CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, September 16, 2025
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
Council Member Marr will be attending the meeting via Zoom Webinar from:
DoubleTree by Hilton Newark Penn Station
1048 Raymond Blvd, Newark, NJ 07102
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.
Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.
Closed Captioning is available via the Zoom option in English and Spanish.
1 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda September 16, 2025
Members of the public are welcome to speak during the meeting when the Mayor opens the floor for public comment. There is no need to register in advance or complete a comment card. When it's time to comment, line up at one of the two podiums in the room and wait for your turn. Each speaker will have up to 3 minutes (or as directed) to address the City Council.
To maintain a respectful and orderly atmosphere during the meeting, attendees shall refrain from using horns or amplified speakers. Signs and props may be brought into the Chamber, provided they do not exceed 11 inches by 18 inches in size and do not hinder the visibility of other attendees. The possession of poles, sticks, or stakes is strictly prohibited.
All attendees must remain seated while in the chamber until instructed by the Presiding Officer to approach and line up for public comment. To ensure safety and maintain order during the proceedings, standing or congregating in the aisles or foyer is strictly prohibited.
Further information regarding the City's regulations on addressing the City Council and expected conduct during meetings are available at the following links.
Title 2: Administration
§ 2-61: Conduct while addressing the council.
https://ecode360.com/42609578
Title 2: Administration
§ 2-64: Disorderliness by members of the audience.
https://ecode360.com/42609598
As a courtesy, the public may participate via the Zoom option.
Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/87648515182?pwd=nhuXL3BJXPtafHvmg6Y3QK4k9OpZyO.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 876 4851 5182/ Password: 789010
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
2 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 876 4851 5182/ Password: 789010 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
Note, if you have installed a zoom update, please restart your computer before participating in the meeting.
Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].
Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.
Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
3 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
4 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) National Opioid Settlement: Purdue Pharma L.P.
USDC, Northern District of Ohio, MDL No. 2804
Rubris Reference Number: CL-1732251
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) National Opioids Settlements: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, Zydus
USDC, Northern District of Ohio, MDL No. 2804
Rubris Reference Number: CL-1763034
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Schaefer v. City of Costa Mesa
Orange County Superior Court Case No. 30-2022-01286737-CU-PO-CJC
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al.
440 Fair Dr. and 1779 Newport Blvd.
Orange County Superior Court Case No. 30-2020-01170520-CU-OR-CJC
5. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: City Manager
5 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda September 16, 2025
REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY SEPTEMBER 16, 2025 – 6:00 P.M.
JOHN STEPHENS
Mayor
MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3
ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2
JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1
KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY City Attorney Interim City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Presentation: Recognition of Anna Dolewski for Outstanding Public Service PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.
6 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Buley
2. Council Member Gameros
3. Council Member Marr
4. Council Member Reynolds
5. Council Member Pettis
6. Mayor Pro Tem Chavez
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
25-455
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.
2. READING FOLDER 25-456
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Blanco Amaro, Craig Marshall, Michael Porteous.
7 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
3. ADOPTION OF WARRANT RESOLUTION 25-430
RECOMMENDATION:
City Council approve Warrant Resolution No. 2740.
1. Summary Check Registration 8-21-2025Attachments:
4. MINUTES 25-457
RECOMMENDATION:
City Council approve the minutes of the regular meeting of August 5, 2025.
1. 08-05-2025 Draft MinutesAttachments:
5. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2025 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
25-402
RECOMMENDATION:
Staff recommends the City Council designate Council Member Mike Buley as Costa Mesa ’s voting delegate and Deputy City Manager Alma Reyes as the alternate for the 2025 League of California Cities Annual Conference.
6. ADOPT LEGISLATIVE PLATFORM AND UPDATES TO COUNCIL
POLICY 000-8
25-439
RECOMMENDATION:
Staff recommends the City Council adopt Legislative Platform and revisions to Council Policy 000-8 on Legislative Positions.
1. Legislative Platform Principles 2025
2. Council Policy 00-8 Legislative Positions updates
Attachments:
8 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
7. COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE CITY OF COSTA MESA FOR BRIDGE MAINTENANCE
REPAIRS ON THE ADAMS AVENUE BRIDGE OVER THE SANTA ANA
RIVER AND GREENVILLE BANNING CHANNEL
25-428
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed Cooperative Agreement between the County of Orange and the City of Costa Mesa for funding and maintenance of the Adams Avenue Bridge over the Santa Ana River and Greenville Banning Channel.
2. Authorize the Interim City Manager and the City Clerk to execute the Cooperative Agreement and future amendments thereto.
1. Location Map
2. Proposed Coop Agreement
Attachments:
8. APPROVAL OF A SUMMARY VACATION OF EXCESS
RIGHT-OF-WAY AT 174 EAST 19TH STREET
25-429
RECOMMENDATION:
Staff recommends the City Council:
Adopt Resolution No. 2025-xx ordering the summary vacation of a portion of right-of-way at 174 East 19th Street and authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
1. Location Map
2. Class III Cross Section
3. PC Resolution 2024-28
4. Proposed Resolution
5. Quitclaim Deed
Attachments:
9 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
9. AWARD OF THE NORMA HERTZOG COMMUNITY CENTER ROOF
REPLACEMENT PROJECT, CITY PROJECT NO. 25-05
25-435
RECOMMENDATION:
Staff recommends the City Council:
1. Award a Public Works Agreement (PWA) in the amount of $745,276 to C .I.
Services, Inc. 1145 E. Stanford Court, Anaheim, CA, 92805 to remove and replace metal roofing panels.
2. Authorize a ten percent (10%) contingency in the amount of $74,528 for unforeseen costs related to the project.
3. Authorize the Interim City Manager and City Clerk to execute the PWA and any future amendments to the agreement.
4. Authorize a budget transfer of $191,206 in City Capital Improvement Program funds from the Lions Park Café Project ( #800032) to the Norma Hertzog Community Center Roof Replacement Project (#210025).
1. Bid Abstract
2. PWA
Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
10 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 (PLANNING ZONING AND
DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE
(PLANNING ZONING AND DEVELOPMENT) TO PROVIDE
TECHNICAL UPDATES AND CLARIFICATIONS (CODE AMENDMENT
PCTY-25-0001) AND A RESOLUTION TO UPDATE THE PROCEDURE
FOR DETERMINING SHARED PARKING REQUIREMENTS AND
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
25-427
RECOMMENDATION:
Planning Commission recommends the City Council:
1. Find that the project is Exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“Common Sense Exemption”); and
2. Introduce for first reading, by title only, Ordinance No. 2025-XX approving Code Amendment PCTY-25-0001, amending Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to modify the City ’s Zoning Code to provide technical updates and clarifications.
3. Adopt Resolution No. 2025-XX amending the City of Costa Mesa Procedure for Determining Shared Parking Requirements table to reflect current parking trends.
Agenda Report
1. Draft Ordinance
2. Draft Resolution
3. Proposed Shared Parking Requirements
4. Legislative Digest
5. Current Shared Parking Requirements
6. Walls, Fences and Landscape Standards
7. Zoning Administrator Determinations
8. Ordinance No. 2021-21
9. June 23 Staff Report and Minutes
10. July 28 Staff Report and Minutes
11. August 25 Staff Report and Minutes
Attachments:
11 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda September 16, 2025
OLD BUSINESS:
1. ADOPTION OF AN ORDINANCE ADDING CHAPTER XVI
(PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE)
TO TITLE 11 (OFFENSES—MISCELLANEOUS) OF THE COSTA
MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS
PROHIBITING THE UNLAWFUL SALE OR DISTRIBUTION OF
NITROUS OXIDE IN THE CITY
25-438
RECOMMENDATION:
Staff recommends the City Council adopt Ordinance No. 2025-xx, adding Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) to Title 11 (Offenses-Miscellaneous) of the Costa Mesa Municipal Code to establish regulations prohibiting the unlawful sale or distribution of nitrous oxide in the City.
1. Nitrous Oxide OrdinanceAttachments:
NEW BUSINESS:
1. RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD
PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND
21224, FOR THE REHIRE OF BATTALION CHIEF WILLIAM
KERSHAW
25-437
RECOMMENDATION:
Staff recommends the City Council adopt by resolution the exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21224 (Attachment 1) to retain the services of retired Battalion Chief William Kershaw.
1. City Council Resolution
2. Job Offer
Attachments:
12 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
2. ADOPTION OF THE MEMORANDA OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF COSTA MESA (CITY) AND THE COSTA
MESA POLICE ASSOCIATION (CMPA), THE COSTA MESA POLICE
MANAGEMENT ASSOCIATION (CMPMA), THE COSTA MESA
FIREFIGHTERS ASSOCIATION (CMFA) AND THE COSTA MESA FIRE MANAGEMENT ASSOCIATION.
25-444
RECOMMENDATION:
Staff recommends the City Council:
1. Approve and adopt the Memorandum of Understanding between the City of Costa Mesa and CMPA (Attachment 1).
2. Approve and adopt the Memorandum of Understanding between the City of Costa Mesa and CMPMA (Attachment 2).
3. Approve and adopt the revised Memorandum of Understanding between the City of Costa Mesa and CMFA (Attachment 3).
4. Approve and adopt the revised Memorandum of Understanding between the City of Costa Mesa and CMFMA (Attachment 4).
5. Authorize the Interim City Manager and members of the City ’s Negotiation Team to execute the MOUs.
1. MOU with CMPA
2. MOU with CMPMA
3. MOU with CMFA
4. MOU with CMFMA
Attachments:
13 REGULAR CITY COUNCIL AND HOUSING
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Agenda September 16, 2025
3. 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
25-425
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 professional habitat restoration and monitoring services for the Fairview Park Mesa Restoration Project in an amount not to exceed $1,311,062 for a term of seven (7) years.
3. Authorize a ten percent (10%) contingency in the amount of $131,106 for any unforeseen costs that may arise.
4. Authorize the Interim City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement within City Council-authorized limits.
1. Mesa Restoration Project Location Map
2. Fairview Park Mesa Restoration Addendum
3. PSA Endemic Environmental Inc Mesa Restoration
4. Bid Results
Attachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-455 Meeting Date: 9/16/2025
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.
15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-456 Meeting Date: 9/16/2025
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Blanco Amaro, Craig Marshall, Michael Porteous.
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-430 Meeting Date: 9/16/2025
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:
City Council approve Warrant Resolution No. 2740.
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
City operating expenses for $962,105.40.
17 ReportlD: CCM2001
Bank: DDPI
c
Payment Ref Date
020534 08/20/25
Status Remit To
P Travel Costa Mesa
Line Description' BIA July 2025 Adjusted
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Remit ID
0000024750
020535 08/22/25 P Bobby Fouladi
Line Description: PE License Renewal
0000027337
020536 08/22/25 P Brandon Raissdana
Line Description: EMS License
0000029681
020537 08/22/25 P Brian Hara
Line Description: Safety Boots
0000030421
Oa *
3,656-95 +
705- +
957-743-45 +
962*l05aA *
Page No. 1
Run Date Aug 212025
Run Time 10:46:43 AM
Payment Amt
3,656.95
180.00
300.00
225.00
TOTAL $4,361.95
End of Report 18
Report 10: CCM2001
Bank: clTY
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
RunTime 10:45:47AM
Payment Ref Date
0255072 08/22/25
Status Remit To
American Consfruction Company, LLC
LineDescription: Retention#24-11/#200080
IT Office/T rng 24-11/200080
Remit ID
0000031176
Payment Amt
78,123.20
0255073
0255074
08/22/25
08/22/25
Axon Enterprise Inc
Line Description: Stream Live Footage to all Axo
Bound Tree Medical LLC
Line Description: EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
EMS Supplies
0000027317
0000 €)11695
39,034.29
33,196.19
0255075
0255076
08/22/25
08/22/25
Bracken's Kitchen Inc
Line Description: Shelter Meal Svc 6/16-6/29/25
Charter Communications
Line Descrrption: 237930101-City Hall Video Svs
237939101-Fire Sta #4 Network
237927101-Parks Admin Network
237927001-Fire Sta #6 Network
2379267CIl-City Hall Video Svs
237926201-City Hall Video Svs
237940001-CH Hub Network Svs
244133301-BCC Internet Svs
2401599C)1-DRC Internet Svs
237940101-NHCC Public WiFi
237938801-NHCC Network Svs
0000029468
0000011202
18,952.88
22,283.29
19 Report 10: CCM2001
Bank: CITY
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
RunTime 10:45:47AM
Payment Ref Date
0255077 08/22/25
0255078 08/22/25
Status Remit To
Lrne Description' 237939201-DRC Network Svs
237927601-BCC Network Svs
237925901-PD Public WiFi
237929301-PD Video Svs
237926501-PD Video Svs
237939301-Fire Sta #2 Network
253883901-Lions Park Caf? Inte
252590301-Bridge Shelter Inter
2436455C)1-Code Enforcement Int
237940401-Fire Sta #4 Internet
237939901-Code Enforcement Net
237939601-Bridge Shelter Netwo
237939501-SCP Substation Netwo
2379390C)1-Parks @ Corp Yard Pu
237939401-Fire Sta #3 Network
237940301-Libraiy Public WiFi
237940501-Fire Sta #4 Network
237906001-Unreturned Equipment
2379264C11-City Hall Public WiF
237926601-Senior Center Intern
237926801-City Hall Network/Vi
237927201-Senior Center Networ
237927301-West Side Substation
2379274CIl-Corp Yard Network Sv
237927801-City Hall Internet S
237938601-CH Basement Internet
2379387C)1-Bridge Shelter Publi
2379389C11-Bridge Shelter Video
P Ford Fleet Care
Line Description: Repair-July 2025
Repair-May 2025
Repairs-June 2025
P Kimley Horn & Associates Inc
Line Description: Safe Route 2 School-Jun 25
Safe Route 2 School-May 25
Remit 10
0000026262
0000005251
Payment Amt
26,391 .24
65,053.36
20 Report 10: CCM2001
Bank: CITY
cle:
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Payment Ref Date Status Remit To Remit ID
0255079 08/22/25 P LINA
Line Descripfion. Voluntary Life Ins Aug 2025
Retiree Life Aug 2025
Active Life/AD&D Aug 2025
LTD Ins Prem Aug 2025
0000015623
0255080 08/22/25 P Napa Auto & Truck Parts
Line Description: Parts- July
Parts June 2025
Parts-July
0000012968
0255081 08/22/25 P Skydio Inc
Line Description: Drones Hardware & Perpetual So
Care & Online Academy
Sales Tax 7.75o/o
Shipping Fee
0000031283
0255082 08/22/25 P Vigilant LLC
Line Description: CYBERDNA ALERTING & SUBSCRIPTI
0000024878
0255083
0255084
08/22/25
08/22/25
P West Coast Arborists Inc
Line Description: Tree Maint 7/1-7/15/25
P Z&K Consultants, Inc
Line Description.' Staff Support Srvs
0000004498
0000029416
0255085
0255086
08/22/25
08/22/25
P AT & T
LineDescription: 911 CamaTrunks8/14-9/13/25
P AT & T
0000001107
0000001107
Page No. 3
Run Date Aug 21,2025
Run Time 10:45:47 ANI
Payment Amt
37,762.64
23,148.88
62,7 45.72
23,100.00
280,503.50
20,440.35
165.99
3,590.48
21 Report 10: CCM2001
Bank: clTY
C cle:
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
Run Time 10:45:47 AM
Payment Ref Date Status Remit To
Line Description: Cool Line for PD
TeWinkle Park
PD Emergency Line
DID Trunk Line
Outgoing Trunk Line
Estancia Park
Wakeham Park
Smallwood Park
DRC Alarm
800 Mhz Radio Link
IT Computer Room
Remit 10 Payment Amt
0255087
0255088
0255089
0255090
08/22/25
08/22/25
08/22/25
08/22/25
P American Alarm Systems Inc
Line Descripfion: FS#1 Fire Alarm 8/1-10/31/25
P Athletic Field Specialists
Lrne Description: Turf Application @ City Sports
P Beach Housing Partners LP
Line Description: Rental Assistance-D Noel
P Bee Busters Inc
Line Descriptron: Bee Colony Abatement
Bee Colony Abatement
0000008900
0000023215
0000031198
0000007572
127.50
5,300.00
272.00
440.00
0255091
0255092
0255093
08/22/25
08/22/25
08/22/25
P Bernard King
Line Description.' Rental Assistance-T Evergreen
P CM/CE
Line Description: James St Proj Jan-Apr 2025
P CSG Consultants Inc
0000031254
0000026894
0000001887
370.00
5,665.95
7,339.69
22 Report 10: CCM2001
Bank: CITY
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
RunTime 10:45:47AM
C cle:
Payment Ref Date
0255094 08/22/25
0255095 08/22/25
0255096 08/22/25
Status Remit To
Line Description.' Bldng Plan Check-May 2025
P California Forensic Phlebotomy Inc
Line Description: Blood Draw Svc July 25
P City of Huntington Beach
Line Description: Helicopter Svc-Jun 2025
P Commercial Interior Resources
Line Description: FS#5 Fitness Rm Floor Install
Remit ID
0000001500
0000002599
0000031200
Payment Amt
2,893.00
4,335.00
9,965.00
0255097 08/22/25 P Corporate Modular Services Inc.
Lrne Descripbon.' SALES TAX (7.75%)
4th FI Conf Furniture
THIRD FLOOR REMODEL
0000030380 14,048.12
0255098
0255099
0255100
0255101
08/22/25
08/22/25
08/22/25
08/22/25
P Daniels Tire Service
Line Description: Pickup & Disposal of used Tire
P Dell Computer Corp
Line Description: Computer Equipment
P Edwina Garcia
Line Description: Refund Rec Dep 2009076.002
P Entenmann Rovin Company
Line Description: PD Badges
PD Retirement Badges
0000001922
0000001962
0000031469
0000002130
214.10
3,235.43
950.00
1 ,357.24
23 Report ID: CCM2001
Bank: clTY
cle:
Payment Ref Date
0255102 08/22/25
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Status Remit To Remit 10
P Entrust Janitorial LLC
Line Description: Janitorial Svcs @ 3190 Airport
0000030309
0255103 08/22/25 P Eugene Popok
Line Descriptron: Cannabis Dep Overpayment
0000031467
0255104 08/22/25 P Fun Photos
Line Description: Wild Wild West Dance-4/1/25
Mothers Day Brunch-5/8/25
0000030108
0255105 08/22/25 P G & W Towing
Line Descrrption: Towing Svc4523
0000002289
0255106 08/22/25 P Galls LLC
Line Description: Uniform-Trevino
Uniform-Pearson
Uniform-Bowman
Uniform-Muck
Uniform-Fay
Uniform-Brown
Uniform-Haney
Uniform-Nabong
Uniform-Nguyen
Safety Vest-Kiler
Uniform-Rios
Uniform-Wirtzer
Uniform-Bao
Uniform-Bao
Uniform-Richie
Uniform-Nabong
Uniform-Villegas-Godina
Patch-CMPD
Uniform-Haney
Safety Vest-Christinson
0000002297
Page No. 6
Run Date Aug 21,2025
RunTime 10:45:47AM
Payment Amt
1,025.00
10 00
600.00
790.00
11 ,552 05
24 Report 10: CCM2001
Bank: clTY
Payment Ref Date
0255108 08/22/25
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Status Remit To
Line Description: Safety Vest-Abarca
P Grafix Systems
Line Descrrption: Graphics-Unit #728
Remit 10
0000031016
0255109 08/22/25 P Grainger
Line Descrrption: Telecomm Supplies
Telecomm Supplies
Hardware
0000002393
0255110
0255111
0255112
0255113
0255114
0255115
08/22/25
08/22/25
08/22/25
08/22/25
08/22/25
08/22/25
P Hirsch Pipe & Supply Company Inc
Line Descrrption: Plumbing Supplies on an as nee
P Hoag Executive Health
Line Descrrption: HOAG Wellness Progr-Jun 2025
P Hoag Memorial Hospital Presbyterian
Line Description: EMS Supplies
P Image Concepts
Line Description: Uniform-Blazers
P JC Motors
Line Description: Parts-Front&Rear Tires
P KYA Services LLC
Line Description: Install Batting Cages-Final Pm
Bullpen/Batting Cages-Final
0000026475
0000030617
0000002546
0000026883
00000201 43
0000030710
Page No. 7
Run Date Aug 21,2025
Run Time 10:45:47 AM
Payment Amt
370.07
1 ,832 81
146.03
5,095.00
36.88 51 .24
2,539.28
10,155.21
25 Report ID: CCM2001
Bank: clTY
cle:
Payment Ref Date
0255116 08/22/25
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Status Remit To
P Katella Terrace LP
Line Description.' Rental Assistance-R Holland
Remit ID
0000031365
0255fl7 08/22/25 P LN Curtis & Sons
Line Description: Firefighter Pants/Shirts
Firefighter Pants/Shirts
Firefighter Uniforms
Firefighter Shirs
Wildland Jackets/Pants
0000002983
0255118 08/22/25 P Langlois Fancy Frozen Foods
Line Description: Jail Food Services
Jail Food Services
Jail Food Services
0000030651
0255119
0255120
08/22/25
08/22/25
P Lexipol LLC
Line Description.' Annual Fite Master Svc
P Long Beach BMW
Line Description: 635-Grips Replaced 36k Svc
0000017141
0000015745
0255121 08/22/25 P Los Angeles Times
Line Description: Home Rehab Notice
Public Hearing Notice-Jul 25
Legal Notices
0000003000
0255122
0255123
08/22/25
08/22/25
P Lowes Business Account
Line Description: Plumbing Snake
P Maria Sanchez
Line Description: Refund Rec Dep 2009077.002
0000017688
0000008915
Page No. 8
Run Date Aug ;)1,2025
RunTime 10:45:47AM
Payment Amt
936.00
2,084.55
791 .64
10,057.20
1,640.82
5,827.04
2,977.78
250.00
26 City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
Run Time 10:45:47 AM
Report 10: CCM2001
Bank: CITY
Payment Ref Date Status Remit To Remit ID Payment Amt 0255124
0255125
0255126
0255127
08/22/25
08/22/25
08/22/25
08/22/25
P MetLife Legal Plans Inc
Line Descriptron: MetLife Legal Premium Aug 25
P OHD LLLP
Line Description: ANNUAL CALIBRATION
P Orange County Dept of Education
Line Descripfion: Refund Rec Dep 2009075.002
P Orange County LGBT Pride, lnc.
