Costa Mesa City Council
December 2, 2025

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, December 2, 2025
*Note: All agency memberships are reflected in the title "Council Member" Announcement:

Council Member Marr will be attending the meeting remotely via Zoom Webinar from:

Hyatt House Arlington/Courthouse, 2401 Wilson Blvd. Arlington, VA 22201 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 December 2, 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:

Please click the link below to join the webinar:
https://us06web.zoom.us/j/89982812676?pwd=oX6BGzSScr92QUVyg1m0SN8HSTnoqj.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 899 8281 2676/ Password: 772583
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

2 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025
Participate via telephone:

Call: 1 669 900 6833 Enter Webinar ID: 899 8281 2676/ Password: 772583 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

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

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

Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting. The written 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.

Any supplemental documents related to agenda items that are prepared or provided by staff and distributed to a majority of the City Council after the agenda packet has been released will be made available for public inspection (GC §54957.5). These documents will be posted on the City’s website and will also be available at the City Clerk’s Office, 77 Fair Drive, Costa Mesa, CA 92626.

3 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025
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
AUTHORITY*
Agenda December 2, 2025

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY DECEMBER 2, 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: None.

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.

5 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 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
25-597
RECOMMENDATION:

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

2. READING FOLDER 25-598
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Jonathan Barillas, Jeffrey Brian Magy, Kyle Samuelson.

6 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025

3. ADOPTION OF WARRANT RESOLUTION 25-569
RECOMMENDATION:

City Council approve Warrant Resolution No. 2745.

1. Summary Check Registration 11-13-2025Attachments:

4. REVIEW AND APPROVE RECOMMENDED CITY COUNCIL MEETING
CALENDAR FOR 2026
25-554
RECOMMENDATION:

Review and approve the proposed City Council Meeting Calendar for 2026.

5. AUTHORIZE THE USE OF SOURCEWELL ’S NATIONAL

COOPERATIVE AGREEMENT WITH NATIONAL AUTO FLEET FOR
THE PURCHASE OF EIGHT ( 8) ALLMAND PORTABLE LIGHT
TOWERS
25-570
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the use of Sourcewell ’s Cooperative Agreement No. 091521-NAF with National Auto Fleet Group for the purchase of eight ( 8) Allmand GR Series portable light towers.

2. Authorize the City Manager to execute the necessary documents for the purchase in the amount of $109,897 through National Auto Fleet Group located at 490 Auto Center Drive, Watsonville, CA 95076.

1. Sourcewell QuoteAttachments:

7 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025

6. AUTHORIZE THE USE OF A COOPERATIVE AGREEMENT WITH
LONG BEACH BMW FOR THE PURCHASE OF FOUR NEW 2026
BMW R1300 RT-P POLICE MOTORCYCLES
25-571
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the purchase of four ( 4) new 2026 BMW R 1300 RT-P police motorcycles based on pricing through a Goods Purchase Agreement between The City of San Bernardino and Long Beach BMW entered on June 25, 2025.

2. Authorize the City Manager to execute the necessary documents for the purchase in the amount of $164,439 from Long Beach BMW Motorcycles located at 2125 E. Spring Street, Long Beach, CA 90806.

1. Agreement City of San Bernardino - Long Beach BMW 2025

2. Bid Documents - Long Beach BMW 2025
Attachments:

7. MEASURE M2 EXPENDITURE REPORT 25-587
RECOMMENDATION:

Staff recommends that the City Council adopt the proposed Resolution No. 2025-xx, approving the Measure M2 Expenditure Report and authorize staff to submit the report to the Orange County Transportation Authority (OCTA).

1. Proposed Resolution

2. M2 Expenditure Report
Attachments:

8 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025

8. FREEWAY MAINTENANCE AGREEMENT AND AGREEMENT FOR

SHARING COSTS OF STATE HIGHWAY ELECTRICAL FACILITIES
25-588
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Freeway Maintenance Agreement between the State of California Department of Transportation (Caltrans) and the City of Costa Mesa for the I- 405 Improvements Project.

2. Approve the Agreement for Sharing Costs of State Highway Electrical Facilities between Caltrans and the City of Costa Mesa.

3. Authorize staff to accept any minor amendments to the agreements based on final review by all parties and for the Mayor and City Clerk to execute final agreements.

1. Freeway Maintenance Agreement

2. 1993 ECSA Agreement

3. New ECSA Agreement
Attachments:

9 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025

9. ADAMS AVENUE BICYCLE FACILITY PROJECT (FROM HARBOR
BOULEVARD TO FAIRVIEW ROAD), FEDERAL PROJECT NO .

STPL-5312(108), CITY PROJECT NO. 25-11
25-589
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt plans, specifications, and working details for the Adams Avenue Bicycle Facility Project (From Harbor Boulevard to Fairview Road), Federal Project No. STPL-5312( 108), City Project No. 25-11, and find the project categorically exempt from CEQA.

2. Approve a Public Works Agreement (PWA) in the amount of $2,268,636, and a ten percent (10%) contingency in the amount of $226,864 to Excel Paving Company, 2230 Lemon Avenue, Long Beach CA 90806.

3. Approve a Professional Services Agreement (PSA) in the amount of $241,374 and a ten percent (10%) contingency in the amount of $24,137, to Z&K Consultants, Inc ., 17130 Van Buren Blvd. #122, Riverside, CA 92504, for construction management and inspection support services for the Adams Avenue Bicycle Facility Project.

4. Authorize the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreements within Council authorized limits.

ENVIRONMENTAL DETERMINATION:

The proposed project is exempt from the California Environmental Quality Act (CEQA). The project involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. The proposed project is categorically exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and /or minor alteration of existing public facilities. A Notice of Exemption was prepared by City Staff, was posted to the Office of Planning and Research on August 3, 2023, and was filed and posted at the Orange County Clerk-Recorder Department on August 10, 2023.

The proposed project is categorically excluded from the National Environmental Policy Act (NEPA). Per the Code of Federal Regulations 23 CFR 771.117(c)(3), the construction of bicycle and pedestrian lanes, paths, and facilities are considered actions that meet the criteria for categorical exclusions from NEPA and are deemed to not have any significant environmental impacts. A Preliminary Environmental Study classifying the project as categorically excluded was submitted to the California Department of Transportation (Caltrans) on February 3, 2025. On March 20, 2025, Caltrans provided concurrence with the NEPA determination of Categorical Exclusion.

10 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025

1. Bid Abstract

2. PWA - Excel Paving

3. PSA - Z&K Consultants
Attachments:

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

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

1. CONTINUATION REQUEST OF AN APPEAL OF THE PLANNING
COMMISSION’S DECISION TO UPHOLD THE ECONOMIC AND
DEVELOPMENT SERVICES DIRECTOR ’S DECISION TO DENY A

REASONABLE ACCOMMODATION REQUEST TO DEVIATE FROM

CERTAIN REQUIREMENTS OF THE ZONING CODE TO OPERATE A
SOBER LIVING HOME, OPERATED BY THE OHIO HOUSE AT 115

EAST WILSON STREET, UNITS A THROUGH E
25-604
RECOMMENDATION:

Staff recommends the City Council open the public hearing and continue the item to the February 3, 2026 meeting, pursuant to the applicants’ request.

1. Continuation RequestAttachments:

11 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025

2. PUBLIC HEARING REGARDING THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2025,

AND THE TRAFFIC IMPACT FEE ANALYSIS
25-582
RECOMMENDATION:

Staff recommends the City Council:

1. Receive and file the Development Impact Fees Annual Report (Attachment 1) for the Fiscal Year ended June 30, 2025.

2. Adopt resolution (Attachment 2) continuing the citywide traffic impact fee for new development that incorporates recommendations from the Traffic Impact Fee Ad Hoc Committee and staff, which include:
· Adopt a traffic impact fee of $231 per Average Daily Trip (ADT) based on the Capital Improvement Projects in Attachment 4 and Active Transportation projects in the adopted Active Transportation Plan (ATP). · Approve allocation of up to ten percent (10%) of traffic impact fees towards traffic signal synchronization projects.
· Approve a five percent (5%) reduction in automobile trips as a result of ATP implementation and an additional five percent (5%) reduction in automobile trips for developments proposing to implement active transportation improvements beyond typical development requirements.

1. 2024-25 DIF Report

2. Traffic Impact Fee Resolution

3. Citywide Traffic Impact Fee Annual_Report

4. TIF Calculations

5. Chronology of City Council Actions
Attachments:

12 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025
OLD BUSINESS:

1. DRAFT FAIRVIEW PARK MASTER PLAN UPDATE: DISCUSSION

AND APPROVAL OF RECOMMENDATIONS
25-600
RECOMMENDATION:

Staff recommends the City Council:

1. Review and discuss the Draft Fairview Park Master Plan Update (Attachment 1) prepared by consultant Moore, Iacofano, Goltsman, Inc . (MIG); and

2. Provide direction on the Draft Fairview Park Master Plan Update for inclusion in the final Fairview Park Master Plan Update for adoption.

1. Draft Fairview Park Master Plan Update

2. Fairview Park Master Plan Update Recommendations
Attachments:

13 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda December 2, 2025
NEW BUSINESS:

1. AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE

CITY OF NEWPORT BEACH FOR USE OF BEDS AT THE COSTA

MESA BRIDGE SHELTER
25-603
RECOMMENDATION:

Approve Amendment No. 2 (Attachment 1) to the Memorandum of Understanding with the City of Newport Beach, reducing their allocation of beds at the Costa Mesa Bridge Shelter from twenty-five (25) to twenty (20) and adjusting their associated costs, accordingly.

1. 2nd Amendment Newport Beach Shelter MOU

2. Cost per Bed Analysis - FY 2025-26 Adopted Budget
Attachments:

2. PROVIDE DIRECTION TO STAFF TO EXPLORE TWO CITY BALLOT

INITIATIVES PERTAINING TO TRANSIENT OCCUPANCY TAX AND

BUSINESS LICENSE TAX
25-583
RECOMMENDATION:

Staff recommends the City Council:

1. Provide direction to staff to explore placement of potentially two ballot initiatives in the November 2026 elections to consider an increase in the City of Costa Mesa ’s Transient Occupancy Tax (Hotel tax) and/or Business License Tax.

1. Nov 2026 Ballot Measure timeline 11 05 25Attachments:

3. EMPLOYMENT AGREEMENT FOR CITY MANAGER 25-596
RECOMMENDATION:

Consider and approve the proposed agreement: (Attachment 1) with Cecilia Gallardo-Daly to serve as City Manager commencing December 2, 2025.

1. Employment AgreementAttachments:

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 #: 25-597 Meeting Date: 12/2/2025
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 #: 25-598 Meeting Date: 12/2/2025
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: Jonathan Barillas, Jeffrey Brian Magy, Kyle Samuelson.

16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-569 Meeting Date: 12/2/2025
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. 2745.

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 $1,251,381.86.

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35 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-554 Meeting Date: 12/2/2025
TITLE:

REVIEW AND APPROVE RECOMMENDED CITY COUNCIL MEETING CALENDAR FOR 2026 DEPARTMENT: CITY MANAGER’S OFFICE /CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:

Review and approve the proposed City Council Meeting Calendar for 2026.

BACKGROUND:

The City holds regular City Council meetings on the first and third Tuesday of each month, and Study Session meeting on the second Tuesday of each month as needed. In accordance with Council direction from the June 7, 2016, meeting, the City Council does not meet on the third Tuesday in August. Additionally, per Resolution 05-8, no meeting is held on the third Tuesday in December.

ANALYSIS:

The City Council has the legal authority to establish meeting dates and times and to cancel or reschedule such meetings with proper and timely public notice. The January 6, 2026, regular meeting follows the holidays and the closure of City Hall from Wednesday, December 24, 2025 through Friday, January 2, 2026. It is recommended that the January 6, 2026, regular City Council meeting be canceled due to the closure. Additionally, the regularly scheduled meeting on Tuesday, November 3, 2026, falls on Election Day. Canceling both the January 6th and November 3rd meetings in advance allows time for proper public noticing and placement of items on other agendas.

The proposed 2026 City Council meeting calendar is as follows:
· January 20, 2026
· February 3, 2026
· February 17, 2026
· March 3, 2026
· March 17, 2026
· April 7, 2026
· April 21, 2026
· May 5, 2026
· May 19, 2026
· June 2, 2026

36 File #: 25-554 Meeting Date: 12/2/2025
· June 16, 2026
· July 7, 2026
· July 21, 2026
· August 4, 2026
· September 1, 2026
· September 15, 2026
· October 6, 2026
· October 20, 2026
· November 17, 2026
· December 1, 2026
ALTERNATIVES:

The City Council may choose to hold the meeting on January 6, 2026; however, this action is not recommended due to the holiday closure and limited staff resources. Additionally, the City Council may choose to hold the meeting of Tuesday, November 3, 2026; however, this action is not recommended as many residents may not be in attendance due to Election Day priorities.

FISCAL REVIEW:

There is no fiscal impact to this agenda item.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Review and approve the recommended City Council Meeting Calendar for 2026.

37 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-570 Meeting Date: 12/2/2025
TITLE:

AUTHORIZE THE USE OF SOURCEWELL’S NATIONAL COOPERATIVE AGREEMENT WITH NATIONAL AUTO FLEET FOR THE PURCHASE OF EIGHT (8) ALLMAND PORTABLE LIGHT TOWERS
DEPARTMENT: PUBLIC WORKS DEPARTMENT/MAINTENANCE SERVICES DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER (714) 327-7499
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the use of Sourcewell’sCooperative Agreement No. 091521-NAF with National Auto Fleet Group for the purchase of eight (8) Allmand GR Series portable light towers.

2. Authorize the City Manager to execute the necessary documents for the purchase in the amount of $109,897 through National Auto Fleet Group located at 490 Auto Center Drive, Watsonville, CA 95076.

BACKGROUND:

The use of portable lights has been a continued necessity for the City to conduct youth programs and special events throughout the year. Staff provides portable light towers to several parks and recreational areas throughout the City for sporting activities and special events. The Public Works Department is responsible for maintaining an existing fleet of forty-eight (48) light towers.

Consistent with past practices, new and/or replacement vehicle and equipment requests are evaluated during the annual budget process along with Equipment Maintenance staff recommendations. The Parks and Community Services Department has identified the need for additional units at multiple field locations throughout the City.

ANALYSIS:

Many of the City-owned portable light towers are older models that have been discontinued, and acquiring parts and support services is challenging and will continue to be. Five (5) units are in poor condition due to their high exposure to weather elements and should be replaced (unit numbers 367, 368, 369, 371, and 375). In addition to the five (5) units, the Parks and Community Services Department identified the need for three (3) additional units.

The procurement of eight (8) portable light towers will enhance the City’s fleet and improve the

38 File #: 25-570 Meeting Date: 12/2/2025
The procurement of eight (8) portable light towers will enhance the City’s fleet and improve the reliability of lighting for facilities and fields used during City recreational events. The Allmand GR Series portable light towers represent the most cost-effective option for replacement and are consistent with the newer units currently owned by the City.

Without access to portable light towers, the City would not be able to provide the necessary lighting and safety for the community participating in youth programs throughout the year. To meet current and future demands in an efficient and fiscally prudent manner, staff requests the approval for the purchase of portable light towers.

Purchasing these eight (8) Allmand GR Series portable light towers through Sourcewell meets all requirements set forth in the City of Costa Mesa’sPurchasing Policy and all requirements set forth by the State of California regarding regional cooperative purchasing agreements. This process confirms that the City continues to receive the lowest available pricing and meets the competitive bid process requirements. The City has utilized Sourcewell successfully for several previous related purchases.

The Sourcewell purchase quote of $109,897 includes all parts and equipment for the procurement and delivery (Attachment 1).

ALTERNATIVES:

One alternative is to not use the Cooperative Agreement and go through a procurement process.

This will require staff to initiate a formal bidding process, which will take significantly more time to complete, and may not result in lower prices than the proposed Sourcewell pricing.

FISCAL REVIEW:

The budget for the replacement of five (5) existing light towers and purchase of three (3) new light towers is included in the City’sFiscal Year 2025-26 Adopted Budget in the Equipment Replacement Fund (Fund 601).

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends the City Council:

1. Authorize the use of Sourcewell’sCooperative Agreement No. 091521-NAF with National Auto Fleet Group for the purchase of eight (8) Allmand GR Series portable light towers.

2. Authorize the City Manager to execute the necessary documents for the purchase in the amount of $109,897 through National Auto Fleet Group located at 490 Auto Center Drive, Watsonville, CA 95076.

39 One Unit
Subtotal $12,430.00
Tax (7.7500 %) $963.32
Transportation $343.75
Total $13,737.07
Extended Unit's
$99,440.00
$
7,706.60
$2,750.00
$109,896.60
Jesse Cooper Quoting Department
National Fleet Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
Quote ID: 30850RL R1R:10/22/2025
Mr Ruben Salas
City of Costa Mesa
Fleet Maintenance Supervisor
Costa Mesa, California, 92626
Dear Mr Ruben Salas,
National Auto Fleet Group is pleased to quote the following vehicle(s) Upfit, (Sourced Item) and Accessories for your consideration.

Eight (8) New/Unused (Allmand GR Series Light Towers pkg ) and delivered to your department yard, each for - per the attached specifications.

This vehicle(s) Upfit is available under the Sourcewell Contract 091521-NAF. Please reference this Bid number on all purchase orders.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
1/20/25, 9:36 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/30850 2/3 (8)
ATTACHMENT 1
40 Purchase Order Instructions & Resources

In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076

We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected]

For general questions or assistance please contact our main office at:
1-855-289-6572
1/20/25, 9:36 AM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/UpfitOnlyQuote/SSDPrint/30850 3/341 562-606-2727 Phone2501 Orange Ave
Signal Hill, CA 90755
855-797-8747 Phone
Quoted:

Mon 1/20/2025
Net 30
Quote
Phone 855-289-6572
Status:

Quote #:

Billed Thru:

Customer #: 7108
PO #:

Job Descr:

Operator:

Terms:

Job Loc:

Ordered By:

Job No:

Rented from
www.powertriprentals.com

NATIONAL AUTO FLEET GROUP
2501 ORANGE AVE
SIGNAL HILL, CA 90755
Pending
Rick Meier
Costa Mesa
Pending
Remit To:
490 AUTO CENTER DR
WATSONVILLE, CA 95076
q16043-1
Mon 1/20/2025 9:00AM
Randy Lester
Sales Rep: RICK
One Week Lead Time---------------------------------
Sale Of New Equipment
Allmand GR Series Light Towers
White Paint
Kubota Z482 Engine
Linz Generator
360 Watt LED
---------------------------------
Key Qty Items Sold Status Each Price
ALLMAND GR SERIES $180,800.00Retail $11,300.0016 .ALLMAND GR SE-1 FREIGHT $5,500.00Retail $5,500.001 .FREIGHT-1
Quote valid for 30 days.

