Agenda packet — Costa Mesa City Council, August 4, 2026 (part 3 of 4)

3. Esports Arena Definition
• Revise the definition by changing "electronic gaming" to "esports."

4. Department Name
• Clarify that any reference to the Development Services Department shall mean the Community Development Department.

5. Esports Terminology
• Correct the reference from "esports area" to "esports arena."

6. Accessory Food and Beverage Parking
• Eliminate the split parking calculation of:
 First 25% of gross leasable area: 1 space per 1,000 square feet. 600

Minutes – Costa Mesa Planning Commission Meeting – July 13, 2026- Page 6

 Remaining gross leasable area: 5 spaces per 1,000 square feet. • Replace with a single parking standard of 4 spaces per 1,000 square feet of gross leasable area.

7. Typographical Correction
• Correct the word "or" to "are" in the parking standards table.

8. Duplicate Language
• Remove the second paragraph of Note 3 , as it duplicates the language contained in Note 4.

9. Active Entertainment Standard
• Revise the indoor operations standard to specify that active entertainment uses shall be limited to a maximum of 15,000 gross square feet, clarifying that the limitation does not apply to amusement centers.

10. Fitness Use Classifications
• Increase the maximum size of a Small Fitness Studio from 2,500 square feet to 5,000 square feet.
• Revise the Fitness Studio category to begin at 5,000 square feet rather than 2,500 square feet.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas
Nays: None

Absent: Commissioner Dickson
Recused: None
Motion carried: 6-0

ACTION:

The Planning Commission adopted a resolution to:

1. Find that the proposed Zoning Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15305; and

2. Adopt a Resolution recommending that the City Council approve amendments to Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code to update land use classifications for various non-residential uses include but not limited to, persona l services, artisan studio and retail uses, active entertainment uses, event centers and assembly uses, specialized fitness studios, and other non-residential uses and standards with the following amendments:

1. Gross Floor Area Definition
• Revise the definition of Gross Floor Area to reflect the language presented on the meeting slide and strike the existing definition from the Municipal Code.
601

Minutes – Costa Mesa Planning Commission Meeting – July 13, 2026- Page 7

2. Amusement Center Definition
• Replace the reference to "active entertainment" with "amusement center" in the definition.

3. Esports Arena Definition
• Revise the definition by changing "electronic gaming" to "esports."

4. Department Name
• Clarify that any reference to the Development Services Department shall mean the Community Development Department.

5. Esports Terminology
• Correct the reference from "esports area" to "esports arena."

6. Accessory Food and Beverage Parking
• Eliminate the split parking calculation of:
 First 25% of gross leasable area: 1 space per 1,000 square feet.
 Remaining gross leasable area: 5 spaces per 1,000 square feet.
• Replace with a single parking standard of 4 spaces per 1,000 square feet of gross leasable area.

7. Typographical Correction
• Correct the word "or" to "are" in the parking standards table.

8. Duplicate Language
• Remove the second paragraph of Note 3 , as it duplicates the language contained in Note 4.

OLD BUSINESS: None.

NEW BUSINESS: None.

DEPARTMENTAL REPORTS:

1. PUBLIC WORKS REPORT – Mr. Yang announced the annual Concerts in the Park series and transportation accommodations associated with the events.

602

Minutes – Costa Mesa Planning Commission Meeting – July 13, 2026- Page 8

2. DEVELOPMENT SERVICES REPORT – Director Tai provided updates regarding:
• the City's response to recent housing legislation;
• the July 23 Fairview Developmental Center community meeting; • the July 27 Planning Commission study session on the Fairview Developmental Center Specific Plan;
• the potential August 17 special Planning Commission meeting concerning the "Neighborhoods Where We All Belong" initiative and Housing Element revisions;
• several upcoming Planning Commission and City Council hearings; • the City's Active Development Map, which allows the public to view active planning, building, and construction projects online.

CITY ATTORNEY REPORT:

1. CITY ATTORNEY REPORT – None.

ADJOURNMENT AT 8:14 p.m.

Submitted by:

________________________________

CARRIE TAI, SECRETARY

COSTA MESA PLANNING COMMISSION
603
a Outlook Pf-)2
Title13 Proposed Amendments
From Daniel Pietenpol <[email protected]>
Date Thu 7/9/2026 11:52 AM
To PC Public Comments < [email protected]> Dear Commissioners,
I was very honored to speak at the June 22nd meeting.

After reviewing the updated proposed amendments, I want to express my appreciation for your thorough review of the Small Fitness Studio and FAR sections. Both revised sections will encourage fairness, flexibility, and reasonable development.

Thank you for being responsive to your community.

Best regards,
Daniel Pietenpol
714-308-2708
CAUTION: This email originated from outside of the organization. Do not click links or open attachments rinless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. -1-
ATTACHMENT 9
604

CARON, MARTINA
From:

Sent:

To:

Subject:

Honorable Commissioners,
Daniel Pietenpol <[email protected]>
Thursday, June 18, 2026 2:53 PM
PC Public Comments
June 22, 2026 Meeting
'Pi'< 3
Thank 7ou far 70ur WOrkin reviewing and simplifying the Land use classifications within Title 13 or the Costa Mesa Municipal Code. As an owner of six buildings on Newport BouLevard in downtown Costa Mega, I appreciate 70ur EFFORTS tO adapt Our regulations to the evoLving retail Landscape.

