 2002, Hines and Hendrix 2005) and has been shown to reduce competition for nectar sources with other species that may be better adapted to pollinate one species versus another (Balfour et al. 2021).

Second, the increased plant diversity will also extend the native flower blooming period to encompass the entire CBB flight season, providing critical floral resources (nectar and pollen) during the queen flight season (February to March) as queens emerge from a state of diapause (i.e., a form of hibernation), during the colony active period (April to August), and during the gyne flight season (September to October) when newly-mated queens are building fat reserves to prepare for winter hibernation. The life cycle of CBB begins when queen bees emerge from hibernation each spring (queen flight season), playing a critical role in maintaining the colony's continuity. For the colony's survival and successful reproduction, the availability of sufficient floral resources is essential during the entire flight season. For instance, newly mated queens must build fat reserves before hibernation (gyne flight season) to ensure the emergence of a new generation the following spring (CDFW 2023).

The plant palette for the Project reflects current understanding about the plant species commonly visited by CBB (Exhibit A). For example, of the 14 plant families that are represented in the plant palette, six families are the most commonly visited by CBB, including Apocynaceae, Asteraceae, Boraginaceae, Fabaceae, Hydrophyllaceae, and Lamiaceae (The Xerces Society 2018); and of these families, 24 plant species are represented. Likewise, the palette includes narrow leaf milkweed (Asclepias fascicularis), which is an important nectar source for males, and lupines (Lupinus spp.), which is an important pollen and nectar source for females (CBBA 2025). The pallete also includes plants in the genera Salvia, Acmispon, and Phacelia, which have also been shown to be important for the species (CBBA 2025).

Third, the Project will improve and increase nesting and overwintering habitat resources on the site by planting native bunch grasses, which are known to provide bumble bee 980
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nest habitat and the increased diversity of plants is expected to attract a greater abundance of small mammals to the area.

Burrowing Owl
The Project will also have benefits for the BUOW. The removal of the tall-stature non- native species (e.g., mustards, thistles, fennel) and replacement with shorter-statured native species will be beneficial for owls because it will provide more visibility to watch for approaching predators and more easily hunt for prey (CDFW 2024). The diversity of plant food resources and shorter-stature vegetation will also attract California ground squirrels, which are a keystone species in California grassland habitats, upon which BUOW are highly dependent for their burrows. The diversity of plants will provide more diverse food resources that California ground squirrels consume including seeds, fruits, stems, and leaves, and the shorter stature vegetation will provide good visibility of predators. Additionally, the diversity of plants will provide a nearly year-round source of food for BUOW prey species, including in the winter when owls have been observed as present. The increased structural diversity of native shrub and herb life forms will also attract a wider variety of prey species such as insects and small lizards (Curran 2022, Owen et al. 2024).

Avoidance and Minimization Measures for Crotch’s
Bumble Bee and Burrowing Owl
AMM-1. Qualified Biologist. The City shall ensure that the Qualified Biologist(s) are knowledgeable and experienced in the biology, natural history, and habitat requirements of CBB, including co-occurring bumble bee species, and/or BUOW, with at least two season of experience.

AMM-2. Qualified Biologist Authority. The Qualified Biologist shall immediately stop any activity that does not comply with the AMMs or order any reasonable additional protection measures, in consultation with the City and CDFW, to avoid the unauthorized take of CESA-protected species. The City shall provide unfettered access to the Project Area and otherwise facilitate the Qualified Biologist in the performance of their duties. If the Qualified Biologist is unable to comply with these measures, then they shall notify the City and CDFW immediately.

AMM-3. Education Program. The City shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work.

The program shall consist of a presentation from the Qualified Biologist reviewing the sensitive species/resources that could potentially occur in work areas, including but not limited to CBB and BUOW. The program shall include a general discussion of the life history, field identification, habitat requirements, and the legal status for each species. 981
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The Qualified Biologist shall also explain the relevant AMMs as they relate to sensitive biological resources on/around the Project Area and disclose the specific resources that will be monitored. The City shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new individuals before they are authorized to perform work in the Project Area. Upon completion of the program, they shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees that will be conducting work in the Project Area.

Avoidance and Minimization Measures for Crotch’s Bumble Bee Based on the confirmed presence of CBB on the site, initial dethatching activities and ongoing weed maintenance activities have the potential to destroy active nests and overwintering queens, and result in the temporary loss of foraging habitat. Recognizing that complete avoidance of take is likely not possible, especially in the fall and winter months when overwintering bumble bee queens are undetectable, the following measures will be implemented to minimize Project impacts to CBB and their habitat.

AMM-4. Pre-work Surveys. Pre-work surveys for CBB shall be conducted during the queen flight season, colony active period, and gyne flight season (cumulatively, February 1 through October 31) for various habitat restoration activities with different impact potential. If CBB are found to be present, the Qualified Biologist shall attempt to determine if there is an active nest in the Project Area that necessitates the establishment of a protective avoidance nest buffer.