Please send payment remittances to:

Routing: 322271627 Checking: 516105159
contract-params.SQL.rpt (1)Printed On Mon 1/20/2025 7:57:28AM Software by Point-of-Rental Software www.point-of-rental.com Modification #1
42 Please send payment remittances to:

Routing: 322271627 Checking: 516105159
Modification #1
Printed On Mon 1/20/2025 7:57:28AM Software by Point-of-Rental Software www.point-of-rental.com contract-params.SQL.rpt (1) Signature:
$186,300.00 Amount Due:NATIONAL AUTO FLEET GROUP
$0.00
$186,300.00
Paid:

Subtotal:
$186,300.00
$186,300.00
Total:

Sales:
43 The Night-Lite™ GR-Series Liquid-Cooled 3kW
light tower, your compact workhorse for better efficiency, brighter light, and longer run times — so you get more
done on the jobsite.
§ Kubota diesel engine with 63-gallon fuel tank: 313-hour run time with 350-watt lights; 360-hour run time with
optional 250-watt lights.
§ Four 350-watt LED fixtures produce 228,560 total
lumens and 45,000 ft² area at 0.5 ft-c: 22% more lumen
output and 19,400 ft² more light area that the leading
competitor.
§ Best-in-class 1,000-hour oil change interval: lower
maintenance expenses.

NIGHT-LITE
™

GR-SERIES
LIQUID-COOLED 3kW
44 Max Width

98.0 in (2,489 mm)
Width
Transport Position

50.5 in (1,283 mm)
Night-Lite GR-Series Liquid-Cooled 3kW
Max
Height
23 ft 0.0 in
(7,010 mm)
Height
Transport Position

98.5 in
(2,502 mm)

KEY FEATURES
Length

82.5 in (2096 mm)
Forklift Pockets
easily load and unload
equipment
Stabilizers
Steel tongue jack
foldable with
dual pins, 3 point
outriggers
(4) 350W SMD
Style LED Light
Fixtures (Standard)
Standard Trailer
Coupler 2” Ball
Lifting Eye
Foldable Tongue
Takes up less space on
the job-site and in your
yard
Heavy-duty
Leveling Jacks
Liquid-Cooled
Engine
Up to 313 Hour Run Time
with 350 watt LED (Standard);
Up to 360 Hour Run Time
with 250 watt LED (Optional)
Operating
Temperatures
Max: 120°F (49°C)
Min: -40°F (-40°C)
(Arctic Package required)
CSA Approved
Compact Design
fit 20 units on a 48 ft
flatbed, 22 units on a 53 ft
flatbed - more units for the
same shipping cost
Service Interval
1000 hour oil change
interval
Deep Sea L401
Controller*
Low Fuel Level Shutdown
Fuel Level Reading
Fuel Tank
63 gallon (238 liter)
fuel tank extends
operation
(4) 250W SMD
Style LED Light
Fixtures (Optional)
Welded Steel
Frame with
Lockable Door
Controls
Simple, easy to use
Easy Access
Wide area rear door
for ease of access
maintenance
Mast
Flexible lighting with a
vertical mast extending
to 23 feet (7 meters)
Vertical Tower
Easy to raise and lower
with a dual-handle
manual winch
355 Degree Rotation
Increase flexibility in light
spread
60 MPH (96 km/h) Operating
Wind Speed Rating
45 Model NLGR LC3kW
Liquid-Cooled Engine Brand / Model Kubota Z482
Estimated Engine Prime Power (kW)** 3
Fuel Capacity - gal (L) 63 (238)
Horsepower (@ 1,800 RPM) *** 5.1
Engine Tier Tier 4 Final
Light Type – LED
LED Wattage 350 W
Light Output - Per Lamp (Lumens) 57,140
Lumens Total 228,560
LED Wattage 250 W
Light Output - Per Lamp (Lumens) 38,081
Lumens Total 152,324
Operating Time (Hrs) 250 W LED 360
Operating Time (Hrs) 350 W LED 313
Estimated LED Life (hrs) ** 50,000
Features
Outlets Outlet - Single 120V / 20A GFI
Weights & Shipping
Shipping Weight (No Fuel) - lbs (kg) 1,200 (544)
Net Weight (Dry) - lbs (kg) 1,155 (524)
Net Weight (Wet) - lbs (kg) 1,580 (717)
Number of Units on 48' Flatbed 20
Number of Units on 53' Flatbed 22
Night-Lite GR-Series Liquid-Cooled 3kW TECHNICAL SPECS

LIGHT COVERAGE
* Prime generator electrical output per Allmand® testing. ** Based on one hour run test full fuel tank consumption. *** All power levels are stated gross horsepower as rated by the engines© manufacturers. †Based on 5 yrs of service and industry residual value.

Allmand® has a policy of continuous product improvement and reserves the right to modify its specifications at any time and without prior notice. See operator’s manual or www.allmand.com website for complete warranty details. 50 100
150
200
250
300

0.5 ft-c
1 ft-c
2 ft-c
3 ft-c
5 ft-c
10 ft-c
20 ft-c
30 ft-c
228,560 Total Lumens
Night-Lite™ GR-Series
4 - 350W LED Light Output
Area Lit to 0.5 Foot Candle (ft-c)
or Higher: 45,000 ft²
152,324 Total Lumens
Night-Lite™ GR-Series
4 - 250W LED Light Output
Area Lit to 0.5 Foot Candle (ft-c)
or Higher: 34,650 ft²
-150 -125 -100 -75 -50 -25 0 150125100755025
0 feet Fixtures
pointed 10°
below horizon
straight out
mast fully
extended.
-150 -125 -100 -75 -50 -25 0 150125100755025 feet
46 Night-Lite GR-Series Liquid-Cooled 3kWOPTIONS
ALLMAND 350W LED COMPARED TO

LEADING COMPETITOR LED LIGHTS
Arctic Package (includes 120V immersion style
block heater & HD battery)
Heated Fuel-Water Separator
250W LED Lights
LED Diffuser Panels
Custom Paint
Telematics Package (customer supplied –
standard factory lead time for design)
Galvanized Tower
Electric Winch
Reversible Coupler Ball and Lunette Ring
(no Bulldog)
Lunette Ring (no Reversible Coupler)
Bulldog Hitch (no Reversible Coupler)
Allmand 350W LED vs 320W LED
• Ft2 Area Illuminated
• 45,000 ft² vs 25,600 ft²
• 19,400 ft² additional area
• 76% increase in light coverage
• Lumen Output
• 228,560 vs 188,000 total lumens
• 40,560 additional lumens
• 22% increase in light brightness
Allmand Data obtained by 3rd party independent
test lab for 23 ft tower at 10° below horizon.

Note: See individual product sale sheets for
each light plant light map details.
50 100
150
200
250
300

0.5 ft-c
1 ft-c
2 ft-c
3 ft-c
5 ft-c
10 ft-c
20 ft-c
30 ft-c
Night-Lite™ GR-Series
4 - 350W LED Light Output
23 ft Mast Height
Area Lit to 0.5 Foot Candle (ft-c)
or Higher: 45,000 ft²
Competitor
4 - 320W LED Light Output
23 ft Mast Height
Area Lit to 0.5 Foot Candle (ft-c)
or Higher: 25,600 ft²
-150 -125 -100 -75 -50 -25 0 150125100755025
0 feet Fixtures
pointed 10°
below horizon
straight out
mast fully
extended.
-150 -125 -100 -75 -50 -25 0 150125100755025 feet
COMPROMISE NOTHING.

At Allmand, our sole focus is providing jobsite support equipment to help your customers get the job done.

Whenever they need it. Wherever they are. And whatever
it takes. What’s more, our genuine commitment to you
— the highest standard of service and lowest total cost of ownership — is simply unmatched. Choose the
equipment that comes with complete confidence
that jobsite productivity won’t go dark at 2 a.m.

Allmand. Above All.
www.allmand.com
NLGR-0923

BRIGGS & STRATTON
Milwaukee, WI 53201-0702 USA
(414) 259-5333
Copyright ©2023. All rights reserved.
®
47 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-571 Meeting Date: 12/2/2025
TITLE:

AUTHORIZE THE USE OF A COOPERATIVE AGREEMENT WITH LONG BEACH BMW FOR THE PURCHASE OF FOUR NEW 2026 BMW R1300 RT-P POLICE MOTORCYCLES DEPARTMENT: PUBLIC WORKS DEPARTMENT/MAINTENANCE SERVICES DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER (714) 327-7499
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the purchase of four (4) new 2026 BMW R1300 RT-P police motorcycles based on pricing through a Goods Purchase Agreement between The City of San Bernardino and Long Beach BMW entered on June 25, 2025.

2. Authorize the City Manager to execute the necessary documents for the purchase in the amount of $164,439 from Long Beach BMW Motorcycles located at 2125 E. Spring Street, Long Beach, CA 90806.

BACKGROUND:

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

The current BMW police motorcycles budgeted for replacement have high mileage and usage and require a higher level of maintenance and repair costs. All four (4) motorcycles (unit # 624, 626, 631 and 632) approved for replacement have exceeded their anticipated service lives.

ANALYSIS:

Police motorcycles are a vital component in daily Police/Public Safety operations. The purchase of these motorcycles will upgrade the City’sfleet of operable motorcycles and facilitate the response to emergency and safety concerns, thereby improving the City’sability to serve the community and its stakeholders.

The purchase of the motorcycles will be completed through a cooperative agreement with the City of San Bernardino, RFQ F-25-4043. The City of San Bernardino completed a competitive bid process for BMW 1300 RT-P police motorcycles. In the City of San Bernardino’sbid package, cooperative

48 File #: 25-571 Meeting Date: 12/2/2025
for BMW 1300 RT-P police motorcycles. In the City of San Bernardino’sbid package, cooperative language was included that allowed the resultant agreement to be extended to other public agencies.

The City of Costa Mesa requested and received permission from the City of San Bernardino to utilize that agreement. The City of San Bernardino awarded its bid to Long Beach BMW Motorcycles (Attachment 1). Procurement of motorcycles using this cooperative agreement meets all requirements of the City’s purchasing policies.

Long Beach BMW Motorcycles offered in their pricing to the City, an option to purchase additional quantities as needed (Attachment 2). Pricing is good until June 30, 2026.

ALTERNATIVES:

One alternative is to not use the Cooperative Agreement and go through a procurement process.

However, staff does not believe this will result in lower prices for the motorcycles. Another alternative to purchasing new BMW motorcycles is to retain the models currently in the fleet. These motorcycles are heavily used, show considerable wear and are seeing increased maintenance costs and extended down times. Staff does not recommend this alternative due to the fact that police motorcycle units are a vital component in daily Police/Public Safety operations.

FISCAL REVIEW:

The replacement costs for four (4) police motorcycles is included in the City’sFiscal Year 2025-26 Adopted Budget in the Equipment Replacement Fund (Fund 601).

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends City Council:

1. Approve the purchase of four (4) new 2026 BMW R1300 RT-P police motorcycles based on pricing through a Goods Purchase Agreement between the City of San Bernardino and Long Beach BMW entered on June 25, 2025.

2. Authorize the City Manager to execute the necessary documents for the purchase in the amount of $164,439 from Long Beach BMW Motorcycles located at 2125 E. Spring Street, Long Beach, CA 90806.

49 Docusign Envelope ID: 85D931 59AD39A5

ATTACHMENT I

GOODS PURCHASE AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

LONG BEACH BMW MOTORCYCLES
This Goods Purchase Agreement ("Agreement") is entered into as of June 25, 2025 ("Effective Date"), by and between the City of San Bernardino (a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) ("City"), and Long Beach BMW Motorcycles (a corporation with its principal place of business at 2125 East Spring Street, Long Beach, California 90806) ("Supplier"). City and Supplier are sometimes individually referred to as "Party" and collectively as "Parties".

Section 1. Definitions
A. "Goods" means all machinery, equipment, supplies, items, parts, materials, labor, or other services (including design, engineering, and installation services) provided by Supplier as specified in Exhibit A (Goods and Specifications) (attached hereto and incorporated herein by reference).

B. "Delivery Date(s)" means that date or dates upon which the Goods is to be delivered to City ready for approval, testing, and/or use as specified in Exhibit B (Delivery Schedule) (attached hereto and incorporated herein by reference).

Section 2. Materials and Workmanship
When Exhibit A specifies machinery, equipment, or material by manufacturer (model or trade name), no substitution will be made without City's written approval. Machinery, equipment, or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment, or materials are referred to in Exhibit "A" as equal to any particular standard, City will decide the question of equality. Supplier will furnish City with the name of the manufacturer, the performance capabilities, and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods when requested by City. Material samples will be submitted at City's request.

Section 3. Inspections and Tests
City shall have the right to inspect and/or test the Goods prior to acceptance. City may reject the Goods (without prejudice to any other rights or remedies) or exercise any of its rights under Section 4.C if (upon inspection or testing) the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit "A". The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City's right to reject nonconforming goods; provided however that City shall notifyo Supplier of a rejection of nonconforming goods or revocation of acceptance thereof, and specifyo with particularity

50 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 any defect in nonconforming goods affer rejection or acceptance thereof within sixty (60) days of the invoice date.

Section 4.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years; or such longer period as provided by a manufacturer's warranty or as agreed to by Supplier and City from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants any services provided in connection with the Goods will be performed in a professional and workmanlike manner, and in accordance with the highest industry standards.

B. Supplierfurtherwarrantsthatallmachinery,equipment,orprocessincluded in the Goods will meet the performance requirements and specifications specified in Exhibit A and shall be fit for the purpose intended. City's inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Suppfier of its obligations under this Section 4.B.

C. If City selects repair or replacement, any defects will be remedied without cost to City (including but not limited to the costs of removal, repair, replacement of the defective Goods, and reinstallation of new Goods). All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same (all at its own expense and without cost to City). For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will (immediately after receiving notice from City at the option of City, and at Supplier's own expense and without cost to City):

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, free on board plant, office, or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4; but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

51 Docusign Envelope ID: 85D93"lOA-93BB-4845-ADDB-F8B759AD39A5 Section 5.

Unless expressly provided otherwise, all prices and fees specified in Exhibit C (attached hereto and incorporated herein by reference) are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City's authorized representative. The total price shall include (a) all Federal, state, and local sales, use, excise, privilege, payroll, occupational, and other taxes applicable to the Goods furnished to City hereunder; and (b) all charges for packing, freight, and transportation to destination.

Section 6. Chan es
City (at any time, by a written order, and without notice to any surety) may make changes in the Goods (including but not limited to City's requirements and specifications). If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier; and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. Payments
A. Terms of payment are net thirty (30) days, less any applicable retention after receipt of invoice or completion of applicable Progress Milestones. Final payment shall be made by City affer Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

B. If Progress Milestones have been specified in Exhibit B, then payments for the Goods will be made as the requirements of such Progress Milestones are met.

Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit B. Supplier's progress billing invoice will include progress payments due forthe original scope ofwork and changes. Each "Item for Payment" shown in Exhibit B and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit B or a change order, must have subcontractor and/or supplier invoices attached to Supplier's invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed (reasonable evidence indicating probable filing of liens or other claims), failure of Supplier to make payments properly to its subcontractors or for material or labor, failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier's expense.

52 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit B and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by City;

3. Delivery of alf drawings and specifications, if required by City; 4, Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character; and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release, and discharge of any and all claims and demands of any kind or character which Supplier then has (or can subsequently acquire) against City (its successors and assigns) for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release, or discharge of any claims or demands which City then has (or can subsequently acquire) against Supplier (its successors and assigns) for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 8. Schedule for Delivery
A. Supplier shall use commercially reasonable efforts to perform under this Agreement in a timely manner. The Goods will be delivered in accordance with the schedule set forth in Exhibit "B". Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.

B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate (to the best of its ability) in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any Federal, state, or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

53 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 B. Supplier will withhold (9and require its subcontractors where applicable to withhold) all required taxes and contributions of any Federal, state, or local taxing authority which is measured by wages, salaries, or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes (however denominated or measured) imposed upon the price ofthe Goods provided hereunderwill be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods (such as and including ad valorem, use, personal property and inventory taxes) will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 10. Independent Contractor
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors, or subcontractors or any other person resulting from performance of this Agreement.

Section 11. Subcontracts
Unless otherwise specified, Supplier must obtain City's written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section

13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City (including but not limited to Supplier's insurance and indemnification obligations). No subcontract or order will bind City.

Section 12. Title and Risk of Loss
City will have title to (and risk of loss of) all completed and partially completed portions of the Goods upon delivery unless otherwise agreed, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, consistent with Sections 3 and 4 of this Agreement, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors (their agents or employees), and Supplierwill replace or repair said Goods or materials at its own cost to the reasonable satisfaction of City. Notwithstanding the foregoing, City shall have title to (and the right to take possession of) such Goods at any time following payment therefor in the event that the City has paid Supplier for all or a portion of the Goods which

54 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 remains in the possession of Supplier. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier's property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. Indemnification
A. Supplier shall defend, indemnify, and hold the City (its officials, officers, employees, volunteers, and agents) free and harmless from any and all claims (demands, causes of action, costs, expenses, liability, loss, damage or injury) in law or equity to property or persons (including wrongful death) in any manner arising out of or incident to any alleged acts (omissions, gross negligence, or willful misconduct) of Supplier (its officials, officers, employees, agents, subcontractors, and subconsultants) arising out of or in connection with the Goods or the performance of this Agreement (including the payment reasonable attorneys' fees and other related costs and expenses, except such loss or damage which was caused by the sole negligence or willful misconduct of the City).