Line Description: QC Pride Festival-9/27/25
000001 4707
0000025866
0000000442
0000030887
5,244.00
1 ,010.00
500.00
10,000 00
0255128
0255129
08/22/25
08/22/25
P Orange County Museum of Art
Line Description.' FACILITY RENTAL
P Orchard View Senior LP
Line Description: Rental Assistance-H Kuhn
0000017995
0000031199
7,225.00
480.00
02551 30 08/22/25 P Palm Island Apartments
Line Description: Rental Assistance-S Chaney
0000031366 500.00
0255131
0255132
08/22/25
08/22/25
P Park Stanton Place
Lrne Description: Rental Assistance-L Elman
P Park Stanton Place
Line Description: Rental Assistance-K Flynn
0000031385
0000031385
500.00
500.00
27 Report ID: CCM2001 City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Bank: clTY
cle:
Payment Ref Date
0255133 08/22/25
0255134 08/22/25
0255135 08/22/25
Status Remit To
P Peiman Hjirahim
Line Description.' Refund Permit EENC-25-0364
P Pivot Solutions LLC
Line Description: 729-Paint and Body Repair
P Power Systems Testing Co
Line Description: ACCEPTANCE TESTING FOR CIRCUIT
Install & Test a Transfer Swit
Remit 10
0000031451
0000030415
0000029369
Page No. 40
Run Date Aug 21,2025
Run Time 10:45:47 AM
Payment Amt
5,000.00
2,962.90
3,000.00
0255136 08/22/25
0255137 08/22/25
0255138 08/22/25
0255139 08/22/25
P Prosurface Inc
Line Descrrption: Basketball Adjustment Locks
P Quinn Company
Line Descriptron' Maintenance Svc
P RPW Services Inc
Line Description: Rodent Control
P Randall Lewis
Line Description: Refund Rec Dep EENC-25-0047
0000029488
0000015404
00000al2440
0000031452
500.00
319.58
190.00
500.00
0255140 08/22/25 P Renewell Fleet Services LLC
Line Description: Gear Interlock Module
Bypass Latch Assy, Seat Belts
Seat Cushion Stock
Exhaust, gages, Handle
Valve Flow Control
0000031060 12,490.61
0255141 08/22/25 P Sierra Club Angeles Chapter 0000031468 850.00 28 Report 10: CCM2001
Bank: aTY
C cle:
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
Run Time 10:45:47 AM
Payment Ref Date Status Remit To
Line Description: Refund Rec Dep 2009078.002
Remit ID Payment Amt
0255142 08/22/25 P Signature Glass Tinting Inc
LineDescription: WINDOWTINTING-647
WINDOW TINTING - 331
0000031085 680.00
0255143 08/22/25 P SiteOne Landscape Supply LLC
Line Description: Ballfield Equipments
0000024133 4,280.68
0255144 08/22/25 P South Coast Air Quality Mgmt District Line Description: FS 4- Annual Renewal
FS 4- Emissions Fee
0000003939 736.57
0255145 08/22/25 P South Coast Lighting & Design Inc Line Description: Solar Lighting Equipment @ CM
0000019512 13,501.01
0255146 08/22/25 P Southern California Edison Company Line Description: 350 Bristol 7/1 1 -8/1 0/25
199 Broadway 7/17-8/14/25
401 Broadway 7/17-8/14/25
Prez Park 7/15-8/12/25
410 Menimac B 7/14-8/11/25
410 Merrimac A 7/14-8/1 1/25
3190 Red Hill 7/11-8/10/25
1256Adams 7/14-8/11/25
2944 Bristol 7/17-8/14/25
1071 Arlington 7/ff-8/10/25
1050 Arlington A 7/11-8/10/25
980 Arlington A 7/1 1-8/10/25
980 Arlington C 7/1 1-8/10/25
744 James 7/9-8/6/25
2612 Harbor 7/'17-8/14/25
152 Baker 7/1 1-8/10/25
3190 Airport Lp 7/1 1-8/1 0/25
0000004088 7,873.27
29 Report 10: CCM2001
Bank: CITY
C cle:
City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
Run Time 10:45:47 AM
Payment Ref Date Status Remit To
LineDescription: 3175Airway7/11-8/10/25
Arlington Ped X 7/11-8/10/25
360 0gle 7/14-8/1 1/25
3191 Red Hill 7/11-8/10/25
Remit ID Payment Amt
0255148 08/22/25 Southern California Shredding Inc
Line Description: On-Site Shredding Services
On-Site Shredding Services
0000025605 205.00
0255149 08/22/25 Spectrum Gas Products
Line Description: Medical Lg Cyl Rent
Medical Lg Cyl Rent
Misc Parts and Labor
Medical Lg Cyl Rent
Medical Lg Cyl Rent
Oxygen Medical
Medical Cyl Rent
0000012653 724.28
0255150 08/22/25 The Home Depot Credit Services
Line Description: General Supplies Bldg Maint
Tools Response/Control
Tools Equip Maint
Maint Equip Maint
Tools Bldg Maint
Hardware Supplies Bldg Maint
General Supplies Graffiti Abat
Hardware Supplies Equip Maint
General Supplies Street Maint
Plumbing Supplies Bldg Maint
Hardware Supplies Park Maint
0000002560 11 ,060.20
0255151 08/22/25 US Bank 0000002228 8,038.46
Line Description: Payroll Deductions 25-16
30 Report 10: CCM2001 City of Costa Mesa Accounts Payable
SUMMARY CHECK REGISTER
Page No.
Run Date Aug 21,2025
Run Time 10:45:47 AMBank: clTY
cle:
Payment Ref Date
0255152 08/22/25
Status Remit To
P USI Inc
Line Description.' LAMINATING MATERIALS
Remit ID
0000005890
Payment Amt
852.41
0255153 08/22/25 P UniFirst Holdings Inc
Line Descrrption' CLEANING SERVICE CMBS 7/28
0000030616 71 .40
0255154 08/22/25 P Verizon Wireless
Line Description: WIRELESS PHONE
WIRELESS PHONE
WIRELESS PHONE 6/18-7/17
WIRELESS PHONE 5/18-6/17
WIRELESS PHONE 4/18-5/17/25
0000008717 7,584.44
0255155 08/22/25 P West Coast Fence Co
Line Description: Fence Repair@Balearic Pk
0000021495
TOTAL
590.00
$957,7 43.45
End of Report
31 ReportlD: CCM20010
Bank: clTY
cle:
Payment Ref Date
0255107 08/22/25
Status
o
Remit To
Galls LLC
Line Description: Overflow
City of Costa Mesa Accounts Payable
CCM OVERFLOW CHECK LISTING
Remit 10
0000002297
0255147 08/22/25 o Southern California Edison Company Line Description: Overflow
0000004088
Page N0. 1
Run Date Aug 21,2025
RunTime 10:46:06AM
Payment Amt
0.00 0 00
TOTAL oon
End of Report 32
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-457 Meeting Date: 9/16/2025
TITLE:
MINUTES
DEPARTMENT: City Manger’s Office/City Clerk’s Division
RECOMMENDATION:
City Council approve the minutes of the regular meeting of August 5, 2025.
33 Minutes – Regular Meeting August 5, 2025 Page 1 of 17
REGULAR CITY COUNCIL AND HOUSING AUTHORITY
AUGUST 5, 2025 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:11 p.m.
ROLL CALL
Present: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: Council Member Buley.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: City Manager
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: RDK Group Holdings, LLC v. City of Costa Mesa, Orange County Superior Court Case No. 30 2025 0149581 CU WM WJC
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.
Orange County Superior Court Case No. 30 2020 01133479
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al.
440 Fair Dr. and 1779 Newport Blvd.
Orange County Superior Court Case No. 30 2020 01170520
5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D'Alessio Investments LLC v. City of Costa Mesa Orange County Superior Court Case No. 30 2020 01132646
34 Minutes – Regular Meeting August 5, 2025 Page 2 of 17
6. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D’Alessio v. City of Costa Mesa, et al.,
United States District Court, Central District of CA, Case No. 8:25 cv 00679 DOC DFM
7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Farrell Harrison v. City of Costa Mesa, et al., Orange County Superior Court Case No. 30-2025-01495293-CU-WM-CJC City Council recessed at 4:13 p.m. for Closed Session.
Closed Session adjourned at 6:00 p.m.
CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:08 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the Mayor led the Pledge of Allegiance.
MOMENT OF SOLEMN EXPRESSION – Led by Calvary Chapel Dave Manne, Pastor Emeritus.
ROLL CALL
Present: Council Member Gameros, Council Member Marr, Council Member Pettis (Left at 10:00 p.m.), Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: Council Member Buley.
CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.
PRESENTATIONS: NONE.
MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Continue New Business Item No. 3 to a future meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, and Mayor Stephens.
Nays: Mayor Pro Tem Chavez.
Absent: Council Member Buley.
Abstain: None.
Motion carried: 5-1
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Veronica Anderson, Costa Mesa, spoke on troublesome issues on Puente Avenue including trash, intoxicated individuals, and illegal activity, requested police patrols and permit parking. 35 Minutes – Regular Meeting August 5, 2025 Page 3 of 17 Cynthia McDonald, Costa Mesa, spoke on good governance, transparency, and spoke on attending the housing meeting and suggested forming an advisory committee.
Margaret Freeman, Costa Mesa, spoke on troublesome issues on Puente Avenue regarding parking, trash, and littering, and requested permit parking.
Jay Humphrey, Costa Mesa, reported a road repair needed on the North side of Harbor Blvd under the 405 freeway, spoke on ticketing e-bikes for speeding, spoke in support of an ethics policy, spoke on the Fairview Developmental Center and rezoning, and requested a citizens advisory committee.
Barrie Fisher, Costa Mesa, spoke on troublesome issues on Puente Avenue and requested permit parking, spoke on parking and noise issues by sober living homes, and requested increased police patrols.
Alfie Sanchez, Majestic Cycling, spoke on the Masters Crit Championships bike racing event on August 10, 2025.
Nancy Jackson, Costa Mesa, League of Women Voters of Orange Coast, spoke in support of compliance with the Brown Act.
Victor Valladares spoke on immigration issues.
Debbie Koken, Costa Mesa, spoke in support of the Endemic agreement, and supports maintaining Fairview Park as a natural habitat.
Shayanne Wright, Costa Mesa, spoke on pedestrian safety and accessibility at the intersections of Rochester Blvd. and 18th Street, and Harbor Blvd. and Newport Blvd.
Margo Farris spoke on the Tennis Center raising the prices and changing the fee structure and requested the operators to be investigated.
David Martinez, Costa Mesa, spoke in favor of Consent Calendar item no. 8 regarding the Newport Blvd. resolution, and read a statement from Caltrans on complete streets.
Terry Koken, Costa Mesa, spoke on left turns onto 18 th Street, and requested a convex mirror at the corner of Kenwood Place and 18th Street.
Speaker, Costa Mesa, requested a recount of Measure K.
Speaker, spoke on high density development and Measure K, and spoke on the termination of the City Manager contract.
Priscilla Rocco spoke on endangered species at Fairview Park and spoke against Harbor Soaring Society flying at the park.
36 Minutes – Regular Meeting August 5, 2025 Page 4 of 17 Speaker, Costa Mesa, requested additional lighting at Mendoza Dr. and El Camino Dr. for safety, and requested permit parking.
Juana Trejo, spoke on trash and crime issues and requested additional police presence.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds requested information on the Tennis Center issues, spoke on the kickoff of the rezoning project and requested additional community engagement, spoke on the status of the draft Fairview Park Master Plan, requested an annual report on roadway safety, spoke on August 7th is the e-bike rodeo at Estancia High School, spoke on a Code of Conduct Policy, and spoke on providing assistance to individuals and families facing fear and anxiety.
Council Member Pettis spoke on infrastructure improvements, requested to be notified on work in District 6, spoke positively on the Brentwood Park Improvements, and spoke on the kickoff of the rezoning project and his vision for community engagement.
Council Member Gameros thanked staff for the safety efforts during the Orange County Fair, requested staff to research crosswalk improvements at 18 th Street and Rochester Blvd., and requested information on the Tennis Center.
Council Member Marr spoke on her request to defer New Business item no. 3, spoke on the recent stabbing on Mission Ave. and that the assailant has been arrested, requested staff to research solutions for the issues on Puente Ave., spoke on the Majestic Cycling event, thanked staff for working the concerts in the park, thanked Enough For All for their work, spoke on a Police Department ride along, and spoke in support of an Ethics Policy.
Mayor Pro Tem Chavez requested staff to research solutions for the issues on Puente Ave., spoke on troublesome issues on Valencia Street and requested staff to communicate with the tenants and landlord to address the issues, requested information on the Tennis Center fees, congratulated the Explorers for their efforts for providing parking at the Orange County Fair, commended the East Side community for advocating for Brentwood Park, spoke on the Newport Mesa Unified School District Community Fair event at Ikea, spoke on the Shalimar Park Back to School event, and spoke on investing in the youth and the community.
Mayor Stephens requested staff to address the road repair needed at Harbor Blvd. and the 405, spoke on 18 th Street and Kenwood Place safety concerns, requested staff to research solutions for the issues on Puente Ave., spoke on Consent Calendar item no. 8 regarding Newport Blvd. and recommended attending the Caltrans meeting to express recommendations, thanked the community for their advocacy for Brentwood Park, thanked the Parks and Community Services Department for the concerts in the park, spoke on the motorhome madness event at the Orange County Fair, thanked the Costa Mesa Arts Club for painting the car and thanked Southland Towing.
REPORT – CITY MANAGER – Ms. Gallardo-Daly recognized the Economic and Development Services Department for the public visioning process for zoning, spoke on future events, and spoke on staff addressing the Tennis Center fees with the operator. 37 Minutes – Regular Meeting August 5, 2025 Page 5 of 17 REPORT – CITY ATTORNEY – NONE.
CONSENT CALENDAR
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Reynolds MOTION: Approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: Council Member Pettis.
Absent: Council Member Buley.
Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received from Ware Disposal and Everrett Dorey.
Motion carried: 5-1
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Carolyn Hanson, Tommy Hart, Marcos Cabrera.
3. ADOPTION OF WARRANT RESOLUTION
ACTION:
City Council approved Warrant Resolution No. 2738.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of July 15, 2025.
5. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT- LONG TERM
SOLUTIONS TO SHORT-TERM RENTALS
ACTION:
City Council approved the draft letter to the Presiding Judge of the Superior Court with responses to Findings 1, 2, 3, and 12, and Recommendations 1, 2, and 9 in the Orange County Grand Jury Report titled, “Long Term Solutions to Short-Term Rentals.” 38 Minutes – Regular Meeting August 5, 2025 Page 6 of 17
6. ACCEPTANCE AND ALLOCATION OF CANNABIS TAX FUND GRANT PROGRAM
TO ENHANCE TRAFFIC SAFETY
ACTION:
1. City Council approved the Resolution No. 2025-32, which ratifies and accepts a grant award from the State of California - California Highway Patrol (CHP) for the Cannabis Tax Fund Program (CTFGP) and authorize the Interim City Manager or designee to execute the grant documents, including the Grant Agreement, and accept and administer the grant.
2. Approved revenue and expense appropriations in the amount of $225,472 respectively, for the FY 2025-26 CHP CTFGP Grant.
7. ACCEPTANCE OF THE ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT, CITY PROJECT NO. 23-11, FEDERAL PROJECT NO. CML-5312(104) ACTION:
1. City Council accepted the work performed by Gentry General Engineering, Inc., 320 West Tropica Rancho Road, Colton, California 92324, for the Adams Avenue and Pinecreek Drive Intersection Project, City Project No. 23-11, Federal Project No.
CML-5312(104), and authorize the City Clerk to file the Notice of Completion.
2. Authorized the Interim City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
8. RESOLUTION FOR IMPLEMENTATION OF SAFETY IMPROVEMENTS ALONG NEWPORT BOULEVARD (SR-55) SAFETY IMPROVEMENTS IN THE CITY OF
COSTA MESA
ACTION:
City Council approved Resolution No. 2025-28 requesting the State of California Department of Transportation (Caltrans) to implement safety improvements along Newport Boulevard (State Route (SR) -55) in the City of Costa Mesa.
9. AUTHORIZE THE USE OF OMNIA PARTNERS PUBLIC SECTOR NATIONAL
COOPERATIVE AGREEMENT WITH GAME TIME PLAYGROUND SOLUTIONS FOR
THE PURCHASE OF PLAYGROUND EQUIPMENT FOR BRENTWOOD PARK ACTION:
1. City Council authorized the use of OMNIA Partners, Public Sector National Cooperative Agreement No. 2017001134 with Game Time Playground Solutions for the purchase of playground equipment for Brentwood Park in the amount of $314,399.
2. Authorized the Interim City Manager and City Clerk to execute any agreements for the purchase of the playground equipment.
39 Minutes – Regular Meeting August 5, 2025 Page 7 of 17 ----------------------------------------END OF CONSENT CALENDAR----------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2024060115), GENERAL
PLAN AMENDMENT, REZONE, SPECIFIC PLAN AMENDMENT, MASTER PLAN,
VESTING TENTATIVE PARCEL MAP, DENSITY BONUS, AND DEVELOPMENT AGREEMENT FOR HIVE LIVE, A THREE-PHASED, 1,050-UNIT, RESIDENTIAL DEVELOPMENT WITH 3,692-SQUARE-FOOT RETAIL COMPONENT AT 3333
SUSAN STREET
Public Comments: None.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Continue the public hearing to the September 2, 2025 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays:None.
Absent: Council Member Buley.
Abstain: None.
Motion carried: 6-0
ACTION:
City Council continued the open public hearing to the September 2, 2025, City Council meeting.
2. MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT (PGPA-24-0002), REZONE, DESIGN REVIEW, TENTATIVE TRACT MAP NO. 19334, AND DENSITY BONUS AGREEMENT, FOR A 142-UNIT, OWNERSHIP
RESIDENTIAL DEVELOPMENT AT 3150 BEAR STREET (MERITAGE HOMES) Ex-Parte Communications:
Mayor Stephens spoke with three neighbors, and Joe Wallace representing the applicant.
Council Member Gameros spoke with the property owner, developer, Joe Wallace, and several constituents.
Council Member Pettis spoke with Joe Wallace.
Staff presentation by Mr. Yeager, Senior Planner.
Applicant presentation by Ms. Scheidel representing Meritage Homes. 40 Minutes – Regular Meeting August 5, 2025 Page 8 of 17 Public Comments:
Dudley Johnson, Costa Mesa, spoke on protecting existing neighborhoods as well as approving a way to add more housing, expressed concern regarding parking enforcement and parking impacts on existing neighborhoods, and spoke on the logistics of a tandem garage.
Jay Humphrey, Costa Mesa, spoke in opposition of the pedestrian gate into the adjacent neighborhood, inquired on a crosswalk warning system, and spoke in favor of a town hall meeting format.
John Frasier, Costa Mesa, spoke on traffic congestion and traffic lights, suggested to have a right turn only out of the driveway, and is opposed to rezoning for the project.
Cynthia McDonald, Costa Mesa, stated the rezoning is not consistent with the General Plan, spoke on spot zoning, spoke on traffic congestion, stated opposition to taking City land without compensation, and requested the intersection design be approved by the Active Transportation Committee.
Warren Franklin spoke in agreement with the previous speakers comments, expressed concern on impacts from the project in Santa Ana, spoke on parking concerns and density, and expressed concern on conversion to rental units.
Speaker, requested less density due to impacts on the neighboring neighborhood, spoke on the soil and foundations, expressed concern on the new traffic light creating more congestion, and requested to remove the pedestrian gate.
Valerie Stokes, Costa Mesa, spoke in opposition to the pedestrian gate, expressed parking and safety concerns, and spoke on long term home values.
Elizabeth Hansburg, People for Housing Orange County, spoke in support of the project.
Tom Devlin, Costa Mesa, spoke in opposition to the pedestrian gate, spoke on overflow parking for the project at Shiffer Park, and spoke on the trip count per day.
Jenn Tanaka, Costa Mesa, spoke on spot zoning and that the project is inconsistent with the General Plan, spoke on parking concerns, and suggested solutions regarding the pedestrian gate.
Lynn Wiggett, Costa Mesa, expressed parking concerns, spoke on other projects with tandem garages and that residents park on Paularino Ave., and spoke in opposition of the pedestrian gate.
Marc Vukcevich, Costa Mesa, shared a story on racism, spoke in support of the project, and in support of enforcing residential parking standards. 41 Minutes – Regular Meeting August 5, 2025 Page 9 of 17 Mary Ann Chappell, Costa Mesa, spoke on the height of the garages and buildings, expressed concerns on the traffic on Bear Street, and is opposed to tandem parking.
Speaker, expressed concerns on the traffic on Bear Street and Paularino Street, spoke on pedestrian and bicycle safety, spoke on enforcement of e-bikes, and suggested the property be converted into a park.
Natalie Foley, Costa Mesa, spoke in support of the project, spoke on parking and traffic concerns, spoke on pedestrian and bike safety, and housing affordability.
Janet Krochman, Costa Mesa, expressed concerns regarding parking, spoke in opposition of the project, spoke on adverse impacts to surrounding neighborhoods, and requested to leave the pedestrian gate closed.
Brendan Ford, Costa Mesa, spoke in support of the project and spoke on housing affordability.
Danielle Owens, Costa Mesa, spoke on affordable housing, spoke on a neighborhood meeting regarding improvements at Shiffer Park, expressed concern about parking in the neighborhood across the street, and requested additional meetings regarding parking concerns.
Speaker, spoke in opposition of the project, and expressed concerns regarding parking.
Regina Smith, Costa Mesa, expressed concerns regarding parking, expressed concern on crosswalk and pedestrian safety, and expressed concerns on traffic congestion.
Speaker, spoke on privacy concerns, and in opposition to the project.
Speaker, Costa Mesa, expressed concerns regarding parking, tandem parking, and guest parking.
Speaker, Costa Mesa, expressed concern on the height of the homes, privacy concerns, construction concerns, and is opposed to the pedestrian gate.
Speaker, spoke in opposition to the pedestrian gate, and expressed concerns on parking, noise, and crime.
Speaker, expressed concerns on the demolition of Trinity Broadcast Network, noise, dirt, heavy equipment problems, and parking issues.
Speaker, Costa Mesa, spoke on speeding in the neighborhood, spoke against opening the pedestrian gate, and expressed concerns regarding parking.
Speaker, spoke in support of the project.
Speaker, spoke in opposition to the project, expressed privacy concerns, and concerns on Measure K.
42 Minutes – Regular Meeting August 5, 2025 Page 10 of 17 Speaker, spoke in opposition of the project.
Speaker, spoke in opposition of the project and expressed concerns regarding parking.
Erin Gonzalez, Costa Mesa, spoke in support of the project.
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Pettis MOTION: Approve staff recommendation with the following change:
Remove the pedestrian gate to Olympic Drive.
Council Member Reynolds requested to keep the pedestrian gate to Olympic Drive but provide a written plan or condition to include limited or timed access.
Mayor Pro Tem Chavez did not agree to the change.
SUBSTITUTE MOTION/SECOND: Council Member Reynolds
SUBSTITUTE MOTION: Approve staff recommendation with the following change:
Keep the pedestrian gate to Olympic Drive but provide a written plan or condition to included limited or times access.
Work with Public Works Transportation staff to integrate proactive engineering design features to provide enhanced pedestrian access and mobility at the entrance to the development at Bear St. and Bear St. crossing with considerations for leading pedestrian intervals, directional curb cuts, tighter turn radius to slow vehicle entering and leaving the development, and a pedestrian island.
The motion failed for lack of a second.
Mayor Pro Tem Chavez (1 st) agreed to add the second part of the substitute motion to his original motion.
Council Member Pettis (2nd) agreed to the addition.
Council Member Reynolds requested to add that the Public Works Department assess current traffic calming concerns and opportunities to the triangle neighborhood.
Mayor Pro Tem Chavez (1st) and Council Member Pettis (2nd) agreed to the addition.
ORIGINAL MOTION/SECOND: Mayor Pro Tem Chavez/Council Member Pettis MOTION: Approve staff recommendation with the following changes:
Remove the pedestrian gate access to Olympic Drive.
Work with Public Works Transportation staff to integrate proactive engineering design features to provide enhanced pedestrian access and mobility at the entrance to the development at Bear St. and the Bear St. crossing with considerations for leading pedestrian intervals, directional curb cuts, tighter turn radius to slow vehicles entering and leaving the development, and a pedestrian island.
Direct the Public Works Department to assess current traffic calming concerns and opportunities to the triangle neighborhood.
43 Minutes – Regular Meeting August 5, 2025 Page 11 of 17 The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Buley.
Abstain: None.
Motion carried: 6-0
ACTION:
1. City Council adopted Resolution No. 2025-35 to approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
2. Adopted Resolution No. 2025-36 to approve the General Plan Amendment, Design Review, Tentative Tract Map, Density Bonus, and
3. Gave first reading to the Ordinance No. 2025-05 for the Rezone.
City Council recessed into a break at 10:00 p.m.
City Council reconvened at 10:15 p.m.
OLD BUSINESS:
1. SECOND READING AND ADOPTION OF AN ORDINANCE APPROVING A REZONE
TO APPLY THE RESIDENTIAL INCENTIVE OVERLAY DISTRICT ZONING DESIGNATION TO THE PROPERTIES LOCATED AT 220, 222, 234, AND 236 VICTORIA STREET (“VICTORIA PLACE”)
Presentation by Mr. Mendez, Senior Planner.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Marr
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Buley and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
City Council gave second reading to and adopted Ordinance No. 2025-04 to approve rezone to apply the Residential Incentive Overlay District zoning designation to the project site for the properties located at 220, 222, 234, and 236 Victoria Street. 44 Minutes – Regular Meeting August 5, 2025 Page 12 of 17 NEW BUSINESS:
1. RESOLUTIONS AFFIRMING THE CITY’S CORE VALUES AND SUPPORT FOR SENATE BILL 805, NO VIGILANTES ACT
Staff Presentation by Ms. Reyes, Interim Assistant City Manager, Mr. Barkman, Government Affairs Manager, and Mr. Escobar, Management Analyst.
Public Comments:
Speaker, spoke in support of the item.
Speaker, spoke in support of the item.
Speaker, spoke in support of the item.
Roberto Herrera, Resilience Orange County, spoke on the need for policy changes, tracking evictions and having a rental registry ordinance, spoke on rent control, spoke on an eviction moratorium, and funding a legal defense fund.
Speaker, requested funding for housing and legal aid assistance.
Speaker, Orange County Rapid Response Network, spoke on creating a legal defense fund, and requested to join the federal lawsuit.
Christian Lopez, Resilience Orange County, spoke on additional tenant protections, spoke in support of the item, requested a legal defense fund and a rental registry.
Shawn Drexler, Costa Mesa, spoke in support of the resolutions as written, spoke on a rental registry ordinance, and tracking all evictions, spoke on a legal defense fund, and spoke in support of the recommended actions.