a. Minimal to No Impact Activities. One pre-work survey shall be conducted when the potential to impact CBB or their habitat is minimal to none. These habitat restoration activities include (i) hand weed control techniques when the weeding event is timed to occur prior to predominantly synchronous flowering (i.e., individual plants in a population may flower earlier but typically most of the plants in a population flower in the same time period) of known CBB floral resources, or (ii) the targeted foliar application of grass-specific herbicides that are approved for use in the habitat restoration plan. Hand weed control techniques include hand-pulling of individual plants and the use of hand picks for cutting weeds at or above the soil surface.
b. Ground Disturbance or Flowering Food Source Removal Activities. Two pre-work surveys shall be conducted prior to Project activities involving ground disturbance (e.g., digging out perennial plants to remove the root system for effective control), the use of motorized mechanical equipment (e.g., line trimmers), the use of vehicles or mechanical tracked equipment, the use of herbicides applied according to a CDFW approved Pesticide Use Plan developed for the Project, or 982
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control of weeds that are in predominantly synchronous flowering that are known CBB floral resources.
c. Survey Guidelines. Surveys shall focus on areas with blooming native and nonnative nectar and pollen sources, including a 50-foot buffer around the work area. Conduct surveys between 8:00 am and 4:00 pm on sunny days with temperatures ranging from 55 to 90°F and wind speeds below 10 mph. Conduct presence/absence detection surveys for a minimum of 1 person-hour for each 3 acres of suitable habitat. For one pre-work survey requirements, conduct surveys no more than 2 days before starting work activities. For two pre-work survey requirements, conduct surveys no more than 10 days before work begins, at least 4 days apart, and with the second survey no more than 2 days before starting work activities.
d. Alternative Monitoring Method for Unfavorable Weather Conditions. The incidence of coastal fog and high prevailing on-shore wind speeds at Fairview Park, can, at times, limit the ability of the Qualified Biologist to complete surveys according to the guidelines before scheduled weed management activities. If weather conditions hinder surveys before Project activities, the Qualified Biologist shall monitor work on the first day of Project activities to detect CBB and nests.

This alternative monitoring approach aims to facilitate timely weed control while protecting CBB and their habitat. If CBB is detected while monitoring, the Qualified Biologist shall make every effort to detect a nest in the work area and establish a protective avoidance buffer around the nest. The Qualified Biologist has authority to recommend additional monitoring of Project activities when a survey was unable to be completed prior to start of work. The Qualified Biologist shall collaborate with the Project implementation team to determine optimal timing for maintenance weeding based on CBB activity and relevant AMMs. e. Locating Nests. If CBB are detected during pre-work surveys or monitoring, then the Qualified Biologist shall make every effort to locate nests in the Project Area. f. Nest Buffer. If active CBB nests are detected, the Qualified Biologist shall establish protective avoidance buffers around the nest(s). The buffer shall ensure protection of any existing floral resources around the nest and observed flight corridors as determined by the Qualified Biologist. At a minimum, the buffer should provide at least (i) 50 feet of clearance around nest entrances for hand weed control techniques with non-motorized hand tools, or for the targeted foliar application of grass-specific herbicides that are approved for use in the habitat restoration plan, and (ii) 100 feet of clearance around nest entrances for habitat restoration activities that involve motorized tools, ground disturbance, the use of 983
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vehicles or mechanical tracked equipment, or the use of herbicides applied according to a CDFW approved Pesticide Use Plan. The protective avoidance nest buffer may be adjusted as determined by the Qualified Biologist depending on the locations of the floral resources and flight corridors and using the most current and commonly accepted science and published guidance. Work shall not occur within the protective avoidance nest buffers until the colony is no longer active (i.e., no bees are seen flying in or out of the nest for three consecutive days), as determined by the Qualified Biologist. Restoration activities may occur within the 50 to 100-ft nest buffer only if actively monitored by the Qualified Biologist. The Qualified Biologist will observe and assess the behavior of the CBB, including the frequency of entering and exiting the nest, both before and during work. If CBB exhibits significant changes in behavior indicating stress or avoidance during work, then the Qualified Biologist shall stop all work within the buffer zone and consult with CDFW on how to proceed.
g. Reporting. All survey and monitoring findings shall be included in the annual performance monitoring reports for the Project.

AMM-5. Timing of Weed Control. To avoid potential impacts to CBB, weed control shall be timed prior to flowering of weed species that are potential food sources during project weed management activities to the extent possible. And after at least two full years of site preparation and the installation of the native seed mix in a restoration area has occurred per the habitat restoration plan (Land IQ 2024), weeding shall be done primarily by hand pulling or cutting and be timed to occur prior to flowering of the species to be weeded, when feasible.

AMM-6. Use of Grass-Specific Herbicide. The use of post-emergent, grass-specific, bee safe herbicides identified in the habitat restoration plan (Land IQ 2024) are allowed to control nonnative grasses during the site preparation phase (i.e., consistent weed management following the grow-and-kill techniques prior to installation of the native seed mix). Pre-emergent herbicides are not allowed because they may also impact newly germinated native species, hindering natural recruitment or seed mix establishment. This selective approach ensures that herbicides target only intended nonnative grass species while preserving non-target plants, minimizing potential harm to CBB, and safeguarding other pollinator species. Additionally, this approach avoids adverse impacts on plants that offer floral resources to CBB. Only one grass-specific herbicide is allowed, active ingredient fluazifop-p-butyl (e.g., Fusilade®) for foliar applications, following label-recommended rates, to treat nonnative grasses. This herbicide is listed as Green Level III on the University of California's Division of Agriculture and Natural Resources statewide Integrated Pest Management (UC IPM) database, indicating minimal toxicity to bees and requiring no bee-related precautions 984
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(UC IPM database; accessed on January 14, 2025). The residual life of herbicides in soil varies by product and can persist from several months to several years before breaking down into inert compounds. Fluazifop-p-butyl exhibits no soil activity (DiTomaso et al. 2013). Other herbicides for nonnative broadleaf weeds (e.g., thistles and mustards) may be controlled according to a CDFW approved Pesticide Use Plan.

AMM-7. Pesticide Use Plan. The grass-specific herbicide, active ingredient fluazifop-p- butyl, is approved for use during the site preparation phase of the Project prior to installation of the native seed mix. If alternative herbicide products are recommended for weed control during the site preparation phase, the City shall submit a “Pesticide Use Plan to Avoid and Minimize Impacts to Crotch's Bumble Bee” (Pesticide Use Plan) to CDFW for approval before use within the Project area. The Pesticide Use Plan will outline best management practices to avoid and minimize negative impacts to CBB and their habitat, following guidance provided by the Xerces Society, the California Department of Pesticide Regulation, and the UC IPM practices to protect bees.