B. Supplier's defense obligation for any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against the City (its officials, officers, employees, agents, or volunteers) shall be at Supplier's own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City (or its officials, officers, employees, agents, or volunteers) in any such suit, action, or other legal proceeding. Supplier shall reimburse City (and its officials, officers, employees, agents, and/or volunteers) for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier's obligation to indemnifyo shall not be restricted to insurance proceeds, if any, received by the City (its officials, officers, employees, agents, or volunteers).

Section 14. Insurance
A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property damage at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01.

2. Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles) of at least $1,000,000 per accident for bodily injuiy and property damage at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto).

3. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $'l,000,000 per occurrence.

55 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5

4. Garage Keepers Liability Insurance of at least $1,000,000 per occurrence shall be provided by the Supplier if vehicles owned by or intended for the City will be left in the care, custody, or control of the Supplier.

5. Professional Liability Insurance of at least $1,000,000 shall be provided by the Supplier if installation, programming, or other professional services are performed under this Agreement.

B. Additional Insured; Primary; Waiver of Subroqation; No Limitation on Covera e. The General and Automobile Liability policies required under this Section shall give City (its officials, officers, employees, agents, or volunteers) additional insured status. Such policies shall contain a provision stating that Supplier's policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss; and shall contain or be endorsed with a waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers). The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement; or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be included as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best's rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies upon reasonable request.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. . Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

56 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 Section 15. 3
A. Supplier and subcontractors will not make, file, or maintain a mechanic's or other lien or claim of any kind or character against the Goods (for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished), or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and Supplier and subcontractor expressly waive and relinquish any and all rights which they now have (or may subsequently acquire) to file or maintain any Claim (and Supplier and subcontractor agree that this provision waiving the right of Claims will be an independent covenant).

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor; and Supplier will (at its own expense) defend any and all actions based upon such Claims, and will pay all reasonable charges of attorneys, all related costs, and other expenses arising from such Claims.

Section 16. Termination of Aqreement by City
A. Should Supplier at any time refuse or fail to deliver the Goods within a commercially reasonable time; or to perform any of its other obligations under the Agreement, City may terminate Supplier's right to proceed with the delivery of the Goods by written notice to Supplier. In such event (if Supplier fails to deliver the Goods or otherwise perform its obligations under this Agreement within thirty (30) days of such notice), City may obtain the Goods by whatever method it may deem expedient (including the hiring of another contractor or other contractors); and for that purpose may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options, and privileges of Supplier. In such case, Supplier will not be entitled to receive any further payments until the Goods is delivered.

B. City may (for its own convenience) terminate Supplier's right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will (with respect to the portion of the Goods terminated, unless the notice states otherwise):

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods;

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

57 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 D. Upon termination pursuant to Section I 6.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered (including material and services for which it has made firm contracts which are not canceled); it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. Force Maieure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1 ) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics, or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work (only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers). "Orders of governmental authorities" includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. The Party affected by a Force Majeure Event shall notify the other Party as soon as practicable and take all reasonable steps to mitigate the delay in performance.

Section 18. Miscellaneous Provisions
A. Delivery of Notices. Notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the u.s. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

58 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5 CITY:

City of San Bernardino
710 North D Street
San Bernardino, CA 92401
Attn: Jonathan Plummer
Lieutenant
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:

Long Beach BMW Motorcyles
2125 East Spring Street
Long Beach, CA 90806
Attn: Charles Berthon
B. Assiqnment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the Parties.

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of Tennessee. Venue shall be in Davidson County, Tennessee.

G. Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement (each Party shall pay its own attorneys' fees).

H. Interpretation.SincethePartiesortheiragentshaveparticipatedfullyinthe preparation of this Agreement, the language of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any Party.

I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

Page 'I O of 15
59 Docusign Envelope ID: 85D931 59AD39A5
J. Authority to Enter Aqreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City's Riqht to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Public Aqency Use. The California Public Contract Code allows public agencies to engage in cooperative purchasing for goods or services as a third-party agency "piggybacking" on another public agency's competitively bid agreement. Any request from another public agency to piggyback off this Agreement must be submitted to the City in writing, and is subject to prior review and written approval from the City. The City shall not be liable or responsible for any obligations and/or liabilities arising from or related to any such separate agreement between Supplier and another public agency.

0. Entire Aqreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties, or promises with respect to this Agreement, except those contained in or referred to in the writing.

P. Electronic Siqnature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes; and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

60 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5

SIGNATURE PAGE FOR

GOODS PURCHASE AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

LONG BEACH BMW MOTORCYCLES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

CITY SAN BERNARDINO LONG BEACH BMW MOTORCYCLES
Approved By:

J$(L kit
Bill Gallardo
Interim City Manager
Attested By:
ft&it 1,b7t4
Telicia Lopez
Acting City Clerk
Approved as to Form:
&maS nw
City Attorney
Best Best & Krieger LLP
(J-=A-s f;=A-b-
Signature
Charles Berthon
Name
GM
Title

61 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5

EXHIBIT A

GOODS SPECIFICATIONS
CURRENT PRODUCTION BMW R 1300 RT-P MOTORCYCLE
Technical Specifications
The following specifications are for two (2) each current production BMW R 1300 RT-P Motorcycles.
@ Color: Night Black and Alpine White Ill
* Gear Shiff ASSiSt Pro
* Additional LED Headlights (driving lights)
* US Authority Package
* BMW Electric Siren
* Weather Protection
* Tire Pressure Monitors
* Heated Seat
* Cruise Control
* Installation of Agency Provided Radio
Additional Accessories:
@ FMS Standard Emergency Lighting Package
* Fairing Mounted USB Socket
- LED Map Light
* Note Pad Holder
* Radio Power Plug Connector
* Radio "Y" Power Harness
* Radio Speaker Plug
* Radio Quick Mount Plate
* Accessory Connection Plugs
* License Plate Space Kit
* AR Rack Bracket
* Locking AR Mount
* Side Stand Footplate Extension
* PVP Bluetooth Module/Motorola
* Rear Blue ID Lights
Page 'f 3 of 15
62 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5

EXHIBIT B

DELIVERY SCHEDULE
The City shall take delivery of the Goods within one hundred eighty (1 80) days from the date of execution of this agreement. The Supplier shall make the Goods available for pick up at a mutually agreed upon location, and the City shall be responsible for arranging and completing the pick-up of the Goods within the specified time frame. Any changes to the delivery schedule must be agreed to in writing by both parties.

63 Docusign Envelope ID: 85D9310A-93BB-4845-ADDB-F8B759AD39A5

EXHIBIT C

FEE SCHEDULE
ITEM No. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT
1 BMW R 1300 RT-P 2 $38,609.03 $77,218.06

64 ATTACHMENT 2

SCOPE OF WORK
The City of Costa Mesa is requesting a quote to purchase four (4) 2026 BMW Police Traffic Enforcement Police Motorcycles Model R 1300 RT-P, with specialized police equipment and emergency vehicle identification including visual warning devices, audible warning devices, communication equipment, specialized electronics equipment, firearms security mounts and other required law enforcement vehicle accessories to meet operational needs of the City of Costa Mesa Police Department.

SPECIFICATIONS:

1. Year: 2026

2. Make/Model: BMWR 1300 RT-P

3. Color: Night Black & Alpine white

4. Quantity: Four (4) & Option to purchase additional motorcycles at a later date.

5. Ancillary Accessories per Motorcycle (Contractor will provide and install):

NOTE: Specifications per BMW Motorad USA (Items listed per one motorcycle) Description BMW Option Code
Color - Night Black & Alpine White Ill 753
Dynamic Package with Auto Shift 22A 235
Gear Shift ASSiSt Pro 222
Clear Water Fog Lights 562
Rider Assistant Safety Package 5AS
Emergency Warninq Liqhts (10) BMW P/N
R1300 RT-P Lighting Package Red/ Blue FMSA-SOS-001
Right Side Fonuard Low Mounting FMSA-ZPD-RFL
Convenience Options
Wide Mount for Larger Lidar Gun Holsters FMSA-GHMT-KA3R LTI TruSpeed Lidar Holster FMSA-GHTS
LH Flashlight/ Baton Holder 2015 + RT-P FMSA-MT-LFBH KA3 Baton/ Flashlight Holder Adapter FMSA-KA3-FLBA
CHP Ticket Book Box FMSA-CHP-TBB
Map Light-LED-Multi-Colored FMSA-MT-MCLED
FMS Police Motors Battery Charger FMSA-OM-BCHGR
Rifle Mounting Bracket KA3 FMSA-MT-KA3RM
Assault Rifle Mount standard muzzle FMSA-GL-ARM
Radio Receiver Quick Mounting Plate FMSA-MT-KA3QMP

6. Keys: Three (3) sets of Keyless Fob Transmitters

7. Manuals: One (1)

8. Build-out, Completion, and Pick Up:
1 65
a. Deadline: Four (4) motorcycles must be completely outfitted with specified ancillary accessories and equipment, and ready for pick up on or before date January 15, 2026.
b. Contact: Ruben Salas Fleet Supervisor (7'l4) 327-7481 [email protected]
c. The City reserves the right to conduct inspections of each unit throughout the build-out process.
d. Contractor must provide comprehensive and regular status reports on the progress of each build-out. Reports must include, but not limited to:
€ Manufacture ship date and expected lead-time for delivery to the Contractor's location.
[] Actual date Contractor received each motorcycle from the manufacture. € Lead-time for installation of specified ancillary accessories and equipment (Lead-time for each buildout must be able to meet the deadline for pick up); D Expected and actual dates of completion.
e. The City will pick up each motorcycle upon completion and it must be done prior to the deadline. The Contractor must notify the City's contact and arrange a pickup date. On the date of pick up, the city will inspect each motorcycle for acceptance. Upon acceptance of each motorcycle, the Contractor will: 1 ) conduct an orientation with each rider; and 2) provide a full tank of fuel.

9. Warranty: Manufacture's standard warranties shall apply to all motorcycles, ancillary accessories and equipment.
2 66

CONTRACTOR'S BID
Prices shall be inclusive ofafl costs (labor, equipment, materials, training, travel, overhead, insurance, taxes, emptoyee benefits, ancillaiy personnel, etc.) expected to be incurred by the Contractor to fulfill the requirements of this Contract. Unit prices will prevail.

Item Qt9 U/M Description Unit Price Ext. Price
i 4 Each Year/Make/Modei: 2026
BMW Ri300 RT-P 257,"f/L"' liq.8v
2" " " ' 4 " Lot Anciltary Amssories - (gi, ';74%-ol -z4,l&3'l.aat 3 4 Each BMW Rifle Mounts
(option) =:7&?.' 25, oteB, ha
4 4 Each Rifle Mount Brackets
(option)
S
3/4-"
5 4 Each [nstallation " SZ=&.'_ z iio'-1-D'2
6 4 Each Other Fees: (specify) )'72.$D .-...-.....-uI o . 9 real Specify'the'a'ddress ofthe location the compfeted
lmoo,to&rcy&clesmfitbepick,edOu,p koo,ma2t'ZS ELS:?7:6fA §.ubtotal /52',62487
Sales Tax

7.75% 7 // g'- '&
tx,5;e<E@o-4csiL3q-M 4w*ar<1<<""""a74,i TOTAL /6% V,08. 4/D Option to Purchase Additional Quantities: The City of Costa Mesa desires the option to purchase additional BMW Police Motorcycles Model No. R1300RT-P. State if the bidder will accept an order for additional unit(s) at the same prices, terms, and conditions
If option is granted, state length of time prices are good for and additional order acceptable. Prices good until .(€;'/5 @/ 2 r4:y
Transportation or freight charges for the additional unit shall be quoted. Option for additional quantity will not be considered in the evaluation of bids and is not required for aword of contract.
3 67
BMW RT-P Motor Pricing Form
e- , Alpine Wtiite Ill (special order)
;XX@BlackBlue(specialorder+60days) $119.60
SfflQ'='!, Saphir8!ue(speciaforder+60days)$1j9.60
.:?Q:-, '."%/iofet BFue (special order+60 days)
"..(=:.@5;?jGlacierSilver Metallic (special order)
751
999
999
756
N99
o
o
o
o
o
o
o
o
o
o
o
HeadiightPro(iriefudes 134) 2i9
GearShfflAsSiStPro 222
GPSPrep 272
Chrome Exhaust (lndudes 340) i9F
Dark Ctirome Exhaust (Includes 34A) 19J
Additional LED Headlights (driving lights) 562
HighSeatBlack 77E
LowSeatBlack 77D
DynamicPackage 235
Dynamic Package with Auto Sbift 22A 235
RiderAssistantSafety Package 5AS
BlackBlue 999
Sapphire Blue
(2026 Model Year)
(see belov)
(see below)
Revised: August 4, 2025
$580.23
$304.65
$179.55
$229-55
$359-09
5470.45
SO.OO
$0.00
$2,114;77
$3,055.68
$826.00
si*g.so
Sli9.60
$0.00
$0.00
SO.OO
$0.00
S0,00
SO.OO
so.oo
so.oo
S2,114.77
so.oo
$825.00
$0.00
AddJUonal Labor OperaUons Provided by Dealer
Long Beach BMW Motorcycles
2125 E. Spring St. Long Beach, CA. 90806
No Radio instalN
Clearwater Darla Lights
Doc. Fee
'CVR Fee
'Tire Fee
'Non Taxable
Dealer Basic Assembly l Preparation
Motorcycle Freight
Totaffi Retail Price per Unit mth Options
State Sales Tax (if applicable)
$1,'a-!2.00
$0.00
$0.C)O
$85.00
$34.00
$3-50
$0.00
$0.00
so.oo
$0.00
$526.
$38155.
12,954.1
TotalRetal €PrfceperUnitw[th0pUons $41,109.

Note: Pries subjed to change without notice. Ftnal prtce is always determined by the selling authorized BMW Motorcyde dealer. 68 @:ORflAD
Dealer Installed OpUons / Retrofits
Shift Assistant Pro (tiardware)
Screw Torx drive (order two)
Enabfing Code
LED Additionaf Headiight (order 2)
Filiister Head Screw (order 2)
Fillister Head Screw (order 2)
Hex Nut With Pfate (order 2)
Bracket, Left (order 1)
Bracket, Right (order 1)
Extra Ignition Key - KeyJess Fob Transmitter
Heated Seat - LOW TBD
Heated Seat - High TBD 52 53 5 A78 7CO O $740.82
Tire Pressure Gauge 82 t20 140377 o 532-12
BMW Battery Charger 61 432408594 0 $134-24
Motorcycle Charging Ptug 61 43 2 411680 0 $22.64
Note: Prices subject to change without notice. Amays verdy accuracy of part pricing before submitting quotations.

Final price is atways determined by the seiling authorized BMW Motorcycle dealer.

Total Retail
$0-00
$0.00
$0.00
S0,00
SO.OO
$0.00
so.oo
so,oo
SO.OO
$454.69
SO.OO
$0.00
$0.00

50.00 $0.00
Total Retail
$0.00
$0.00
$0-00
so.oo

50.00 $0-00
SO-00
$0-00
SO.OO

50.00 SO.OO
S0,00
$0.00
$0.00
SO-00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0-00
69 f
Note: Prizs subject to change without notice. Always verify aeeuraq of part pricing before submitting quotations.

Final prioe is atways determined by the selling authorized BMW Motorcyc!e dea!er. 70 Additional Accessories From Other Suppliers Page 4 I FMS Standard Emergency Lighting Package
1 FMS Parts List
$ 4,405.00 S 4,405.00
S 2,075.00 S 2,075.00
71 Additiona Accessories From Other Suppliers Page 4 I FMS Standard Emergency Lighting Package
1 FMS Parts List
$ 4,405.00 $ 4,405.00
S 2,075.00 S 2,075.00
72 Estimate
Date: 10/20/2025 09:58:25 PM
Estimate Name: City of Costa Mesa 25
Frorri: FMS Accessories.com
73 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-587 Meeting Date: 12/2/2025
TITLE:

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

Staff recommends that the City Council adopt the proposed Resolution No. 2025-xx, approving the Measure M2 Expenditure Report and authorize staff to submit the report to the Orange County Transportation Authority (OCTA).

BACKGROUND:

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

ANALYSIS:

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

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

74 File #: 25-587 Meeting Date: 12/2/2025
· Identify expenditures by activity type (capital, operations, administration, etc.) and the funding source for each program/project; and
· Submit the expenditure report signed by the Finance Director, accompanied by a resolution from the City Council.

The City of Costa Mesa’sreport for Fiscal Year 2024-25 is due by December 31, 2025. Staff prepared the attached expenditure report (Attachment 2) in accordance with OCTA guidelines. The report was reviewed in draft form by OCTA staff, and the information provided was determined to be acceptable.

Staff recommends that the City Council adopt the proposed resolution (Attachment 1) approving the expenditure report and authorize staff to submit the report to OCTA.

ALTERNATIVES:

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

Staff does not recommend this alternative.

FISCAL REVIEW:

The expenditure report took into account the final review of revenues and expenses for Fiscal Year 2024-25. The information contained in the M2 Expenditure Report was also reviewed by OCTA staff and determined to be acceptable.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

The voter-approved Measure M2 requires local agencies to meet certain eligibility requirements for receipt of Measure M2 funds, including approval of the M2 Expenditure Report. Staff recommends that the City Council adopt the proposed resolution approving the M2 Expenditure Report for Fiscal Year 2024-25, for submittal to OCTA.

75 ATTACHMENT 1

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF COSTA MESA FOR THE FISCAL YEAR ENDING JUNE 30, 2025

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

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

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

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

Resolution No. 2025-XX Page 1 of 3
76 (c) The Costa Mesa Finance Director is hereby authorized to sign and submit the Measure M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2025.

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 2nd day of December, 2025.

John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

Resolution No. 2025-xx Page 2 of 3 77

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 held on the 2nd day of December, 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 2nd day of December, 2025.