Speaker, Santa Ana, spoke in support of the resolutions as written, supports legal assistance and emergency aid, and spoke on an eviction moratorium.
Speaker, spoke on individuals living in fear.
Speaker, spoke on individuals living in fear, and funding for housing and legal aid assistance.
Speaker, spoke in support of the item.
Speaker, spoke in support of requiring ICE agents to identify themselves and funding for housing and legal aid assistance.
Speaker, spoke in support of the item.
45 Minutes – Regular Meeting August 5, 2025 Page 13 of 17 Speaker, spoke in support of the recommended action and funding for housing and legal aid assistance.
Speaker, spoke on the need to protect due process.
Speaker, spoke in support of SB 805, and spoke on an equal protection clause.
Victor Valladares, Resilience Orange County, spoke on an event in Huntington Beach and that federal agents were present, spoke on discrimination, and spoke in support of SB 805.
Patricia Benevenia spoke on families living in fear, discrimination, SB 805, and supports ICE agents to be unmasked and must provide identification.
Speaker, spoke on becoming an American and being here legally.
Juana Trejo thanked everyone who is helping others and spoke on people living in fear.
Carmen Ramerez requested a class on how to use zoom, spoke on the community being targeted based on skin color and that individuals are living in fear.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation approving both resolutions and letter of support, direct staff to appropriate $100,000, $50,000 donated to Enough for All organization and $50,000 donated to Someone Cares Soup Kitchen. If there are any restrictions with donating monies to Enough For All, then donate the entire amount to Someone Cares Soup Kitchen. Additionally, directed the City Attorney to agendize at the next meeting options for a legal defense fund in cooperation with either the Public Law Center, Legal Aid, or the Orange County Bar Association, and for the City Attorney to provide options, if any, to join the Perdomo v. Noem case.
Council Member Marr requested to amend the motion if staff are unable to donate to Enough For All, the item shall be brought back to Council for further direction.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change.
Council Member Marr requested staff to investigate the feasibility of implementing a tracking system for at fault evictions.
Mayor Stephens agreed to provide the direction to staff and that it does not need to be part of the motion.
Council Member Marr requested to narrow the organizations for legal aid to Orange County Legal Aid and Immigrant Defenders.
Mayor Stephens agreed to add the requested organizations to the list to investigate and that the City Attorney shall determine which agencies to contact. 46 Minutes – Regular Meeting August 5, 2025 Page 14 of 17 Council Member Marr requested to include direction to staff to gather detention information, as other cities have done via FOIA requests.
Mayor Stephens clarified this is direction to staff.
Council Member Marr requested to strike the paragraph in the city’s resolution (Attachment 1) regarding uneven enforcement. (Whereas, based on earlier indications by federal authorities, the expectation by local jurisdictions was that recent enforcement efforts would primarily target criminals and violent offenders and while some of this has occurred, there are also reports of uneven enforcement and detention and arrest of individuals without criminal records and/or those who are lawfully present in the United States)
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change.
Finance Director Molina requested Mayor Stephens to include in the motion to provide Interim City Manager and City Attorney the authority to enter into agreements for the donations.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation approving both resolutions and letter of support, direct staff to appropriate $100,000, $50,000 donated to Enough for All organization and $50,000 donated to Someone Cares Soup Kitchen. If there are any restrictions with donating of monies to Enough For All or Someone Cares Soup Kitchen, to find alternatives and bring back to City Council for direction, strike the paragraph in the City’s resolution regarding uneven enforcement, direct the City Attorney to agendize at the next meeting options for a legal defense fund in cooperation with the Public Law Center, the Orange County Bar Association, Orange County Legal Aid, or Immigrant Defenders, direct the City Attorney to provide options, if any, to join the Perdomo v. Noem case as a City, and provide Interim City Manager and City Attorney the authority to enter into agreements for the funding.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Buley and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
1. City Council adopted Resolution No. 2025-33 affirming the City’s Core Values.
2. Adopted Resolution No. 2025-34 supporting California Senate Bill 805 (Perez), “No Vigilantes Act.”
3. Approved of the Letter of Support for SB 805, the “No Vigilantes Act.” 47 Minutes – Regular Meeting August 5, 2025 Page 15 of 17
4. Directed staff to appropriate $100,000, $50,000 donated to Enough for All organization and $50,000 donated to Someone Cares Soup Kitchen, and if there are any restrictions to find alternatives and bring back to City Council for direction.
5. Removed the paragraph in the City’s resolution regarding uneven enforcement.
6. Directed the City Attorney to come back at the next meeting with options for a legal defense fund in cooperation with the Public Law Center, the Orange County Bar Association, Orange County Legal Aid, or Immigrant Defenders.
7. Directed the City Attorney to provide options, if any, to join the Perdomo matter as a City.
8. Provided Interim City Manager and City Attorney the authority to enter into agreements for the funding.
2. PROFESSIONAL SERVICE AGREEMENT FOR THE ACQUISITION OF A NEW
ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM
Presentation by Ms. Molina, Finance Director.
Public Comments:
Ralph Taboada, Costa Mesa, spoke in support of the item, spoke on the previous strategic plan roadmap and the need for a revised plan to be presented to the City Council and the Finance and Pension Advisory Committee.
MOVED/SECOND: Mayor Stephens/Council Member Reynolds
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Nays: None.
Absent: Council Member Buley and Council Member Pettis.
Abstain: None.
Motion carried: 5-0
ACTION:
1. City Council approved and authorized the Master Services Agreement and Statement of Work, to Denovo Ventures, LLC, for Oracle ERP implementation services for $2.9 million, for a five-year term, effective August 5, 2025 - August 4, 2030; a Managed Services Service Order for a Managed Services Post Go-Live for $0.2 million per term, with an additional term; if needed.
2. Approved and authorized the Ordering Document with Denovo Ventures, LLC for Oracle Cloud ERP subscription licensing, $285,000 annually per year, for $1.4 million, for a five-year term, effective August 5, 2025 - August 4, 2030, with option two (2) one-year renewals.
48 Minutes – Regular Meeting August 5, 2025 Page 16 of 17
3. Approved and authorized the Cloud Services Agreement with Oracle America, Inc.
4. Authorized a ten percent (10%) contingency in the amount of $310,000 for unforeseen costs related to the project.
5. Authorized the Interim City Manager and the City Clerk to execute the PSA and within budget limits any future amendments to the agreement.
3. 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
ACTION:
City Council continued the item to a future meeting.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT – Mayor Stephens adjourned the meeting at 12:04 a.m. 49 Minutes – Regular Meeting August 5, 2025 Page 17 of 17 Minutes adopted on this 16th day of September, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
50 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-402 Meeting Date: 9/16/2025
TITLE:
DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2025 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council designate Council Member Mike Buley as Costa Mesa’svoting delegate and Deputy City Manager Alma Reyes as the alternate for the 2025 League of California Cities Annual Conference.
BACKGROUND:
The League of California Cities 2025 Annual Conference & Expo is scheduled on October 8-10, 2025, in Long Beach. An important part of the Annual Conference is the Annual Business Meeting that will be held on Friday, October 10, 2025. In order to vote at this meeting, the City Council must designate a voting delegate and up to two alternate voting delegates.
ANALYSIS:
The designation of a voting delegate will allow the City to participate in the Annual Business Meeting.
It is at this meeting that the League membership considers and takes action on resolutions that establish League policy throughout the coming year. Information on what resolutions will be reviewed is not available at this time.
Consistent with League Bylaws, a city’svoting delegate and up to two alternates must be designated by the City Council. A voting delegate can either be an elected or appointed official. Following City Council action, the City Clerk must submit the City’sdelegates through the online submission portal.
The voting delegate and alternates must be registered to attend the conference. The voting delegates must be present at the Business Meeting and in possession of the voting card in order to cast a vote. Transferring a voting card to a non-designated individual is not allowed. Currently, Council Member Mike Buley and Deputy City Manager Alma Reyes are registered to attend the conference.
ALTERNATIVES:
City Council may choose to not appoint a delegate and alternates; therefore, the City will not have a
51 File #: 25-402 Meeting Date: 9/16/2025
vote at the Annual Business Meeting.
FISCAL REVIEW:
There is no fiscal impact associated with the request to designate the voting delegate and alternates.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends the City Council designate Council Member Mike Buley as Costa Mesa’svoting delegate and Deputy City Manager Alma Reyes as the alternate for the 2025 League of California Cities Annual Conference.
52 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-439 Meeting Date: 9/16/2025
TITLE:
ADOPT LEGISLATIVE PLATFORM AND UPDATES TO COUNCIL POLICY 000-8 DEPARTMENT: CITY MANAGER’S OFFICE/GOVERNMENT AFFAIRS
PRESENTED BY: JAY BARKMAN, GOVERNMENT AFFAIRS MANAGER
CONTACT INFORMATION: JAY BARKMAN, GOVERNMENT AFFAIRS MANAGER, (714)- 754-5347
RECOMMENDATION:
Staff recommends the City Council adopt Legislative Platform and revisions to Council Policy 000-8 on Legislative Positions.
BACKGROUND:
On May 20, 2025, the draft Legislative Platform (Attachment 1) was presented to the City Council. At the request of Councilmember Reynolds, the item was deferred to provide additional input. Also, Councilmember Marr, requested staff update Council Policy 000-8 (Attachment 2) to reflect the current process being proposed. Staff solicited further input from the Legislative Review Team at their meeting on July 23, 2025, and presented revisions to the Legislative Platform and Council Policy 000-8.
City Council Policy 000-8 authorizes the Mayor to execute legislative position letters on behalf of the City Council when the City’slegislative partners have acted. Those partners are identified in the policy as the National League of Cities, League of California Cities, Association of California Cities - Orange County, or the Orange County Council of Governments.
ANALYSIS:
Legislative Platform & Process
Over the course of 2024 and 2025, staff worked to identify issues and legislation at the federal and state levels that impact the City. This included bills that the League of California Cities, Association of California Cities - Orange County, and other groups have noted of potential concern. In addition, discussions with Department Directors on past or current legislative proposals and issue areas of concern were collected into the attached proposed Legislative Platform for the City Council to consider (Attachment 1).
The purpose of this platform is to aid staff and City advocates in identifying legislation or budget proposals aligned with the City Council adopted goals. The platform provides a streamlined process for the City Council, City Manager, staff, and our legislative advocates to proactively engage on bills and budget proposals. Adoption of the platform will allow staff and advocates to engage throughout
53 File #: 25-439 Meeting Date: 9/16/2025
and budget proposals. Adoption of the platform will allow staff and advocates to engage throughout the remainder of this year.
The proposed Legislative Platform provides the framework outlining the City’spolicy priorities, goals, and strategies for influencing legislative outcomes. The Legislative Platform prioritizes key areas in alignment with the City Council’s Goals to:
· Strengthen the public’s safety and improve the quality of life. · Maintain and enhance the City’s facilities, equipment, and technology. · Diversify, stabilize, and increase housing to reflect community needs. · Achieve long-term fiscal sustainability; and
· Advance environmental sustainability and climate resiliency.
The proposed Legislative Platform is structured around these 5 key priorities reflecting the City Council’s commitment to fostering a safe, sustainable, and inclusive community. Below is an overview of how these priorities would be addressed by issue area:
Public Safety & Quality of Life: Support for measures that address community risks, reduce substance abuse, and crime prevention. Additionally, support measures improving transit, housing stability, and programs that serve our youth and seniors. Oppose unfunded mandates and reductions that impact local services.
Fiscal Sustainability: Support for continued funding of essential services to residents and protecting local revenues. Oppose restrictions on fees to recoup costs for services.
Housing: Support measures that promote coordination and resources to address and prevent homelessness. Oppose eliminating CDBG or other funds that provide housing assistance or support the City’s Bridge Shelter.
Facilities and Infrastructure: Support funding for parks, infrastructure, and community facilities.
Oppose legislation or diversion of local funds for these amenities.
Environmental and Climate Resiliency: Support investments to transition to clean energy and oppose eliminating programs that assist local agencies in planning or implementing projects to achieve sustainability.
City staff will return to the Legislative Review Team before the end of 2025 to review bills still pending and consider City priorities for the second year of the legislative two-year cycle. A final review will be presented to the City Council at the beginning of 2026. The goal is to review the platform every two years, coinciding with the beginning of the two-year legislative cycle. Staff will provide the Legislative Review Team and City Council with regular updates throughout the year on the progress of legislation and budget actions.
Once the platform is approved by the City Council, any legislation consistent with the principles will be identified by staff. Initial steps may include requesting information from a bill author, clarification of their intent, and discussions with legislative partners. Through these conversations, the City may share with legislative staff how proposed legislation impacts City operations and recommend
54 File #: 25-439 Meeting Date: 9/16/2025
amendments. This process may include the City Attorney and the Legislative Review Team.
Finally, legislation in alignment with the key principles of the platform, or identified by the City’s legislative partners, may be presented to the Mayor for a formal position letter. The goal of this process is for bills to be proactively identified. Bills not aligned with the platform or lacking any recommended position by the City’slegislative partners may still be considered by the City Council.
Councilmembers, community members, or other groups can request bill positions, which will be presented to the Legislative Review Team for review and consideration before consideration by the City Council. When a position is adopted, a letter will then be sent to the bill’sauthor with copies to the City Council and other stakeholders as deemed appropriate by staff.
Council Policy 000-8
The updates in Attachment 2 remove references to a Chief of Staff position that no longer exists in the City Manager’s Office and replaces it with the Government Affairs Manager. Lastly, the Legislative Platform is included in the process allowing the Mayor to execute position letters on issues consistent with the platform.
ALTERNATIVES:
The City Council may direct staff to make additional revisions to the Legislative Platform.
FISCAL REVIEW:
There is no direct fiscal impact to the City’sOperating budget with this action, however, several principles in the legislative platform seek to identify or protect funding received by the City, which can have an impact should new funding be received or eliminated.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
The Legislative Platform seeks to achieve City Council goals as listed below:
· Strengthen the Public’s Safety and Improve the Quality of Life · Achieve Long-Term Fiscal Sustainability
· Diversify, Stabilize and Increase Housing to Reflect Community Needs · Maintain and Enhance the City’s Facilities, Technology and Equipment · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
Staff recommends the City Council approve the proposed Legislative Platform and updates to City Council Policy 000-8.
55 1
Attachment 1
City of Costa Mesa
Legislative Platform
Strengthen the Public’s Safety and Improve the Quality of Life The City of Costa Mesa will support in principle:
1. Federal and State budgets that promote stability and preserve local control of sales and cannabis taxes
2. Funding and legislation that expands access to Naloxone and, decreases Fentanyl trafficking,
3. Legislation that improves safety of bike/scooter riders, and
2.4. Legislation that deters catalytic converter, metal, and retail theft
3.5. Investments in technology improving regional cooperation and real time crime prevention
4.6. Local oversight and administration of the Emergency Medical Services system, including the design of service areas, contracting for service, and the City’s retention of “Section 201” rights to provide ambulance services with the ability to recoup costs
5.7. Legislation and funding for 911 infrastructure, community paramedicine programs, and incentives to address property and life safety standards (sprinklers, disaster planning, wildfires)
6.8. Tax incentives and financing tools for community revitalization, housing, and economic development that protects long-term residents and businesses
7.9. Funding for bikeways, infrastructure, and education to improve safety for riders and drivers
8.10. Funding for transit, alternative fuel fleets, bike or pedestrian routes, and congestion relief on 55 and 405 freeways aligned with the “Complete Streets” goal to enable safe access for all people, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.
56 2
Attachment 1
Support (continued)
11. Funding of at-riskpromise youth programs, local arts activities, historic preservation, recreational facilities, preservation and restoration of ecological, biological, and cultural resources; or related programs with our partners (Schools, Non-profits, Community Groups) NMUSD, SOY, YMCA)
9.12. Funding and measures that improve air quality
The City of Costa Mesa will oppose in principle:
1. Mandates on local agencies to enforce federal or state law enforcement duties under threat of loss of federal or state funding
2. Limits on local authority to regulate needle and syringe accessibility and exchange programs
3. Elimination or cuts to critical disaster response programs
4. State or county efforts to consolidate ambulance services away from cities, or reductions in Federal or State resources that support emergency and disaster response, preparedness, and training (FEMA, CalOES, US Fire Administration)
5. Efforts to divert local revenues or mandating local agencies take on services without funding or ability to recoup costs via fees
6. Restricting local regulation of group home facilities and residential care facilities in residential neighborhoods, including the application of zoning, building, and safety standards
7. Limits to local authority to review and approve cannabis retail locations, manufacturing sites, or restrictions on the City’s general permitting authority of housing and commercial property
8. Reduction in funding for recreational activities, infrastructure, or transportation to facilities and programs
9. Unconditional release of violent or serious repeat offenders Achieve Long-Term Fiscal Sustainability
The City of Costa Mesa will support in principle:
1. Federal and State budgets that maintain or strengthen services for residents and businesses allowing the City, businesses, and residents to plan and invest for growth
57 3
Attachment 1
Support (continued)
2. Funding or other measures leading to crime reduction and establishment of real time crime centers
3. Funding, equipment, or training to aid in regional response to wildfire and other disasters
4. Measures that ensure local control of land use decisions, zoning, and development fees
5. Transparency in CalPERS on investment strategy and adoption of contributions rates
6. Local oversight and control of sales and cannabis taxes
7. Funding or measures supporting transit, alternative fuel fleets, and bike or pedestrian routes
8. Investments that relieve congestion on 55 and 405 freeways, improve public safety infrastructure, emergency preparedness, and first responder resources
9. Federal and State grants for recreational services, facilities, and youth programs The City of Costa Mesa will oppose in principle:
1. Shifting services or responsibility to fund federal and state programs to local agencies without appropriate funding
2. Mandates increasing record retention or non-essential training without commensurate funding to support these activities
3. Limits on establishing or collecting municipal level fines or the use of asset forfeiture to support police services
4. Restrictions on local EMS administration and cost recovery
5. Limits on local control of short-term rentals and applicable fees or taxes
6. Restrictions on development fees or local funding tools for affordable housing
7. Restrictions on local permitting authority or diversion of grant and tax revenue allocations received by cities
8. Restrictions on local fees or revenues that support recreational activities and maintenance of related infrastructure
9. Eliminating programs or funding for transportation that support youth and community members access to facilities and programs
58 4
Attachment 1
Diversify, Stabilize and Increase Housing to Reflect Community Needs The City of Costa Mesa will support in principle:
1. Funding for behavioral health, wraparound services, and alternative avenues of health care that reduces the impact on the 911 system and first responders,
2. Funding and policies to incentivize cities in support of cities to plan and construct affordable housing and address individuals that are experiencing, or at risk of homelessness
3. Funding for community policing, homeless liaison efforts, and coordination with homeless service providers
4. Fire and life safety codes that enable affordable housing production
5. Funding for Community Development Block Grants (CDBG), HOME Investment Partnerships (HOME), Homeless Housing Assistance and Prevention (HHAP), and Homekey to promote regional coordination addressing homelessness and housing stability
6. Measures and funding that improve connections between housing and transit to reduce vehicle miles traveled
7. Measures or funding to streamline GIS systems or electronic submittals (plans, licensing, bids)
8. Funding and incentives to incorporate “Complete Streets” and active transportation design elements into housing and commercial developments
7. The City of Costa Mesa will oppose in principle:
1. Eliminating programs or funding that support the City’s outreach and response to homelessness or restrictions on other wraparound services that constrain the City (street medicine, Homekey, HOME, CDBG)
2. Constraints on local fees and financing tools that assist in the development of affordable housing
3. Restrictions on local fees or tools to provide recreational space in connection with newly approved housing
59 5
Attachment 1
Maintain and Enhance the City’s Facilities, Technology and Equipment
The City of Costa Mesa will support in principle:
1. Measures and funding to upgrade community facilities, streets, parks, trees, urban forestry, communication infrastructure, and ensure cybersecurity
2. Federal and State improvements to regional infrastructure (highways, electrical transmission, sustainability, waste removal)
The City of Costa Mesa will oppose in principle:
1. Diversion or reduction of taxes and revenues designated for local and regional capital improvements or infrastructure projects (sales taxes, impact or licensing fees)
Advance Environmental Sustainability and Climate Resiliency The City of Costa Mesa will support in principle
1. Measures and funding that assist local agencies in the development and implementation of Climate Action and Adaptation Plans and meeting organic waste objectives
2. Incentives for residents and businesses to transition and invest in energy and water efficiency, sustainable energy, and transportation equipment
3. Regional planning and investments in electric vehicle charging infrastructure and zero-emissions equipment
4. Measures and funding to improve air quality and develop urban forestry projects
3.5. Streamlining clean energy infrastructure permitting for EVs and other energy efficiency projects
The City of Costa Mesa will oppose in principle:
1. Eliminating Federal and State programs for the transition to clean energy infrastructure and facilities
1.2. Eliminating tax credits or other funding incentives to residents and businesses to pursue energy efficiency or sustainable development
60 City of Costa Mesa, California
Council Policy
Subject
Legislative Positions
Policy
Number
000-8
Effective Date
5/16/91
Rev. 9/20/99
Rev. 2/4/20
Page
1 of 2
Background
Frequent involvement in local affairs by Federal, State, and County governments, the large number of special agencies and districts, and the City’s interest of weighing in on matters that affect it, collectively make it imperative that a formalized proactive approach be taken toward legislation which may impact the welfare of the Costa Mesa community.
Past City Councils have participated in the legislative process to varying degrees. For the most part, such participation has been informal.
Purpose
The purpose of this Policy is to establish a comprehensive and formal program for addressing legislative issues. This includes the establishment of signatory authority and the creation of legislative review guidelines.
Policy
1. The City Manager, or designee, shall be responsible for overseeing the legislative review process.
2. A Legislative Review Team, consisting of the Mayor, Mayor Pro Tem, the City Manager, and the Chief of Staff Government Affairs Manager , shall periodically review legislation and formulate the City’s position. A legislative platform shall be reviewed and presented to the City Council for adoption biennially.
3. The Mayor is authorized to execute position letters on behalf of the City Council when the position is in concurrence with the legislative platform and/or that of the City’s legislative partners: The National League of Cities, the League of California Cities, the Association of California Cities – Orange County, or the Orange County Council of Governments. At the direction of the Legislative Review Team, position letters may also be executed by the City Manager, or designee, as appropriate.
4. Formal Council approval is required in the following instances:
a. When none of the City’s legislative partners has taken a support or oppose position.
b. When the City’s legislative partners have taken contradictory positions. b.c. When an issue is not addressed in the legislative platform Attachment 2
61 City of Costa Mesa, California
Council Policy
Subject
Legislative Positions
Policy
Number
000-8
Effective Date
5/16/91
Rev. 9/20/99
Rev. 2/4/20
Page
2 of 2
5. Individual City Council members may recommend to the Legislative Review Team, for review and recommendation, positions they wish the City to take on legislation.
6. City Commissions and Committees are prohibited from sending legislative position letters but may make recommendations to the Legislative Review Team or the City Council.
7. All City Council members shall receive a copy of all legislative position letters written on city letterhead . A quarterly activity report of the City’s legislative positions, and the status of such legislation, will be provided to the City Council.
8. The preceding in no way infringes upon the right of the City Council members to express individual positions on legislative issues. In expressing an individual position, City Council members will clearly state that the position is personal and not sent on behalf of the City or City Council.
62 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-428 Meeting Date: 9/16/2025
TITLE:
COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF COSTA
MESA FOR BRIDGE MAINTENANCE REPAIRS ON THE ADAMS AVENUE BRIDGE OVER THE
SANTA ANA RIVER AND GREENVILLE BANNING CHANNEL
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5335 RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed Cooperative Agreement between the County of Orange and the City of Costa Mesa for funding and maintenance of the Adams Avenue Bridge over the Santa Ana River and Greenville Banning Channel.
2. Authorize the Interim City Manager and the City Clerk to execute the Cooperative Agreement and future amendments thereto.
BACKGROUND:
The County of Orange, through Orange County Public Works (OCPW), has embarked on a maintenance program for its bridge structures throughout the county and has scheduled bridge maintenance repairs on the Adams Avenue Bridge over the Santa Ana River and Greenville Banning Channel (Attachment 1).
OCPW has been taking the lead for the maintenance activities for this bridge and has approved the repair of the bridge. The planned scope of work for the project includes replacing the bridge joint seals and repairing the damaged handrails on the bridge. The west portion of the bridge is within the County’sjurisdiction, whereas a portion of the bridge on the east side roadway approach, to 40-feet east of the bridge, is within the City of Costa Mesa’spublic right-of-way limits.
ANALYSIS:
OCPW has maintained the bridges within its jurisdiction and jointly cooperated with the City of Costa Mesa in its efforts to upgrade its facilities. The proposed work will utilize County funds; no City funds will be used for these bridge maintenance projects.