Chemicals known to be toxic to bees shall be avoided (e.g., glyphosate), and applications will be conducted outside the flowering periods of known CBB floral resources and CBB active periods (February 1 through October 31) as much as possible. The Pesticide Use Plan shall include a requirement for the City to maintain records of herbicide applications, including invasive plant species treated, location and area treated, products used, application rate, application volume, and application method.

AMM-8. Insecticide and Soil Fumigant Restriction. The use of insecticides or soil fumigants are prohibited in Fairview Park to avoid the harm caused to non-target wildlife, including CBB. Only insecticides or soil fumigants approved for use in writing by CDFW, with minimal impact on non-target wildlife, may be used.

Avoidance and Minimization Measures for Burrowing Owl
BUOW are not known to nest at Fairview Park; therefore, no impacts to active nests of this species are anticipated. Per Species Protection Measure BIO-11 in the Habitat Restoration Plan, pre-work breeding/nesting bird surveys will be conducted by a Qualified Biologist during the bird nesting season (February 15 to August 31). In the unlikely event that nesting BUOW are discovered, the City shall immediately notify and consult with CDFW and adhere to recommendations for active nest buffers as specified by CDFW, and follow Measure BIO-12, Work Restrictions Near Active Nests, to ensure their protection.

For any overwintering BUOW that may be affected by Project activities near occupied winter burrows, the following Avoidance and Minimization Measures (AMMs) will be put in place to prevent potential impacts.
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AMM-9. Pre-work Surveys. To avoid disturbance to BUOW during their non-breeding season, the following pre-work survey and avoidance measures shall be implemented from October 1 to March 31.
a. Survey Guidelines. Two pre-work surveys shall be conducted by the Qualified Biologist within 14 days before work begins, at least 4 days apart, and with the second survey no more than 2 days prior to starting work activities. Surveys shall cover all work areas containing suitable BUOW habitat. In the event of a delay in Project activities leaving the site undisturbed for over 14 days, pre-work surveys must be repeated to confirm that BUOW have not established themselves in the Project Area. If pre-work surveys indicate BUOW absence, Project activities may proceed without additional measures.
b. Burrow Buffer. Upon BUOW detection, a protective avoidance buffer shall be established around their burrow in consultation with CDFW: 100 feet for low disturbance activities (e.g., hand tool use) or 300 feet for high disturbance activities (e.g., heavy equipment operation). Once the Qualified Biologist has confirmed that the BUOW has left the burrow for the season, then Project activities within the buffer area may resume.
c. Monitoring. Once the buffer is established, the Qualified Biologist will monitor Project activities occurring near the avoidance buffer for signs of adverse effects, including distress/disturbance, as needed. If adverse effects are detected, the Qualified Biologist will have the authority to stop any activity per AMM-2. d. Reporting. All survey and monitoring findings shall be included in the annual performance monitoring reports for the Project.

AMM-10. Rodenticide Restriction. The use of rodenticides is prohibited in Fairview Park to avoid the harm caused to non-target wildlife, including BUOW. Only rodenticides approved for use in writing by CDFW, with minimal impact on non-target wildlife, may be used.

Conclusion
The measures included in the IS/MND, as further elucidated in this addendum, will minimize impacts to CBB and BUOW, and no significant impacts to these species are expected as a result of the implementation of the proposed Coastal Sage Scrub and Flower Fields Habitat Restoration Project, which will ultimately provide ecological uplift to habitat for these species in Fairview Park.
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References
Balfour, N.J., K. Shackleton, N.A. Arscott, K. Roll-Baldwin, A. Bracuti, G. Toselli, F.L.W.

Ratnieks. 2021. Energetic efficiency of foraging mediates bee niche partitioning.

Ecology 102(4).[CBBA] California Bumble Bee Atlas. 2025. Results 2022-2023.

Accessed January 2025 from https://www.cabumblebeeatlas.org/project- highlights-2023.html
[CDFW] California Department of Fish and Wildlife. 2019. Evaluation of the petition from the Xerces Society, Defenders of wildlife, and the Center for Food Safety to list four species of bumble bees as endangered under the California Endangered Species Act.
[CDFW] California Department of Fish and Wildlife. 2023. CDFW Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species.

Published June 6, 2023.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=213150&inline [CDFW] California Department of Fish and Wildlife. 2024. Petition Evaluation for Western Burrowing Owl (Athene cunicularia hypugaea). Report to the Fish and Game Commission. California Department of Fish and Wildlife, P.O. Box 944209, Sacramento CA 94244-2090. 19 pp.

Curran, M.F., J.R. Sorenson, Z.A. Craft, T.M. Crow, T.J. Robinson, amd P.D. Stahl. 2022. Early seral vegetation communities increase insect abundance and diversity in a semiarid natural gas field during early and late growing season.

Accessed January 2025 from https://doi.org/10.1101/2022.06.28.494893 DiTomaso, J.M. G.B. Kyser, et al. 2013. Weed Control in natural areas in the Western United States. University of California Weed Research and Information Center, University of California Davis. 544 pp.

Endemic Environmental Services. 2024. Crotch’s Bumble Bee Photo-Only Survey Report for the Fairview Park Wetland and Riparian Habitat Project – Phase 2 Project Located in the City of Costa Mesa, California.

Goulson, D. 2010. Bumblebees: Behavior, Ecology, and Conservation. Oxford University Press, Oxford, UK.