________________________
Brenda Green, City Clerk

Resolution No. 2025-xx Page 3 of 3
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83 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-588 Meeting Date: 12/2/2025
TITLE:

FREEWAY MAINTENANCE AGREEMENT AND AGREEMENT FOR SHARING COSTS OF STATE

HIGHWAY ELECTRICAL FACILITIES
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ADMINISTRATION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR, (714) 754- 5343
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Freeway Maintenance Agreement between the State of California Department of Transportation (Caltrans) and the City of Costa Mesa for the I-405 Improvements Project.

2. Approve the Agreement for Sharing Costs of State Highway Electrical Facilities between Caltrans and the City of Costa Mesa.

3. Authorize staff to accept any minor amendments to the agreements based on final review by all parties and for the Mayor and City Clerk to execute final agreements.

BACKGROUND:

The Orange County Transportation Authority (OCTA) in cooperation with the State of California Department of Transportation (Caltrans), the City of Costa Mesa, and other I-405 corridor cities, recently completed the I-405 Improvement Project, between SR-73 and I-605 Freeways. The project included several new elements as well as features within the City of Costa Mesa, such as new sound walls and monument signs.

The City and Caltrans have a Freeway Maintenance Agreement (FMA) that identifies roles and responsibilities of each agency as it pertains to the I-405 Freeway. The current agreement was executed in 2007 and requires amendments to account for recent adjustments with the I-405 Improvement Project. The City and Caltrans also have an agreement for sharing costs of electrical facilities, primarily traffic signals, at freeway on- and off-ramps. This agreement is from 1993 and Caltrans requested that it needs to be updated to reflect their new requirements.

84 File #: 25-588 Meeting Date: 12/2/2025
ANALYSIS:

The I-405 Improvements Project was substantially completed and formally opened to the public on December 1, 2023. The project incorporated new sound walls as well as other aesthetic treatments including City logo and street name identifier on Fairview overcrossing.

Freeway Maintenance Agreement (FMA): The FMA designates maintenance responsibilities between Caltrans and the City along the I-405 Corridor, in accordance with Streets and Highways Code and the State Maintenance Manual. According to Caltrans, the current FMA, executed in May 2007, will need to be updated to reflect current built conditions on the I-405 Freeway. The proposed new FMA is included as Attachment 1. The City is primarily responsible for the following in accordance with the FMA:
· Maintenance of City streets identified in the Exhibits in the FMA; · Routine maintenance including street cleaning; minor non-structural repair of sidewalks, signing and striping;
· Graffiti abatement in the areas facing and accessible from City right-of-way; and · Repair and replacement of Community Identifier sign on Fairview Road overcrossing.

The state is responsible for the maintenance of the I-405 Freeway, structural integrity of all the bridges and other elements, sound walls and all fencing within state right-of-way.

Agreement for Sharing Cost of State Highway Electrical Facilities: This agreement also referred to as Electrical Cost Sharing Agreement (ECSA) is for the maintenance of traffic signal and related equipment at the intersection of State Highway and a City Street. The City of Costa Mesa has such shared facilities at various on- and off-ramps along I-405, SR-73 and SR-55 Freeways. The current ECSA was executed on June 21, 1993 (Attachment 2) and amended in 1997.

According to the current agreement, the City is responsible for electrical costs at all intersections shared with Caltrans, while Caltrans is responsible for all operating and maintenance functions.

According to new Caltrans policies, all costs (electrical, maintenance, etc.) are shared between agencies, based on number of intersecting legs. This proposed major revision has potential for increases to City share of costs associated with Caltrans-shared intersections.

In order to further analyze the new cost sharing arrangement, a 3-year pilot program is proposed where only the intersections impacted by the I-405 Freeway project will incorporate this new cost sharing program. These intersections include:
· Fairview Road - I-405 SB Ramps
· Fairview Road - I-405 NB Ramps
· Harbor Boulevard - I-405 SB Off Ramp
· Harbor Boulevard - I-405 NB Off Ramp
· South Coast Drive - I-405 NB Off Ramp
· Susan Street - I-405 NB Off Ramp
· Hyland Avenue - I-405 NB On Ramp
At all other intersections, the current arrangement where the City is responsible for electrical costs

85 File #: 25-588 Meeting Date: 12/2/2025
At all other intersections, the current arrangement where the City is responsible for electrical costs and Caltrans is responsible for all maintenance costs will continue. At the end of the 3-year period, City and Caltrans will evaluate and consider further changes to the ECSA. This is reflected in the new agreement included as Attachment 3.

Staff requests that City Council approve the FMA and ECSA and authorize staff to accept any minor modifications to the agreement based on final review by both parties. Staff also requests City Council authorize the Mayor and City Clerk to execute the final agreements.

ALTERNATIVES:

The alternative to this Council action would be to not approve the agreements. Staff does not recommend this alternative as this is a requirement of State’s Streets and Highways Code and is also a requirement of the Memorandum of Understanding executed with OCTA for the I-405 Improvement Project.

FISCAL REVIEW:

Funding for the agreements is available in the Public Works Department’s Fiscal Year 2025-26 Operating Budget in the General Fund (Fund 101).

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and the proposed agreements and approves them 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 Freeway Maintenance Agreement between the State of California Department of Transportation (Caltrans) and the City of Costa Mesa for the I-405 Improvements Project.

2. Approve the Agreement for Sharing Costs of State Highway Electrical Facilities between Caltrans and the City of Costa Mesa.

3. Authorize staff to accept any minor amendments to the agreements based on final review by all parties and for the Mayor and City Clerk to execute final agreements.

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City of Costa Mesa Freeway Maintenance Agreement

FREEWAY MAINTENANCE

AGREEMENT
WITH

CITY OF COSTA MESA
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Costa Mesa; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”

SECTION I

RECITALS

1. On May 10, 2016 a Freeway Agreement was ex ecuted between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Interstate (I) 405 within the jurisdictional limits of the CITY of Costa Mesa as a freeway; and

2. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to iden tify the maintenance responsibilities for improvements to separation structures lying within those modified freeway limits; and

3. There are existing Freeway Maintenance Agre ements with CITY dated November 2, 1992, and May 3, 2007. This Agreemen
t is meant to replace or supersede the earlier agreements.

NOW THEREFORE IT IS AGREED:

SECTION II

AGREEMENT

1. This AGREEMENT will supersede the existing Freeway M aintenance Agreements for the same location between the STATE and CITY dated November 2, 1992 and May 3, 2007 upon execution of this AGREEMENT.

2. Pursuant to Section 6 of the above May 10, 2016 Freeway Agreement, CITY is resuming control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.

3. The degree or extent of maintenance work to be performed, and the stan dards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code, and the State Maintenance Manual
1 ATTACHMENT 1
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City of Costa Mesa Freeway Maintenance Agreement

4. CITY agrees to continue their control and maintenance of each of the CITY streets and roads as shown on the hatched area on the plan maps attached hereto, marked Exhibits A1-A7, and made a part hereof by this reference.

5. STATE agrees to continue its control and mainte nance of those portions adopted as a part of I-405 Freeway proper as shown on Exhibits A1-A7.

6. CITY agrees to share the maintenance respons ibilities as shown on th e Exhibit A, and on individual infrastructure items as provided in Exhibit A7, attached and made a part of this Agreement by reference, as long as it is not in conflict with the terms of this Agreement. In case of a conflict, the terms of this Agreement shall prevail.

7. If there are agreed upon changes in the main tenance duties between PARTIES, the PARTIES can revise and replace the Exhibits by a mutual written execution of Exhibits A1-A7.

8. When anot her planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES’ division of maintenance responsibility as de scribed herein, STATE will provide a new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit A and become part of this Agreement upon City’s approval.

9. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related asso ciated costs thereof in the ev ent jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes.

10. CITY must obtain the necessa ry Encroachment Permits from STATE’s District 12 Encroachment Permit Office prior to enteri ng STATE right of way to perform CITY’s maintenance responsibilities. This permit will be issued at no cost to CITY.

11. Routine Maintenance shall include : graffiti abatement, cleaning, debris and trash removal, street sweeping, weed abatement, crack sealing,
crack repair and non-structural crack and spall
repair on bridge barrier and sidewalk; striping and signage, and other appurtenant maintenance items as designated in the applicable Exhibits. Routine Maintenance shall not include repair to maintain structural integrity, replacement or upgrade of STATE’s structural elements.

12. COMMUNITY IDENTIFIER

12.1. CITY will be responsible for repair and replacement of community identifier on the interior/street facing side of the community identifiers monuments, see attached Exhibit A6.

12.2. CITY will abate graffiti and perform R outine Maintenance on the interior/street facing side of the community identifier monuments.

12.3. STATE will abate graffiti on exterior/freeway facing side of the community identifier monuments. STATE will not be resp onsible for restoration of the community identifier.
2 ATTACHMENT 1
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12.4. STATE will be responsible for the community identifier monuments’ structure and its integrity.

13. VEHICULAR AND PEDESTRIAN OVERCROSSINGS

13.1. STATE will maintain, at STATE expens e, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of I-405 below the deck wearing surface and any wearing surface treatment, ba rrier and sidewalk structure, subsurface drainage structure and joint seal assemblies as shown on the attach ed exhibit, marked Exhibit A7.

13.2. CITY will maintain, at CITY expense, the drainage system cleaning (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface), all portions of the structure above the bridge deck, including, but without limitation, cleaning, graffiti abatement, Routine Maintenance, lighting installations, signs and pavement delineation, and CITY’s infrastructure that may be required for the benefit or control of traffic and located within the bridge(s) as shown on the attached exhibit, marked Exhibit C.

13.3. As directed by section 92.6 of the Stre ets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this pr ogram will be maintained by STATE, at STATE expense.

14. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS

14.1. STATE will maintain the entire structure of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways except as hereinafter provided.

14.2. CITY will maintain the roadway sections , including the traveled way, shoulders, curbs, sidewalks, wall surfaces, drainage in stallations, lighting installations sign and pavement delineation, and CITY’s infrastructure that may be required for the benefit or control of traffic using that undercrossing and community identifiers.

14.3. CITY will request STATE’s District Encroa chment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structur e that results from modifications to the roadway (except when said modifications are made by STA TE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE’s Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 3 ATTACHMENT 1
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15. WALLS AND COLUMNS – STATE is responsible for walls with in STATE’s right of way, including the structure and its integrity. CITY will perform debris removal, cleaning, and painting to keep any wall structure or column free of debris, dirt, and graffiti on the CITY- facing side of the wall. STATE will abate graffi ti on the freeway-facing side of the wall and maintain the concrete barrier and retaining wall including the structure integrity.

16. INTERCHANGE OPERATON - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.

17. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES

17.1. Cost allocations assigned to each of the PARTIES for electrically operated traffic control devices placed at interchanges of I-405 Freeway and CITY streets and roads and at ramp connections or I-405 and CITY facilities shall be accordance with the “AGREEMENT

FOR COSTS OF STATE HIGHWAY ELECTRICAL FACILITIES WITHIN THE CITY OF COSTA MESA”.

17.2. Timing of traffic signals, which shall be coor dinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE.

18. LEGAL RELATIONS AND RESPONSIBILITIES

18.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE high ways and local facilities different from the standard of care imposed by law.

18.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any wo rk, authority or jurisdicti on conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

18.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its offi cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability 4 ATTACHMENT 1
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City of Costa Mesa Freeway Maintenance Agreement
occurring by reason of anything done or omitted to be done by CITY under this Agreement.

19. PREVAILING WAGES:

19.1. Labor Code Compliance- If the work perfor med on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY mu st conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public wor k. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

19.2. Requirements in Subcontracts - CITY shall re quire its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

20. INSURANCE - CITY and its contr actors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delive red to the STATE with a signed copy of this Agreement.

21. TERMINATION - This Agreement may be termin ated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

22. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways C ode Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and cove nants to have followed all the necessary legal requirements to validly execute this Agreement.
5 ATTACHMENT 1
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City of Costa Mesa Freeway Maintenance Agreement

IN WITNESS WHEREO
F, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Roberta C. Hettick, P.E.

Deputy District Director
Maintenance District
ATTEST:

By: __________________________
Cit
y Clerk
By: __________________________
Cit
y Attorney
6 ATTACHMENT 1
92 7
ATTACHMENT 1
93 8
ATTACHMENT 1
94 (AS DESCRIBED IN THE FREEWAY

MAINTENANCE AGREEMENT)
9 ATTACHMENT 1
95 10
ATTACHMENT 1
96 11
ATTACHMENT 1
97 COMMUNITY IDENTIFIER

MONUMENT STRUCTURE

COMMUNITY IDENTIFIER

MONUMENT STRUCTURE

FREEWAY FACING SIDE STREET FACING SIDE
12 ATTACHMENT 1
98 7. State is responsible for structural integrity and repairs of the fencing on the Overcrossing. 13 ATTACHMENT 1
99 EXHIBIT C
Section 27 – Streets and Highways Code: General Provisions State Statute
As used in the General Provisions and in Division 1 (commencing with Section 50), Division 2 (commencing with Section 900), and Division 2.5 (commencing with Section 1800), “maintenance” includes any of the following:
(a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed; but does not include reconstruction or other improvement.
(b) Operation of special safety conveniences and devices and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility.

The degree and type of maintenance for each highway, or portion thereof, shall be determined at the discretion of the authorities charged with the maintenance thereof, taking into consideration traffic requirements and the moneys available therefor. 14 ATTACHMENT 1
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City of Costa Mesa
TR-12-5-27
12-ORA-405-PM 8.2/12.6
1 AGREEMENT FOR SHARING COST OF STATE HIGHWAY

ELECTRICAL FACILITIES WITH CITY OF COSTA MESA
THIS AGREEMENT is made effective this ________ day of __________, 20_____, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of COSTA MESA, hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
This Agreement shall supersede any previous Agreement and/or Amendments thereto for sharing State-incurred costs with the CITY.

The cost of operating and maintaining flashing -beacons traffic -signals, traffic -signal systems, safety-lighting, and sign-lighting now in place at the intersection of any State Highway Route and any CITY street/road shall be shared as shown in Exhibit “A”.

The PARTIES agreed to enter a three (3) year pilot agreement to imp lement a proportional cost- sharing arrangement for traffic signal maintenance located within the I -405 freeway proper .

Existing cost-sharing arrangements at other locations remain in effect. Approaching the conclusion of the pilot period, the STATE shall convene the PARTIES to initiate a joint review of the arrangement to determine future cost-sharing strategies.

NOW THEREFORE IT IS AGREED:

1. Basis for Billing:

1.1. It is agreed that monthly billings for flashing -beacons, traffic -signals, and traffic - signal systems shall be based on actual intersection costs, which are as follows:

1.1.1. Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses

1.1.2. Electrical energy

1.2. It is agreed that quarterly billings for safety-lighting and sign-lighting shall be based on calculated unit -costs derived by averaging STATE's District -wide costs each quarter. Costs are as follows:

1.2.1. Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses

1.2.2. Electrical energy

1.3. It is agreed that quarterly billings invoiced to CITY for STATE-owned and maintained electrical facilities identified in Exhibit “A” will be based on actual costs paid by ATTACHMENT 3
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12-ORA-405-PM 8.2/12.6
2 STATE, when derived from utility company billings. STATE will bill CITY quarterly in arrears for any CITY share of electrical facilities expenses shown in Exhibit “A”.

2. Exhibit “A” will be amended, as necessary by written concurrence of both parties , to reflect changes to the system.

3. STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE to pay the billings by CITY.

4. LEGAL RELATIONS AND RESPONSIBILITIES

4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

4.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occ urring by reason of anything done or omitted to be done by STATE under this Agreement with exception of those actions of STATE necessary to cure a noticed default on the part of the CITY.

4.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY/COUNTY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

5. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES; by either party upon thirty (30) days' notice to the other party.

6. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect for three (3) years from the effective date.

This agreement may also be amended, terminated at any time upon mutual consent of the PARTIES or terminated by STATE for cause.
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3 PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF COSTA MESA STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen

TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
City/County Manager
By: ___________________________
Roberta C. Hettick, P.E.

Deputy District Director
Operations and Maintenance
District 12
ATTEST:

By: __________________________
City/County Clerk
By: __________________________
City/County Attorney
137
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 1 FOR I-405 ONLY – COST DISTRIBUTION FOR MAINTENACE, OPERATIONS AND ENERGY ARE DISTRIBUTED PORPORTIONALLY BETWEEN STATE AND CITY.