The Cooperative Agreement for bridge maintenance (Attachment 2) is necessary for the County to
63 File #: 25-428 Meeting Date: 9/16/2025
The Cooperative Agreement for bridge maintenance (Attachment 2) is necessary for the County to fund this project that partially lies within the City’sright-of-way. In order for the County to expend funds outside of its jurisdiction, the portion of the bridge structure that’swithin the City of Costa Mesa’spublic right of way limits would need to be declared as a County highway to be repaired with County funds. To accomplish this, and in accordance with Streets & Highways Code, Sections 1700- 1703, the County would adopt a resolution declaring the City’sroadway within the project area to be a County highway for the purposes of construction and maintenance only. Upon receipt of the County’sresolution, the City would then consent, also by resolution, to the proposed County highway status.
This Cooperative Agreement will become effective upon the approval of the City Council and the County Board of Supervisors.
ALTERNATIVES:
The alternative to the Council action would be to reject the County’s proposed Cooperative Agreement. Staff does not recommend this action as this will lead to the further degradation of the bridge and the City may be obligated to use its own funds for the maintenance and repair.
FISCAL REVIEW:
There is no fiscal impact to the City of Costa Mesa. City funds will not be used for this project. The County of Orange will be responsible for all maintenance and repair expenses.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report and the proposed Cooperative Agreement and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project works toward achieving the following City Council goals:
· Maintain and Enhance the City’s Facilities, Equipment and Technology · Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Approve the proposed Cooperative Agreement between the County of Orange and the City of Costa Mesa for funding and maintenance of the Adams Avenue Bridge over the Santa Ana River and Greenville Banning Channel.
2. Authorize the Interim City Manager and the City Clerk to execute the Cooperative Agreement and future amendments thereto.
64 ATTACHMENT 1
65 ATTACHMENT 2
COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY
OF COSTA MESA FOR FUNDING AND MAINTENANCE OF THE ADAMS AVENUE
BRIDGE OVER SANTA ANA RIVER AND GREENVILLE BANNING CHANNEL This Cooperative Agreement is made entered into this ___ day of ______ ,_ ("Agreement"), by and between the COUNTY OF ORANGE ("County"), a political subdivision of the State of California, and the CITY OF COSTA MESA ("City"), a municipal corporation in the State of California. The County and City shall sometimes be referred to as "Party" or collectively as "Parties".
RECITALS
A. County and City desire to perform maintenance on the Adams Avenue Bridge over the Santa Ana River and Greenville Banning Channel (Bridge Number 55C0344) ("Project").
B. The Project is within the municipal jurisdiction of the County and the City. The location and boundaries of the Project are more fully described and depicted in Attachment A, which is attached hereto and incorporated herein by this reference.
C. The Orange County Flood Control District obtained property ownership in 1958 for Parcel No. 302.2 and 400.6, 1959 for Parcel No. 305, 1960 for Parcel No. 406.1, and 1974 for Parcel No. 306, 409 as part of the Santa Ana River Channel.
D. These parcels were also included in Ordinance No. 62-7 which approved the annexation of unincorporated Orange County to the City of Costa Mesa in 1962.
E. The County historically has owned and maintained the Adams Avenue Bridge and agrees to continue to operate, own and maintain this bridge over the Santa Ana River including bridge widening in 1977. Currently, the County Road Index only jncludes 0.06 miles (approximately 317 linear feet) with a total bridge length of 540 linear feet.
D. The County desires to adopt the remaining length of the Adams Avenue Bridge as a County Highway, whlch currently lies withln a city for the purposes of construction, maintenance, improvement, and repair, in accordance with Streets and Highways Code 1700-1703.
D. The County is coordinating with the City to prepare the Engineering Plans, Specifications and Estimate ("PS&E") for the Project to perform maintenance activities including repairing damaged handrail and replacement of joint seals.
E. The Parties wish to specify their respective roles and responsibilities for funding obligations and execution of the Project.
AGREEMENT
66 67
68 69
70 71
72 73
74 75
76 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-429 Meeting Date: 9/16/2025
TITLE:
APPROVAL OF A SUMMARY VACATION OF EXCESS RIGHT-OF-WAY AT 174 EAST 19TH STREET
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5335 RECOMMENDATION:
Staff recommends the City Council:
Adopt Resolution No. 2025-xx ordering the summary vacation of a portion of right-of-way at 174 East 19th Street and authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
BACKGROUND:
At the request of the property owner, the Engineering Division has reviewed a request to vacate excess right-of-way at 174 East 19th Street. Attachment 1 depicts the proposed street vacation area.
Previous City and County Master Plans of Highways designated East 19th Street as a 4-lane highway; however, the Master Plan designation of the street was downgraded to a 2-lane collector street. As a result, the previously dedicated right-of-way required to construct a 4-lane highway is no longer required. Presently, East 19th Street has been constructed to fulfill the current Master Plan and Streets and Highways capacity requirements, thus leaving 10 feet of excess right-of-way along the property.
ANALYSIS:
In 1968, in accordance with the prior Master Plan, the 10-feet of right-of-way along East 19th Street was dedicated by easement document, Book 8726, Page 87, and recorded on September 19, 1968.
East 19th Street at this location was not improved to the full dedication width, and was subsequently downgraded to a collector street, creating excess right-of-way.
Currently, there are no utilities within this portion of the public right-of-way; therefore, a reservation for a utility easement is not required. The Engineering and Transportation Services Divisions, as well as the Active Transportation Committee have reviewed the excess right-of-way. It was determined that East 19th Street is classified as a Class III bicycle facility. Consequently, additional right-of-way is not required for any motorist and/or non-motorist usage. Attachment 2 shows a typical street cross- section for this situation with East 19th Street being a Class III bicycle facility.
The vacation of this portion of excess right-of-way is in conformance with the objectives of the
77 File #: 25-429 Meeting Date: 9/16/2025
The vacation of this portion of excess right-of-way is in conformance with the objectives of the General Plan Circulation Element and conforms to the California Streets and Highways, Chapter 4, Section 8334(a), which allows a local agency to summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes. The Active Transportation Committee reviewed the request for the subject easement vacation on September 5, 2024, and unanimously recommended the right-of-way vacation.
On November 12, 2024, a report was presented to the Planning Commission outlining the proposed vacation as required by Government Code Section 65402. Subsequently, the Planning Commission adopted Resolution No. PC-2024-28 (Attachment 3) finding that the proposed vacation of portion of East 19th Street excess right-of-way is consistent with the City’s General Plan.
The vacation of streets or highways may proceed without a public hearing by meeting specific provisions of the California Streets and Highways Code, Sections 8330 through 8334.5, inclusive.
The major conditions that must be met to avoid a public hearing are:
1. The road has not been used by the public for at least 5 years.
2. No utilities are constructed within the road.
3. Only one property ownership is affected.
Staff prepared the proposed resolution ordering the vacation of excess right-of-way (Attachment 4).
Staff also recommend that a Quitclaim Deed be executed, relinquishing the City of any interest in said excess right-of-way (Attachment 5).
ALTERNATIVES:
The City could retain the excess right-of-way and continue to be responsible for its maintenance and safety. However, this portion of right-of-way is not necessary for any public or utility purposes and is not needed now, or in the future for any motorist and/or non-motorist public usage.
FISCAL REVIEW:
If this resolution is adopted, and once the area has been vacated, the County Assessor could potentially determine the area added to the property as taxable square footage. The revenue collected from the additional taxable area would be recorded in the City’s General Fund (Fund 101).
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report and resolution and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
78 File #: 25-429 Meeting Date: 9/16/2025
CONCLUSION:
Staff recommends the City Council:
Adopt Resolution No. 2025-xx ordering the summary vacation of a portion of right-of-way at 174 East 19th Street and authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
79 ATTACHMENT 1
80 81
EXIST
R/W
8.0' PARKING LANE4-----ll--
10.0' 12.0' 12.0'
30.0' 30.0'
40.0'
60.0'
CLASS Ill (BLVD.)
CROSS SECTION
EXIST.
R/W
i--++-+8.0' PARKING LANE
10.0'
ATTACHMENT 2
82 ATTACHMENT 3
83 84
85 86
ATTACHMENT 4
RESOLUTION NO. 2025-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF EAST 19TH STREET AT 174 EAST 19TH STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the property owners of 174 East 19th Street have requested that the City of Costa Mesa (“City”) vacate a portion of the East 19th Street right-of-way located adjacent to the property at 174 East 19th Street; and
WHEREAS, the City desires to vacate a portion of the East 19th Street right-of- way located adjacent to the property at 174 East 19th Street , as more particularly described in Exhibit s A and B, attached hereto and incorporated herein by this reference, hereafter referred to as the “area to be vacated”; and WHEREAS, Section 8334(a) of California Streets and Highways Code allows a local agency to summarily vacate an excess right -of-way of a street or highway not required for street or highway purposes; and
WHEREAS, the City Engineer has reported to the City Council that the area to be vacated is excess right-of-way not required for street or highway purposes; and WHEREAS, there are no public utilities located in the area to be vacated; and WHEREAS, on September 5, 20 24, the Ac tive Transportation Committee reviewed the vacation request and unanimously approved it; and WHEREAS, on November 12, 20 24, the Planning Commission adopted Resolution No. PC -24-28, finding that the proposed vacation of a portion of the East 19th Street right-of-way adjacent to the property located at 174 East 19t h Street is consistent with the City’s General Plan , serves the public interest, and is a public benefit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:
Section 1. The City Council of the City of Costa Mesa does hereby declare its intention to vacate a portion of the East 19th Street right-of-way located adjacent to the property at 174 East 19th Street, as more particularly described in Exhibit s A and B.
The original 19 68 dedication is in excess of the final alignment of East 19th Street, 87 Resolution No. 2025-xx Page 2 of 3
which was amended in 2005. The purpose of this vacation is based on a review of the current and future needs of the City and to vacate the excess land to the underlying fee owner.
Section 2. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.
PASSED AND ADOPTED this 16th day of September 2025.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
88 Resolution No. 2025-xx Page 3 of 3
THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2025- xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting h eld on the 16th day of September, 2025, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 16th day of September, 2025.
___________________________
Brenda Green, City Clerk
89 ATTACHMENT 5
Recording Requested by CITY OF COSTA MESA
When Recorded Mail to:
CITY OF COSTA MESA
Attention - City Clerk
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628-1200
Mail Tax Statements to:
Owner (s) of Record
APN: 426-031-06 Deed No.: 4052
TCA: 15-007
Location: 174 E. 19TH STREET Exempt Recording Requested per Government Code 27383
QUITCLAIM DEED
(AS TO ANY AND ALL EASEMENT RIGHTS)
THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
GOVERNMENTAL AGENCY EXEMPT CITY OF COSTA MESA
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Costa Mesa, a Municipal Corporation
do/does hereby remise, release and forever quitclaim to CABRERA HECTOR VEGA , the following described real property, in the City of Costa Mesa, County of Orange, State of California:
SEE RESOLUTION NO. 25-xx , RECORDED
AS INSTRUMENT NO. OF OFFICIAL
RECORDS , IN THE OFFICE OF THE COUNTY RECORDER,
ORANGE COUNTY, CALIFORNIA, ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF
THE SUBJECT PROPERTIES.
ATTEST:
Brenda Green, City Clerk of the John Stephens , Mayor of the City City of Costa Mesa of Costa Mesa
Dated: Dated:
90 91
40'
30'
N49°20’38”W 50.00’
N49°20’38”W
332.7'
1"= 30'
N49°20’38”W 50.00’
N40°40’35”E 120.13’
N40°40’35”E 120.13’
7.5'
A.P.N. 426-031-06A.P.N. 426-031-05 LOT 172NEWPORT HEIGHTS PM 2008-122
92 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-435 Meeting Date: 9/16/2025
TITLE:
AWARD OF THE NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT PROJECT, CITY PROJECT NO. 25-05
DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES
DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PATRICK BAUER, DEPUTY PUBLIC WORKS DIRECTOR (714) 754-5029
RECOMMENDATION:
Staff recommends the City Council:
1. Award a Public Works Agreement (PWA) in the amount of $745,276 to C.I. Services, Inc. 1145 E.
Stanford Court, Anaheim, CA, 92805 to remove and replace metal roofing panels.
2. Authorize a ten percent (10%) contingency in the amount of $74,528 for unforeseen costs related to the project.
3. Authorize the Interim City Manager and City Clerk to execute the PWA and any future amendments to the agreement.
4. Authorize a budget transfer of $191,206 in City Capital Improvement Program funds from the Lions Park Café Project (#800032) to the Norma Hertzog Community Center Roof Replacement Project (#210025).
BACKGROUND:
The Norma Hertzog Community Center (NHCC), located at 1845 Park Avenue, Costa Mesa, CA, 92627 is the City’snewest rental facility. It features a large meeting room complete with a stage and integrated AV system suitable for events, receptions, large meetings, and classes. It also includes a smaller meeting room along with an outdoor patio area. During the prior renovation of NHCC, the old metal roof was not replaced. The roof has since experienced leaks during periods of heavy rainfall.
The proposed work for this project will assist in keeping the facility safe from rainwater leaks, causing damage to the walls, AV system, the roof itself, and other components of the building. The proposed work consists of removing the existing roofing, prepping the area for replacement, and installing new modified bituminous roofing and manufactured metal roofing panels per the Garland Company’sshop drawings and the project specification.
93 File #: 25-435 Meeting Date: 9/16/2025
ANALYSIS:
On February 27, 2025, the City received and opened two (2) bids for this project. C.I. Services, Inc., was the apparent lowest bidder with a bid proposal of $745,276. The Engineer’s estimate was $420,000, while the average of the two total bids was $752,801. The bid abstract is included as Attachment 1.
An analysis of the bids indicated that the apparent lowest bidder submitted a bid proposal that was 177% higher than the original Engineer’s estimate. Following discussions with the roofing manufacturer, the Garland Company, it was determined that the variance between the low bidder and the Engineer’sestimate was mainly attributed to the level of precision required to manufacture the roofing panels on the circular roof. Since the panels need to be manufactured beforehand and not field-fitted to avoid odd overlaps or visually unappealing roofing panels, this results in a significantly higher cost than estimated. In addition to the base bid amount of $745,276, a ten percent (10%) contingency in the amount of $74,528 is also requested for unforeseen costs.
The license and references of C.I. Services, Inc. were verified, and staff found them to be in good standing.
Upon award of the PWA (Attachment 2), C.I. Services, Inc. will furnish the necessary bonds for the project. After the award and subsequent execution of the PWA, a “Notice to Proceed” will be issued.
ALTERNATIVES:
Alternatives to this recommendation include rejecting the bids and re-advertising the project. Staff considers that re-advertising the project will not result in a better outcome and will delay the project.
FISCAL REVIEW:
Funding for this project, inclusive of a ten percent (10%) contingency, is available in the Capital Improvement Fund (Fund 401). The NHCC Roof Replacement Project #210025 has an available balance of $628,598. To award the PWA, a budget transfer in the amount of $191,206 is requested from the Lions Park Café Project #800032 to the NHCC Roof Replacement project #210025. The Lions Park Café project, which was budgeted in Federal Grants (Fund 230), Capital Improvement Fund (401), and Lions Park Project Bond Fund (Fund 418), is near completion. The funds requested for reallocation are available in Fund 401 and will not impact any prior grant funding.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this staff report, prepared the PWA, and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project works toward achieving the following City Council goals:
· Maintain and enhance the City’s facilities, equipment, and technology.
CONCLUSION:
94 File #: 25-435 Meeting Date: 9/16/2025
Staff recommends the City Council:
1. Award a PWA in the amount of $745,276 to C.I. Services, Inc. 1145 E. Stanford Court, Anaheim, CA, 92805 to remove and replace metal roofing panels.
2. Authorize a ten percent (10%) contingency in the amount of $74,528 for unforeseen costs related to the project.
3. Authorize the Interim City Manager and City Clerk to execute the PWA and any future amendments to the agreement.
4. Authorize a budget transfer of $191,206 in City Capital Improvement Program funds from the Lions Park Café Project (#800032) to the Norma Hertzog Community Center Roof Replacement Project (#210025).
95 City of Costa Mesa
Bid Results for Project NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT (25-05) Issued on 02/27/2025
Bid Due on March 31, 2025 2:00 PM (PDT)
Exported on 03/31/2025
Line Totals (Unit Price * Quantity)
Item Num Section Item Code Description Reference Unit of Measure Quantity C.I. Services, Inc. BEST Contracting Services Inc 1 Section 1 1 MOBILIZATION AND DEMOBILIZATION LS 1 $8,276.00 $10,000.00 2 Section 1 2 REMOVE EXISTING ROOFING, DISPOSE OF DEMO MATERIAL, CLEAN, & PREP FOR ROOF REPLACEMENT LS 1 $35,000.00 $38,000.00 3 Section 1 3 REPLACE ROOFING PER GARLAND COMPANY SHOP DRAWINGS AND PROJECT SPECIFICATIONS LS 1 $660,000.00 $670,325.00 4 Section 1 4 ALLOWANCES FA 1 $42,000.00 $42,000.00
Subtotal $745,276.00 $760,325.00
Total $745,276.00 $760,325.00
Unit Price
Item Num Section Item Code Description Reference Unit of Measure Quantity C.I. Services, Inc. BEST Contracting Services Inc 1 Section 1 1 MOBILIZATION AND DEMOBILIZATION LS 1 $8,276.00 $10,000.00 2 Section 1 2 REMOVE EXISTING ROOFING, DISPOSE OF DEMO MATERIAL, CLEAN, & PREP FOR ROOF REPLACEMENT LS 1 $35,000.00 $38,000.00 3 Section 1 3 REPLACE ROOFING PER GARLAND COMPANY SHOP DRAWINGS AND PROJECT SPECIFICATIONS LS 1 $660,000.00 $670,325.00 4 Section 1 4 ALLOWANCES FA 1 $42,000.00 $42,000.00
ATTACHMENT 1
96 1
CITY OF COST
A MESA
PUBLIC WORKS AGREEM
ENT FOR
CITY PROJECT NO. 25-05
THIS PUBL
IC WORKS AGREEMENT (“Agreement”), dated the 16 th day of September, 2025 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and C.I. SERVICES, INC. , a California corporation (“CONTRACTOR”).
WHEREAS
, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and
WHEREAS
, CITY has determined that CONTRACTOR is the lowest responsible bidder; and
WHEREAS, CITY
now desires to contract with CONTRACTOR to furnish
construction and related services for the Project; and
WHEREAS
, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.
NOW, THER
EFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE OF WORK.
The scope of work
generally consists of mobilization, removing the existing Norma Hertzog Community Center roofing, preparation for replacement, and installation of a new modified bituminous roofing and manufactured metal roofing panels per the Garland Company’s shop drawings and project specifications in RFP (the “Work”).
The Work is fur
ther described in the “Contract Documents” referred to below.
The Project is
known as the Norma Hertzog Roof Replacement City Project, City Project No. 25-05 (the “Project”).
2. CONTRACT DOCUM
ENTS.
The complete Agreem
ent consists of the following documents relating to the Project:
(a) This Agreement;
(b) CONTRAC
TOR’s bid, attached hereto as Exhibit A and incorporated herein; (c) Bid package,
including, but not limited to, notice inviting bids, Addendums ATTACHMENT 2
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2 1, 2 and 3, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. Contractor acknowledges receipt and review of the plans, specifications via the City’s PlanetBids portal (http://www.planetbids,com/portal/portal.cfm?CompanyID=45476), which is incorporated herein by this reference. The bid package is attached hereto as Exhibit B and incorporated herein;
(d) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond, attached hereto as Exhibit C;
(e) Drug-Free Workplace Policy, attached hereto as Exhibit D and incorporated herein; and
(f) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.
The documents comprising the complete Agreement will be referred to as the “Contract Documents.”
All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.
In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.
The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.
3. CITY’S REPRESENTATIVE.
The CITY’s Representative is Ryan Wilson , referred to herein as the Project Manager (“Project Manager”).
4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion.
(b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.
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3 This Paragraph 4 is a material provision of the Agreement.
5. SCHEDULE.
All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).
6. EQUIPMENT - PERFORMANCE OF WORK.
CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with the Contract Documents.
The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.
7. COMPENSATION.
CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Seven Hundred Forty-Five Thousand Two Hundred Seventy-Six Dollars ($745,276.00).
8. ADDITIONAL SERVICES.
CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.
It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.
9. PAYMENTS TO CONTRACTOR.
On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.
A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to 99 Project and Specification No. 25-05
4 issue a warrant.
Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.
Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof.
CONTRACTOR shall be entitled to any interest earned on the securities.
In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).
10. PROMPT PAYMENT OF SUBCONTRACTORS.
CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.
CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed.
Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.
11. TIME OF PERFORMANCE.
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5 CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within sixty (60) working days from the first day of commencement of the Work.
12. TERMINATION.
(a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.
(b) Termination for Breach of Contract.
(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.
(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.
(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.
13. LIQUIDATED DAMAGES.
In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Four Hundred ($400.00) as liquidated damages for each calendar day beyond the date provided for the completion of such work.
The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby 101
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6 agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.
14. PERFORMANCE BY SURETIES.
In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR , and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.
16. SUPERINTENDENCE BY CONTRACTOR.
At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.
17. INSPECTION BY CITY.
CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.
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7 18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement.
CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off -site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shal l be borne by CONTRACTOR.
19. CONTRACT SECURITY AND GUARANTEE.
CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S.
Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.
CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook.
CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.
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8 The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR.
20. INDEMNIFICATION.
CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’s specifications or CONTRACTOR’s proposal, which shall be of no force and effect.
CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.
CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement. 104
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9 The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and it s elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.
In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.
21. INSURANCE.
(a) Minimum Scope and Limits of Insurance. CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.
CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY:
(i) 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 Millio n Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(ii) 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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10 (iii) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the CITY, its officers, agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(i) 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 CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, leased, hired, or borrowed by the CONTRACTOR.”
(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.”
(iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
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11 (c) Reporting Provisions . Any failure of CONTRACTOR 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.
(d) Insurance Applies Separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(e) 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.
(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.
(g) Non-Limiting. Nothing in this Paragraph 21 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.
22. PREVAILING WAGE REQUIREMENTS.
(a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s).
(c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code 107
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12 regarding eight (8) -hour work day and 40- hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by CONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one- half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.
CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.
(f) Registration with DIR. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
23. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.
24. DRUG-FREE WORKPLACE POLICY.
CONTRACTOR, upon notification of the award of this Agreement, shall establish 108
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13 a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug- Free Awareness Program, and must abide by its terms.
CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100- 5, attached hereto. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.
25. NON–DISCRIMINATION.
In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.
26. PROVISIONS CUMULATIVE.
The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.
27. NOTICES.
It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.
All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Ryan Wilson
Notices required to be given to CONTRACTOR shall be addressed as follows:
C.I. Services, Inc.
1145 E. Stanford Court
Anaheim, California 92805
Attn: Alex Marcinkowski, President
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14 Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:
_________________
_________________
_________________
Attn: ___________
28. INDEPENDENT CONTRACTOR.
The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.
29. P ERS ELIGIBILITY INDEMNIFICATION.
In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be elig ible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
30. VALIDITY.
The invalidity in whole or in part of any provision of this Agreement shall not void 110
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15 or affect the validity of any of the other provisions of this Agreement.
31. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.
32. NO THIRD PARTY BENEFICIARY RIGHTS.
This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
33. ASSIGNABILITY.
This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment , without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.
34. WAIVER.
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 referring expressly to this Paragraph. 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.
35. HEADINGS.
Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.
36. CONSTRUCTION.
The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden 111
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16 of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
37. COUNTERPARTS.
This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.
38. CORPORATE AUTHORITY.
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement.
[Signature page follows.]
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17 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: _____________________ Cecilia Gallardo-Daly
Interim City Manager
CONTRACTOR
__________________________________ Date: _____________________ Signature
__________________________________
Alex Marcinkowski, President
ATTEST:
__________________________________ Date: _____________________ Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: _____________________ Ruth Wang
Risk Management
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18 APPROVED AS TO PURCHASING:
__________________________________ Date: _____________________ Carol Molina
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director
__________________________________ Date: _____________________ Ryan Wilson
Project Manager
114
EXHIBIT A
CONTRACTOR’S BID
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
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EXHIBIT B
BID PACKAGE
140
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION
DATE: March 06, 2025
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 1 COSTA MESA NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT CITY PROJECT NO. 25-05
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected] . A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
MANDATORY
PRE-BID JOB WALK DATE : 10:00 A.M., Tuesday, March 11, 2025 NO CHANGE
PRE BID JOB WALK LOCATION 1845 Park Ave, Costa Mesa, CA 92627 NO CHANGE
BID OPENING DATE: 2:00 P.M., Monday, March 31, 2025 NO CHANGE
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Addendum No. 1
Project and Specifications No. 25-05
Revised Section B Information for Bidders, No. 18.