Hatfield, R., S. Jepsen, E. Mader, S.H. Black, and M. Shepherd. 2012. Conserving Bumble Bees. Guidelines for Creating and Managing Habitat for America’s Declining Pollinators. 32 pp. Portland, OR: The Xerces Society for Invertebrate Conservation.
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Hines, H.M., and S.D. Hendrix. 2005. Bumble Bee (Hymenoptera: Apidae) Diversity and Abundance in Tallgrass Prairie Patches: Effect of Local and Landscape Floral Resources. Environmental Entomology 34(6): 1477-1484.

Land IQ. 2024. Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Monitoring Plan. Prepared for the City of Costa Mesa. July 23, 2024.

Mänd, M., R. Mänd, and I.H. Williams. 2002. Bumblebees in the Agricultural landscape of Estonia. Agriculture Ecosystems & Environment. 89:69-76.

Owen, E. M. Zuliani, M. Goldgisser, and C.J. Lortie. 2024. The Importance of Native Shrubs on the Distribution and Diversity of Reptiles and Amphibians in the Central Drylands of Southwestern USA. Accessed January 2025 at https://doi.org/10.1007/s10531-024-02851-8
Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.

Thorp, R. W., D. S., Horning Jr., and L. L. Dunning. 1983. Bumble Bees and Cuckoo Bumble Bees of California (Hymenoptera: Apidae) In Bulletin of The California Insect Survey. Volume 23.

The Xerces Society. 2018. A petition to the state of California fish and Game Commission to list the crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as Endangered under the California Endangered Species Act.

Williams, P. H., Thorp, R. W., Richardson, L. L., & Colla, S. R. (2014). The bumble bees of North America: An identification guide. Princeton University Press.

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Rev. 2-2024

CITY OF COSTA MESA

PROFESSIONAL SERVICES AG

REEMENT
WITH ENDEMIC ENVIRONMENTAL SERVICES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”),
and ENDEMIC ENVIRONMENTAL SERVICES, INC., a California
Corporation (“Consultant”).

RECITALS
A. City pr
oposes to utilize the services of Consultant as an independent contractor to perform coastal sage and flower fields habitat restoration and monitoring plan implementation for the Fairview Park Mesa Restoration Project, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official o r em ployee of City ha s a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in c onsideration of the m utual c ovenants and c onditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality
of the work and resolve the
matters of concern;
ATTACHMENT 3
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(b) Require Consultant to repeat
the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as herein
after set forth.

1.4. Warranty. Consultant warrants
that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws , including, but not limited to, those laws related to minimum hours and wages; 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-Discrimi
nation. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, e xcept as permitted pursuant to s ection 12940 of the Government Code.

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

1.7. Delegation and Assi
gnment. 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. Empl
oyees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND

BILLING

2.1. Compensation. Consult
ant 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 Million Three Hundred Eleven Thousand Sixty -Two Dollars ($1,311,062.00).
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2.2. Additional Servic
es. 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. Cons
ultant 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 PE

RFORMANCE

3.1. Commencement and Compl
etion 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 (Work Breakdown) approved by City as set forth on pages 10-11 of 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 parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to 991
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the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of eighty-four (84) months, ending on June 30, 2032, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

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.

4.4. 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. INSUR
ANCE

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 l
iability, 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.
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(c) Workers’ co
mpensation 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 err
ors 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 comm
ercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insur
eds: “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 in
surance 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 993
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which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.5. Non-Limiting. Nothi
ng 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 PROVI
SIONS

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 des
ignate 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 des
ignate 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 notic
es, 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:

Endemic Environmental Svs, Inc.
110 East Wilshire Avenue, #305
Fullerton, CA 92832
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 869-6687 Tel: (714) 754-5135
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Attn: Barry Nerhus, CEO Attn: Kelly Dalton
Courtesy copy to:

City of Costa Mesa
77 Fai
r 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 l
itigation 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. Cons
ultant 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 H
armless. 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 negligent 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 negligence of 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 995
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asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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 C
ontractor. 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 E
ligibility 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, 996
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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 once payment has been received by Consultant. 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 Rec
ords 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. Responsibili
ty 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 997
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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 Em
ployment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.19. Order of Precedenc
e. 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 par
ty 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 Effec
t. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.22. No Third P
arty 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. Paragr
aphs 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. Constructio
n. 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 del
ay 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. 998
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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 Authori
ty. 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 followi
ng page.]
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12 Endemic Environmental Services, Inc.

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

CONSULTANT
Date: __________________________
Date: __________________________
Date: __________________________
Date: __________________________
__________________________________
Signature
__________________________________
Barry Nerhus, CEO & Principal Ecologist

CITY OF COSTA MESA
__________________________________
Cecilia Gallardo-Daly
Interim City
Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Ruth Wang
Risk Management
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Kelly Dalton
P
roject Manager

DEPARTMENTAL APP
ROVAL:
__________________________________ Date: __________________________ Brian Gruner
Parks and Community Services Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina

Finance Director
1001

EXHIBIT A

REQUEST FOR P

ROPOSALS
1002
1003
1004
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to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid.

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

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

Release of RFP September 10, 2024 5:00pm
Mandatory pre-proposal Conference September 17, 2024 11:00am Deadline for Written Questions September 19, 2024 by 5:00pm Responses to Questions Posted September 24, 2024 by 5:00pm Proposals are Due September 27, 2024 by 12:00 p.m.

Interviews (if held) October 15-16, 2024
Approval of Contract October/November 2024
**All dates are subject to change at the discretion of the City.

Pre-Proposal Conference: A MANDATORY Pre -Proposal conference will be held on September 17, 2024 at 11:00 a.m. in City Hall Community Room at City Hall, 77 Fair Drive, Costa Mesa, CA 92626. A Pre -Proposal conference is held to allow for questions and clarification concerning the City’s RFP process, scope of services and subsequent contract award.