E0301 I-405 NB Signal
405 Anton off ramp Type “P” 33 67

9.10 Intersection Light
Type “E”
2-LED 0.8 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 100
E0212 I-405 NB off-ramp Signal
405 Avenue of the Arts Type “P” 25 75

9.22 Intersection Light
Type “E”
4-LED 1.6 25 75
E0807 I-405 NB Signal
405 Bristol off ramp Type “P” 25 75

9.51 Intersection Light
Type “E”
4-LED 1.6 25 75
Illuminated Signs
Type “G”
2-SNB 4.0 100
0 0
138
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 2 E0209 I-405 SB Signal
405 Bristol Type “P” 33 67

9.50 Intersection Light
Type “E”
4-LED 1.6 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
E0208 I-405 NB off-ramp Signal
405 South Coast Dr Type “P” 33 67

10.3 Intersection Light
Type “E”
4-LED (165W) 2.0 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
E0805 I-405 NB Signal
405 Fairview Type “P” 50 50

10.78 Intersection Light
Type “E”
7-LED (235W) 4.2 50 50
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
139
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 3 E0756 I-405 SB Signal
405 Fairview Type “P” 50 50

10.80 Intersection Light
Type “E”
5-LED (235W) 3.0 50 50
Illuminated Signs
Type “G”
2-SNB 4.0 100
E0170 Susan St Signal
405 NB off-ramp Type “P” 33 67

11.2 Intersection Light
Type “E”
3-LED 1.2 33 67
Illuminated Signs
Type “G”
3-SNB 6.0 100
E0893 I-405 SB Signal
405 Harbor Type “P” 33 67

11.44 Intersection Light
Type “E”
5-LED (235W) 3.0 33 67
Illuminated Signs
Type “G”
1-SNB 1.0 0 100
0 140
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 4 E0752 I-405 NB Signal
405 Harbor Type “P” 33 67

11.46 Intersection Light
Type “E”
4-LED 1.6 33 67
Illuminated Signs
Type “G”
1-SNB 2.0 0 100
E0211 I-405 NB on-ramp Signal
405 South Coast/Hyland Type “P” 33 67

11.8 Intersection Light
Type “E”
3-LED (165W) 1.2 33 67
Illuminated Signs
Type “G”
2-SNB 4.0 0 100
141
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 5 FOR SR-55 & SR-73 - COST DISTRIBUTION = 100% STATE ON OPERATIONS & MAINTENANCE; 100% CITY ON ENERGY
Maintenance Energy
E0377 SR 55 Signal
055 Newport and Type “P” 100 100

1.01 Industrial Way
Intersection Light
Type “E”
6-LED 2.4 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
Maintenance Energy
E0378 SR 55 Signal
055 Newport and Type “P” 100 100

1.23 16th Street
Intersection Light
Type “E”
6-LED 2.4 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
142
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 6 Maintenance Energy
E0731 SR 55 Signal
055 Newport and Type “P” 100 100

1.45 17th Street
Intersection Light
Type “E”
5-LED 2.0 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
E0380 SR 55 Signal
055 Newport and Type “P” 100 100

1.67 Rochester
Intersection Light
Type “E”
5-LED 2.0 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
E0382 SR 55 Signal
055 Newport and Type “P” 100 100

1.82 Harbor Blvd
Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
3-SNB 6.0 100 100
143
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 7 Maintenance Energy
E0873 SR 55 Signal
055 Broadway Type “P” 100 100

1.89 Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
2-SNB 4.0 100 100
E0383 SR 55 Signal
055 Newport and Type “P” 100 100

2.02 19th Street
Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
4-SNB 8.0 100 100
E0895 SR 55 NB Signal
055 Baker Type “P” 100 100

5.31 Intersection Light
Type “E”
3-LED 1.2 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
144
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 8 Maintenance Energy
E0835 SR 55 SB Signal
055 Baker Type “P” 100 100

5.33 Intersection Light
Type “E” – 3-LED
Type “L” – 1-LED

1.2 0.4
100
100
100
100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
E0896 SR 55 NB Signal
055 Paularino Type “P” 100 100

5.50 Intersection Light
Type “E”
3-LED 1.2 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
E0587 SR 55 SB Signal
055 Paularino Type “P” 100 100

5.53 Intersection Light
Type “E”
3-LED 1.2 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
145
EXHIBIT “A”
Revised: Oct 10, 2025

CITY OF COSTA MESA

ELECTRICAL FACILITIES MAINTENANCE BY STATE

DISTRIBUTION OF COST

STATE OWNED AND MAINTAINED
E-Number
Route Cost Distribution
Post Mile Location Type of Facility Unit State (%) City (%) 9 Maintenance Energy
E1197 SR 73 Signal
073 Bear SB Type “P” 100 100

7.30 Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
E1299 SR 73 Signal
073 Bear NB Type “P” 100 100

7.30 Intersection Light
Type “E”
4-LED 1.6 100 100
Illuminated Signs
Type “G”
1-SNB 2.0 100 100
146

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-589 Meeting Date: 12/2/2025
TITLE:

ADAMS AVENUE BICYCLE FACILITY PROJECT (FROM HARBOR BOULEVARD TO FAIRVIEW ROAD), FEDERAL PROJECT NO. STPL-5312(108), CITY PROJECT NO. 25-11 DEPARTMENT: PUBLIC WORKS DEPARTMENT/TRANSPORTATION SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PAUL MARTIN, TRANSPORTATION SERVICES MANAGER (714) 754-5343
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt plans, specifications, and working details for the Adams Avenue Bicycle Facility Project (From Harbor Boulevard to Fairview Road), Federal Project No. STPL-5312(108), City Project No. 25-11, and find the project categorically exempt from CEQA.

2. Approve a Public Works Agreement (PWA) in the amount of $2,268,636, and a ten percent (10%) contingency in the amount of $226,864 to Excel Paving Company, 2230 Lemon Avenue, Long Beach CA 90806.

3. Approve a Professional Services Agreement (PSA) in the amount of $241,374 and a ten percent (10%) contingency in the amount of $24,137, to Z&K Consultants, Inc., 17130 Van Buren Blvd. #122, Riverside, CA 92504, for construction management and inspection support services for the Adams Avenue Bicycle Facility Project.

4. Authorize the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreements within Council authorized limits.

ENVIRONMENTAL DETERMINATION:

The proposed project is exempt from the California Environmental Quality Act (CEQA). The project involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. The proposed project is categorically exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and/or minor alteration of existing public facilities. A Notice of Exemption was prepared by City Staff, was posted to the Office of Planning and Research on August 3, 2023, and was filed and posted at the Orange County Clerk- Recorder Department on August 10, 2023.

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The proposed project is categorically excluded from the National Environmental Policy Act (NEPA).

Per the Code of Federal Regulations 23 CFR 771.117(c)(3), the construction of bicycle and pedestrian lanes, paths, and facilities are considered actions that meet the criteria for categorical exclusions from NEPA and are deemed to not have any significant environmental impacts. A Preliminary Environmental Study classifying the project as categorically excluded was submitted to the California Department of Transportation (Caltrans) on February 3, 2025. On March 20, 2025, Caltrans provided concurrence with the NEPA determination of Categorical Exclusion.

BACKGROUND:

The Adams Avenue Bicycle Facility Project (From Harbor Boulevard to Fairview Road), Federal Project No. STPL-5312(108), City Project No. 25-11 (Project), is a federally funded project that seeks to improve bicyclist accessibility and safety. It provides enhanced bikeways along Adams Avenue from Harbor Boulevard to Fairview Road that provide improved mobility consistent with the City’s adopted Active Transportation Plan (ATP).

The Project will narrow the raised center medians to provide enhanced bike facilities without reducing the number of vehicular lanes along Adams Avenue. From Harbor Boulevard to Pinecreek Drive, the project will construct new Cycle Track bikeways on both sides of Adams Avenue. From Pinecreek Drive to Fairview Road, the project will construct a new Cycle Track along eastbound Adams Avenue and a new Class II Buffered Bike Lane along westbound Adams Avenue adjacent to existing on-street parking. The Project will also include slurry seal, new landscaping and irrigation, new streetlighting, green bicycle markings, and traffic signal and bikeway modifications at the intersection of Adams Avenue and Fairview Road.

The new bicycle facilities will connect to the City’saward-winning multi-use bicycle and pedestrian pathways constructed at the intersection of Adams Avenue and Pinecreek Drive that finished construction in May 2025. These new improvements will create a continuous low-stress bikeway from Harbor Boulevard to Fairview Road and will improve mobility and connectivity to Orange Coast College (OCC) and the surrounding neighborhoods.

The Project is being implemented in partnership with OCC. Staff made presentations to the OCC Facilities Committee during various stages of design and received support for project implementation.

The City’sActive Transportation Committee (ATC) also reviewed the project design plans at various stages and provided input and approval for the Project. A community outreach meeting was also held for the project during the design phase, where the public voiced support and provided input.

The contractor is required to complete all tasks necessary to perform the scope of work as outlined in the contract documents, plans, and specifications. A copy of the specifications and working details are available for review in the Office of the City Clerk.

City Staff issued a Request for Proposals (RFP) to select a well-qualified consultant to lead the construction management and inspection operations of this project. A copy of the RFP is available for review in the Office of the City Clerk.

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ANALYSIS:

Project Construction:

The City received and opened six (6) bids for this project on October 15, 2025. Excel Paving Company (Excel), is the apparent low bidder with a base bid proposal of $2,268,636. The bid abstract for this project is included as Attachment 1.

Staff analyzed the bid proposal submitted by Excel and found no errors or irregularities. Staff recommends that the City Council authorize and award a construction contract to the apparent lowest bidder, Excel Paving Company. The license and references of Excel have been checked and staff has found them to be in good standing.

Upon City Council authorization to execute the Public Works Agreement (PWA), (Attachment 2) Excel will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. After the award and subsequent execution of the agreement, a “Noticeto Proceed”will be issued.

Project Construction Management and Inspection Support:

On September 5, 2025, the City issued a Request for Proposals (RFP) for Construction Management and Inspection Support Services for the Adams Avenue Bicycle Facility Project. Eleven (11) consultant proposals were received on September 23, 2025.

Proposals were reviewed for compliance with the City’sRFP process, and the proposed consultants were evaluated based on project understanding, depth of experience, technical expertise, and associated evaluation criteria. The City’s evaluation and selection process was conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. During the evaluation process, the following criteria was used:

1. Project Approach, Scope, & Methodology ------------------------------------- 20%

2. Qualifications, Organization & Key Staff Experience ------------------------ 40%

3. Experience and Record of Success on Similar Federal Projects --------- 30%

4. Cost Effectiveness -------------------------------------------------------------------- 10% After careful review of the proposals, the evaluation team determined the top three ranked consultants (in order):

1. Z&K Consultants, Inc. (Z&K)

2. Interwest Consulting Group, Inc.

3. Reddy Engineering
Staff determined that the highest-ranked consultant, Z&K, is well qualified to perform the requested construction management and inspection support services for the project. The proposal showed that Z&K has a thorough understanding of the project and the contract documents. They identified potential issues that could arise in construction and provided recommendations tailored specifically

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potential issues that could arise in construction and provided recommendations tailored specifically for the project to address those issues. Z&K’sproposed team consists of a construction manager and inspector who both have experience working on numerous federally funded projects administered through Caltrans. Z&K’s proposal showcased many federally funded projects they have assisted other cities with and included detailed information regarding the scope of those projects. The fees proposed by Z&K were determined to be very competitive and commensurate with the requested services.

The second highest ranked consultant, Interwest Consulting Group, was qualified to perform the construction management and inspection support services. They proposed the same construction manager and inspector that worked on the recently completed Adams Avenue and Pinecreek Drive Intersection Project, and they have experience working on federally funded projects. During the evaluation, however, staff discovered that Interwest had made a mistake in their understanding of the work duration of the project, which significantly increased their fees and negatively affected their overall score.

As the third highest ranked consultant, Reddy Engineering proposed a well-organized project team with some experience working on federally funded projects in San Diego County. They did a good job of providing details about their involvement in various projects and the challenges that they faced and addressed during each project. Reddy Engineering, however, did not provide adequate details and examples about the federally funded projects and their scope of services, providing only cursory mentions of the federal requirements for the project.

Therefore, staff recommends that the City Council authorize the execution of a Professional Services Agreement (PSA) with Z&K Consultants, Inc., (Attachment 3) in the amount of $241,374 for construction management and inspection support services.

Contingency:

Staff requests approval of a ten percent (10%) contingency for both the construction and construction management agreements for unforeseen costs that may arise.

Community Workforce Agreement:

The Adams Avenue Bicycle Facility Project is subject to the Community Workforce Agreement (CWA). The City Council approved the CWA on February 1, 2022, in order to promote efforts to increase employment opportunities for residents of Costa Mesa and to facilitate training and employment for the City’sstudents and veterans in the construction trades through apprenticeships and to encourage efficiency in construction operations. Previous CWA-administered capital improvement projects include the Adams Avenue Improvement Project, the Fire Station No. 4 Training Tower and Site Improvements Project, and the Citywide Parkway Maintenance Street Rehabilitation and Slurry Seal Project.

On March 7, 2023, the City Council awarded a Professional Services Agreement (PSA) to The Solís Group (Solís) to assist the City in administering the CWA. Solís will render its services to manage the provisions of the CWA for this project, including the preparation and submission of the final report.

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ALTERNATIVES:

The alternative would be to reject all bids, re-advertise, and re-bid the construction project. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project and adversely affect the project’sfederal grant funding. In addition, the alternative to reject all proposals and re-advertise the RFP for construction management services will not result in lower cost proposals and will only delay the project delivery.

FISCAL REVIEW:

The funding for the construction and construction management, inclusive of the 10% contingency, for a total amount of $2,761,011 is available in the FY 2025-26 Capital Improvement Program budget, consisting of Surface Transportation Block Grant (STBG) in the Federal Grant Fund (Fund 230), Traffic Impact Fee (TIF) Fund (Fund 214), and Regional Measure M2 Fairshare Fund (Fund 416).

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this agenda report, prepared the agreements, and approves them all as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This project works toward achieving the following City Council goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Maintain and enhance the City’s facilities, equipment, and technology. · Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends that the City Council:

1. Adopt plans, specifications, and working details for the Adams Avenue Bicycle Facility Project (From Harbor Boulevard to Fairview Road), Federal Project No. STPL-5312(108), City Project No. 25-11, and find the project categorically exempt from CEQA.

2. Approve a Public Works Agreement (PWA) in the amount of $2,268,636, and a ten percent (10%) contingency in the amount of $226,864 to Excel Paving Company, 2230 Lemon Avenue, Long Beach, CA 90806.

3. Approve a Professional Services Agreement (PSA) in the amount of $241,374 and a ten percent (10%) contingency in the amount of $24,137, to Z&K Consultants, Inc., 17130 Van Buren Blvd. #122, Riverside, CA 92504, for construction management and inspection support services for the Adams Avenue Bicycle Facility Project.

4. Authorize the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreements within Council authorized limits.

151
City Total Base Bid
LONG BEACH $2,268,636.00
SANTA ANA $2,650,742.50
COMPTON $2,665,360.35
RIVERSIDE $2,816,440.00
YORBA LINDA $2,828,000.00
CORONA $3,331,133.30
$2,760,052.03

BID RESULTS

3. ALFARO COMMUNICATIONS
CONSTRUCTION, INC.

BID OPENING RESULTS: OCTOBER 15, 2025
ATTACHMENT 1

PUBLIC WORKS DEPARTMENT

ADAMS AVENUE BICYCLE FACILITY PROJECT (BETWEEN HARBOR TO

FAIRVIEW)
FEDERAL PROJECT NO. STPL-5312(108)
CITY PROJECT NO. 25-11

CITY OF COSTA MESA

AVERAGE

5. ONXY PAVING COMPANY, INC.

Bidder

4. ANEEN CONSTRUCTION

5. ALL AMERICAN ASPHALT

1. EXCEL PAVING COMPANY

2. VIDO SAMARZICH, INC.
152
1 CITY OF COSTA MESA
PUBL

IC WORKS AGREEMENT FOR
CITY PROJECT NO. 25-11
T
HIS PUBLIC WORKS AGREEMENT (“Agreement”), dated December 2, 2025 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and PALP, INC. DBA EXCEL PAVING COMPANY, a California corporation (“CONTRACTOR”).

W
HEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and
W
HEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and
W
HEREAS, CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and
W
HEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

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

1. SCO
PE OF WORK.

The s
cope of work generally consists of construction of Class II Buffered Bicycle Lanes and Class IV Cycle Tracks along Adams Avenue from Harbor Boulevard to Fairview Road. The project work includes but is not limited to mobilization, traffic control, erosion control, procurement and application of Slurry Seal Type II with 2.5% latex, crack sealing; notification to businesses and residents; traffic signing; striping and markings, landscaping and irrigation, median modifications, and installation of pavement markers (the “Work”).

The W
ork is further described in the “Contract Documents” referred to below.

The P
roject is known as the Adams Avenue Bicycle Facility Project, (between Harbor Boulevard and Fairview Road), Federal Project No. STPL-5312 (108), City Project No. 25-11 (the “Project”).

2. CO
NTRACT DOCUMENTS.

The c
omplete Agreement consists of the following documents relating to the Project:
(a) This Agreement;
ATTACHMENT 2
153
Project and Specification
Federal Project No. STPL – 5312 (108)
City Project No. 25-11

2 (b) CONTRACTOR’s bid, attached hereto as Exhibit “ A” and incorporated herein; and

(c) Bid package, including, but not limited to, notice inviting bids, Bid Addendum Nos. 1 and 2, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. The bid package is attached hereto as Exhibit “B” and incorporated herein; and

(d) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond, attached hereto as Exhibit “C”; and

(e) Drug-Free Workplace Policy, attached hereto as Exhibit “ D” and incorporated herein; and

(f) Federal funding supplement (Davis Bacon Act and equal opportunity clause) as attached hereto as Exhibit “E” and incorporated herein; and

(g) Required Contract Provisions for Federal -Aid Construction Contracts (Caltrans Local Ass istance Procedures Manual Exhibit 12- G Required Federal-Aid Contract Language, unmodified Form FHWA-1273, as required per 23 CFR 633.102(b), and Title VI Assurances Appendices A and E), as attached hereto as Exhibit “F” and incorporated herein. The Contractor shall insert Form FHWA-1273 and Title VI Assurances Appendices A and E in all subcontracts and further require their inclusion in all lower tier subcontracts as required by 23 CFR 633.102(e); and

(h) The Federal Prevailing Wage Determinations issued under the Davis - Bacon and related Acts applied for this project attached hereto as Exhibit “G” and incorporated herein. If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid; and

(i) Certificates of insurance as attached hereto as Exhibit “ H” and incorporate herein.; and

(j) Community Workforce Agreement (CWA) as attached hereto as Exhibit “I”.

The Agreement is subject to the terms and conditions contained in the Community Workforce Agreement for the Project. The Contractor shall comply with all terms and conditions contained in the CWA.

Any sub agreement entered into as a result of this Agreement shall contain all of the provisions of this clause.

The documents comprising the complete Agreement will be referred to as the “Contract Documents.”
154
Project and Specification
Federal Project No. STPL – 5312 (108)
City Project No. 25-11

3 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 Ramin Nikoui, 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.

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.
155
Project and Specification
Federal Project No. STPL – 5312 (108)
City Project No. 25-11

4 CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Two Million Two Hundred Sixty-Eight Thousand Six Hundred Thirty-Six Dollars ($2,268,636.00).

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 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 156
Project and Specification
Federal Project No. STPL – 5312 (108)
City Project No. 25-11

5 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 CONTRAC TOR 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.

CONTRACTOR shall commence the Work under the Contract within ten (10) days after date of Contract, and complete said work within ninety (90) working days from the commencement of such W ork unless legal extension is granted in accordance with the terms set forth in the project specifications.