Date for supplier and material substitutions to be submitted changed to 2:00 PM Friday, March 21, 2025, ten (10) days before bid opening date.
Revised Section D Part 1 General Provisions of Project Specifications.
Sections altered and added throughout Section D Part 1 General Provisions.
Revised Section E Part 1.1 Special Provisions.
1. Updated specifications to defer responsibility of purchasing all project materials from the City to the Contractor.
2. All materials referenced in technical specifications have been updated to be purchased either from the Garland Company or approved equal.
Note: All vendor substitutions and material substitutions must be submitted to the City at least five (10) days before bid opening.
The contents of this bid addendum shall have precedence over all related provisions within the contract documents. It is the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders.
Should it be necessary to request clarification on these matters, please send your request via e-mail at [email protected]
Please acknowledge receipt of this bid addendum by signing on page “P-4” of the proposal within the bid contract documents AND by filling out and signing within the rectangle on the first page of this bid addendum and e-mailing it to [email protected]
Sincerely,
Ryan Wilson
Assistant Engineer
142
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION
DATE: March 12, 2025
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 2 COSTA MESA NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT CITY PROJECT NO. 25-05
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected] . A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
MANDATORY
PRE-BID JOB WALK DATE : 10:00 A.M., Tuesday, March 11, 2025 COMPLETED
PRE BID JOB WALK LOCATION 1845 Park Ave, Costa Mesa, CA 92627 COMPLETED
BID OPENING DATE: 2:00 P.M., Monday, March 31, 2025 NO CHANGE
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Addendum No. 2
Project and Specifications No. 25-05
Revised Section E Part 1.1 Special Provisions.
1. Updated specifications to defer responsibility of purchasing all project materials from the City to the Contractor. Previous addendum was uploaded with old version of Section E Special Provisions that did no defer responsibility to Contractor.
2. All dimensions are to be field verified by the Contractor. Shop drawings and as-built measurements are approximate only.
3. Scope of work extended to include removal of all galvanized coping cap and trim throughout the project, including coping on walls around perimeter of Community Center and to replace with new 22 ga kynar metal. Appendix B1 Item #1 and #2 added to show field photographs of areas (not limited to areas shown in photos).
4. Metal caps on wood awning structure to be removed and replaced with new 22 ga kynar metal.
Appendix B1 Item #3 added to show field photographs of areas (not limited to areas shown in photos).
5. All flashings below red line in the photo on Item #4 Appendix B1 of center skylight are to be replaced with 22 ga kynar metal.
As-Built Drawings
1. As-built drawings added as additional attachment.
The contents of this bid addendum shall have precedence over all related provisions within the contract documents. It is the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders.
Should it be necessary to request clarification on these matters, please send your request via e-mail at [email protected]
Please acknowledge receipt of this bid addendum by signing on page “P-4” of the proposal within the bid contract documents AND by filling out and signing within the rectangle on the first page of this bid addendum and e-mailing it to [email protected]
Sincerely,
Ryan Wilson
Assistant Engineer
144
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION
DATE: March 25, 2025
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 3 COSTA MESA NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT CITY PROJECT NO. 25-05
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected] . A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
MANDATORY
PRE-BID JOB WALK DATE : 10:00 A.M., Tuesday, March 11, 2025 COMPLETED
PRE BID JOB WALK LOCATION 1845 Park Ave, Costa Mesa, CA 92627 COMPLETED
BID OPENING DATE: 2:00 P.M., Monday, March 31, 2025 NO CHANGE
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Addendum No. 3
Project and Specifications No. 25-05
Revised Section E Special Provisions 076100 and 075200.
1. Special Provisions section 076100, section 1.11 A5 verbiage changed to “Contractor to supply a 2 year bonded warranty and an additional 3 year non-bonded warranty covering roofing system installation and watertightness.”
2. Special Provisions section 075200, section 1.12 B verbiage changed to “Contractor to supply a 2 year bonded warranty and an additional 3 year non-bonded warranty to the membrane manufacturer with a copy directly to Owner.”
The contents of this bid addendum shall have precedence over all related provisions within the contract documents. It is the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders.
Should it be necessary to request clarification on these matters, please send your request via e-mail at [email protected]
Please acknowledge receipt of this bid addendum by signing on page “P-4” of the proposal within the bid contract documents AND by filling out and signing within the rectangle on the first page of this bid addendum and e-mailing it to [email protected]
Sincerely,
Ryan Wilson
Assistant Engineer
146
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND
SPECIAL PROVISIONS FOR
NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT
CITY PROJECT 25-05
Prepared Under the Direction of
Seung Yang, P.E.
City Engineer
Copy No. ___________ Checked by
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Project and Specification No. 25-05
i
TABLE OF CONTENTS
PAGE NUMBER
TABLE OF CONTENTS ................................................................................................. i THRU vii
SSEECCTTIIOONN AA
NOTICE INVITING BIDS .......................................................................................... N-1 THRU N-3
SSEECCTTIIOONN BB
INFORMATION FOR BIDDERS .............................................................................................. B-1
1 PREPARATIONS OF BID FORM .................................................................. B-1
2 QUALIFICATION OF BIDDERS .................................................................... B-1
3 BID SECURITY ........................................................................................ B-1
4 NON-COLLUSION AFFIDAVIT .................................................................... B-1
5 SIGNATURE ............................................................................................ B-2
6 CORRECTIONS ....................................................................................... B-2
7 DELIVERY OF PROPOSAL ......................................................................... B-2
8 BID DEPOSIT RETURN.............................................................................. B-2
9 TAXES ................................................................................................... B-2
10 WITHDRAWAL OF BIDS ............................................................................. B-2
11 AGREEMENT AND BONDS ........................................................................ B-2
12 FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE
AGREEMENT .......................................................................................... B-2
13 BIDDERS INTERESTED IN MORE THAN ONE BID .......................................... B-2
14 EXAMINATION OF SITE AND CONTRACT DOCUMENTS .................................. B-2
15 INTERPRETATION OF PLANS AND DOCUMENTS .......................................... B-3
16 ADDENDA .............................................................................................. B-3
17 QUESTIONS TO THE ENGINEER ................................................................ B-3
18 EQUIVALENT MATERIALS ......................................................................... B-3
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ii
Table of Contents
(CONTINUED)
PAGE NUMBER
19 EVIDENCE OF RESPONSIBILITY................................................................. B-3
20 LEGAL RESPONSIBILITIES ........................................................................ B-3
21 ANTI-DISCRIMINATION ............................................................................. B-4
22 DRUG-FREE WORKPLACE POLICY ............................................................. B-4
23 BID PROTEST PROCEDURES .................................................................... B-4
24 ASSEMBLY BILL 626 ................................................................................ B-4
REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS ................................... B-6
SSEECCTTIIOONN CC
PROPOSAL ........................................................................................................... P-1 THRU P-11
SSEECCTTIIOONN DD
PART 1 GENERAL PROVISIONS
SECTION 1 - GENERAL .................................................................................... GP-1
1-1 GENERAL ............................................................................................. GP-1
ESTABLISHMENT OF STANDARD SPECIFICATIONS
1-2 TERMS AND DEFINITIONS....................................................................... GP-2
1-3 ABBREVIATIONS ................................................................................... GP-2
1-6 BIDDING AND SUBMISSION OF BID .......................................................... GP-3
1-6.1.1 REQUEST FOR INTERPRETATION ........................................................... GP-3
1-6.1.2 SOIL CONDITIONS ................................................................................. GP-4
1-6.1.3 RETURN OF BID SECURITY ..................................................................... GP-4
1-6.2 SUBCONTRACTING LISTING ................................................................... GP-4
1-7 AWARD AND EXECUTION OF THE CONTRACT ........................................... GP-5
1-7.1.1 EXECUTION OF THE AGREEMENT ........................................................... GP-5
1-7.2 CONTRACT BONDS................................................................................ GP-5 149
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iii
Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN DD CCOONNTTIINNUUEEDD
SECTION 2 – SCOPE OF WORK ....................................................................... GP-6
2-1 WORK TO BE DONE ............................................................................... GP-6
2-2 PERMITS .............................................................................................. GP-6
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES .................................... GP-6
2-5.2 TEMPORARY UTILITY SERVICES ............................................................. GP-6
2-5.4 HAUL ROUTES ..................................................................................... GP-7
2-7 CHANGES INITIATED BY THE AGENCY .................................................... GP-8
2-8 EXTRA WORK ....................................................................................... GP-8
2-9 CHANGED CONDITIONS ........................................................................ GP-8
SECTION 3 – CONTROL OF THE WORK .......................................................... GP-9
3-1 ASSIGNMENT........................................................................................ GP-9
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ...................................... GP-9
3-5 INSPECTION ...................................................................................... GP-10
3-6 THE CONTRACTOR’S REPRESENTATIVE ............................................... GP-10
3-7 CONTRACT DOCUMENTS ..................................................................... GP-11
3-10 SURVEYING ....................................................................................... GP-11
3-10.3 LINE AND GRADE ............................................................................... GP-11
3-12 WORK SITE MAINTENANCE .................................................................. GP-12
3-12.2 AIR POLLUTION CONTROL .................................................................... GP-12
3-12.6 WATER POLLUTION CONTROL .............................................................. GP-12
3-12.6.2 BEST MANAGEMENT PRACTICES (BMP’S) ............................................. GP-13
3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ...................... GP-14
3-12.6.4 DEWATERING ..................................................................................... GP-15
3-13.3 WARRANTY ....................................................................................... GP-15 150
Project and Specification No. 25-05
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Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN DD CCOONNTTIINNUUEEDD
SECTION 4 – CONTROL OF MATERIALS ....................................................... GP-15
4-4 TESTING ........................................................................................... GP-15
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES .......................... GP-16
5-1 LAWS AND REGULATIONS ................................................................... GP-16
5-2 SPECIAL NOTICES .............................................................................. GP-16
5-3 LABOR .............................................................................................. GP-16
5-3.3 PAYROLL RECORDS ........................................................................... GP-16
5-3.5 APPRENTICES ................................................................................... GP-16
5-4 INSURANCE ....................................................................................... GP-17
5-7 SAFETY ............................................................................................. GP-18
5-7.1 WORK SITE SAFETY ........................................................................... GP-18
5-7.8 STEEL PLATE COVERS........................................................................ GP-18
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK .................... GP-18
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-18
6-1.1 CONSTRUCTION SCHEDULE ................................................................ GP-18
6-1.3 DAILY REPORT SUBMITTAL .................................................................. GP-19
6-3 TIME OF COMPLETION ........................................................................ GP-19
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION .................................. GP-19
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT .................................... GP-19
6-7.3 NOTICE OF TERMINATION FOR DEFAULT ............................................... GP-19
6-7.4 RESPONSIBILITY OF SURETY ............................................................... GP-19
6-9 LIQUIDATED DAMAGES ....................................................................... GP-20 151
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Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN DD CCOONNTTIINNUUEEDD
SECTION 7 – MEASUREMENT AND PAYMENT .............................................. GP-20
7-3 PAYMENT .......................................................................................... GP-20
7-3.2 PARTIAL AND FINAL PAYMENT ............................................................. GP-20
7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-22
7-3.2.2 PROMPT PAY MONITORING AND ENFORCEMENT OF PROGRESS PAYMENTS ........................................................................................ GP-22
7-3.3 DELIVERED MATERIALS ...................................................................... GP-23
7-3.4 MOBILIZATION ................................................................................... GP-23
7-3.4.1 TRAVEL ROUTE AND TRUCKING AN EQUIPMENT .................................... GP-24
7-3.4.2 CONSTRUCTION SEQUENCE/ORDER OF WORK ..................................... GP-24
7-4 PAYMENT FOR EXTRA WORK ............................................................... GP-24
7-4.2 BASIS FOR ESTABLISHING COSTS ........................................................ GP-24
7-4.2.1 LABOR .............................................................................................. GP-24
7-4.3 MARKUPS ......................................................................................... GP-25
7-4.3.1 WORK BY THE CONTRACTOR .............................................................. GP-25
7-4.3.2 WORK BY A SUBCONTRACTOR ............................................................ GP-25
7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204…………………………. GP-25
SSEECCTTIIOONN EE
PART 1.1 –SPECIAL PROVISIONS
101-1 GENERAL ....................................................................................... SP-1 101-2 NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT ............. SP-3 101-3 ALLOWANCES – ADDITIONAL WORK ITEMS ......................................... SP-6
SSEECCTTIIOONN EE
PART 1.2 –TECHNICAL SPECIFICATIONS
07 61 00 MANUFACTURED METAL ROOFING PANELS ........................................ TS-1 07 52 00 MODIFIED BITUMINOUS ROOFING .................................................... TS-16
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Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN FF
MODIFICATIONS TO STANDARD SPECIFICATIONS
PART 2 – CONSTRUCTION MATERIALS (NO ADDITIONS OR MODIFICATIONS) PART 3 – CONSTRUCTION METHODS (NO ADDITIONS OR MODIFICATIONS)
PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION ...................................................... SS-1 400-1 GENERAL ............................................................................................ SS-1
400-1.1 DRAINAGE CONTROL: RESPONSIBILITIES ............................................... SS-1
400-1.2 DRAINAGE CONTROL: EXCAVATION DEWATERING REQUIREMENTS ............ SS-1
SECTION 402 – UTILITIES ............................................................................................. SS -2
402-1 LOCATION .......................................................................................... SS -2
402-1.1 GENERAL ........................................................................................... SS -2
402-1.2 PAYMENT ........................................................................................... SS -3
402-2 PROTECTION ...................................................................................... SS -3
402-2.1 PAYMENT ........................................................................................... SS -3
402-4 RELOCATION ...................................................................................... SS -4
PART 5 – PIPELINE SYSTEM REHABILITATION (NO ADDITIONS OR MODIFICATIONS)
PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS ............................................................................................. SS-7 600-1 GENERAL ............................................................................................ SS-7 600-1.1 NOTIFICATION AND ACCESS ................................................................... SS-7
PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS(NO ADDITIONS OR MODIFICATIONS)
PART 8 – LANDSCAPING AND IRRIGATION (NO ADDITIONS OR MODIFICATIONS)
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Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN GG
MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)
1 AGREEMENT (SAMPLE) .................................................................. 22 PAGES
2 COUNCIL POLICY 100-5 DRUG FREE WORKPLACE .............................. 3 PAGES
3 LABOR AND MATERIAL PAYMENT BOND (SAMPLE) ................................. 1 PAGE
3 FAITHFUL PERFORMANCE BOND (SAMPLE) ........................................... 1 PAGE
4 INSURANCE (SAMPLE) ...................................................................... 6 PAGES
5 PERMIT APPLICATION FOR BUILDING.................................................. 2 PAGES
6 PERMIT APPLICATION FOR PUBLIC SERVICES ....................................... 1 PAGE
7 APPLICATION FOR BUSINESS LICENSE ................................................. 1 PAGE
8 W-9 REQUEST FOR TAXPAYER ID NUMBER ........................................ 4 PAGES
APPENDIX “A”
NORMA HERTZOG COMMUNITY CENTER SHOP DRAWINGS ............ 7 PAGES
APPENDIX “B”
FIELD PHOTOS ...................................................................................... 4 PAGES
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N-1 NOTICE INVITING BIDS
SECTION A
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Costa Mesa (“City”) invites sealed bids, to be submitted electronically only, for the following project:
COSTA MESA NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT CITY PROJECT NO. 25-05
1. BID SUBMISSION AND OPENING : Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 2:00 P.M., Monday, March 31, 2025, at which time or shortly thereafter the City will open bids electronically. The bid results will be posted online via PlanetBids. No paper bids or any other form of submittal will be accepted. Any bid received after the scheduled closing time for the rec eipt of bids will be rejected. The City is not responsible for and accepts no liability in the event a response is late due to any network, internet, or any other technical difficulty or interruption. It shall be the sole responsibility of the bidder to ensure that his/her/its bid is received by the deadline.
To access the bid documents and bid on this project, potential vendors and bidders must first register through the City’s PlanetBids portal at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=45476
2. SCOPE OF WORK AND BID DOCUMENTS: The scope of work generally consists of mobilization, removing the existing Norma Hertzog Community Center roofing, prepping for replacement, and installing new modified bituminous roofing and manufactured metal roofing panels per the Garland Company’s shop drawings and these project specifications. The work shall include all labor, materials, equipment, deliveries, setup, and roof install per the shop drawings and these specifications.
The plans, specifications, and bid documents for this project can be obtained via the City’s PlanetBids portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476
It is the bidder’s responsibility to ensure that the most current version of the solicitation, including any addenda, has been downloaded. Bids received without the applicable addenda will be rejected as incomplete.
3. PRE-BID MEETING OR JOB WALK : A mandatory pre -bid job walk has been scheduled for Tuesday, March 11, 2025 at 10:00 a.m. starting in the front of the City of Costa Mesa’s Norma Hertzog Community Center located at 1845 Park Ave, Costa Mesa, CA 92627.
4. SCHEDULE OF EVENTS:
Release of RFP February 27, 2025
Mandatory Job Walk March 11, 2025 at 10:00 a.m.
Deadline for Written Questions March 18, 2025, at 11:00 a.m.
Responses to Questions Posted March 20, 2025
Proposals are Due March 31, 2025, at 2:00 p.m.
Construction Start Date September 1, 2025
**All dates are subject to change at the discretion of the City.
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N-2 NOTICE INVITING BIDS
5. BID CONTENTS: All bids must be submitted on the proposal form included in the bid documents. No bid will be considered unless it is made on the proposal form furnished by the City and made in accordance with the provisions of the bid requirements.
6. BID SECURITY: Each bidder must submit a certified check, cashier’s check, or a bid bond, made payable to or in favor of the City of Costa Mesa, in an amount equal to at least ten percent (10%) of the total amount of the bid, to the Costa Mesa City Clerk PRIOR to the bid submission deadline. No bid will be considered unless such certified check, cashier's check, or bid bond is received by the City Clerk prior to the bid submission deadline.
7. CONTRACTOR’S LICENSE : A valid California Contractor's State License C -39 (Roofing Contractor License) issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening.
8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS : Pursuant to Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to Labor Code section 1725.5.
9. PREVAILING WAGES : This project is a “public work” subject to prevailing wage requirements.
Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all works employed on the project shall be paid not less than the general prevailing rate of per diem wa ges, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with Costa Mesa Public Services Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relati ons’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases. The prime contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This project is subject to compliance monitoring and enforcement by the DIR.
10. PAYMENT BOND AND PERFORMANCE BOND: A Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to award of the contract.
11. RETENTION: The City withholds five percent (5%) of each progress payment as retention. Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for money withheld by the City to ensure performance of the contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor. Securities will be returned to the contractor upon satisfactory completion of the contract.
12. NON-DISCRIMINATION: The bidding process and contract are subject to State and Federal non - discrimination requirements, including but not limited to the requirement that no person or business shall discriminate on the basis of race, color, national origin, ancestry, religious creed, physical disability, mental disability, medical condition, marital status, sex, gender, gender expression, gender identity, sexual orientation, age, or military or veteran status in its solicitation, selection, hiring, or treatment of individuals or businesses in connection with the bidding process or work performed for the City in connection with the project.
13. CITY’S RIGHT TO REJECT BIDS: The City of Costa Mesa reserves the right, in its sole discretion, to reject any or all bids, or to waive any minor irregularities or informalities in any bid. 156
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N-3 NOTICE INVITING BIDS
14. ADDITIONAL REQUIREMENTS: This project is subject to local, State, and Federal regulations and requirements, as detailed in the bid documents.
Brenda Green, City Clerk
City of Costa Mesa
Dated: February 27, 2025
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B-1
SECTION B
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City of Costa Mesa (City) requires that bids be submitted on the proposal available on PlanetBids at such time and place as is stated in the Notice Inviting Bids. All information requested in the bid forms must be provided. All bids shall be submitted electronically via the City’s public bidding platform, PlanetBids only. No other form of submittal shall be accepted . It is the sole responsibility of the Bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be rejected. Each Bidder is responsible for acknowledging all addenda and ensuring completed proposal forms are uploaded to the PlanetBids.com website. Bid information in the uploaded, electronically submitted, proposal bid form shall match the information that is manually input to the PlanetBids.com website. Only bid information provided as part of the uploaded proposal bid form will be considered part of the bid.
2. QUALIFICATION OF BIDDERS: A valid California Contractor's State License C-39 (Roofing Contractor License) issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening and that are able to meet the following criteria will be eligible to submit a bid:
a. Contractors bidding to the City shall have a minimum 5 years continuous experience specializing in modified bituminous roofing and manufactured metal roofing installation and certified by the roofing system manufacturer as qualified to install manufacturer’s roofing materials.
b. Contractors bidding to the City shall have completed as the prime three (3) projects of comparable quality, size, complexity and type.
c. Within three (3) calendar days of request by City, Contractor shall submit evidence of compliance to the above qualifications and provide a list of all work performed, both complete and incomplete, within the previous five (5) years and include the names and phone numbers of the Clients and Architects involved. The list must include at least five (5) Construction Project References indicating Public Works project experience and/or construction experience on projects of similar scope and size that include roof installation which have been completed or are in progress.
Forms for this purpose are furnished with the bid package. d. Before a contract is awarded, the City may at its sole discretion, require from the proposed contractor evidence of their ability to faithfully, capably, and reasonable perform such proposed contract within the Contract Time and for the Contract Amount, and may consider such evidence before making a decision on the award of such proposed contract.
3. BID SECURITY / BID BOND: Each bid shall be accompanied by one of the following:
cash, cashier's check made payable to the City, a certified check made payable to the City, or a Bidder's Bond executed by an admitted surety insurer, made payable to the City, in an amount not less than 10% of the maximum amount of the bid. This original bid security / bid bond must be submitted to the City Clerk’s Office at least one hour prior to the bid submission deadline. Any and all late submittals of the bid security / bid bond shall be rejected, and it is the bidder’s responsibility, not the delivery service, to ensure said bid security / bid bond is delivered timely to the City Clerk’s office. The Bidder’s Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized. The bid security shall be given as a guarantee that the Bidder, if awarded the 158
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work, shall execute the contract in conformity with the Contract Documents and shall provide the surety bond or bonds as specified therein within fourteen (14) calendar days after a written Notice of Intent to Award Contract is deposited in the mail. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the City.
4. NONCOLLUSION AFFIDAVIT: Each bid shall be accompanied by a notarized Noncollusion Affidavit on a form which is included in the Contract Documents.
5. SIGNATURE: Via the PlanetBids platform, the bid must be electronically or digitally signed in the name of the Bidder and must be person or persons duly authorized to sign the bid on behalf of the Bidder.
6. CORRECTIONS: Any corrections made to the submitted bid must be made electronically via PlanetBids.
7. DELIVERY OF PROPOSAL: Proposals shall be submitted electronically via PlanetBids:
https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. No other form of submittal shall be accepted by the City.
8. BID DEPOSIT RETURN: Deposits of three of more low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the Bonds and Certificates of Insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned.
9. TAXES: No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
10. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.
11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and Certificate of Insurance which he will be required to furnish prior to the execution of the Agreement, are included in the Contract Documents and should be carefully examined by the Bidder. The successful Bidder will be required to submit THREE (3) executed copies of the Agreement, the Performance Bond, the Payment Bond and the Certificate of Insurance. Payment and performance bonds shall be issued by a surety who is listed in the latest revision of U.S. Department of Treasury Circular 570 and Code of Civil Procedure Section 995.120. The Performance Bond and the Payment Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized.
12. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT: In the event the Bidder to whom the Notice of Intent to Award Contract is given fails or refuses to post the required bonds and Certificate of Insurance and return executed copies of the Agreement within fourteen (14) calendar days after notification, the City may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to post such security and execute such copies of the Agreement, and may give Notice of Intent to Award Contract to the next lowest responsive and responsible bidder, or may call for new bids.
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13. BIDDERS INTERESTED IN MORE THAN ONE BID: No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same work unless alternate bids are specifically called for.
14. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.
15. INTERPRETATION OF PLANS AND DOCUMENTS: If any Bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings and specifications, it may submit to the Engineer a written request for an interpretation or correction thereof. The Bidder submitting the Request for Interpretation (RFI) shall be responsible for its prompt delivery and on the form included within this IFB (Page B-5) Any interpretation or correction of the Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such unauthorized oral interpretation.
16. ADDENDA: The effect of all addenda to the Contract Documents shall be considered in the bid package and said addenda shall be made part of the Contract Documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and result in its rejection by the City.