3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A– Scope of Work, of this RFP are invited to submit a proposal, provided they me et the City’s requirements as defined in Appendix A – Scope of Work, Section 1.4 Restoration Contractor Qualifications and Section 1.5 Restoration Specialist Qualifications. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.

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 20 typed pages using a 12 -point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic exhibits and pricing forms. Each Pro posal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear 1005
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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 sectio ns are to be included in the Proposer’s response:
• Cover Letter: A cover letter, not to exceed three pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.

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

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

1. An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

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

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

4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.

5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost - effective operations or increased performance capabilities.

6. Firms, individuals and entities wishing to be considered shall include in their submissions the steps they will, if selected, implement and adhere to for the recruitment, hiring and retention of former employees of the City who have been displaced due to layoff or outsourcing of functions and services formerly provided by the City.

7. Fee schedule must include costs for each location and fee schedules for any hours outside of the proposed hours of operation at each location.

• 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 1006
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similar in size and scope to demonstrate competence to perform these services. Information shall include:

1. 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.

2. 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.

3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.).

4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another name. List business name and address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.).

5. How many years have you been in business under your present business name?

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

7. 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.

8. The City of Costa Mesa is interested in knowing how Proposers support the communities that they serve. Please provide information on your organization’s participation in local community, charitable and civic organizations and events, including membership i n the Costa Mesa Chamber of Commerce, charitable contributions made by your organization, etc.

Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.
• Financial Capacity: The City is concerned about proposers’ financial capability to perform, and therefore, may request sufficient data to allow an evaluation of firm’s financial capabilities.

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• 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 resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked.

• Cost Proposal: Provide a fee schedule/pricing information for the project as referenced in the attached in Appendix C. 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. See No. 12 of this RFP below.

• 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

7. Cost Proposal

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.
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• 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. Fee proposal shall be submitted in a separate file containing the following: Fee schedule must include costs for each position with hourly rate (if applicable). • Forms to Accompany Proposal: Appendix C forms shall be attached at the end of the Proposal with the exception of the Cost Proposal which shall be submitted in a separate file. • Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis. • Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 12:00 p.m. (P.S.T) on September 27, 2024. Proposals will not be accepted after this deadline. Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid is received in proper time. Faxed or e -mailed Proposals will not be accepted. NO EXCEPTIONS.
• Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than September 1 9, 202 4 by 5:00 P.M. The City reserves the right not to answer all questions.

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

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

From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting off icer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on Planetbids will be accepted, and no response other than written will be binding upon the City.
• Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified.
• Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:
▪ Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten(10) 1009
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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 in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub- criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below.

1. Qualifications of Key Personnel—25%

2. Method of Approach—30%

3. Qualifications & Experience of Firm-- 25%

4. Cost Proposal-- 15%

5. References- 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 rese rves 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, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

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C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for the week of October 15-16, 20 24 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 9262 6 or via zoom. This date is subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.

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

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.

6. 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.
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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 eva luation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre -contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre -contractual expenses are defined as , including but not limited to, expenses incurred by Proposer in:

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

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

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

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

Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non - disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs a nd 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 w ithout 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 1012
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with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.

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

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix C with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

10. Conflict of Interest: The Proposer warrants and represents th at it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or ap pointed 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 may be modified by the City.

Submittal of a Proposal shall be deemed acceptance of all the terms set fort h 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 1013
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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. 1014
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APPENDIX A
Scope of Work
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TABLE OF CONTENTS
Executive Summary ....................................................................................................................................... v 1 Introduction ........................................................................................................................................... 1

1.1 Project Goals and Objectives ......................................................................................................... 5

1.2 Project Location and Regional Significance .................................................................................... 6

1.3 Responsible Parties ........................................................................................................................ 6

1.4 Restoration Contractor Qualifications ........................................................................................... 8

1.5 Restoration Specialist Qualifications ............................................................................................... 8

1.6 Compliance ..................................................................................................................................... 9 2 Existing Conditions, Habitat Restoration Strategy, and Project Success Criteria ......................... 10

2.1 Topography .................................................................................................................................. 10

2.2 Soils .............................................................................................................................................. 10

2.3 Vernal Pool Watershed ................................................................................................................. 11

2.4 Archaeological Site and Improper Fill Material .......................................................................... 12

2.5 Existing Vegetation Communities .................................................................................................. 16

2.5.1 Coyote Brush Scrub (Disturbed) .............................................................................................. 19

2.5.2 California Sagebrush – California Buckwheat Scrub (Restoration Area) ................................. 20

2.5.3 Purple Sage Scrub (Introduced Vegetation Community/Restoration Area) .............................. 21

2.5.4 Upland Black Mustard and Tocalote Fields ............................................................................. 22

2.5.5 Upland Shortpod Mustard and Tocalote Fields ........................................................................ 23

2.5.6 Poison Hemlock or Fennel Patches ........................................................................................... 26

2.6 Wildlife ......................................................................................................................................... 26

2.6.1 Sensitive and Protected Species ................................................................................................ 26

2.7 Habitat Restoration Strategy ........................................................................................................ 27

2.7.1 Adaptive Management .............................................................................................................. 27

2.7.2 Habitat Restoration and Enhancement Targets ......................................................................... 28

2.7.3 Project Description ................................................................................................................... 30

2.8 Implementation Schedule .............................................................................................................. 32

2.9 Project Success Criteria ............................................................................................................... 36

2.9.1 Remedial Measures .................................................................................................................. 37

2.9.2 Contingency Measures ............................................................................................................. 37

2.9.3 Notice of Completion ................................................................................................................ 37

2.9.4 Long-Term Protection Instrument ............................................................................................ 37 3 Resource Protection Measures ............................................................................................................ 38