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, 157
Project and Specification
Federal Project No. STPL – 5312 (108)
City Project No. 25-11

6 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 W ork 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 Five Thousand Two Hundred Dollars ($5,200.00) 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 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 158
Project and Specification
Federal Project No. STPL – 5312 (108)
City Project No. 25-11

7 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.

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 159
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8 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 suret y 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.

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 160
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9 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.

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 propert y 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.

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10 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.

(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; 162
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11 (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.”

(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 163
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12 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. CONTRA CTOR 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 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 wor ked 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 mo re 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 164
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13 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 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 employ ees, 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 employ ment 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.
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14 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 CONTRAC TOR 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: Ramin Nikoui

Notices required to be given to CONTRACTOR shall be addressed as follows:

PALP, Inc. dba Excel Paving Company
2230 Lemon Avenue
Long Beach, CA 90806
Attn: Curtis P. Brown III, President & CEO

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 166
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15 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. PERS 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 subcontr actors, 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 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 167
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16 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 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
City Manager

CONTRACTOR

__________________________________ Date: _____________________ Signature

__________________________________
Name and Title

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: _____________________ Ramin Nikoui
Project Manager

170

EXHIBIT A

CONTRACTOR’S BID

171

EXHIBIT B

BID PACKAGE

172

EXHIBIT C

BONDS

173

EXHIBIT D

DRUG-FREE WORKPLACE POLICY
174

EXHIBIT E

FEDERAL FUNDING SUPPLEMENT
(DAVIS BACON ACT AND EQUAL OPPORTUNITY CLAUSE)

175

EXHIBIT F

REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION

CONTRACTS

LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12-G REQUIRED

FEDERAL-AID CONTRACT LANGUAGE

AND

FORM FHWA-1273 (WITHOUT MODIFICATION) AS REQUIRED PER 23 CFR 633.102(b)

AND

TITLE VI ASSURANCES APPENDICES A AND E

176

EXHIBIT G

FEDERAL PREVAILING WAGE DETERMINATIONS ISSUED UNDER THE

DAVIS-BACON AND RELATED ACTS

177

EXHIBIT H

CERTIFICATES OF INSURANCE

178

EXHIBIT I

COMMUNITY WORKFORCE AGREEMENT

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH Z & K CONSULTANTS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 2 nd day of Dec ember 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and Z & K CONSULTANTS, INC., a California corporation (“Consultant”).

RECITALS

A. City proposes to utilize the services of Consultant as an independent contractor to provide construction management, inspection and materials testing services for the Adams Avenue Bicycle Facility project, as more fully described herein; and

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

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

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

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

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

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

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

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

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

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

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “ C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed Two Hundred Forty-One Thousand Three Hundred Seventy-Four Dollars ($241,374.00).
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2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

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

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibits “A,” and “B” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the p arties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other p arty may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 182
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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of twenty-four (24) months, ending on December 1, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one [1] additional one [1]-year periods upon mutual written agreement of both parties.

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

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

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

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

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent A.M. Best’s Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business a utomobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and 183
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property damage.

(c) Workers’ compensation insurance as required by the State of California.

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

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

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

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

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

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

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

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

5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or 184
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self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

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

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

6.0. GENERAL PROVISIONS

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

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

Z & K Consulting, Inc.
17130 Van Buren Blvd., No. 122
Riverside, CA 92504
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
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Tel: (951) 310-7470 Tel: (714) 754-5184
Attn: Brittany Duhn, PE, QSD/P Attn: Ramin Nikoui

Courtesy copy to:

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

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

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

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

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

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or 186
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authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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

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

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

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby 187
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agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributi on and/or employee contributions for PERS benefits.

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

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

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

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

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

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

6.17. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to 188
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Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

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

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

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

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

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

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

6.24. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

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

6.26. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event 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. 189
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6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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

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

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

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Cecilia Gallardo-Daly
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Ramin Nikoui
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

REQUEST FOR PROPOSALS

193

EXHIBIT B

CONSULTANT’S PROPOSAL

194
City of Costa Mesa
Construction Management and
Inspection Support Services for
Adams Avenue Bicycle Facility
Project (Federal Project No. STPL-
5312 (108), City Project No. 25-11)
September 23, 2025 195

COVER LETTER
September 23, 2025
City of Costa Mesa
Public Works Department
77 Fair Drive, Costa Mesa, CA 92626
Subject: Proposal for Construction Management and Inspection Services – Adams Avenue Bicycle Facility Project (City Project No. 25-11, Federal Project No. STPL-5312(108)) Dear Selection Committee,
Z&K Consultants, Inc. (Z&K) is pleased to submit our proposal to provide Construction Management, Inspection, and Materials Testing Services for the Adams Avenue Bicycle Facility Project. As a certified Small Business Enterprise (SBE), Z&K brings proven experience delivering federally funded roadway and multimodal improvements.

Project Approach, Scope & Methodology | The project includes slurry seal, crack sealing, signing and striping, median modifications, landscaping, irrigation, and pavement markers along Adams Avenue. Z&K Consultants will provide daily inspection and responsive management through Zack Faqih, PE, QSD/P, CBO, ICC, Resident Engineer, and Tom Verpooten, Senior Construction Inspector, who recently served as inspector on Costa Mesa’s 2024–2025 Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project #24-03. Our approach emphasizes proactive communication, QA/QC, and minimal disruption to the public.

Qualifications, Organization, & Key Staff Experience | Z&K has completed more than 100 municipal infrastructure projects in the past five years. Zack brings strong contract compliance and coordination expertise, while Tom contributes direct Costa Mesa experience. Converse Consultants will support our team as a trusted subcontractor for Materials Testing, ensuring full compliance with specifications and federal reporting requirements.

Experience and Record of Success on Similar Federal Projects | Our team has successfully delivered numerous federally funded projects requiring strict compliance with Davis-Bacon Act prevailing wages, DBE participation goals, and Buy America requirements. Z&K has consistently demonstrated the ability to provide accurate documentation, proactive issue resolution, and responsive communication to ensure timely delivery. This experience underscores our capacity to manage federally funded roadway and multimodal improvements on time, within budget, and in full compliance with all applicable regulations.

Commitment to the City | Together with Converse Consultants, Z&K will provide the City of Costa Mesa with an integrated, locally available team dedicated to delivering this project successfully within its 90 working day schedule.

As Principal-in-Charge and authorized representative, I am authorized to sign and submit this proposal on behalf of Z&K Consultants, Inc. This proposal is a firm offer and shall remain valid for 180 days from the submittal date. Our services will be managed from our Riverside office at 17130 Van Buren Blvd., Suite 122, Riverside, CA 92504, Phone: (951) 310-7470, ensuring proximity to Costa Mesa with dedicated project personnel available locally throughout construction. We appreciate the opportunity to continue serving the City of Costa Mesa and look forward to the successful delivery of the Adams Avenue Bicycle Facility Project.

Sincerely,

Crystal Fraire, PE, President (Principal-in-Charge)
17130 Van Buren Blvd. #122, Riverside, CA 92504
P (951) 310-7470 | [email protected]
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TABLE OF CONTENTS
Cover Letter ...................................................................... Not Included in Page Count Background and Project Summary Section ............................................................... 1 Project Approach and Methodology ........................................................................... 2 Qualifications, Organization, & Key Staff Experience ............................................... 5 Scope of Services to be Provided ............................................................................. 14 Experience & Record of Success on Similar Federal Projects .............................. 15 Financial Capacity ...................................................................................................... 20 Fee Schedule ............................................................................................................... 20 Disclosure .................................................................................................................... 20 Checklist of Forms to Accompany Proposal ........................................................... 20 Appendices
Appendix A ............................................................................................................ Forms

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BACKGROUND AND PROJECT SUMMARY SECTION
The City of Costa Mesa is advancing the Adams Avenue Bicycle Facility Project to improve safety, accessibility, and multimodal connectivity along a key corridor in the community. Adams Avenue is classified as a Major Arterial and serves as an important east-west route, providing access to residential neighborhoods, local businesses, and Orange Coast College. The project is federally funded through the Orange County Complete Streets Program (OCCSP) grant in combination with City funds, and must comply with all applicable federal, state, and local requirements, including Davis-Bacon prevailing wage laws, DBE participation goals, Buy America provisions, and Caltrans Local Assistance Procedures Manual (LAPM) standards.

The project will enhance bicycle and pedestrian
connectivity near Orange Coast College and tie into the recently constructed Class I multi-use pathway at
Pinecreek Drive. A primary objective is to reduce
conflicts between vehicles and bicyclists by
constructing a Class IV cycle track with vertical
separation in the bike lane buffer. These improvements
reflect the City’s broader goals of providing safe,
sustainable, and user-friendly infrastructure that
supports active transportation and reduces congestion.

Construction is anticipated to begin in January 2026 and extend for approximately 90 working days.

Because of the project’s location adjacent to Orange Coast College, coordination will be essential to avoid conflicts with special events and high-traffic periods. Public outreach and communication with residents, businesses, and roadway users will also play a critical role in minimizing impacts and ensuring smooth project delivery.

Scope of Work | The project includes the following key improvements along Adams Avenue:
• Reconstruction and Median Modifications:

Reconstructing and narrowing the existing
medians along Adams Avenue to accommodate
the new bicycle facilities and landscaping
improvements.
• Class IV Cycle Track: Construction of a
separated Class IV cycle track with K71 bollards
to create a safe, dedicated space for bicyclists
and provide vertical separation from vehicular
traffic.
• Traffic Signal Modifications: Modifying the
traffic signals at the intersection of Adams
Avenue and Fairview Road to support the new
roadway configuration and bicycle safety
improvements.
• Pavement Treatments and Striping: Installing
green bicycle pavement markings, bike boxes,
and other traffic markings to clearly delineate
bicycle priority areas and improve visibility.
• Landscaping and Irrigation: Installing new
landscaping and irrigation systems within the
reconstructed medians to improve aesthetics,
reduce heat island effects, and support
sustainability.
• Street Lighting: Adding new street lighting
along the south side of Adams Avenue to
enhance safety and visibility for all roadway
users.
• Slurry Seal and Pavement Work: Applying
slurry seal (Type II with 2.5% latex), sealing
cracks, and preparing the roadway surface for
new striping and markers.
• Traffic Control, Public Outreach, &
Notifications: Implementing traffic control
measures to maintain safe vehicle, bicycle, and
pedestrian access during construction, along
with providing timely notifications to residents,
businesses, and Orange Coast College.

The total estimated construction cost is approximately $3.25 million. Collectively, these improvements will significantly upgrade Adams Avenue by providing safer, more accessible infrastructure for bicyclists and pedestrians, while maintaining existing traffic lanes and parking where feasible. This project represents a critical step in advancing the City’s Complete Streets vision and supporting long-term community mobility goals.

198

PROJECT APPROACH & METHODOLOGY
Z&K Consultants, Inc. is committed to delivering the Adams Avenue Bicycle Facility Project with a proactive, solutions-focused approach that emphasizes safety, compliance, and efficiency. Our methodology is rooted in a thorough understanding of the project’s objectives, potential challenges, and federal funding requirements. By combining experienced leadership, detailed inspection oversight, and clear communication with the City, Orange Coast College, and the community, we will ensure the project is completed on time, within budget, and to the highest standards of quality.

Understanding of Project and Objectives | Z&K Consultants recognizes that the Adams Avenue Bicycle Facility Project is a federally funded, time-sensitive investment in Costa Mesa’s multimo dal transportation network. Our team is familiar with the corridor’s role as a major arterial, its adjacency to Orange Coast College, and the need to balance roadway function with enhanced bicycle and pedestrian infrastructure. The City’s primary objectives are to improve safety, provide a Class IV separated cycle track, modernize traffic operations, and enhance median landscaping while minimizing disruption to residents, businesses, and roadway users. To achieve these objectives, Z&K’s methodology emphasizes proactive communication, strict compliance with Caltrans LAPM and federal requirements, and close coordination with City staff, Orange Coast College, and contractors.

Approach to Scope of Services
ü Pre-Construction: Conduct thorough reviews of PS&E, stormwater, and traffic control plans; participate in pre-construction meetings; establish control systems for documentation; and coordinate baseline schedules with the contractor.
ü Construction Oversight: Provide continuous inspection, enforce safety and compliance requirements, oversee quality assurance testing with Converse Consultants, and manage all RFIs, submittals, change orders, and claims.
ü Federal & City Compliance: Monitor DBE participation, enforce Davis-Bacon wage requirements, verify prompt payment to subcontractors, and prepare all required LAPM exhibits and forms. ü Community Coordination: Manage construction notifications and act as liaison with Orange Coast College and the business community to avoid conflicts with events or access. ü Project Close-Out: Prepare punch lists, confirm corrective work, oversee record drawings and as- builts, and complete all Caltrans and federal reporting requirements.

Anticipated Project Issues and Mitigation | Every construction project presents unique challenges that must be proactively addressed to ensure successful delivery. Z&K has carefully reviewed all project documents and conducted a site visit to identify potential risks associated with the Adams Avenue Bicycle Facility Project, and developed practical strategies to minimize their impact. Importantly, these approaches are informed by lessons learned from multiple projects we have successfully delivered for the City of Costa Mesa, where our team gained firsthand understanding of local conditions, stakeholder expectations, and City procedures. This experience allows us to anticipate issues early, apply proven solutions, and maintain project momentum from notice to proceed through close-out.

Potential Issue Impact on Project Mitigation Strategy
Coordination
with Orange
Coast College
Campus events, pedestrian volumes,
and traffic could disrupt access.

Coordinate with College staff, track
events, and adjust phasing as needed.

Traffic Control
& Safety
Heavy vehicle, bike, and pedestrian
use may cause hazards if traffic
control is poor.

Daily inspections, enforce CA MUTCD,
and at Adams/Fairview add protected
right-turn, bike heads, and “No Turn on
Red.”
Federal
Compliance
Errors in DBE, Davis-Bacon, or
MAWA could risk funding.

Maintain audit-ready records, submit
LAPM forms, and correct plant factor for
crape myrtle (L-1.2).

199
Utility Conflicts Utility lines and new trees/irrigation may clash with work.

Early utility meetings, use GPR (Title
Sheet), potholing before planting (L-2.1
to L-2.2), and sequence
electrical/landscape removals.

Schedule &
Budget
90-day timeline could be delayed by
weather, COs, or disputes.

Weekly updates, recovery plans, and
bid clarifications: add demob/final
cleanup (P-1), use SF for Items 7–9 (P-
1), and include “missing bid items”
clause (P-3).

Community
Outreach
Noise, dust, and access issues may
cause complaints.

Review notices, give updates, and
relocate trees to keep Controller B rain
sensor clear (L-1.2).

Irrigation &
Planting
Missing details, wrong valve ties, and
staking errors risk rework and water
budget issues.

Add legend refs (L-1.1), fix dripline (L-

1.1–L-1.3), clarify valves, size laterals,
provide pressure loss calcs (L-1.4), add
rain/flow/bubbler details (L-1.4), correct
staking (L-2.4), and show 36″ pit/root
barrier (L-2.4).

Electrical &
Lighting
Poor cutovers, outages, or underlit
zones may create hazards.

Provide Cobalt controller cutover plan,
temp fiber plan, penalties for outages,
add countdown heads with APS,
photometric study for south side, spare
2″ conduits at medians, and coordinate
removals.

Civil & General Missing bid items, unclear notes, and
poor transitions could raise claims.

Add “teacup” asphalt joins (Sheets 2–6),
revise median to 4″ concrete over 4″
CMB (Sheets 2–6), remove root balls 2′
below grade (Demo Note 11), remove
pavement to subgrade/recompact
(Removal Note 1), and add ADA
sidewalk transition detail (TP-5).

By drawing on our direct experience with the City o f
Costa Mesa, Z&K has developed targeted mitigation
strategies that are proven to work under local conditions.

Our lessons learned from past City projects , including recent street rehabilitation and slurry seal efforts, inform our approach to the Adams Avenue Bicycle Facility
Project and ensure that challenges are addressed
proactively. This experience-driven methodology will
protect the City’s schedule, budget, and funding while
delivering a safe and high-quality project.

Methodology for Success | Our methodology is built on
proactive problem-solving, clear communication, and
detailed documentation. The Resident Engineer will
serve as the City’s direct representative, supported by inspectors and QA/QC staff who will provide real-time
oversight and accurate reporting. We will use proven management systems, field-tested checklists, and federal-compliance protocols to ensure the City receives timely, accurate, and transparent project information.

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PROJECT SCHEDULE
Z&K Consultants has developed a preliminary schedule that aligns with the City of Costa Mesa’s project requirements and antic ipated timeline. The schedule reflects a logical sequence of activities beginning with pre-construction coordination, followed by t he 90-working day construction period, and concluding with post-construction close-out services.

The pre-construction phase will focus on plan and submittal reviews, utility coordination, public notifications, and the pre-construction meeting to ensure all stakeholders are aligned before field work begins. The construction phase will be structured to accommodate active roadway operations, minimize impacts to Orange Coast College, and maintain access for residents and businesses. Close-out will include punch list completion, verification of as-builts, and preparation of final federal and City reporting.

This schedule will serve as the foundation for tracking progress, identifying potential risks to timely delivery, and ensuring that recovery measures can be implemented if necessary. It will be regularly updated to reflect actual progress, weather impacts, utility adjustments, and any approved changes to the work. By approaching scheduling as a proactive management tool, Z&K will help the City achieve its objective of delivering the Adams Avenue Bicycle Facility Project on time and within budget.