17. QUESTIONS TO THE ENGINEER: Pre-bid questions and requests for interpretation (RFIs) of the bid documents (i.e. Plans, Specifications, Contract Documents, Bid Forms, etc.) shall be submitted no later than 11:00 AM Tuesday, March 18, 2025. Any questions or RFI requests submitted after the advertised date may not receive a response. Substitution proposals will only be considered during the bidding phase.
18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, including vendors, must be submitted to the City during the bidding phase. All substitution proposal requests shall be submitted to the City for review no later than 2:00 PM Friday, March 21, 2025, ten (10) days before the bid opening date. No substitution proposals will be accepted after the advertised date, and substitutions will not be considered after award. It is the sole responsibility of the successful bidder to prove to the City that a proposed substitute is truly an equivalent to what has been specified.
19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the Bidder's financial resources, its construction experience, and its organization and plant facilities available for the performance of the contract.
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20. LEGAL RESPONSIBILITIES: All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other Contract Documents, and to full compliance therewith. Additionally, any Bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California.
21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.
22. DRUG-FREE WORKPLACE POLICY: Contractor, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a City contract must be notified of this Drug-Free Awareness Program, and must abide by its terms.
Contractor shall conform to all the requirements of City's Policy No. 100-5. Failure to establish a program, notify employees, or inform the City of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the City.
23. BID PROTEST PROCEDURES: Any bid protest must be submitted in writing before 5:00 PM of the 5 th business day following bid openings. The initial protest document shall contain a complete statement of the basis for the protest. The protest shall refer to the specific portion of the document which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. Upon receipt of a bid protest, the matter shall be reviewed by the Public Services Director, whose decision shall be final. This procedure supersedes the procedure of appeal outlined in City of Costa Mesa Municipal Code Section 2-303.
24. ASSEMBLY BILL 626: Assembly Bill 626 (AB 626), adds section 9204 to the Public Contract Code creating a claims resolution process applicable to any claim (as defined) by a contractor against a public entity filed in connection with a public works project. Section 9204 applies to public works contracts entered into on and after January 1, 2017. The legislation was supposed to sunset (end) on January 1, 2020, unless extended by subsequent legislation. The summary of Section 9204 is specified as follows:
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Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable.
This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
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BID PROPOSAL
SECTION C
PROPOSAL FOR THE
NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT
CITY PROJECT NO. 25-05
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:
In compliance with the NOTICE INVITING BIDS FOR THE NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT, CITY PROJECT 25-05, a copy which is hereto attached, the undersigned has carefully examined the location of the proposed Work, the Plans, Specifications and other Contract Documents and is therefore satisfied as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the specifications and the Contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the BIDDER has made such examination.
If awarded the Contract, the undersigned agrees to commence the Work under the Contract WITHIN (10) WORKING DAYS AFTER DATE OF CONTRACT AND COMPLETE SAID WORK WITHIN SIXTY (60) WORKING DAYS, from the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the Work in accordance with these Specifications and other Contract Documents, and to furnish all labor, materials, tools and equipment necessary to complete the Work in-place therefor, in the manner and time herein prescribed at the following prices, to wit:
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BID PROPOSAL
PROPOSAL BID SCHEDULE
(CONTINUED)
NOTES:
1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder shall make his/her own estimate from the drawings and field review for verification. If the unit price and the total amount are different, the unit price will control the bid.
Payment shall be based on actual work done and/or actual quantities used.
2. The City reserves the right to delete one or more bid items and/or to increase or decrease bid items’ quantities, at no additional cost to the City.
3. FA designates force account. Payment shall be made on a time and materials basis, only if directed by the ENGINEER.
4. (F) Designates Final Pay Item. When an item of work is designated as “FINAL PAY ITEM” in the Specifications, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
The estimated quantity for each item of work designated as “FINAL PAY ITEM” in the Specifications, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate.
5. Bidder agrees to initial or notarize (if applicable) all bid proposal form pages P-1, P-1a, P-1b, and P-2 thru P-11 and upload them onto PlanetBids.
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Bidder's Initials
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P-2a PROPOSAL
PROPOSAL SCHEDULE
(CONTINUED)
The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.
The Contractor agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work.
Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furn ish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents.
The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the above requirements are not complied with.
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Bidder's Initials
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TECHNICAL SPECIFICATIONS
PART 1.2
TECHNICAL SPECIFICATIONS
SECTION 07 61 00 – MANUFACTURED METAL ROOFING PANELS
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including the Conditions of the Contract and Division 1 Specification Sections apply to this Section.
B. Provide all labor, equipment, and material to reroof the Norma Hertzog Community Center located at 1845 Park Ave, Costa Mesa, Ca. 92627. All roof sections are included at this site.
1.2 SUMMARY
A. Work described in this section includes pre-formed factory tapered metal roofing system, metal wall panels, gutters, and coping complete with clips, perimeter and penetration flashing, and closures. All existing copper penny colored metal on this building is to be replaced under this contract. Install per shop drawings.
1.3 REFERENCES
A. American Architectural Manufacturer Association (AAMA):
1. AAMA 501.1 Standard Test Method for Metal Curtain Walls for Water Penetration using Dynamic Pressure.
B. American Iron and Steel Institute (AISI):
1. 1996 Edition Specification for the Design of Cold-Formed Steel Structural Members.
C. American Society of Civil Engineers (ASCE):
1. ASCE 7 Minimum Design Loads for Buildings and Other Structures.
D. Sheet Metal and Air Conditioning Contractors National Association (SMACNA):
1. Architectural Sheet Metal Manual, 5th edition.
1.4 SUBMITTALS FOR REVIEW PRIOR TO AWARD
A. Letter accepting City provided Shop Drawings that were provided in the bid package. If any exceptions are taken or changes need to be made, please provide this in writing. Must be approved by manufacturer under their warranty guidelines.
B. Product Data: Include manufacturer's detailed material and system description, panel and field seam installation instructions, engineering performance and finish specifications.
C. Warranty: Provide unexecuted specimen warranty documents for each warranty as required in specification section 1.12. Same manufacturer must warranty all roofing including standing seam, mod bit roofing, and metal wall panels. This must include all transitions.
D. Samples.
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1. Submit sample of panel section, at least 6" x 6" showing seam profile
2. Submit sample of wall panel section, at least 6” x 6” showing seam profile
1.5 CONTRACT CLOSEOUT SUBMITTALS
A. Special Project Warranty: Provide warranty for the Project, executed by the authorized agent of the Manufacturer.
1.6 QUALITY ASSURANCE
A. Installer Qualifications: Engage an Installer who has completed the Manufacturer's Approved Roofing Contractor course and is currently certified for the installation of this roof system.
B. If required, fabricator/installer shall submit work experience and evidence of adequate financial Responsibility. The Owner's representative reserves the right to inspect fabrication facilities in determining qualifications.
C. Source Limitations: Obtain all components of roof system from a single manufacturer, including roll goods materials if required. Secondary products that are required shall be recommended and approved in writing by the roofing system Manufacturer.
1. Upon request of the Architect or Owner, submit Manufacturer's written approval of secondary components in list form, signed by an authorized agent of the Manufacturer.
2. Manufacturer shall have direct authority and control over all fabrication of steel components as well as the raw materials used in their fabrication.
D. Source Quality Control: Manufacturer shall have in place a documented, standardized quality control program such as ISO-9001 approval.
E. Engage the Manufacturer's Field Representative to conduct required inspections of work in progress as described herein and shall furnish written documentation of all such inspections.
These inspections should take place at least 3 days per week.
F. Alternate Manufacturers: The following manufacturer criteria must be submitted. Alternate systems will not be considered for approval unless each of these items has been submitted for review at least 10 days prior to bid opening:
1. Submit each item listed in article 1.4 (A through F) and 1.5 (A through G) for evaluation of the proposed system.
2. Tests shall have been made for identical systems within the ranges of specified performance criteria.
3. Empirical calculations for roof performance shall only be acceptable for positive loads.
4. A list of a minimum of five (5) jobs where the proposed alternate material was used under similar conditions and with the same length of panels. The reference list shall include date of project, size of project, project address, and telephone number of architect/owner contact.
5. A financial statement demonstrating a minimum of a 3:1 ratio of assets to liabilities.
6. A letter from the manufacturer stating that they will provide the building owner with a site inspection for a minimum of one (1) hour per day by an experienced, full time employee of the company at least three days per week for the entirety of the roofing project. 168
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7. A written statement from a corporate officer of the manufacturing company stating that he or she has reviewed the specifications and confirms that the proposed system meets or exceeds all performance requirements listed as well as meets the panel size (length), gauge, weight, clip design, sealant design, uplift pressures and height of the vertical seam
8. A copy of manufacturer's 30 year warranty. Warranty must include coverage for all trim, flashing, fascia, soffits, and penetrations associated with this roof.
9. Proof that the manufacturer has been in business for a minimum number of years equal to the warranty period required for this project.
G. Site Formed Panels: Panels in excess of shippable length shall be formed on-site. Site formed panels shall meet each of the following requirements:
1. Panels shall be formed on heavy duty factory type roll formers. Roll formers shall gradually form the panel profile utilizing no fewer than twelve (12) forming stations to improve quality and minimize oil canning.
2. All tooling shall be polished and tempered to a minimum hardness of Rockwell C - 52.
Tooling shall be maintained clean and in good working condition. Tooling repairs or modifications made by means of welding, sawing, grinding, or the like are unacceptable, as they may contribute to poor quality, aesthetics, and performance of the end product.
3. Panels shall be of identical profile and characteristics as factory formed panels and specimens used as the basis of performance tests.
4. Sealant shall be factory applied in a separate factory formed snap on cap. Site/field applied seam sealant is unacceptable. Seam caps may be shipped in forty-five (45) feet or less length and lap spliced over full length panels in accordance with manufacturer's system details.
5. Site roll forming equipment shall be operated by a trained full time experienced technician. The installer must provide additional personnel to handle raw materials and finished product as necessary.
1.7 PRE-INSTALLATION CONFERENCE
A. Convene a pre-roofing conference approximately two (2) weeks before scheduled commencement of roofing system installation and associated work.
B. Require attendance of installer of each component of associated work, installers of deck or substrate construction to receive roofing work, installers of rooftop units and other work in and around roofing which must precede or follow roofing work (including mechanical work if any), Architect, Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of the Work, including (where applicable) Owner's insurers, testing agencies and governing authorities. Objectives of conference to include:
1. Review foreseeable methods and procedures related to roofing work, including set up and mobilization areas for stored material and work area.
2. Tour representative areas of roofing substrates (decks), inspect and discuss condition of substrate, roof drains, curbs, penetrations and other preparatory work performed by others.
3. Review structural loading limitations of deck and inspect deck for loss of flatness and for required attachment.
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4. Review roofing system requirements (drawings, specifications and other contract documents).
5. Review required submittals both completed and yet to be completed.
6. Review and finalize construction schedule related to roofing work and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays.
7. Review required inspection, testing, certifying and material usage accounting procedures.
8. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including possibility of temporary roofing (if not mandatory requirement).
9. Record discussion of conference including decisions and agreements (or disagreements) reached. Furnish a copy of record to each party attending. If substantial disagreements exist at conclusion of conference, determine how disagreements will be resolved and set date for reconvening conference.
C. Review notification procedures for inclement weather or non-working days.
D. The Owner's Representative will designate one of the conference participants to record the proceedings and promptly distribute them to the participants for record.
E. The intent of the conference is to resolve issues affecting the installation and performance of roofing work. Do not proceed with roofing work until such issues are resolved the satisfaction of the Owner and Engineer of Record. This shall not be construed as interference with the progress of Work on the part of the Owner or Engineer of Record.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Manufacturer's responsibilities:
1. All roof panels shall be shipped from the manufacturer with strippable film or similar packaging material separating the individual panels to minimize flexing, stressing, scratching or otherwise damaging the material during transit to the job.
2. Fully cover steel with tarpaulins or similar protective cover during transit to prevent dirt and debris from coming in contact with the finished goods.
B. Installer's responsibilities:
1. Stack pre-finished materials to prevent twisting, bending, abrasion and denting and elevate one end to facilitate moisture run-off.
2. Unload roof panels using a boom or crane, supporting the panels in at least two locations during lifting, and never lift more than three panels at a time.
3. Protect moisture-sensitive materials and water-based from the weather.
4. Inspect materials upon delivery. Reject and remove physically damaged or marred material from project site.
1.9 PROJECT CONDITIONS
A. Determine that work of other trades will not hamper or conflict with necessary fabrication and storage and protection requirements for roofing system. 170
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1. Protection:
a. Protect completed roofing from subsequent construction operations. Comply with Manufacturer's recommendations.
b. Do not overload roof with stored materials.
c. Support no roof-mounted equipment directly on the roofing system.
B. Ascertain that work of other trades which penetrates the roof or is to be made watertight by the roof is in place an approved prior to installation of roofing.
1.10 DESIGN AND PERFORMANCE CRITERIA
A. Thermal Expansion and Contraction:
1. Completed metal roofing and flashing system shall be capable of withstanding expansion and contraction of components caused by changes in temperature without buckling, producing excess stress on structure, anchors or fasteners, or reducing performance ability.
2. The design temperature differential shall be not less than 180º F.
3. Interface between panel and clip shall provide for unlimited thermal movement in each direction along the longitudinal direction.
4. Location of metal roofing rigid connector shall be at center of roof to allow for the expansion to go to both ridge and eave.
B. Uniform wind load capacity
1. Installed roof system shall withstand negative (uplift) design wind loading pressures complying with the following criteria. Anchor clips shall be installed exactly as spacing given in article 3.0.
a. Design Code: ASCE 7, Method 2 for Components and Cladding. b. Safety Factor: 1.650 after any load reduction or material stress increase. c. Category II Building with an Importance Factor of III d. Wind Speed: 90 mph.
e. Ultimate Pullout Value: 900 pounds per each of the two fasteners holding the panel anchor to the roof decking or framing system.
f. Exposure Category: C
1. Capacity shall be determined using pleated airbag method in accordance with ASTM E1592, testing of sheet metal roof panels. Allowable safe working loads shall be determined by dividing the ultimate test load by the safety factor specified above.
C. Uniform Positive Load Capacity.
1. The installed roof system shall be capable of resisting the following positive uniform roof loads: Roof Live Load of 20 psf;
2. Installed roof system shall carry positive uniform design loads with a maximum system deflection of L/180 as measured at the rib (web) of the panel. 171
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D. Underwriters' Laboratories, Inc., (UL) fire resistance P ratings for roof assemblies: If applicable, panel system shall be approved for use in an appropriate Construction Assembly, as defined by UL 263.
E. Underwriters' Laboratories, Inc., (UL), wind uplift resistance classification: Roof assembly shall be classified as Class 1-90, as defined by UL 580.
F. Underwriters' Laboratories, Inc., (UL) Class A fire rating per UL 790.
G. ASTM E283: Static pressure air infiltration (doors, windows, curtain walls):
1. Pressure Leakage Rate
a. 1.57 PSF 0.0007 cfm/sq.ft.
b. 6.24 PSF 0.0002 cfm/sq.ft.
c. 20.0 PSF 0.0036 cfm/sq.ft.
H. ASTM E331: Static pressure water infiltration (doors, windows, curtain walls):
Pressure Result
a. 5 Gal./Hr. per S.F. and Static No Leakage
b. Pressure of 20.0 Psf for 15 minutes
I. ASTM E1680: Static pressure air infiltration (roof panels):
1. Pressure Leakage Rate
a. 1.57 PSF 0.0012 cfm/sq.ft.
b. 6.24 PSF 0.0001 cfm/sq.ft.
c. 20.0 PSF 0.0011 cfm/sq.ft.
J. ASTM E1646: Static pressure water infiltration (roof panels):
Pressure Result
a. 5 Gal./Hr. per S.F. and Static No Leakage
b. Pressure of 20.0 Psf for 15 minutes
K. Capacities for gauge, span or loading other than those tested may be determined by interpolation of test results within the range of test data. Extrapolations for conditions outside test range are not acceptable.
L. Water penetration (dynamic pressure): No water penetration, other than condensation, when exposed to dynamic rain and 70 mph wind velocities for not less than five minutes duration, when tested in accord with principles of AAMA 501.1.
M. Wind and wind driven rain resistance: No water penetration or panel movement when exposed to 110 mph wind velocities when tested in accordance with TAS 100.
N. Water penetration in low slope applications: No water penetration or panel movement when subject to 6" head of water for 6 hrs when tested in accordance with the ASTM E2140 and when subject to 6" head of water for 7 days when tested in accordance with the TAS 114 appendix G. 172
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1.11 WARRANTIES
A. Manufacturer shall execute a single warranty covering of the following criteria. Multiple-source warranties are not acceptable.
1. Manufacturer's 30 year watertight warranty for the standing seam metal roofing, including coverage for all trim, flashings, and penetrations associated with the roof area.
2. Manufacturer’s 10 year water tight warranty for the metal wall panels.
3. 20 year coverage on finish including checking, crazing, peeling, chalking, fading and/or adhesion.
4. Warranty shall commence on date of substantial completion or final payment, whichever is agreed by contract.
5. Contractor to supply a 2 year bonded warranty and an additional 3 year non-bonded warranty covering roofing system installation and watertightness.
6. Same manufacturer must warranty wall panels, mod bit roofing, and standing seam roofing, and all transitions.
1.13 MANUFACTURER'S INSPECTIONS
A. When the project is in progress, the roofing system manufacturer will inspect the work not less than 3 days per week. In addition, the manufacturer will:
1. Keep the Owner informed as to the progress and quality of the work as observed.
2. Report to the Architect in writing any failure or refusal of the Contractor to correct unacceptable practices called to the Contractor's attention.
3. Confirm after completion that manufacturer has observed no applications procedures in conflict with the specifications other than those that may have been previously reported and corrected.
PART 2 — PRODUCTS
2.1 PRODUCTS, GENERAL
A. Refer to Division 01 Section "Common Product Requirements." B. Basis of Design: Materials, manufacturer's product designations, and/or manufacturer's names specified herein shall be regarded as the minimum standard of quality required for work of this Section. Comply with all manufacturer and contractor/fabricator quality and performance criteria specified in Part 1.
C. Substitutions: Products proposed as equal to the products specified in this Section shall be submitted in accordance with Bidding Requirements and Division 01 provisions.
1. Proposals shall be accompanied by a copy of the manufacturer's standard specification section. That specification section shall be signed and sealed by a professional engineer licensed in the state in which the installation is to take place. Substitution requests containing specifications without licensed engineer certification shall be rejected for non- conformance.
2. Include a list of three (3) projects of similar type and extent, located within a one hundred mile radius from the location of the project. In addition, the three projects must be at least 173
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five (5) years old and be available for inspection by the Architect, Owner or Owner's Representative.
3. Equivalency of performance criteria, warranty terms, submittal procedures, and contractual terms will constitute the basis of acceptance.
4. The Owner's decision regarding substitutions will be considered final. Unauthorized substitutions will be rejected. Substitutions must be done 10 days before the bid to allow for other bidders to bid the substituted product.
2.2 ACCEPTABLE MANUFACTURERS
A. The design is based upon R-Mer Span and R-Mer Wall roofing systems engineered and manufactured by The Garland Company or preapproved equals:
The Garland Company
3800 East 91st Street
Cleveland, Ohio 44105
Telephone: (949) 322-1770
Steve Lampman
Website: www.garlandco.com
2.3 METAL STANDING SEAM ROOFING SYSTEM
A. Materials.
1. Panel materials: 22 ga, 16” panels, Galvalume steel, type AZ-55, smooth as per ASTM A792-96.
2. Flashing and flat stock material: Fabricate in profiles indicated on drawings of same material, thickness, and finish as roof system, unless indicated otherwise. 22 ga flat stock for trim and accessories.
B. Finishes:
1. Exposed surfaces for coated panels:
a. Two coat coil applied, baked-on full-strength (70% resin) fluorocarbon coating system (polyvinylidene fluoride, PVF2), applied by manufacturer's approved applicator.
b. Coating system shall provide nominal 1.0 mil dry film thickness, consisting of primer and color coat.
c. Color shall be Copper Penny
2. Unexposed surfaces for coated panels shall be baked-on polyester coating with .20 - .30 dry film thickness (TDF).
C. Characteristics of standing seam:
1. Provide the same panel profile from a single manufacturer for all standing seam roof areas.
2. Provide standing seam panels incorporating mechanically interlocked, concealed anchor clips allowing unlimited thermal movement, and of configuration which will prevent entrance or passage of water.
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a. Panel/Cap configuration must have a total of four (4) layers of steel surrounding anchor clip for prevention of water infiltration and increased system strength designed to limit potential for panel blow-off.
b. Exposed fasteners, screws and/or roof mastic are unacceptable and will be rejected. System configuration only allows for exposed fasteners at panel overlap (if required) and trim details (as per manufacturer's guidelines). c. Provide panels in continuous lengths from ridge to eave with no overlaps om upper roof. Ridge cap to be installed at center of upper roof. Continuous length panels from eave to eave on lower roof.
d. Panels lengths which exceed maximum shipping lengths shall be field rolled on equipment owned by the panel manufacturer. Seam sealant must be factory applied.
e. Seam caps shall be manufactured in the factory and may be installed with end laps. Seam sealant must be factory applied.
3. Seam must be two and three-eighths (2-3/8) inches minimum height for added upward pressures and aesthetic appeal. Seam shall have continuous anchor reveals to allow anchor clips to resist positive and negative loading and allow unlimited expansion and contraction of panels due to thermal changes. Integral (not mechanically sealed) seams are unacceptable.
4. Concealed Standard Anchor Clips: Clips must be sixteen (16) gauge Galvalume steel, ONE (1) piece clip with projecting legs for additional panel alignment and provision for unlimited thermal movement in each direction along the longitudinal dimension. a. Two (2) piece clips are unacceptable.
b. Sealant applied in panel cap must be isolated from clip to insure that no sealant damage occurs from the movement of the panel during expansion and contraction.
c. Clip must maintain a clearance of a minimum of three-eighths (3/8) inches between panel and substrate for proper ventilation to help prevent condensation on underside of panel and eliminate the contact of panel fastener head to panel.
5. Seam cap: Snap-on cap shall be a minimum of 1" wide "T" shaped of continuous length up to forty-five (45) feet according to job conditions and field seamed by means of manufacturer's standard seaming machine.
a. Cap shall be designed to receive two (2) beads of continuous hot applied gasketing sealant which will be applied independent of anchor clip to allow unlimited thermal movement of panel without damage to cap sealant. b. Sealant shall be a SIS (Styrene-Isoprene-Styrene) block copolymer type thermoplastic rubber adhesive, non-fatigue water barrier.
6. Standing Seam Panel Width: 16”
7. Replaceability: Panels shall be of a symmetrical design with snap on, mechanically seamed cap configuration such that individual panels may be removable for replacement without removing adjacent panels.
8. Panel ends shall be panned at ridge, headwall, and hip conditions, or where applicable.
9. Panel length: Full length without joints, including bends. 175
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D. Accessories.
1. Gable anchor clips for:
a. Standing Seam style.
b. Galvalume steel, type AZ-55, minimum thickness 16 gauge
2. Fasteners:
a. Concealed fasteners: Corrosion resistant steel fasteners (zinc plated, stainless steel or approved equal) designed to meet structural loading requirements.
Provide #14 as the minimum fastener size.
b. Exposed fasteners: Series 410 stainless steel fasteners or one-eighth (1/8) inch diameter stainless steel waterproof rivets. All exposed fasteners shall be factory painted to match the color of the standing seam panels.
3. Closures: Factory precut closed cell foam meeting ASTM D1056 or ASTM D3575, enclosed in metal channel matching panels when used at hip, ridge, rake, and jamb.
4. Provide all miscellaneous accessories for complete installation.
5. Underlayment: R-Mer Seal
2.3 METAL WALL PANEL SYSTEM
A. Materials.
1. Panel materials: 22 ga, 16” panels, Galvalume steel, type AZ-55, smooth as per ASTM A792-96.
2. Flashing and flat stock material: Fabricate in profiles indicated on drawings of same material, thickness, and finish as roof system, unless indicated otherwise. 22 ga flat stock for trim and accessories
B. Finish on surfaces:
1. Exposed surfaces for coated panels:
b. Two coat coil applied, baked-on full-strength (70% resin) fluorocarbon coating system (polyvinylidene fluoride, PVF2), applied by manufacturer's approved applicator.
c. Coating system shall provide nominal 1.0 mil dry film thickness, consisting of primer and color coat.
d. Color shall be Copper Penny
2. Unexposed surfaces for coated panels shall be baked-on polyester coating with .20 - .30 dry film thickness (TDF).
C. Characteristics:
1. Fabrication: Panels shall be factory roll-formed from the specified metal. Field rolled panels will not be allowed.
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2. Configuration: Interlocking flush/flat seams incorporating concealed anchor clips.