3.1 Qualified Biologist and Approved Biologist Qualifications .......................................................... 38 1016
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3.2 Species Protection ........................................................................................................................ 38

3.2.1 Coastal California Gnatcatcher ................................................................................................. 38

3.2.2 Least Bell’s Vireo ..................................................................................................................... 39

3.2.3 Crotch’s Bumble Bee................................................................................................................ 40

3.2.4 Burrowing Owl ........................................................................................................................ 40

3.2.5 Breeding / Nesting Birds .......................................................................................................... 40

3.3 Cultural Resource Protection ....................................................................................................... 41

3.3.1 Measures for Cultural Resource Avoidance Areas ................................................................... 42 4 General Protection Measures, Initial Dethatching Event, and Temporary Irrigation System ...... 42

4.1 General Protection Measures ....................................................................................................... 42

4.1.1 Equipment ................................................................................................................................ 42

4.1.2 Project Access and Staging ...................................................................................................... 43

4.1.3 Good Housekeeping Practices .................................................................................................. 45

4.1.4 Temporary Fence and Signage ................................................................................................. 46

4.1.5 Removal of Trash and Debris ................................................................................................... 46

4.1.6 Pest Control .............................................................................................................................. 46

4.1.7 Erosion Control ........................................................................................................................ 46

4.2 Initial Dethatching Event .............................................................................................................. 47

4.3 Temporary Irrigation System ........................................................................................................ 48

4.3.1 Overhead Impact Sprinkler Irrigation System for Areas 1 and 2 .............................................. 48

4.3.2 Area 4 Bubbler Irrigation ......................................................................................................... 49

4.3.3 Irrigation System Operation ..................................................................................................... 49 5 Native Revegetation Buffer (Area 4) and Drainage Planting in Area 1 .......................................... 51

5.1 Container Plant Palette ................................................................................................................ 51

5.2 Nursery Propagation of Plant Material......................................................................................... 52

5.3 Preparation of Container Planting Basins ................................................................................... 52

5.4 Installation of Container Plants ................................................................................................... 52

5.5 Maintenance of Plantings ............................................................................................................. 53

5.5.1 Supplemental Amendments ...................................................................................................... 53

5.5.2 Container Plant Replacement ................................................................................................... 53 6 Weed Management Buffer (Area 5) ................................................................................................... 53 7 Pre-Seed Installation Adaptive Weed Management ......................................................................... 54

7.1 Physical Control Methods ............................................................................................................ 56

7.1.1 Mowing/Line Trimming ........................................................................................................... 56

7.1.2 Hand/Mechanical Pulling or Cutting ........................................................................................ 57

7.1.3 Cut-and-Dig .............................................................................................................................. 58 1017
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7.1.4 Mechanical Raking/Windrowing .............................................................................................. 58

7.2 Chemical Control Methods ........................................................................................................... 58

7.2.1 Foliar Spray Treatment............................................................................................................. 59

7.2.2 Recommended Herbicides for the Control of Nonnative Species ............................................. 61

7.2.3 Weed Seed Handling, Resprout Reduction, and Plant Matter Disposal .................................... 66

7.2.4 Biosecurity Procedures to Prevent the Spread of Invasive and Other Nonnative Plant Species 67 7.3 Management Methods for High-Priority Invasive Plants ............................................................. 68 8 Native Seed Mixes and Installation ..................................................................................................... 68

8.1 Native Seed Mixes ........................................................................................................................ 68

8.1.1 Seed Source .............................................................................................................................. 71

8.1.2 Adjustments to Seed Mixes Prior To Installation ..................................................................... 73

8.2 Seed Mix Installation ..................................................................................................................... 73

8.2.1 Hydroseeding ........................................................................................................................... 74

8.2.2 Mechanical Broadcast Seeding Implementation ........................................................................ 74

8.2.3 Hand Seeding Implementation ................................................................................................. 75

8.3 Supplemental Irrigation ................................................................................................................ 77

8.4 Seed Mix Establishment ................................................................................................................ 78

8.5 Remedial Seeding .......................................................................................................................... 79 9 Maintenance After Seed Installation ................................................................................................... 79

9.1 Post-Seeding Weed Management .................................................................................................. 80 10 Biological Monitoring and Reporting ............................................................................................ 81

10.1 Horticultural Monitoring .............................................................................................................. 81

10.2 Pre-Vegetation Clearing Biological Constraints Surveys ............................................................. 81

10.3 Spring Vegetation Performance Monitoring ................................................................................. 82

10.3.1 Photo Points and Cover Estimates ....................................................................................... 83

10.3.2 Species Lists ........................................................................................................................ 83

10.3.3 Container Plant Survivorship ............................................................................................... 83

10.3.4 Final Project Year Vegetation Transect Sampling ............................................................... 84

10.3.5 Annual Reporting ................................................................................................................. 84

10.3.6 Final Report ......................................................................................................................... 85 11 References ........................................................................................................................................ 86 1018
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EXECUTIVE SUMMARY
The Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Enhancement Project (CSS and Flower Fields Restoration Project) is a collaborative effort between the City of Costa Mesa (City) and the Orange County Transportation Authority (OCTA) to fulfill an outstanding obligation of restoring approximately 4.5 acres of coastal sage scrub (CSS) and 5.0 acres of native grassland habitat. This project is part of the larger OCTA Fairview Park Wetlands and Riparian Habitat Project (OCTA Project), which initially committed to restoring 23 acres of habitat within Fairview Park in 2011.