Activity ID Activity Name Original Duration Start Finish CMA CITY OF COSTA MESA - ADAMS AVE BICYCLE FACILITY PROJECTCMA CITY OF COSTA MESA - ADAMS AVE BICYCLE FACILITY PROJECT 90 05-Jan-26 12-May-26 CMA.3 ADMINSTRATIONCMA.3 ADMINSTRATION 90 05-Jan-26 12-May-26 CMA.3.1 NTP CONTRACT MILESTONESCMA.3.1 NTP CONTRACT MILESTONES 90 05-Jan-26 12-May-26 C1005 CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 90 WORKING DA YS 90 05-Jan-26* 12-May-26 C1015 CONSTRUCTION START DATE NTP JANUARY 05, 2026 0 05-Jan-26* C1025 FEDERAL R EQUIREMENTS DOCUMENT A TION 0 05-Jan-26 C1035 SCE COORDINATIO N 0 05-Jan-26
CMA.3.2 PREPARE/SUBMIT/REVIEW SU BMITT ALSCMA.3.2 PREPARE/SUBMIT/REVIEW SU BMITT ALS 5 05-Jan-26 09-Jan-26 A1035 CONSTRUCTION SCHEDULE 0 05-Jan-26*
A1036 NOTIFICATION TO RESIDENTS/BUSINESSES 0 05-Jan-26* A1120 CONCRETE MIX DESIGNS 0 05-Jan-26*
A1130 ASPHALT MIX DESIGNS 0 05-Jan-26*
A1140 COLOR CONCRETE MEDIAN HARDSCAPE 0 05-Jan-26*
A1150 TYPE 2 SLURRY SEAL 0 05-Jan-26
A1160 STREET LIGHTING CONDUIT & TRAFFIC SIGNAL EQUIPMENT 0 05-Jan-26 A1170 IRRIGATION AND LANDSCAPING MA TERIALS 0 05-Jan-26 A1180 SIGNING AND STRIPING 5 05-Jan-26 09-Jan-26
CMA.11 CONSTRUCTIONCMA.11 CONSTRUCTION 90 05-Jan-26 12-May-26 CMA.11.2 BASE BIDCMA.11.2 BASE BID 90 05-Jan-26 12-May-26 A1410 MOBILIZATION 5 05-Jan-26* 09-Jan-26
A1420 REMOVE EXISTING TREES 10 12-Jan-26* 26-Jan-26
A1425 DEMOLITION/UNCLASSIFIED EXCA VA TION 20 27-Jan-26 24-Feb-26 A1427 INSTALL NEW MEDIAN CURBS, CURB RAMP 20 10-Feb-26 10-Mar-26 A1470 INSTALLATION OF CONDUIT AND MAINLINE 10 25-Feb-26 10-Mar-26 A1475 BACKFILL, HARDSCAPE & PA VING 10 11-Mar-26 24-Mar-26 A1480 LANDSCAPING AND IRRIGATION 15 25-Mar-26 14-Apr-26 A1485 TRAFFIC SIGNAL MO DI FI CATIONS 20 11-Mar-26 07-Apr-26 A1495 SLURRY SEAL 5 15-Apr-26 21-Apr-26
A1530 LAYOUT AND STRIPING 15 22-Apr-26 12-May-26
A1540 PUNCHLIST 10 29-Apr-26 12-May-26
Jan Feb Mar Apr May Jun Jul
2026
12-May-26, CMA CITY OF COSTA MESA - ADAMS A VE BICYCLE FACILITY PROJECT 12-May-26, CMA.3 ADMINSTRATION
12-May-26, CMA.3.1 NTP CONTRACT MILESTONES
CONSTRUCTION NTP - PROP OSED CONTRACT DURATION 90 WORKING DAYS CONSTRUCTION START DATE NTP JANUARY 05, 2026, 05-Jan-26* FEDERAL R EQUIREMENTS DOCUMENT A TION, 05-Jan-26
SCE COORDINATIO N, 05- Jan-26
09-Jan-26, CMA.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS
CONSTRUCTION SCHEDULE, 05-Jan-26*
NOTIFICATION TO RESIDENTS/BUSINESSES, 05-Jan-26*
CONCRETE MIX DESIGNS, 05-Jan-26*
ASPHAL T MIX DE SIGNS, 05-Jan-26*
COLOR CONCRETE MEDIAN HARDSCAPE, 05-Jan-26*
TYPE 2 SLURRY SEAL, 05-Jan-26
STREET LIGHTING CONDUIT & TRAFFIC SIGNAL EQUIPMENT, 05-Jan-26 IRRIGAT ION AND LANDSCAPING MA TERIALS, 05-Jan-26

SIGNING AND STRIPING
12-May-26, CMA.11 CONSTRUCTION
12-May-26, CMA.11.2 BASE BID

MOBILIZATION

REMOVE EXISTING TREES

DEMOLITION/UNCLASSIFIED EXCA VA TION

INST ALL NEW MEDIAN CURBS, CURB RAMP

INST ALLATION OF CONDUIT AND MAINLINE

BACKFILL, HARDSCAPE & PA VING

LANDSCAPING AND IRRIGATION

TRAFFIC SIGNAL MO DIFICATIONS

SLURRY SEAL

LAYOUT AND STRIPING

PUNCHLIST

CITY OF COSTA MESA

ADAMS AVE BICYCLE FACILITY PROJECT
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary

201

QUALIFICATIONS, ORGANIZATION, & KEY STAFF EXPERIENCE
Z&K Consultants, Inc. offers a proven team of professionals with the qualifications, technical expertise, and local experience necessary to successfully manage and inspect the Adams Avenue Bicycle Facility Project. Over the past five years, Z&K has delivered numerous roadway, multimodal, and federally funded infrastructure projects across Southern California, consistently meeting strict compliance requirements under Caltrans’ Local Assistance Procedures Manual (LAPM). Our organization is structured to provide strong leadership, responsive communication, and specialized expertise in inspection, labor compliance, materials testing, SWPPP, and traffic signal/electrical systems. With a Resident Engineer, Senior Construction Inspector, and dedicated support staff committed to this project, the City of Costa Mesa will benefit from a team that ensures high-quality work, accountability, and timely delivery.

ORGANIZATIONAL CHART
Z&K Consultants, Inc. has developed a project-specific organizational chart that establishes a clear chain of command and ensures all aspects of the Adams Avenue Bicycle Facility Project are fully supported. Our structure highlights the key personnel , including the Resident Engineer, Senior Construction Inspector, and Project Manager/Office Engineer , who will provide day-to-day leadership and continuity throughout the contract. The chart also reflects the inclusion of specialized staff in labor compliance, SWPPP/environmental oversight, traffic signal/electrical systems, and materials testing, as well as as-needed resources to address project-specific requirements. This organization provides the City of Costa Mesa with a dedicated, multi-disciplinary team capable of delivering the project efficiently, on schedule, and in full compliance with City, State, and Federal requirements.

Z&K has assembled a dedicated “A-Team” of highly qualified staff for the Adams Avenue Bicycle Facility Project. Our personnel are fully committed to this contract and will remain available throughout the project in alignment with the City’s schedule and construction needs. Z&K guarantees that staff will not be replaced without prior City approval, and we will reallocate hours when possible to provide cost savings while maintaining the highest standards of quality and compliance.

202

Organizational Qualifications & Relevant Experience | Over the past five years, Z&K has successfully delivered more than 100 roadway, multimodal, and federally funded infrastructure projects across Southern California. These include pavement rehabilitation, slurry seal, Class IV bikeway facilities, traffic signal upgrades, ADA improvements, and active transportation projects. Our work has consistently required strict compliance with federal requirements, including Davis-Bacon prevailing wage laws, DBE utilization, Buy America provisions, and Caltrans LAPM documentation. We are fully up to date with the latest LAPM requirements, including Chapter 5 (Invoicing), Chapter 9 (Civil Rights and DBE), Chapter 16 (Administer Construction Contracts), and Chapter 17 (Project Completion). This depth of experience demonstrates our competence to perform the construction management, inspection, and federal reporting services required for the Adams Avenue Bicycle Facility Project.

Leadership and Federal Project Management | The team is led by a Resident Engineer with a PE license and extensive experience managing federally funded projects administered through Caltrans.

His responsibilities have included oversight of construction administration, daily coordination with City staff, preparation of federal exhibits, and project close-out documentation. With proven experience in both roadway and active transportation improvements, he ensures that inspection and documentation meet Caltrans’ stringent requirements. His time is fully committed to this project, ensuring responsive leadership and proactive management from start to finish.

Team Disciplines and Specialized Expertise | Z&K has assembled a multidisciplinary team that brings together all of the disciplines necessary to support this project. In addition to the Resident Engineer and Senior Construction Inspector, the team includes a dedicated Project Manager/Office Engineer, a Labor Compliance Officer, SWPPP and environmental specialists, traffic signal/electrical inspectors, and certified materials testing technicians provided through Converse Consultants.

Additional resources such as surveyors, deputy inspectors, schedulers, and public outreach support can be deployed as needed. This broad range of expertise ensures that every aspect of the Adams Avenue Bicycle Facility Project is managed to the highest standard.

Staff Commitment and Availability | The project team has been carefully selected t o align with the scope and compliance needs of the Adams Avenue Bicycle Facility Project. All proposed personnel are fully available and dedicated to this contract for its entire duration. Staff hours will be deployed in accordance with the contractor’s schedule to provide consistent coverage during all active work, ensuring that the 90-working-day construction window is achieved. Z&K guarantees that personnel will not be removed or replaced without prior City approval, and we will reallocate hours where possible to achieve cost savings for the City. To further support budget control, Z&K employs earned-value tracking, weekly reconciliation of pay estimates, and QA/QC reviews of quantities and change orders to keep expenditures aligned with the approved budget.

Local Experience and Knowledge of Costa Mesa | Several members of our proposed team, including the Resident Engineer and Senior Inspector, have direct experience delivering projects for the City of Costa Mesa. This includes the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project (No. 21-03), the Jack Hammett Sports Complex Improvement Project, and the 2024–2025 Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project (No. 24-03). This prior work has provided our staff with familiarity with City standards, procedures, and expectations. By applying lessons learned from these projects, Z&K is able to anticipate challenges, streamline communication with City staff, and provide low-risk, high-value services tailored to Costa Mesa’s needs.

Quality Assurance and Documentation Control | Z&K maintains a robust internal Quality Assurance/Quality Control (QA/QC) program that ensures all inspection reports, testing results, federal forms, and project documentation are accurate, consistent, and audit-ready. The Resident Engineer, supported by the Project Manager/Office Engineer, will oversee daily reporting, while specialized staff will track DBE participation, labor compliance, and LAPM exhibits. Our process includes intern al reviews of pay estimates, RFIs, and change orders to confirm accuracy prior to City approval. This rigorous system provides the City with confidence in the integrity of project records and protects federal funding eligibility.

203

PROJECT TEAM
Z&K Consultants, Inc. is proud to present a project team of highly qualified professionals with direct experience in construction management and inspection of federally funded roadway and multimodal transportation projects. Each team member brings specialized expertise aligned with the requirements of the Adams Avenue Bicycle Facility Project, including Caltrans LAPM compliance, labor compliance oversight, quality assurance, and field inspection. Together, this team provides the City of Costa Mesa with the lead ership, technical knowledge, and proven track record needed to ensure the project is delivered on schedule, within budget, and to the highest standards of quality.

Zack Faqih, PE, QSD/P, ICC, CBO, Resident Engineer | Zack will serve as the Resident Engineer for this Project, providing overall leadership, contract administration, and daily coordination. A licensed Professional Engineer with extensive experience managing federally funded projects administered through Caltrans, Zack has a deep understanding of the Local Assistance Procedures Manual (LAPM), Davis-Bacon wage requirements, and DBE compliance. He has successfully managed multiple projects for the City of Costa Mesa, including the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project No. 21-03 and the Jack Hammett Sports Complex Improvement Project. In both roles, Zack provided hands-on leadership, ensuring contract compliance, oversight of field operations, and accurate documentation. His proactive management style and proven record on similar roadway and active transportation projects make him ideally suited to serve as Resident Engineer for this contract.

Tom Verpooten, QSP, ICC Cert., Senior Construction Inspector | Tom will provide daily field inspection and documentation of construction activities. He has extensive inspection experience on roadway and slurry seal projects and recently served as the inspector on the City of Costa Mesa’s 2024–2025 Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project #24-03. His familiarity with Costa Mesa standards and expectations provides valuable continuity for this project. Tom’s expertise includes slurry seal, pavement rehabilitation, striping, ADA curb ramps, traffic control, and materials compliance. He will ensure contractor work meets specifications, maintain detailed daily reports, and serve as a responsive point of contact in the field.

Adrian Galinari, Project Manager / Office Engineer | Adrian will support project documentation, scheduling, and coordination as the PM/OE. He brings experience in construction administration, progress tracking, and compliance documentation for municipal infrastructure projects. Adrian will manage submittal logs, prepare meeting minutes, assist with contractor schedule reviews, and ensure all records are properly maintained in accordance with City and Caltrans requirements. By supporting the Resident Engineer and inspection staff, Adrian helps maintain accurate reporting, timely communication, and smooth project workflow.

Amber Garcia, Labor Compliance Officer | Amber will oversee labor compliance and federal reporting for the project. She has hands-on experience with certified payroll review, employee interviews, and Davis-Bacon prevailing wage requirements. Amber will ensure contractors and subcontractors comply with wage determinations, apprenticeship requirements, and EEO postings. She will also manage the preparation and submission of labor compliance documentation required by Caltrans LAPM, including certified payroll checks and Exhibit forms.

Converse Cons ultants, Material Testing Subconsultant | Founded in 1946, Converse Consultants is an employee-owned corporation with 9 offices and more than 150 staff nationwide. Their team includes geotechnical engineers, geologists, environmental scientists, deputy inspectors, and certified laboratory and field technicians. Converse provides comprehensive materials testing and inspection services to support construction quality, compliance, and safety.

204

Zack is a licensed Professional Engineer with extensive experience managing federally funded roadway, multimodal, and active transportation projects administered through Caltrans. He specializes in construction management, inspection oversight, and federal compliance, including Davis-Bacon prevailing wages, DBE utilization, Buy America provisions, and LAPM
documentation. Zack has successfully served as Resident Engineer on multiple projects for the City of Costa Mesa, including the Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project No. 21-03 and the Jack Hammett Sports Complex Improvement Project, where he provided leadership in contract administration, field oversight, and project
documentation. His proactive management style, deep technical knowledge, and hands-on experience with Caltrans procedures ensure strong oversight, timely reporting, and seamless coordination with City staff, contractors, and stakeholders. Zack was the Senior Construction Manager/Resident Engineer on the following projects:

EXPERIENCE
City of Cathedral City, HSIP 9A Safety Improvements, Federal Project No.: HSIPL-5006(920) | This federally funded Highway Safety Improvement Program project focused on roadway and intersection safety enhancements. Improvements included traffic signal modifications, new signing and striping, ADA-compliant curb ramps, and upgraded pedestrian crossings to improve accessibility and visibility. The project also required Caltrans LAPM compliance, DBE participation, Buy America provisions, and Davis-Bacon prevailing wages.

City of Alhambra, Pedestrian Countdown Signal Head
Installation Project, Federal Project No.: HSIPL-5130(022) | This federally funded project upgraded intersections citywide with the removal of existing pedestrian signal heads and installation of new LED pedestrian countdown modules. Work included traffic control and staging, electrical and signal upgrades, pavement restoration, and striping. The project was delivered in compliance with Caltrans LAPM requirements, Davis-Bacon wage standards, Buy America provisions, and DBE participation goals.

City of El Segundo, El Segundo Boulevard Improvement
Project (PW 23-02) | This corridor improvement project provided multimodal upgrades along El Segundo Boulevard. The scope included pavement rehabilitation, traffic signal modifications, ADA- compliant curb ramps, and pedestrian crossing enhancements.

The project also introduced new signing and striping, including Class II striped bike lanes, to improve cyclist safety and mobility.

Zack Faqih, PE, QSD/QSP, ICC, CBO, MSCE

Senior Construction Manager

PROFESSIONAL

REGISTRATION
» Professional Engineer, P.E.

State of California, C57958
» SWPPP (QSD) & (QSP)
Certificate # 22055

EDUCATION
» MSCE - Structures
Cal State Fullerton 2005
» BSCE - Civil /Transportation
Cal State LA 1985

CERTIFICATIONS
» Certified Accessibility
Inspector/Plans Examiner
» Certified Building Official
» Certified Plans Examiner
» Certified Mechanical
Inspector
» Certified Plumbing Inspector
» Certified Electrical Inspector
» OSHA 30 Hour
» State Certified HERS Rater
» Certified Emergency
Inspector
» C.G.B.P Certified Green
Building Inspector
» Certified Special Inspector for
Fire
Proofing
» Certified Special Inspector for

Structural Welding
» Certified Special Inspector for
Structural Steel
» Certified Special Inspector for
Reinforced Concrete

205

City of Corona, Citywide Street Pavement Rehabilitation Project (No. ST-2021-01) | This large- scale citywide program addressed roadway preservation and multimodal safety by implementing pavement rehabilitation, micromilling, slurry seal, and resurfacing across multiple corridors. The project integrated new Class II striped bike lanes with thermoplastic striping, green conflict-zone markings at intersections and driveways, and refreshed pavement markings and raised markers for improved cyclist visibility. Additional enhancements included ADA-compliant curb ramps, upgraded pedestrian crossings, and installation of solar-powered HAWK pedestrian hybrid beacons to increase safety for both pedestrians and bicyclists in high-traffic locations.

City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements (Federal Project No. HSIPL- 5282(049)) | A federally funded Highway Safety Improvement Program project that upgraded nine key signalized intersections throughout the City of Palm Springs. Improvements included complete traffic signal modifications, installation of video detection cameras, advanced dilemma zone detection systems, protected left-turn phases, and new pedestrian countdown heads to improve visibility and pedestrian safety. The project also added new signing and striping as well as ADA-compliant curb ramp replacements, all in accordance with Caltrans LAPM requirements and federal compliance standards.

These upgrades collectively improved multimodal safety, reduced collision risks, and modernized intersection operations across the city.

City of Pomona, Street Rehabilitation, Districts 1 and 6 (Federal Project No. STPL-5070(040)) | This federally funded rehabilitation project covered multiple corridors in two city districts, focusing on extending pavement life and improving accessibility. The scope included pavement resurfacing, new sidewalks, driveway approaches, curb and gutter replacement, and construction of ADA-compliant curb ramps to bring facilities into compliance with current standards. Traffic control improvements were also implemented to maintain safe travel during construction and after completion. The project required compliance with Caltrans LAPM procedures, DBE participation goals, Davis-Bacon prevailing wages, and Buy America provisions, ensuring that all federal requirements were met while providing long- lasting roadway and pedestrian enhancements.