Through fastened or exposed fastener systems are not acceptable.
3. Panel seam legs shall be one and one half (1 ½) inch nominal concealed depth behind the panel face. Seam shall allow for expansion and contraction of panels due to thermal changes. 3. Anchor clips: Clips shall be 22 gauge galvalume steel designed to allow thermal movement of the panel in each direction along the longitudinal dimension.
4. Panel Width (Seam Spacing): 12” nominal.
5. Panel lengths: Full length without joints
6. Profile of panel face shall have mesa’s every two (2) on center continuous throughout panel which are a minimum of one and one half ( 1 ½) inches wide. These will absorb thermal stresses, reduce oil canning, and provide aesthetic appeal.
7. Underlayment: R-Mer Seal
D. Accessories:
1. Fasteners:
a. Concealed fasteners: Corrosion resistant steel screws, #10 x 1” long, pancake head, Phillips drive. Use self-drilling, self-tapping for metal substrate or A-point for plywood substrate.
b. Exposed fasteners: Series 410 stainless steel screws or one eighth (1/8) inch diameter stainless steel waterproof rivets. All exposed fasteners shall be factory painted o match the color of the wall panels.
2. Provide all miscellaneous accessories for complete installation.
2.4 ACCESSORY PRODUCTS
A. Sealant:
1. Acceptable product:
a. Concealed Application: Non-curing butyl sealant or approved equal. b. Exposed Application: Garland SS sealant or approved equal.
2. Colors: As selected by owner from sealant manufacturer's standard selection.
B. Underlayment:
1. Underlayment shall be applied over entire roof area.
2. Provide protective membrane/underlayment with "class A" fire rating over deck surfaces. a. Apply a single layer of self adhering, R-Mer Seal self adhering base sheet shingle fashion over the entire roof area beginning at the low end of the roof section. Allow for four inch (4") side laps and eight inch (8") end laps. b. Turn sheet up and over parapets and curbing.
c. Use a weighted roller over entire section to ensure positive contact. 177
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d. Install underlayment in strict accordance with manufacturer's application procedures, precautions and limitations.
2.5 FABRICATION
A. Shop fabricate metal roofing and flashing components to the maximum extent possible, forming metal work with clear, sharp, straight, and uniform bends and rises. Hem exposed edges of flashings.
B. Form flashing components from full single width sheet in minimum ten (10) foot lengths. Provide shop fabricated, mitered corners, joined using closed end pop rivets and joint sealant.
C. Fabricate roofing and related sheet metal work in accordance with approved shop drawings and applicable standards.
PART 3 — EXECUTION
3.1 EXECUTION, GENERAL
A. Comply with requirements of Division 01 Section "Common Execution Requirements."
3.2 PREPARATION
A. Design system so that the panel installation may be started and/or terminated at any given point in the area.
B. Remove existing loose material, dirt and debris from the roof area. All accumulations of asphalt or other repair materials shall be removed to provide a smooth, flat substrate without imperfections that will be evident in the finished work.
1. Any metal described above that will come in contact with the new roof shall be checked for type and replaced or protected if galvanic action may be a problem.
C. Strip existing contaminating material from all metal components that are indicated to be re- utilized. Protect these metal components. Replace damaged components with new of similar type and dimension.
D. Replace wood blocks and/or sleepers indicated to be replaced with new pressure-treated wood, redwood, or other form of blocking acceptable to the Manufacturer.
1. Do not use pressure-treated wood containing salt-based preservatives or materials corrosive to steel. Provide Material Safety Data Sheets to the roofing manufacturer for verification prior to installation.
E. Remove pipes, conduits or equipment indicated to be abandoned and removed.
1. All curbs, soil stacks, and other interior flashing surfaces shall be extended to a minimum of 8" above the new horizontal roof surface or shall be pressure sealed at the top edge.
3.3 INSTALLATION, GENERAL
A. Install roof system when the atmospheric dry bulb temperature is minimum 40 degrees Fahrenheit and rising.
B. Install all components of the roof system in exact accordance with the manufacturer's standard published procedures as applicable to these project conditions and substrates.
C. Install all required vapor retarder, air seals and preliminary tapered, insulating substrates required per enclosed specifications.
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D. Lay out and anchor all roof framing sections or purlins according to the approved roof plan.
3.4 STANDING SEAM AND FLASHING INSTALLATION
A. Comply with all details and install roofing materials and flashings in accordance with approved shop drawings and manufacturer's product data, within specified erection tolerances.
B. Prepare roof for the installation of standing seam panels, including:
1. Install all decking, framing, and/or furring members as indicated in this specification and bid documents.
2. Install all insulation and/or air infiltration barriers as indicated in this specification and bid documents.
3. Install all underlayments and/or temporary water proofing materials as required in this specification and bid documents. For panel installation over board insulation, include the requirement for bearing plates.
C. Directly over the completed roof substrate, install one (1) piece panel anchor clips. All anchor clips will be set on sixteen (16) gauge galvanized pre-punched bearing plates to distribute the loads on the board insulation or all anchor clips will be fastened into the structural roof substrate based on the following spacing pattern:
1. Clip spacing must be 5 ft 0 inches O.C. for all zones
2. Clip spacing for vertical walls panels will be 2 feet O.C.for all zones D. Installation of Roof Panels: Roof panels can be installed by starting from either end and working towards the opposite end. Due to the symmetrical design of the specified panels system, it is also acceptable to start from the middle of the roof and work toward each end.
1. A stainless steel pop rivet shall be secured through the anchor reveal of the panel leg and extend into the arm of the panel clip located at the ridge of the system. Provide at each arm of the clip along the ridge. The panel is then anchored at both sides of the clip. a. Capture all drilling debris during this operation with a rag or cloth placed on the panels at the drilling operation.
b. Panels are not securely attached to the roof until fixed to the anchor clip. To avoid damage and injury, all panels shall be fixed to the anchor clip immediately as they are installed.
2. Un-installed panels which are temporarily stored on the ground or roof shall be secured in place at the end of each day's work to prevent possible damage or injury.
E. Isolate dissimilar metals and masonry or concrete from metals with bituminous coating. Use gasketed fasteners where required to prevent corrosive action between fastener, substrate, and panels.
F. Limit exposed fasteners to extent indicated on shop drawings.
G. Anchorage shall allow for temperature expansion/contraction movement without stress or elongation of panels, clips, or anchors. Attach clips to structural substrate using fasteners of size and spacing as determined by manufacturer's design analysis to resist specified uplift and thermal movement forces.
H. Seal laps and joints in accordance with roofing system manufacturer's product data. 179
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I. Coordinate flashing and sheet metal work to provide weather tight conditions at roof terminations.
Fabricate and install in accordance with standards of SMACNA Manual.
J. Provide for temperature expansion/contraction movement of panels at roof penetrations and roof mounted equipment in accordance with system manufacturer's product data and design calculations.
K. Installed system shall be true to line and plane and free of dents, and physical defects. In light gauge panels with wide flat surfaces, some oil canning may be present. Oil canning does not affect the finish or structural integrity of the panel and is therefore not cause for rejection.
L. Maximum variation from true planes or lines shall be one-fourth (1/4) inch in twenty (20) feet and three-eighths (3/8) inch in forty (40) feet of more.
M. Form joints in linear sheet metal to allow for one-fourth (1/4) inch minimum expansion at twenty (20) feet on center maximum and eight (8) feet from corners.
N. At joints in linear sheet metal items, set sheet metal items in two (2) one-fourth (1/4) inch beads of butyl sealant. Extend sealant over all metal surfaces. Mate components for positive seal. Allow no sealant to migrate onto exposed surfaces.
O. Remove damaged work and replace with new, undamaged components.
P. Touch up exposed fasteners using paint furnished by roofing panel manufacturer and matching exposed panel surface finish.
Q. Clean exposed surfaces of roofing and accessories after completion of installation. Leave in clean condition at date of substantial completion. Touch up minor abrasions and scratches in finish.
3.5 CLEANING
A. Clean installed work in accordance with the manufacturer's instructions.
B. Replace damaged work than cannot be restored by normal cleaning methods.
3.6 CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during roofing procedures. Comply with requirements of authorities having jurisdiction
3.7 FINAL INSPECTION
A. At completion of roofing installation and associated work, meet with Contractor, Architect, installer, installer of associated work, Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of roofing system.
B. Inspect roofing work and flashing of roof penetrations, walls, curbs and other equipment. List all items requiring correction or completion and furnish copy of list to each party in attendance.
C. Repair or replace deteriorated or defective work found at time above inspection as required to a produce an installation which is free of damage and deterioration at time of Substantial Completion and according to warranty requirements.
D. Notify the Owner and Architect upon completion of corrections.
E. Following the final inspection, provide written notice of acceptance of the installation from the roofing system manufacturer.
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F. Immediately correct roof leakage during construction. If the Contractor does not respond within twenty four (24) hours, the Owner will exercise rights to correct the Work under the terms of the Conditions of the Contract.
END OF SECTION 07 61 00
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SECTION 07 52 00 – MODIFIED BITUMINOUS ROOFING WITH KEE STONE FB 60 MIL MEMBRANE – COLD APPLIED
Part 1 - General
1.1 SECTION INCLUDES
A. Drawings and general provisions of the Contract, including the Conditions of the Contract and Division 1 Specification Sections apply to this Section.
B. Provide all labor, equipment, and material to reroof the Norma Hertzog Community Center located at 1845 Park Ave, Costa Mesa, Ca. 92627. All roof sections are included at this site.
1.2 SUMMARY
A. Scope of Work
1. All drains must be water tested by Contractor before roof replacement begins. If any drains are clogged, Owner to be notified immediately. Do not proceed until drains are in working order.
2. Remove existing roof system, insulation and crickets down to the underlying deck.
3. Replace insulation with new to match existing.
4. Replace any plastic or missing drain/overflow covers with new cast iron covers.
5. Install new crickets to match existing, enlarge where possible to aid in water flow to drains. Also install crickets behind all curbs over 2’ wide
6. Mechanically fasten ½ primed dens deck insulation assembly into deck and all vertical surfaces per ASCE 7 using a 11-17-21 pattern. For roof sections with insulation, mechanically fasten ½” DensDeck prime through insulation. DensDeck Prime must be installed everywhere roofing is to be installed.
7. Install FlexBase 80 over entire field of roof using Green Lock Plus Membrane Adhesive at
2.5 gallons per square. Flexbase 80 in all base flashings to be installed in 4 gallons per square of Green Lock Plus Flashing Adhesive
8. As the top sheet of the roof assembly, install in KEE Stone Foam Spatter Spray Adhesive onto modified membrane and then install 60 mil KEE Stone Fleece Back. Install foam adhesive in splatter pattern per ASCE 7. Prior to application, brush or blow clean entire surface of the modified membrane. For the field application broom in and apply weighted roller. On conditions where applied to wall flashings and curbs apply the foam directly to the non fleece back KEE membrane and roll in.
9. All parapet wall flashing and curbs to have non-fleece back KEE-Stone 60 set in KEE- Lock Flashing adhesive. Parapet walls over 3’ tall to have bottom layer of KEE-Stone 60 terminated with termination bar set in butyl tape with the next level of KEE-Stone 60 covering the termination bar. Top layer of KEE-Stone 60 to be terminated with termination bar set in butyl tape and then extended underneath coping.
10. Ensure all laps are kept clean to ensure proper heat welding of seams. Install KEE utility sheet in all inside and outside corners for reinforcement. Seal all termination bars with Tuff Stuff non-sag urethane sealant. Install jacks on all penetrations.
11. Furnish and install rubberized supports at a minimum 8 ft. O.C. and install new clamps/hardware. Blocking to be adhered to a single ply separation layer and then separation layer to float freely on roof.
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12. Raise all pipe penetrations to 8” above final finished roof height if height is less than this currently.
13. Replace all coping, galvanized coping cap, and trim with new 22 ga kynar metal. Outer edge to have a continuous cleat. Fasten on inside leg with rubber grommet screws every 18” O.C. See Item #1 in Appendix B1 for a photo of the galvanized coping cap and trim to be replaced. Material to be replaced not limited to items in the photo. a. Galvanized coping on walls around perimeter of Norma Hertzog Community Center to be replaced with new 22 ga kynar metal to match roofing. See Appendix B1, Item #2 for field photos of galvanized coping on walls. Material to be replaced not limited to items in the photo.
b. Metal caps on wood awning structure shall be replaced with new 22 ga kynar metal to match roofing. See Appendix B1, Item #3 for field photos of metal awning. Material to be replaced not limited to items in the photo. c. All flashings shown in Appendix B1, Item #4, below the drawn red line of the center skylight are to be replaced with new 22 ga kynar metal to match the roofing. Detail per Sheet Metal and Air Conditioning Contractors’ National Association, Inc. (SMACNA).
14. Contractor responsible for raising any pipes that need to be raised to 8” including but not limited to electrical, conduits, gas, etc. Customer will turn off gas when asked by Contractor.
15. Replace all vent caps with new to match existing.
16. Contractor to supply with 5-year material and labor warranty. Manufacturer to supply 30 Year Warranty.
1.3 REFERENCES
A. American Society of Civil Engineers (ASCE):
1. ASCE 7, Minimum Design Loads for Buildings and Other Structures.
B. American Society for Testing and Materials (ASTM):
1. ASTM D41 Standard Specification for Asphalt Primer Used in Roofing, Dampproofing and Waterproofing.
2. ASTM D2822 Standard Specification for Asphalt Roof Cement.
3. ASTM D5147 Standard Test Method for Sampling and Testing Modified Bituminous Sheet Materials.
4. ASTM D6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using a Combination of Polyester and Glass Fiber Reinforcements.
5. ASTM D6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Glass Fiber Reinforcements.
6. ASTM E108 Standard Test Methods for Fire Test of Roof Coverings.
C. Factory Mutual Research (FM):
1. Roof Assembly Classifications.
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D. National Roofing Contractors Association (NRCA):
1. Roofing and Waterproofing Manual.
E. Underwriters Laboratories, Inc. (UL):
1. Fire Hazard Classifications.
F. Warnock Hersey (WH):
1. Fire Hazard Classifications.
G. American National Standards Institute and Single Ply Roofing Institute (ANSI/SPRI)
1. ANSI/SPRI ES-1 Testing and Certification Listing of Shop Fabricated Edge Metal
1.4 SUBMITTALS FOR REVIEW PRIOR TO AWARD
A. Product Data: Provide manufacturer's technical product data for each type of roofing product specified. Include data substantiating that materials comply with specified requirements.
B. Specimen Warranty: Provide unexecuted specimen warranty documents for each warranty as required in specification section 1.12. Same manufacturer must warranty all roofing including standing seam, mod bit roofing, and metal wall panels. This must include all transitions.
C. Manufacturer's Installation Instructions: Submit installation instructions and recommendations indicating special precautions required for installing the membrane.
D. Manufacturer's Certificate: Certify that materials are manufactured in the United States and conform to requirements specified herein, are chemically and physically compatible with each other, and are suitable for inclusion within the total roof system specified herein.
E. Manufacturer's Certificate: Submit a certified copy of the roofing manufacturer's ISO 9001 compliance certificate.
F. Test Reports: Submit test reports, prepared by an independent testing agency, for all modified bituminous sheet roofing, indicating compliance with ASTM D5147.
G. Written certification from the roofing system manufacturer certifying the applicator is currently authorized for the installation of the specified roof system.
1.5 CONTRACT CLOSEOUT SUBMITTALS
A. General: Comply with Requirements of Division 01 Section - Closeout Submittals.
B. Special Project Warranty: Provide specified warranty for the Project, executed by the authorized agent of the Manufacturer.
1.6 QUALITY ASSURANCE
A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this Section with not less than 12 years documented experience and have ISO 9001 certification.
B. Installer Qualifications: Company specializing in modified bituminous roofing installation with not less than 5 years experience and authorized by roofing system manufacturer as qualified to install manufacturer's roofing materials.
C. Installer's Field Supervision: Maintain a full-time Supervisor/Foreman on job site during all phases of roofing work while roofing work is in progress. Maintain proper supervision of workmen. 184
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D. Maintain a copy of the Contract Documents in the possession of the Supervisor/Foreman and on the roof at all times.
E. Source Limitations: Obtain all components of roof system from a single manufacturer. Secondary products that are required shall be recommended and approved in writing by the roofing system Manufacturer.
1. Upon request of the Owner, submit Manufacturer's written approval of secondary components in list form, signed by an authorized agent of the Manufacturer.
F. Source Quality Control: Manufacturer shall have in place a documented, standardized quality control program such as ISO-9001.
1.7 PRE-INSTALLATION CONFERENCE
A. Pre-Installation Roofing Conference: Convene a pre-roofing conference approximately two (2) weeks before scheduled commencement of modified bituminous roofing system installation and associated work.
B. Require attendance of installer of each component of associated work, installers of deck or substrate construction to receive roofing work, installers of rooftop units and other work in and around roofing that must precede or follow roofing work (including mechanical work if any), Architect, Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of the Work, including (where applicable) Owner's insurers, testing agencies and governing authorities. Objectives of conference include:
1. Review foreseeable methods and procedures related to roofing work, including set up and mobilization areas for stored material and work area.
2. Tour representative areas of roofing substrates (decks), inspect and discuss condition of substrate, roof drains, curbs, penetrations and other preparatory work performed by others.
3. Review structural loading limitations of deck and inspect deck for loss of flatness and for required attachment.
4. Review roofing system requirements (drawings, specifications and other contract documents).
5. Review required submittals both completed and yet to be completed.
6. Review and finalize construction schedule related to roofing work and verify availability of materials, installer's personnel, equipment and facilities needed to make progress and avoid delays.
7. Review required inspection, testing, certifying and material usage accounting procedures.
8. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including possibility of temporary roofing (if not mandatory requirement).
9. Record discussion of conference including decisions and agreements (or disagreements) reached and furnish copy of record to each party attending. If substantial disagreements exist at conclusion of conference, determine how disagreements will be resolved and set date for reconvening conference.
10. Review notification procedures for weather or non-working days.
C. The Owner's Representative will designate one of the conference participants to record the proceedings and promptly distribute them to the participants for record. 185
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D. The intent of the conference is to resolve issues affecting the installation and performance of roofing work. Do not proceed with roofing work until such issues are resolved to the satisfaction of the Owner. This shall not be construed as interference with the progress of Work on the part of the Owner.
1.8 DELIVERY, STORAGE AND HANDLING
A. Contractor responsible to coordinate delivery of owner supplied products to site with seals and labels intact, in manufacturer's original containers, dry and undamaged. Contractor to inspect materials and verify condition and quantities, off load materials and load all materials to roof. No owner supplied products applicable for this project.
B. Deliver products to site with seals and labels intact, in manufacturer's original containers, dry and undamaged.
C. Store and handle roofing sheets in a dry, well-ventilated, weather-tight place to prevent moisture exposure. Store rolls of felt and other sheet materials on pallets or other raised surface. Stand all roll materials on end. Cover roll goods with a canvas tarpaulin or other breathable material (not polyethylene).
D. Do not leave unused materials on the roof overnight or when roofing work is not in progress unless protected from weather and other moisture sources.
E. Secure all material and equipment on the job site. If any material or equipment is stored on the roof, assure that the integrity of the deck is not compromised at any time. Damage to the deck caused by the Contractor's actions will be the sole responsibility of the Contractor, and the deck will be repaired or replaced at his expense.
1.9 MANUFACTURER'S INSPECTIONS
A. When the Project is in progress, the roofing system manufacturer will provide the following:
1. Report progress and quality of the work as observed.
2. Provide job site inspections three days per week, one hour per day. Provide photo reports after each site visit directly to the City.
3. Report to the Owner in writing any failure or refusal of the Contractor to correct unacceptable practices called to the Contractor's attention.
4. Confirm after completion that manufacturer has observed no application procedures in conflict with the specifications other than those that may have been previously reported and corrected.
1.10 PROJECT CONDITIONS
A. Proceed with roofing work only when existing and forecasted weather conditions will permit a unit of work to be installed in accordance with manufacturer's recommendations and warranty requirements.
B. Do not apply roofing insulation or membrane to damp deck surface.
C. Do not expose materials subject to water or solar damage in quantities greater than can be weatherproofed during same day.
D. All slopes greater than 2:12 require back-nailing to prevent slippage of the ply sheets. Use ring or spiral-shank one (1) inch cap nails, or screws and plates at a rate of one (1) fastener per ply (including the membrane) at each insulation stop. Place insulation stops at 16 ft o.c. for slopes less than 3:12 and four (4) ft o.c. for slopes greater than 3:12. On non-insulated systems, nail 186
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each ply directly into the deck at the rate specified above. When slope exceeds 2:12, install all plies parallel to the slope (strapping) to facilitate backnailing. Install four (4) additional fasteners at the upper edge of the membrane when strapping the plies.
1.11 SEQUENCING AND SCHEDULING
A. Sequence installation of roofing with related units of work specified in other Sections to ensure that roof assemblies, including roof accessories, flashing, trim and joint sealers, are protected against damage from effects of weather, corrosion and adjacent construction activity.
1.12 WARRANTY
A. Upon completion of installation, and acceptance by the Owner, the Manufacturer will supply to the Owner a 30 year NDL leak warranty.
B. Contractor to supply a 2 year bonded warranty and an additional 3 year non-bonded warranty to the membrane manufacturer with a copy directly to Owner.
PART 2 — PRODUCTS
2.1 PRODUCTS, GENERAL
A. Basis of Design: Materials, manufacturer's product designations, and/or manufacturer's names specified herein shall be regarded as the minimum standard of quality required for work of this Section. Comply with all manufacturer and contractor/fabricator quality and performance criteria specified in Part 1.
B. Substitutions: Products proposed as equal to the products specified in this Section shall be submitted in accordance with Bidding Requirements, Submittal Requirements in 1.4, and Division 01 provisions.
1. Proposals for substitutions shall be accompanied by a copy of the manufacturer's standard specification section. That specification section shall be signed and sealed by a professional engineer licensed in the state in which the installation is to take place.
Substitution requests containing specifications without licensed engineer certification shall be rejected for non-conformance.
2. Include a list of three (3) projects of similar type and extent, located within a one hundred mile radius from the location of the project. In addition, the three projects must be at least five (5) years old and be available for inspection by the Owner or Owner's Representative.
3. A spreadsheet with comparisons of tensile strength, tear strength, and elongation to specified products versus substituted product must be included.
4. Equivalency of performance criteria, warranty terms, submittal procedures, and contractual terms will constitute the basis of acceptance.
5. The Owner's decision regarding substitutions will be considered final. Unauthorized substitutions will be rejected.
6. All substitution requests must be submitted 10 days prior to bid date. This allows for all bidders the chance to bid the same substituted product and offers all bidders a fair bidding field. All substitutions submitted after this period will be rejected.
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2.2 ACCEPTABLE MANUFACTURERS
A. The design is based upon roofing systems engineered and manufactured by The Garland Company or preapproved equal:
The Garland Company
3800 East 91st Street
Cleveland, Ohio 44105
Steve Lampman
Telephone: (949) 322-1770
[email protected]
2.3 DESCRIPTION
A. Modified bituminous roofing work including but not limited to:
1. One (1) ply of Garland Flexbase 80 base sheet bonded to the prepared substrate with Green Lock Membrane adhesive over entire field of the roof or approved equal.
2. Green Lock Membrane adhesive: ASTM D93 having the following characteristics:
a. Non-Volatile ASTM D4586 100%
b. Flash Point 400°F
c. Density @ 77°F ASTM D1475
d. VOC 0 g/L
3. Base Flashing Ply: One (1) additional layer ply of Flexbase 80E environmental SBS base flashing ply in angles set in Green Lock Flashing Adhesive (4 gallons per square) and covered by a layer of Kee Stone.
4. Surfacing: KEE Stone FB 60 Membrane set in Kee Lock Spatter Spray in field
5. Base and Wall Flashing Top Ply: Kee Stone NF 60 set in Kee Lock WB Flashing Adhesive. *Must set up for an hour before adhering to the wall
2.4 ADHESIVE MATERIALS
A. Kee Stone FB 60 membrane adhesive: KEE Lock Spatter Spray B. Kee Stone NF 60 membrane adhesive: Kee Lock WB Flashing Adhesive C. Roofing Mastic: Green Lock Flashing adhesive V.O.C. free.