Aligned with the goals set forth in the Fairview Park Master Plan, this project continues the City's commitment to restoring native habitats in the park. The OCTA Project began in 2012 as part of OCTA's Environmental Mitigation Program for the Measure 2 (M2) Freeway projects. To date, the City has successfully implemented

14.4 acres of habitat restoration, which is subject to review and final approval by the Wildlife Agencies (CDFW, USFWS), providing valuable habitats for various wildlife species, including two state and/or federally protected birds: the coastal California gnatcatcher (Polioptila californica californica) and least Bell's vireo (Vireo bellii pusillus). Review and approval of the City’s habitat restoration
The CSS and Flower Fields Restoration Project aims to restore and enhance an additional

15.35 acres of habitat, comprising the following components:
• 11.91 acres of habitat restoration, including the 9.5 acres of remaining habitat restoration (4.5 acres of CSS and 5 acres of grassland) for the OCTA Project. • 1.27 acres of voluntary habitat enhancement to further enrich the area's ecological value.
• 2.17 acres of voluntary native revegetation and weed management buffer areas to support the successful establishment of native plant communities while lessening the impacts of invasive species.

By executing the CSS and Flower Fields Restoration Project, the City of Costa Mesa and OCTA will contribute significantly to the conservation and restoration of important habitats in Fairview Park. This partnership will benefit local wildlife, maintain public access to the approved trail system, comply with the requirements of Measure AA, ensure the fulfillment of mitigation obligations, and demonstrate the City's ongoing commitment to the values outlined in the Fairview Park Master Plan.
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1 INTRODUCTION
Fairview Park is located within the City of Costa Mesa (City) and is adjacent to Talbert Nature Preserve/Talbert Regional Park (Figure 1-1). One of the purposes of this project is to satisfy an outstanding habitat restoration obligation by the City and the Orange County Transportation Authority (OCTA) for approximately 4.5 acres of coastal sage scrub (CSS) and 5.0 acres of native grassland habitat for mitigation as part of the OCTA Fairview Park Wetlands and Riparian Habitat Project (OCTA Project). The OCTA Project committed to restoring approximately 23 acres of habitat within Fairview Park (City 2011).

In 1997, the City adopted a Mitigated Negative Declaration and the Fairview Park Master Plan.

Revisions to the Master Plan were adopted in 2000, 2002, and 2008. This project continues to implement the goal of the Master Plan to restore native habitat in Fairview Park.

In 2011, the City was awarded funding from OCTA as part of OCTA’s Environmental Mitigation Program for the Measure 2 (M2) Freeway projects. The OCTA Project was included in the OCTA M2 Natural Community Conservation Plan/Habitat Conservation Plan and began in 2012.

The City has implemented 14.4 acres of the committed 23 acres (which excludes the trail system per mapping completed by Land IQ) of habitat restoration for the OCTA Project, including ponds and wetlands, surrounded by other native habitats (Figure 1-2). Final review and approval by the Wildlife Agencies (CDFW, USFWS) is required before the OCTA Project is deemed complete.

The 2022 Annual Report for the OCTA Project, prepared by Endemic Environmental Services, describes the maintenance activities for the wetlands area, including the water delivery system for the constructed ponds; algae and cattail management to allow water movement as designed in the constructed wetland system, mosquito and vector control by the Orange County Mosquito and Vector Control District; weed management; vandalism, and trespassing deterrence activities. The OCTA Project provides valuable habitat for wildlife, including two state and/or federally protected birds that nest in the project area, coastal California gnatcatcher (Polioptila californica californica) and least Bell’s vireo (Vireo bellii pusillus).

The City proposes to restore and enhance an additional 15.35 acres of habitat, called the Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Enhancement Project (CSS and Flower Fields Restoration Project), which includes the approximately 9.5 acres of remaining habitat restoration (4.5 acres of CSS and 5 acres of grassland) required for the OCTA Project and 5.85 acres of voluntary habitat restoration, habitat enhancement, native revegetation, and establishment of a weed management buffer (Figure 1-3):
• 11.91 acres of habitat restoration, including 9.5 acres for the OCTA Project • 1.27 acres of voluntary habitat enhancement
• 2.17 acres of voluntary native revegetation and weed management buffer areas 1021
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The voluntary habitat improvements will complement and protect the mitigation areas while improving the overall quality of the habitat for native wildlife species and enhancing the park’s natural recreational opportunities. The total project area of 15.35 acres does not include cover from the existing public access trails. The City will protect the restored habitat from recreational impacts with a permanent fence.

1.1 PROJECT GOALS AND OBJECTIVES
This Habitat Restoration and Monitoring Plan (HRMP) for the CSS and Flower Fields Restoration Project has three primary goals that are consistent with habitat recommendations made by Land IQ (2024) for the current Fairview Park Master Plan Update:

Goal 1. Restore a total of 9.5 acres of suitable habitat in Fairview Park (4.5 acres of CSS and 5 acres of native flower field habitat) to satisfy outstanding commitments of habitat restoration for the OCTA Project.

Objective 1.1: Restore a total of 11.91 acres of habitat in Fairview Park. The project will consist of 6.17 acres of Black Sage Scrub on the north-facing slopes below the mesa and

5.74 acres of flower fields (Fiddleneck – Phacelia Fields) on the northern portion of the mesa.

Goal 2. Voluntarily implement an additional 5.85 acres of habitat restoration, habitat enhancement, and weed management buffer.

Objective 2.1: Enhance 0.1 acres of California Sagebrush – California Buckwheat Scrub and

1.17 Purple Sage Scrub that is contiguous with the habitat restoration areas.

Objective 2.2: Along public pathways install temporary fencing and revegetate a 3- meter- wide buffer strip to help protect the habitat restoration areas from recreational impacts.

Once the restoration is complete, the City will protect the restored habitat from recreational impacts with a permanent fence.

Objective 2.3: Maintain a 15-meter-wide weed management buffer between the improper fill material on the mesa and the Fiddleneck – Phacelia Fields habitat restoration area to reduce weed inputs into the restoration areas and to maintain access for future habitat restoration projects that include removal of the improperly placed fill material.