City of Costa Mesa, Citywide Parkway Maintenance, Street Rehabilitation & Slurry Seal Project (No. 21-03) | This citywide pavement management program delivered roadway rehabilitation and slurry seal improvements across multiple residential and arterial streets. The project scope included slurry seal application, pavement rehabilitation, roadway striping, traffic control, and construction of ADA- compliant curb ramps. These improvements enhanced overall safety, accessibility, and roadway condition while extending the useful life of Costa Mesa’s pavement network. The program provided consistent upgrades across the community’s transportation system, balancing mobility needs for motorists, pedestrians, and cyclists.

City of Costa Mesa, Jack Hammett Sports Complex Improvement Project (No. 21-035) | A comprehensive sports facility improvement project designed to enhance accessibility, safety, and usability for the community. The project included ADA upgrades, pedestrian circulation improvements, parking lot resurfacing, new striping, and upgraded lighting systems to improve visibility and safety for evening events. Additional features included landscaping and irrigation system improvements to ensure long-term sustainability and reduced maintenance needs. These improvements modernized the facility, supported ADA compliance, and provided an upgraded recreational resource for residents and visitors.

Additional Projects:
ü City of Alhambra, FY 19-20, 20-21, & 21-22 Street Rehabilitation ü City of Compton, Annual Residential Street Rehab (Phase 1 & 2A) ü City of Downey, Woodruff Avenue Pavement Rehab. Project, Phase 1 ü City of Irwindale, 2021-2022 Resurfacing Project
ü City of Moreno Valley, Citywide Pavement Rehab Arterials and Collectors, Phase 2 ü City of San Marino, 2021 & 2022 Street Rehabilitation Program ü City of Torrance, 2024 Residential and Arterial Pavement Improvement, I-139/I-159

206

Tom is a Qualified SWPPP Practitioner (QSP) and ICC-certified Senior Construction Inspector with extensive experience in roadway rehabilitation, slurry seal, and active transportation projects. He specializes in daily inspection, documentation, pay quantity verification, and enforcement of contract compliance, with expertise in pavement rehabilitation, ADA curb ramps, striping, and traffic control.

For the City of Costa Mesa, Tom recently served as lead inspector on the 2024–2025 Citywide Parkway Maintenance, Street
Rehabilitation, and Slurry Seal Project #24-03, providing continuity and familiarity with City standards. His proven ability to manage federally funded inspection activities ensures quality, safety, and compliance for the Adams Avenue Bicycle Facility Project. Tom was the Senior Construction Inspector on the following
projects:

EXPERIENCE
City of Costa Mesa, 2024–25 Citywide Parkway Maintenance, Street Rehabilitation & Slurry Seal Project (Project No. 24-03) | A comprehensive citywide pavement maintenance and
rehabilitation program that improved roadway conditions across residential neighborhoods and major arterial corridors. The scope included slurry seal resurfacing, roadway rehabilitation, crack sealing, installation of ADA-compliant curb ramps, and new thermoplastic striping to enhance visibility and safety. Traffic control measures were implemented throughout construction to maintain access and minimize disruption. The project extended the service life of Costa Mesa’s pavement network while also improving accessibility and safety for motorists, pedestrians, and cyclists.

City of Pomona, Street Rehabilitation, Districts 1 and 6 (Federal Project No. STPL-5070(040)) | This federally funded rehabilitation project covered multiple corridors in two city districts, focusing on extending pavement life and improving accessibility. The scope included pavement resurfacing, new sidewalks, driveway approaches, curb and gutter replacement, and construction of ADA-compliant curb ramps to bring facilities into compliance with current standards. Traffic control improvements were also implemented to maintain safe travel during construction and after completion. The project required compliance with Caltrans LAPM procedures, DBE participation goals, Davis-Bacon prevailing wages, and Buy America provisions, ensuring that all federal requirements were met while providing long- lasting roadway and pedestrian enhancements.

City of Corona, Citywide Street Pavement Rehabilitation Project (No. ST-2021-01) | This large- scale citywide program addressed roadway preservation and multimodal safety by implementing pavement rehabilitation, micromilling, slurry seal, and resurfacing across multiple corridors. The project integrated new Class II striped bike lanes with thermoplastic striping, green conflict-zone markings at intersections and driveways, and refreshed pavement markings and raised markers for improved cyclist visibility. Additional enhancements included ADA-compliant curb ramps, upgraded pedestrian crossings, and installation of solar-powered HAWK pedestrian hybrid beacons to increase safety for both pedestrians and bicyclists in high-traffic locations.

LICENSES &

REGISTRATION
» ICC Soils Special Inspector
» ICC Commercial Building
Inspector
» Caltrans Various
Certifications
» QSP
» 30 Cal/OSHA
» Confined Space Training
» Fall Protection
» Traffic Control Safety

Tom Verpooten, QSP, ICC Cert.

Senior Construction Inspector

207

City of Carson, Citywide Pavement Rehabilitation and Slurry Seal Program | This large-scale citywide pavement program covered arterial, collector, and residential streets across all four districts of the city. The work included cold milling and overlay with asphalt rubberized hot mix (ARHM), replacement of damaged asphalt base, and placement of leveling course to restore pavement structure.

Improvements also included installation of traffic loop detectors, full traffic control per CA MUTCD standards, and new striping and pavement markings with adjustments for bike lane placement.

Additional scope items involved adjusting manholes, utility boxes, and survey monuments to grade, as well as clearing, grubbing, and localized drainage improvements.

City of Downey, Woodruff Avenue Pavement Rehabilitation Project | This corridor improvement project rehabilitated Woodruff Avenue between Firestone Boulevard and Washburn Road. The scope involved full-depth pavement reconstruction, repair of failed pavement areas, cold milling of existing asphalt, and placement of new asphalt concrete (AC) base course with an ARHM overlay. The project also replaced uplifted or damaged curbs, gutters, sidewalks, and driveways to restore ADA compliance and pedestrian safety. Additional features included installation of steel conduits and single-mode fiber optic cables for communication infrastructure, adjustments to manholes and valve covers, updated pavement striping and markings, and implementation of a comprehensive traffic control plan.

City of Laguna Beach, Zones 5 & 11A Street Slurry Seal and Rehabilitation Project | This project involved roadway surface improvements along El Toro Road (Zone 5) and within the Diamond- Crestview neighborhoods (Zone 11A). Work included mobilization, clearing and grubbing, saw-cutting, and removal of failed asphalt concrete pavement. Sections were ground and overlaid with new asphalt concrete, followed by the application of both Type I and Type II slurry seals. Additional improvements included replacement of asphalt berms and curbs, installation of Caltrans traffic loops, crack sealing, utility adjustments, stormwater pollution prevention measures, and updated pavement striping and markings. These upgrades improved durability, safety, and aesthetics for both neighborhood streets and a key arterial corridor.

City of Torrance, Green Alleys Project | This project focused on sustainable alleyway reconstruction to improve drainage, reduce urban runoff, and enhance neighborhood livability. The scope included demolition of existing alley pavement, installation of permeable concrete pavers, new concrete curb and gutter, and ADA-compliant access points. Stormwater improvements featured infiltration systems and subsurface drainage designed to meet regional water quality requirements. Additional work included utility adjustments, signage, and striping. The project supports the City’s sustainability goals by incorporating green infrastructure practices that improve stormwater management while extendin g pavement life and providing safer, more accessible alleys.

City of Cathedral City, HSIP 9A Safety Improvements, Federal Project No.: HSIPL-5006(920) | This federally funded Highway Safety Improvement Program project focused on roadway and intersection safety enhancements. Improvements included traffic signal modifications, new signing and striping, ADA-compliant curb ramps, and upgraded pedestrian crossings to improve accessibility and visibility. The project also required Caltrans LAPM compliance, DBE participation, Buy America provisions, and Davis-Bacon prevailing wages.

City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements (Federal Project No. HSIPL- 5282(049)) | A federally funded Highway Safety Improvement Program project that upgraded nine key signalized intersections throughout the City of Palm Springs. Improvements included complete traffic signal modifications, installation of video detection cameras, advanced dilemma zone detection systems, protected left-turn phases, and new pedestrian countdown heads to improve visibility and pedestrian safety. The project also added new signing and striping as well as ADA-compliant curb ramp replacements, all in accordance with Caltrans LAPM requirements and federal compliance standards.

These upgrades collectively improved multimodal safety, reduced collision risks, and modernized intersection operations across the city.

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Adrian is an experienced Project Manager and Office Engineer with a background in construction administration, project documentation, and compliance for municipal infrastructure projects. He specializes in managing submittals, RFIs, and change order logs, preparing meeting minutes, reviewing contractor schedules, and maintaining accurate project records in alignment with City and Caltrans requirements. Adrian supports the Resident Engineer and inspection staff by coordinating communication between the City, contractors, and stakeholders, ensuring timely responses and smooth project workflow. His organizational skills and knowledge of federal reporting requirements help keep documentation audit-ready and project milestones on track. Adrian’s ability to manage details while supporting field operations makes him a critical link in delivering the Adams Avenue Bicycle Facility Project efficiently, on sc hedule, and in compliance with federal funding requirements. Adrian was the Project Manager/Office Engineer on the following projects:

EXPERIENCE
City of El Segundo, El Segundo Boulevard Improvement Project (PW 23-02) | This corridor improvement project provided multimodal upgrades along El Segundo Boulevard. The scope included pavement rehabilitation, traffic signal modifications, ADA-compliant curb ramps, and pedestrian crossing enhancements. The project also introduced new signing and striping, including Class II striped bike lanes, to improve cyclist safety and mobility.

City of Cathedral City, HSIP 9A Safety Improvements, Federal Project No.: HSIPL-5006(920) | This federally funded Highway Safety Improvement Program project focused on roadway and intersection safety enhancements. Improvements included traffic signal modifications, new signing and striping, ADA-compliant curb ramps, and upgraded pedestrian crossings to improve accessibility and visibility. The project also required Caltrans LAPM compliance, DBE participation, Buy America provisions, and Davis-Bacon prevailing wages.

City of Alhambra, Pedestrian Countdown Signal Head Installation Project, Federal Project No.:

HSIPL-5130(022) | This federally funded project upgraded intersections citywide with the removal of existing pedestrian signal heads and installation of new LED pedestrian countdown modules. Work included traffic control and staging, electrical and signal upgrades, pavement restoration, and striping.

The project was delivered in compliance with Caltrans LAPM requirements, Davis-Bacon wage standards, Buy America provisions, and DBE participation goals.

City of Corona, Citywide Street Pavement Rehabilitation Project (No. ST-2021-01) | This large- scale citywide program addressed roadway preservation and multimodal safety by implementing pavement rehabilitation, micromilling, slurry seal, and resurfacing across multiple corridors. The project integrated new Class II striped bike lanes with thermoplastic striping, green conflict-zone markings at intersections and driveways, and refreshed pavement markings and raised markers for improved cyclist visibility. Additional enhancements included ADA-compliant curb ramps, upgraded pedestrian crossings, and installation of solar-powered HAWK pedestrian hybrid beacons to increase safety for both pedestrians and bicyclists in high-traffic locations.

Adrian Galinari
Project Manager/Office Engineer

EDUCATION
» Bachelor of Science, Civil
Engineering, California
Polytechnic State
University, Pomona

LICENSES &

REGISTRATION
» Caltrans Certifications
» 30 Cal/OSHA
» Confined Space Training
» Fall Protection
» Traffic Control Safety

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Amber is an experienced Labor Compliance Officer specializing in prevailing wage enforcement, certified payroll review, and federal labor compliance for public works projects. She has extensive knowledge of Davis-Bacon Act requirements, California Labor Code, DBE participation tracking, and Caltrans LAPM Chapter 9 compliance. Her responsibilities typically include reviewing and verifying certified payroll records, conducting worker interviews, monitoring apprenticeship utilization, and ensuring proper posting of wage determinations on active construction sites.

Amber has supported numerous roadway, pavement rehabilitation, and federally funded infrastructure projects throughout Southern California. She ensures that contractors and subcontractors remain in full compliance with labor regulations and prepares all required documentation for Caltrans and agency audits. Her attention to detail, thorough documentation, and proactive communication with contractors and City staff help protect funding eligibility while ensuring fair labor practices. Amber was the Labor Compliance Officer on the following projects:

EXPERIENCE
City of Cathedral City, HSIP 9A Safety Improvements, Federal Project No.: HSIPL-5006(920) | This federally funded Highway Safety Improvement Program project focused on roadway and intersection safety enhancements. Improvements included traffic signal modifications, new signing and striping, ADA-compliant curb ramps, and upgraded pedestrian crossings to improve accessibility and visibility. The project also required Caltrans LAPM compliance, DBE participation, Buy America provisions, and Davis-Bacon prevailing wages.

City of Alhambra, Pedestrian Countdown Signal Head Installation Project, Federal Project No.:

HSIPL-5130(022) | This federally funded project upgraded intersections citywide with the removal of existing pedestrian signal heads and installation of new LED pedestrian countdown modules. Work included traffic control and staging, electrical and signal upgrades, pavement restoration, and striping.

The project was delivered in compliance with Caltrans LAPM requirements, Davis-Bacon wage standards, Buy America provisions, and DBE participation goals.

City of Palm Springs, HSIP Cycle 9 Traffic Signal Improvements (Federal Project No. HSIPL- 5282(049)) | A federally funded Highway Safety Improvement Program project that upgraded nine key signalized intersections throughout the City of Palm Springs. Improvements included complete traffic signal modifications, installation of video detection cameras, advanced dilemma zone detection systems, protected left-turn phases, and new pedestrian countdown heads to improve visibility and pedestrian safety. The project also added new signing and striping as well as ADA-compliant curb ramp replacements, all in accordance with Caltrans LAPM requirements and federal compliance standards.

City of Pomona, Street Rehabilitation, Districts 1 and 6 (Federal Project No. STPL-5070(040)) | This federally funded rehabilitation project covered multiple corridors in two city districts, focusing on extending pavement life and improving accessibility. The project required compliance with Caltrans LAPM procedures, DBE participation goals, Davis-Bacon prevailing wages, and Buy America provisions, ensuring that all federal requirements were met while providing long-lasting roadway and pedestrian enhancements.

Amber Garcia
Labor Compliance Officer
Officer

EDUCATION
» Bachelor of Business
Administration – Long
Beach State University

LICENSES &

REGISTRATION
» 30-Hr. Cal OSHA
» Defensive Driving Training

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SCOPE OF SERVICES TO BE PROVIDED
Z&K will provide Construction Management, Inspection, and Materials Testing services to ensure the successful delivery of the Adams Avenue Bicycle Facility Project. Our team will verify compliance with City, State, and Federal requirements, including Davis-Bacon wages, DBE participation, Buy America provisions, and Caltrans LAPM. The following scope outlines our approach to project delivery.

A. Initial-Construction Phase | Z&K will begin
with a thorough review of the PS&E package to
identify potential constructability issues. Our
Resident Engineer will initiate the project control
system, review stormwater and traffic control
plans, and assist the City with public outreach. We
will review the contractor’s baseline schedule,
submittals, and utility notifications. A pre-
construction meeting will be held to establish
communication protocols, labor provisions, and
EEO requirements.

B. Construction Phase | During active
construction, Z&K will provide full-time inspection
and contract administration. Inspectors will
document daily activities, enforce compliance with
plans, specifications, and labor provisions, and
verify bid quantities for progress payments. We will
process RFIs, submittals, change orders, and
claims; review CPM schedules and progress
updates; and ensure the contractor submits all
federal forms required under the LAPM (Exhibits 9-
J, 9-P, 16-Z1, 17 -F, 17-O, FHWA-1391, etc.).

Federal compliance, including DBE participa tion
and CUF evaluations, certified payroll checks,
employee interviews, and prompt payment
monitoring will be strictly enforced. Z&K will also
manage utility coordination, review erosion control
measures and BMPs, and oversee quality
assurance testing through Converse Consultants.

C. Community Coordination | We will serve as
the City’s representative to OCC and the
businesses, ensuring construction activities do not
disrupt special events or property access. Z&K will
review and confirm public notices, maintain
records of business coordination, and ensure
access is preserved at all times. Our staff will
document all outreach efforts and respond to
inquiries promptly to minimize community impacts.

D. Traffic Control and Safety | Our team will
review contractor-prepared traffic control plans
and verify implementation in accordance with the
CA MUTCD, project specifications, and Caltrans
standards. We will monitor lane closures and
detours daily. Inspectors will be trained and
equipped with appropriate PPE, OSHA-approved
vests, white hard hats, radios, and digital cameras.

All safety procedures will comply with City, State,
and Federal requirements, while recognizing the
contractor’s responsibility for construction means
and methods.

E. Post-Construction Phase | As construction
concludes, Z&K will prepare and consolidate
punch lists, verify corrective work, and oversee
final acceptance. We will manage the preparation
of record drawings and as-builts, finalize claims
and change orders, and submit the Report of
Expenditures Checklist along with all final Caltrans
and federal reimbursement forms. DBE reporting
will be completed with Exhibits 17-F and 17-O, and
compliance will be cross-checked against the
original DBE commitments. All project files and
records will be transmitted to the City for archiving.

Z&K staff will also be available to support audits
and claims resolution as needed.

F. Miscellaneous Equipment, Vehicles, and
Tools | Z&K inspectors will be equipped with
dedicated vehicles meeting OSHA and City
requirements, including amber warning lights, fire
extinguishers, spare tires, and lockable toolboxes.

All vehicles will be kept in safe and presentable
condition. Staff will also be equipped with City-
approved nuclear gauges, testing equipment,
radios, and personal protective equipment suitable
for the project environment. Digital cameras will be
used to document all field activities, with photos
bound and archived with daily reports.

Deliverables will include daily inspection reports, federal reimbursement documentation, photo documentation, weekly progress meeting minutes, CPM schedule reviews, payroll and DBE compliance records, punch lists, as-built drawings, and final project close-out documents, all prepared in accordance with City and Caltrans LAPM requirements. By delivering these services, Z&K will provide the City of Costa Mesa with complete Construction Management, Inspection, and Materials Testing support throughout every stage of the Adams Avenue Bicycle Facility Project.