C. Interply Adhesive for Modified Sheet: Green Lock Membrane Adhesive, ASTM D1475.
2.5 SHEET MATERIALS
A. Base Ply Flexbase80 Environmental: Fiberglass scrim with the following minimum performance requirements according to ASTM D5147. Properties (Finished Membrane):
1. Tensile Strength (ASTM D2523)
a. 2 in/min. @ 73.4 ± 3.6°F MD 550 lbf/in CMD 550 lbf/in
2. Tear Strength (ASTM D4073)
a. 2 in/min. @ 73.4 ± 3.6°F MD 1000 lbf CMD 1000 lbf
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3. Elongation at Maximum Tensile (ASTM D2523)
a. 2 in/min. @ 73.4 ± 3.6°F MD 9 % CMD 9 %
B. Finish Membrane Ply: KEE Stone FB 60:
1. Breaking Strength (ASTM D751)
a. 375 lbf (1668N)
2. Tearing Strength (ASTM D751)
a. 120 lbf. Min. (534N)
b. Puncture: 161 lbs
c. Factory Seam Strength: 620 lbf. Min.
3. Eco-Facts
a. Reflective: .87
b. Emittance: 88
c. SRI: 110
2.6 RELATED MATERIALS
A. Roof Insulation: Match existing type and thickness. 1/2” DensDeck Prime must be used on top of all flat and vertical surfaces.
B. Roof Insulation 3” galvanized plates and screws as recommended and approved by materials manufacturer.
C. Nails and Fasteners: Non-ferrous metal or galvanized steel, except that hard copper nails shall be used with copper; aluminum or stainless steel nails shall be used with aluminum; and stainless steel nails shall be used with stainless steel. Fasteners shall be self-clinching type of penetrating type as recommended by the manufacturer of the deck material. Nails and fasteners shall be flush-driven through flat metal discs of not less than one (1) inch diameter. Omit metal discs when one-piece composite nails or fasteners with heads not less than one (1) inch diameter are used.
D. Metal Discs: Flat discs or caps of zinc-coated sheet metal not lighter than twenty eight (28) gauge and not less than one (1) inch in diameter. Form discs to prevent dishing. Bell or cup shaped caps are not acceptable.
E. Sealant: Green Lock zero VOC Single component, 100% solids structural adhesive as furnished and recommended by the membrane manufacturer.
1. Elongation (ASTM D412) 300%
2. Hardness, Shore A (ASTM C920) 50
3. Shear Strength (ASTM D1002) 300 psi
F. Butyl Tape: 100% solids, asbestos free and compressive tape designed to seal as recommended and furnished by the membrane manufacturer.
G. Glass Fiber Cant: Continuous triangular cross Section made of inorganic fibrous glass used as a cant strip as recommended and furnished by the membrane manufacturer.
H. Metal Sheet Flats: Garland 22 gauge Kynar flat stock or approved equal. 189
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PART 3 — EXECUTION
3.1 EXECUTION, GENERAL
A. Comply with requirements of Division 01 Section "Common Execution Requirements."
3.2 EXAMINATION
A. Verify that deck surfaces and project conditions are ready to receive work of this Section.
B. Verify that deck is supported and secured to structural members.
C. Verify that deck is clean and smooth, free of depressions, projections or ripples, and is properly sloped to eaves.
D. Verify that adjacent roof substrate components do not vary more than ¼ inch in height.
E. Verify that deck surfaces are dry.
F. Confirm that moisture content does not exceed twelve (12) percent by moisture meter tests. On concrete deck pour hot asphalt on to deck if it bubbles / foams and once cooled does not adhere to the substrate, the moisture levels are too high.
3.3 GENERAL INSTALLATION REQUIREMENTS
A. Cooperate with manufacturer, inspection and test agencies engaged or required to perform services in connection with installing the roof system.
B. Protect other work from spillage of roofing materials and prevent materials from entering or clogging drains and conductors. Replace or restore other work damaged by installation of the coal tar modified bituminous roofing system.
C. Coordinate installation of roofing system components so that insulation and roofing plies are not exposed to precipitation or left exposed overnight. Provide cut-offs at end of each day's work to cover exposed ply sheets and insulation with two (2) plies of #15 organic roofing felt set in full moppings of bitumen and with joints and edges sealed with roofing cement. Remove cut-offs immediately before resuming work.
D. Green Lock Membrane Adhesive Coverage Rate/hot asphalt mopping rate:
1. Interply Membrane: Apply Green Lock membrane adhesive at the rate of approximately
2.5 gallons per square.
E. Substrate Joint Penetrations: Prevent bitumen from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction.
F. Apply roofing materials as specified by manufacturer's instructions.
1. Keep roofing materials dry before and during application.
2. Complete application of roofing plies, modified sheet and flashing in a continuous operation.
3. Begin and apply only as much roofing in one day as can be completed that same day.
G. Cut-Offs (Waterstops): At end of each day's roofing installation, protect exposed edge of incomplete work, including ply sheets and insulation. Provide temporary covering of two (2) plies of #15 organic roofing felt set in full moppings of bitumen with joints and edges sealed. 190
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H. Broadcast minerals into the bleed out of bitumen while bitumen is at its recommended EVT temperature to achieve uniform color throughout.
3.4 BASE PLY INSTALLATION
A. Fiberglass Plies: Install (1) one Flexbase 80E Fiberglass base sheet in Green Lock Membrane adhesive shingled uniformly to achieve one ply over the entire prepared substrate directly to the DensDeck Prime. Shingle in direction of slope of roof to shed water on each area of roof. Do not step on base rolls, fish mouths should be cut and patched.
B. Lap ply sheet ends eight (8) inches. Stagger end laps twelve (12) inches minimum C. Extend plies two (2) inches beyond top edges of cants at wall and roof projections and equipment bases.
D. Install base flashing ply to all perimeter and projection details after membrane application.
3.5 KEE STONE FB 60 MEMBRANE APPLICATION
A. Apply KEE Stone FB 60 Flashing with cold-applied KEE Lock Spatter Spray adhesive at 20 squares per box kit
B. Once the membrane is in place, roll the membrane with a single ply roller or a dry paint roller to ensure contact with the adhesive and remove any air pockets from behind the membrane.
C. If the height of the continuous membrane exceeds 36” horizontal reinforcement must be added using screws and plates or a termination bar.
D. Once the KEE Stone FB 60 Flashing is installed, heat weld the KEE Stone Utility Roll over the seam of the membrane. Last, use KEE Lock Mastic to seal the leading edge of KEE Stone RB 60 Flashing where it ties into the field of the modified roof.
3.6 FLASHING MEMBRANE INSTALLATION
A. Seal all curb, wall and parapet flashings with an application of KEE Lock Flashing Adhesive and mesh on a daily basis. Do not permit conditions to exist that will allow moisture to enter behind, around or under the roof or flashing membrane.
B. Prepare all walls, penetrations, expansion joints to be flashed with required primer at the rate of one hundred (100) square feet per gallon. Allow primer to dry tack free.
C. Use the KEE Lock NF 60 membrane as the flashing membrane for all vertical surfaces. Adhere to the underlying base flashing ply with Kee Stone WB Flashing Adhesive. Install adhesive and then let it sit exposed for one hour before adhering sheet to the wall to allow for proper set up.
D. Solidly adhere the entire sheet of flashing membrane to the substrate. Secure top of membrane with termination bar fastened every 6” O.C.. Any walls over 4’ tall need to have sheet installed in an upper and lower section with a termination bar in the center running horizontally.
E. Coordinate counter flashing, cap flashings, expansion joints, and similar work with modified bitumen roofing work as specified in other Sections.
F. Coordinate roof accessories, miscellaneous sheet metal accessory items, including piping vents and other devices with the roofing system work as specified in other Sections.
3.7 FIELD QUALITY CONTROL
A. Perform field inspection and testing as required [under provisions of Division 01 Section Quality Requirements.
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B. Correct defects or irregularities discovered during field inspection.
C. Require attendance of roofing and insulation materials manufacturers' representatives at site during installation of the roofing system. A copy of the specification should also be on site at all times.
3.8 CLEANING
A. Remove adhesive drippings from all walls, windows, floors, ladders and finished surfaces.
B. In areas where finished surfaces are soiled by asphalt or any other sources of soiling caused by work of this Section, consult manufacturer of surfaces for cleaning instructions and conform to their instructions.
C. Repair or replace defaced or disfigured finishes caused by work of this Section.
3.9 CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during roofing procedures. Comply with requirements of authorities having jurisdiction.
3.10 FINAL INSPECTION
A. At completion of roofing installation and associated work, meet with Contractor, Architect, installer, installer of associated work, Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of roofing system.
B. Walk roof surface areas of the building, inspect perimeter building edges as well as flashing of roof penetrations, walls, curbs and other equipment. List all items requiring correction or completion and furnish copy of list to each party in attendance.
C. The roofing system manufacturer reserves the right to request a thermographic scan of the roof during final inspection to determine if any damp or wet materials have been installed. The thermographic scan shall be provided by the [Roofing] Contractor.
D. If core cuts verify the presence of damp or wet materials, the [Roofing] Contractor shall be required to replace the damaged areas at his own expense.
E. Repair or replace deteriorated or defective work found at time above inspection as required to a produce an installation which is free of damage and deterioration at time of Substantial Completion and according to warranty requirements.
F. Notify the Owner upon completion of corrections.
G. Following the final inspection, provide written notice of acceptance of the installation from the roofing system manufacturer.
H. Immediately correct roof leakage during construction. If the Contractor does not respond within twenty four (24) hours, the Owner will exercise rights to correct the Work under the terms of the Conditions of the Contract.
END OF SECTION 07 52 00
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SS-1 MODIFICATION OF STANDARD SPECIFICATIONS
SECTION F
MODIFICATIONS TO STANDARD SPECIFICATIONS
PART 2
CONSTRUCTION MATERIALS
(No Addtions or Modifications)
PART 3
CONSTRUCTION METHODS
(No Addtions or Modifications)
PART 4
EXISTING IMPROVMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL
[Add the following:].
400-1.1 DRAINAGE CONTROL : RESPONSIBILITES
The CONTRACTOR shall be responsible for any damage to any portion of the work occasioned by failure to provide proper drainage control prior to the completion and acceptance of the work.
400-1.2 DRAINAGE CONTROL : EXCAVATION DEWATERING REQUIREMENTS
Unless otherwise directed in these specifications, the CONTRACTOR shall provide and maintain ample means and devices with which to promptly remove and properly dispose of water entering the excavations or other parts of the work at all times during construction.
Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The methods may include sump pumps, deep wells, well points, suitable rock or gravel placed below the required bedding for draining and pumping purposes, temporary pipelines, and other means. 193
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Standby pumping equipment shall be on the job site. A minimum of one standby unit shall be available for immediate installation should any well unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Drawings or details indicating the proposed dewatering system shall be submitted to the CITY for review.
The CONTRACTOR shall dispose of the water from the work in a suitable manner without damage to adjacent property.
Conveyance of the water shall be such as to not interfere with traffic flow or treatment facilities operations. No water shall be drained into work built or under construction without prior consent of the ENGINEER.
Water drained from any facilities shall comply with local agency and health department requirements including declorinating any water prior to discharge.
Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the CONTRACTOR and submitted to the appropriate agency for approval at no additional cost to the CITY.
400-1.3 CLEAN-UP AND DUST CONTROL
All surplus materials and waste debris shall be removed from the site of the work within five (5) days after completion of the work causing the surplus materials.
Contractor shall utililized misting or water spray as means of dust control during construction.
Failure of the CONTRACTOR to comply with the ENGINEER'S clean-up dust control orders may result in an order to suspend work until the condition is corrected and, after giving notice to the CONTRACTOR, the ENGINEER may order the condition corrected by others. All costs thus incurred shall be deducted from the amount to be paid to CONTRACTOR. No additional compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed nor material used to control dust resulting from CONTRACTOR's performance of the work or from public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered to be included in the prices paid for the various items of work involved.
SECTION 402 – UTILITIES
402-1 LOCATION
402-1.1 General
[Add the following:].
Locations of utilities shown on plans are approximate only and are based on a search of available records.
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Attention is directed to the possibility of utility mains or laterals within the project limits. The CONTRACTOR shall have the locations of the various utility facilities within reconstruction areas marked on the surface prior to construction and protect them during the removal and reconstruction procedures. The CONTRACTOR shall contact the City Transportation Services Department to locate traffic signal conduit within the reconstruction areas.
Prior to commencing any other work, CONTRACTOR shall carefully excavate and determine precise locations and depths of all utilities, including service connections, shown on the plans and marked in the field, which may affect or be affected by CONTRACTOR's operations. This work shall be done in accordance with Section 402-1.1 of the Standard Specifications.
CONTRACTOR shall not be compensated for any delays or extra work brought about by his failure to perform the above-mentioned work. CONTRACTOR shall be responsible for any damage to existing utilities shown on the plans pursuant to its location operations as required under this subsection of the Standard Specifications.
Upon completion of the Project, the CONTRACTOR shall be required to remove, to the satisfaction of the ENGINEER, all utility locator markings and utility tie-out paint markings that either the CONTRACTOR, the CITY or utility companies make during the course of the work from the surfaces of sidewalks, driveway approaches, curb and gutters, using the removal method acceptable to the ENGINEER. Any damage to the existing improvements due to CONTRACTOR’S removal operation, shall be included in the various applicable items of work, and no additional compensation will be allowed therefor.
The CONTRACTOR shall notify owners of the utility companies at least two (2) working days in advance of any work (See Subsection 402-4 of these Special Provisions for utility contact information).
402-1.2 Payment
[Replace with the following:].
Payment for utility location by the CONTRACTOR shall be included in the bid prices for the various items of work requiring utility location and no further compensation will be allowed.
402-2 PROTECTION
[Add the following:].
The CONTRACTOR shall be responsible for protecting and supporting all existing utilities and maintaining the location of and access to all gate valves during construction. When damage to existing utilities is caused by the CONTRACTOR's operations, the CONTRACTOR shall, at his expense, repair or replace damaged facilities promptly, in accordance with all applicable sections of the Standard Specifications and the standards of each affected utility. Should the CONTRACTOR fail to perform the required repairs or replacements, the cost of performing such repairs or replacement by others shall be deducted from any monies due or to become due the CONTRACTOR.
402-2.1 Payment
Payment for utility protection by the CONTRACTOR shall be included in the bid prices for the various items of work requiring utility protection and no further compensation will be allowed.
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402-4 RELOCATION
[Add the following:].
Any miscellaneous utilities to be relocated by the CONTRACTOR, as indicated on the Plans, shall be relocated in a workmanlike manner, and all such work shall be done only at such times which are acceptable to the utility owner. The CONTRACTOR shall schedule its relocation work in cooperation with the utility owner and shall be responsible for any costs resulting from the CONTRACTOR's failure to do the work at times which are acceptable to the owner. The CONTRACTOR shall notify owners of the following companies at least two (2) working days in advance of any work:
AT&T (right-of-way)
Valentina Gipson
3939 E Coronado St, Rm 2030
Anaheim, CA 92807
(o) 714-618-9132
Email: [email protected]
Cost Mesa Sanitary District
Javier Ochiqui, Management Analyst
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400
Email: [email protected]
AT&T
Rhonda Clary-Byers (engineer for Costa Mesa)
or Doug DiPaolo
3939 E. Coronado St.
Anaheim, CA 92807
(o) 714-618-9116
(o) 714-618-9125
Email: [email protected]
Email: [email protected]
Cost Mesa Sanitary District
Marc Esquer, District Engineer
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400
Email: [email protected]
Mesa Water District
Phil Lauri, Assistant General Manager
1965 Placentia Ave. (inter-office mail okay)
Costa Mesa, CA 92627
(o) 949-207-5449
(c) 949-631-1200 (24-hour)
Email: [email protected]
Mesa Water District
Mark Pelka, Engineer
1965 Placentia Ave. (inter-office mail okay)
Costa Mesa, CA 92627
(o) 949-207-5449
(c) 949-631-1200 (24-hour)
Email: [email protected]
Mpower Communications, Inc.
Mark Denning
2698 White Road
Irvine, CA 92614
(o) 949-864-0296
(c) 949-547-6455
Email: [email protected]
Costa Mesa Sanitation District
Nabila Guzmán, Construction Notices
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400, ext. 230
Email: [email protected]
Orange County Sanitation District (OCSD)
Rudy Davila
P.O. Box 8127
Fountain Valley, CA 92728
(o) 714-593-7348
(c) 714-593-3301 (24-hour)
Email: [email protected]
Orange County Water District (OCWD)
Chris Olsen
P.O. Box 8300
Fountain Valley, CA 92728
(o) 714-378-3200
(c) 714-378-3240 (24-hour)
Email: [email protected]
Email: [email protected]
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Irvine Regional Water District
Brad Jackson (Area Construction Inspector)
15600 Sand Canyon Ave.
Irvine, CA 92618
(o) 949-632-0627
(p) 949-729-7300 (24-hour)
Email: [email protected]
CA Regional Water Quality – Santa Ana Region
Mark Smythe
3737 Main St., Suite 500
Riverside, CA 92501
(o) 951-782-4130
(c) 951-543-8523
Email: [email protected]
Irvine Ranch Water Dist. – Development Services*
Christian Kessler, P.E.
15600 Sand Canyon Ave.
Irvine, CA 92618
(o) 949-453-5300
(p) 949-453-5441
Email: [email protected]
*utility requests
Irvine Regional Water District
Kelly Lew
15600 Sand Canyon Ave.
Irvine, CA 92618
(o) 949-453-5586
(p) 949-729-7300 (24-hour)
Email: [email protected]
Metropolitan Water District of So. California
Civil Engineering Substructures Section
Shoreh Zareh
P.O. Box 54153
Los Angeles, CA 90054
(o) 213-217-7474
(c) 626-844-5610 (24-hour)
Email: [email protected]
Metropolitan Water District of So. California
Civil Engineering Substructures Section
Kieran Callanan
P.O. Box 54153
Los Angeles, CA 90054
(o) 213-217-7474
(c) 626-844-5610 (24-hour)
Email: [email protected]
SCE (Senior Compliance)
Susan Morgan
(o) 909-835-7527
(c) 909-835-7527
SCE (Service Planner – Orange Coast S/C)
Mónica Balderas
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-329-2778
Email: [email protected]
Email: [email protected]
*No pre-construction meeting notices BUT Susan
Morgan and Mónica Balderas would like to attend
all UTILITY MEETINGS and be made aware of
any fee schedule changes.
SCE (Base Maps)
Kimberly Gurule
1444 E. McFadden Ave., Bldg. “D”
Santa Ana, CA 92705
(o) 714-796-9932
Email: [email protected]*
*No pre-construction meeting notices to this
address – map requests ONLY.
SCE (Service Planner 1 – Orange Coast S/C)
Nick Mukanos
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-895-0210
Email: [email protected]
SCE (Utility Notice Requests)
Kasy Chapman
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-895-0109
(c) 800-611-1911 (24-hour)
Email: [email protected]
SCE (Service Planner 2– Orange Coast S/C)
Damon Humphrey
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-895-0534
Email: [email protected]
Southern California Gas Co. (Transmission)
P.O. Box 2300
Chatsworth, CA 91313-2300
(o) 818-701-4546
Email: SoCalGasTransmissionUtilityRequest@
semprautilities.com
*Reminder*
After facilities are identified on the plans, send the
plans to Gail Gardner, and she will forward to
SCE’s planning department.
Send to: [email protected]
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Southern California Gas Co.
Alfredo Gutierrez, franchise planner
(o) 213-231-7515
Email: [email protected]
Southern California Gas Co.
Wilson Baldelomar
P.O. Box 3334, SC8321
Anaheim, CA 92803
(o) 714-634-5091
(p) 800-603-7060 (24-hour)
Email: [email protected]
XO Communications
Matt Bergine
Engineer IV
Specialist-Network Engineering & Operations
(o) 949-417-7841
(c) 714-822-6207
Email: [email protected]
XO Communications
Switchboard
(o) 703-547-2000
Charter Communications
Don Simons
Construction Manager, Zone 8
7142 Chapman Ave.
Garden Grove, CA 92841
(o) 714-591-4871
Email: [email protected]
Charter Communications
Utility Research Requests
E-mail:
Verizon Business Investigations
2400 N. Glenville Dr.
Richardson, TX 75082
(o) 972-729-6016
(o) 469-886-4238
Email: [email protected]
*2nd Email: [email protected]
Contact Verizon Business for issues involving:
--- Brooks Fiber Properties, Inc.
--- MCImetro Access Transmission Srvcs.
--- MCI Telecommunications Srvcs
--- MFS Telecom, Inc.
--- SourtherNet, Inc. / WorldComNetwork Srvc.
--- Intermedia Communications, Inc.
--- XO Communications
Newport-Mesa Unified School District
Víctor Garza
(o) 714-424-5080
Email: [email protected]
Newport-Mesa Unified School District
Tim Marsh, Administrative Director, Facilities
Support Srvcs.
(o) 714-4247527
Email: [email protected]
Newport-Mesa Unified School District
Mary Gray
Email: [email protected]
DIGALERT.ORG
(24-HR) 811
2 days before digging.
Kinder Morgan
Jordan Neuner
(o) 310-628-4350
Email: jordan [email protected]
Karly Payne, Administrative Assistant
(o) 714-560-4604
Email: karly [email protected]
Where existing utility main lines and conduits (excluding sewer main lines) and all utility service lines (excluding sewer laterals) are to be relocated or declared abandoned by the affected utility companies, the CONTRACTOR shall be responsible for contacting the respective utility representatives for coordinating the relocations and for determining the abandonments. The CONTRACTOR shall proceed with excavation in such a manner that will allow utility companies adequate and reasonable time to relocate service lines. The CONTRACTOR shall not be compensated for any delays caused by failure to coordinate the above work with utility companies.
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Project and Specification No. 25-05
SS-7 MODIFICATION OF STANDARD SPECIFICATIONS
PART 5
PIPELINE SYSTEM REHABILITATION
(No Addtions or Modifications)
PART 6
TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS
600-1 GENERAL
[Add the following:].
600-1.1 NOTIFICATION AND ACCESS
Prior to restricting normal access from public street to adjacent properties, the CONTRACTOR shall notify each property owner or owner's agent, informing them of the nature of the access restriction and the approximate duration of the restriction. The CONTRACTOR shall make every effort possible to minimize such restrictions.
Deliveries shall be conducted with appropriate flagmen and traffic controls.
Trenches left open overnight shall be bridged in a safe and acceptable manner at all driveways and walkways to provide safe access.
A minimum of one four (4) foot wide pedestrian walkway shall be maintainned and safely delineated along each public street and through areas accessibale to the general public at all times during construction.
PART 7
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
(No Addtions or Modifications)
PART 8
LANDSCAPING AND IRRIGATION
(No Addtions or Modifications)
199
Project and Specification No. 25-05
MISC. CONTRACT DOCUMENTS
SECTION G
APPENDIX “A”
NORMA HERTZOG COMMUNITY CENTER ROOF REPLACEMENT
SHOP DRAWINGS
200
201
202
203
204
205
206
207
Project and Specification No. 25-05
MISC. CONTRACT DOCUMENTS
SECTION G
APPENDIX “B”
FIELD PHOTOS
208
A. Item 1
1. Replace galvanized coping cap and trim throughout project with new 22 ga kynar metal to match roofing. Typical. As shown in photo but not limited to items in photo. All coping cap to be replaced with new.
209
B. Item #2
1. Galvanized coping on walls to also be replaced with new 22 ga kynar metal to match roofing. Typical. As shown in photo but not limited to items in photo.
210
C. Item #3
1. Replace metal caps on wood awning structure with new 22 ga kynar metal to match roofing. As shown in photo but not limited to photo. Typical.
211
212
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-427 Meeting Date: 9/16/2025
TITLE:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 (PLANNING ZONING AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE (PLANNING ZONING AND DEVELOPMENT) TO PROVIDE TECHNICAL UPDATES AND CLARIFICATIONS (CODE AMENDMENT PCTY-25-0001) AND A RESOLUTION
TO UPDATE THE PROCEDURE FOR DETERMINING SHARED PARKING REQUIREMENTS AND
FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: CAITLYN CURLEY AND FROYLAN GARCIA, ASSISTANT PLANNERS AND
DANIEL INLOES, AICP, ECONOMIC DEVELOPMENT ADMINISTRATOR CONTACT INFORMATION: CAITLYN CURLEY, 714-754-5692,
[email protected]
RECOMMENDATION:
Planning Commission recommends the City Council:
1. Find that the project is Exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“Common Sense Exemption”); and
2. Introduce for first reading, by title only, Ordinance No. 2025-XX approving Code Amendment PCTY-25-0001, amending Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to modify the City’s Zoning Code to provide technical updates and clarifications.
3. Adopt Resolution No. 2025-XX amending the City of Costa Mesa Procedure for Determining Shared Parking Requirements table to reflect current parking trends.