Goal 3. Protect biological and cultural resources during implementation of the project.

Objective 3.1: Implement species protection measures, as presented in Section 3.2 of this HRMP.

Objective 3.2: According to a separate cultural resource monitoring plan, to be prepared by the City, monitor for artifacts or culturally significant materials, during restoration activities that disturb the soil, including the following: the initial removal of weed thatch by wheeled and tracked equipment; digging of planting basins.
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1.2 PROJECT LOCATION AND REGIONAL SIGNIFICANCE
Spanning more than 208 acres, 195 of which are dedicated to natural open space and wildlife habitat, Fairview Park ranks among the largest urban parks in Orange County. Moreover, several key factors establish Fairview Park as an ecological preserve of regional significance:

1. Habitat diversity: Fairview Park encompasses several distinct habitat types, including wetlands, riparian areas, coastal sage scrub, and flower fields. These habitats support a wide array of plant and animal species, many of which are rare or endangered, such as the Least Bell’s Vireo (Vireo bellii pusillus; state and federally endangered) and Coastal California Gnatcatcher (Polioptila californica californica; federally threatened and a California Species of Special Concern).

2. Vernal pools: The park is home to vernal pools, which are ephemeral wetlands that provide critical habitat for a variety of unique and specialized organisms, including the San Diego fairy shrimp (Branchinecta sandiegonensis) and Riverside fairy shrimp (Streptocephalus woottoni), both listed as endangered by the federal government.

3. Wildlife corridor: Fairview Park serves as a crucial wildlife corridor, connecting the Santa Ana River system of trails and parks to other open spaces in the region, including the Talbert Nature Preserve, the Randall Preserve (owned and managed by the Mountains and Rivers Conservation Authority) and the Huntington Beach Wetlands (owned and managed by the Huntington Beach Wetlands Conservancy). This connectivity facilitates the movement of species between habitats and promotes genetic diversity.

4. Cultural and historical significance: The park contains two nationally registered cultural resource historic sites, highlighting the area's rich human history and its connection to the natural environment.

It provides a valuable refuge for wildlife amidst the urban landscape and offers a space for people to connect with nature and learn about the importance of preserving biodiversity.

1.3 RESPONSIBLE PARTIES
LANDOWNER AND “PROJECT SPONSOR” OF THE OCTA PROJECT
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Kelly Dalton
Fairview Park Administrator
Parks and Community Services Department
714-754-5135
[email protected]
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BENEFICIARY OF APPLICABLE MITIGATION CREDIT ASSOCIATED WITH THE OCTA PROJECT Orange County Transportation Authority (OCTA)
550 S. Main Street
Orange, CA 92868
Lesley Hill
Environmental Mitigation Program Project Manager 714-
560-5759
[email protected]

REGULATORY AUTHORITIES
California Department of Fish and Wildlife (CDFW)
South Coast Region
3883 Ruffin Road San
Diego, CA 92123
(858) 467-4201
State regulatory authority for:
• Crotch’s bumble bee (Bombus crotchii), candidate species for state endangered status
• Burrowing owl (Athene cunicularia), state Species of Special Concern • Coastal California gnatcatcher (Polioptila californica californica), state Species of Special Concern
• Least Bell's vireo (Vireo bellii pusillus), state endangered US Fish and Wildlife Service
(USFWS) Carlsbad Fish and Wildlife
Office 2177 Salk Ave., Suite 250
Carlsbad, CA 92008
(760) 431-9440
Federal regulatory authority for:
• Coastal California gnatcatcher (Polioptila californica californica), federally threatened
• Least Bell's vireo (Vireo bellii pusillus), federally endangered • San Diego fairy shrimp (Branchinecta sandiegonensis), federally endangered • Riverside fairy shrimp (Streptocephalus woottoni), federally endangered 1027
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1.4 RESTORATION CONTRACTOR QUALIFICATIONS
The Restoration Contractor will be responsible for restoring and enhancing native plant communities through site preparation, weed management, installation and operation of a temporary irrigation system, plant and seed installation, and maintenance including hand weeding and supplemental irrigation for installed seed and container plant material.

Implementation shall be conducted by a qualified native habitat Restoration Contractor under the oversight of a Restoration Specialist. To be considered as “qualified,” the Restoration Contractor must demonstrate the following:

1. Demonstrate experience successfully restoring native habitat within southern California in coastal sage scrub (CSS) and native grassland habitat types, including flower fields or forblands.

2. Have successfully installed at least three CSS restoration projects of at least ten acres each, achieving the specified success criteria within a five-year establishment and maintenance period.

3. Have experience designing, constructing, operating, and maintaining an aboveground temporary irrigation system.

4. Have crews for habitat restoration site preparation and maintenance that have been trained to identify and distinguish between nonnative and native seedlings/plants.

5. Designate a project manager and site supervisor, each with a minimum of five years of experience in successful native coastal scrub habitat and native grassland habitat restoration.

6. Previous experience working within, and around coastal California gnatcatcher occupied habitat.

7. Previous experience working within and around habitat with rare and/or protected species in southern California.

1.5 RESTORATION SPECIALIST QUALIFICATIONS
The Restoration Specialist will be responsible for the oversight of the Restoration Contractor, horticultural monitoring, general biological monitoring, annual performance monitoring and reporting to the City.

To be considered as “qualified,” the Restoration Specialist must demonstrate the following:

1. Minimum of a bachelor’s degree in ecological restoration, ecology, biology, environmental science, or a related field.

2. Minimum of 5 years of experience in native habitat restoration, preferably with a focus on CSS and native California flora in Southern California. 1028
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Costa Mesa City CouncilAugust 5, 2025

Costa Mesa City Council
August 5, 2025