I specificaLLy welcome the increased cLarityin the new definitions for Artisan Studios, PersonaL Services, and Physical Fitness Facilities. However, I would Like to request a review of the parking requirements for "Small Fitness Studios" compared to "Physical Fitness Facilities." Currently, both classifications require per 1,000 square feet (Table 13-89). While this ratio is appropriate for Large gyms, smaller studios typically host far fewer attendees-often training only two to three people at a time. Maintaining the same high requirement for these small businesses creates an undue hardship, particuLarLyin Downtown Costa Mesa where many older buiLdings have limited parking capacity. Furthermore, the high volume of pedestrians and cyclists in the downtown core naturalLy offsets the need for such intensive parking.

WOuld 70u consider reducing the requirement Tar Small FitneSS StudiOS tO 48 per 1,000 square feet? This adjustment would provide adequate parking whiLe significantly reducing the burden on small business owners and align better with other surounding cities. (See the chart beLow) Thank you for your time and consideration.

Best regards,
Daniel Pietenpol
714-308-2708
City FitnessType StudioType PersonalServices
SPACES per 1,000 square feet SPACES per 1,000 square feet SPACES per 1,000 sq NewportBeach 4 under2,000sqft 4 4
5 over 2,000 sq ft
Irvine 7 lspaceperl50sqff
FountainValley 4 5
HuntingtonBeach 5 5
10 if group instruction
1 -2-
605
ess you recognize the sender and knQWl tpe,cpnient i5 s@ie,3ep<3jgyq'[email protected] actiyjiiesto ther ortatiqp TecbpologyDepartment.
-3-
606
Th-3

PUBLIC COMMENT TO THE COSTA MESA PLANNING COMMISSION Re: Proposed Zoning Code Amendments and Electric Vehicle Cliarging Station Permitting Submitted by: Jim Fitzpatrick, SOLUTIONEER
Question for Commissioners:

Costa Mesa continues to commit "Economic Terrorism", against Business and Residents, will you help? Was this the cause of yet another Planning Commission Meeting cancellation, when there I sso much to talk about, and so many important decision?
In this case I had to contact a state agency to require City Staff to write compline Code, after significant delays in doing so. Is that OK with you?
Recommendations:

1. Recognize the "Economic Terrorism" and get involved

2. Mandate Staff bring forward Code cleanup on a quarterly basis instead of waiting years Summary
This comment concerns the City of Costa Mesa's treatment of electric vehicle (EV) charging stations in its proposed Zoning Code Amendments. California law requires cities to approve EV charging station permits through a streamlined, ministerial process. The City's May 18, 2026 Public Review Draft did the opposite. It proposed a discretionary Minor Conditional Use Permit for EV charging, which conflicts directly with state law and with the Attorney General's March 18, 2025 Legal Alert. After the Governor's Office of Business and Economic Development (GO-Biz) was contacted, the City revised the draft to permit EV charging by right and added dedicated code language. I am submitting this comment to document that sequence and to ask that the by- right, ministerial approach be preserved in the final ordinance.

The Governing State Law and the Compliance Timeline Two state statutes govern here. AB 1236 (Chiu, 2015), codified at Government Code section 65850.7, requires every city and county to adopt an ordinance that creates an expedited, streamlined, ministerial permitting process for EV charging stations, with review limited to health and safety. AB 970 (McCarty and Chiu, 2021), codified at Government Code section 65850.71, added binding timelines to that review, generally 20 business days for projects of 25 or fewer chargers and 40 business days for larger projects. The Legislature found that timely, cost- effective installation of EV charging stations is a matter of statewide concern and not a municipal affair, so these laws apply to all cities, including charter cities, and preempt conflicting local zoning.

On March 18, 2025, the California Attorney General issued Legal Alert OAG 2025-01 to all local planning directors, reminding cities that these laws are mandatory and identifying the most common violations. Two of those violations describe Costa Mesa's May 18, 2026 draft precisely: applying local zoning designations to EV charging permits, and requiring discretionary review such as a conditional use permit instead of streamlined ministerial approval. The Alert is a reminder of obligations that were already in force, not a new deadline. The City was required to have a compliant streamlining ordinance years before the Alert was issued and well before the May 18, 2026 draft was published.

References with brief summaries are listed at the end of this comment.

Page 1 of 3 ends

-4-
607
What the May 18, 2026 Draft Proposed
The Public Review Draft published May 18, 2026 contained requirements for a discretionary approval process rather than the ministerial process state law requires. The clearest example is the Citywide Land Use Matrix at

Page 53 ends

matrix structure, that designation forces an applicant into public notice, zoning administrator review, and the delay and discretion the streamlining laws were written to remoye.

Legend: P = Permitted by right (ministerial) MC = Minor Conditional Use Permit (discretionary) C = Conditional Use Permit (discretionaiy) Figxrre l Laird Use Arlatrix excerpt as proposed (Ma.si 18, 2026 dmft).

EV Charging Station (as proposed in May 18
draft)
What Changed After GO-Biz Was Contacted
On June 8, 2026, I emailed GO-Biz, the state agency that tracks EV charging streamlining compliance, asking who could help require City staff to bring the Zoning Code changes into line with state law. The email explained that, instead of following AB 1236 or the Attorney General's Legal Alert, the City was again proposing discretionary review through a Minor Conditional Use Permit, and it pointed to real-world consequences for charging projects already trying to open in Costa Mesa.

After GO-Biz reached out to the City, the draft was revised. EV charging is now treated as a by-right, permitted use, and dedicated code language was added that was entirely absent from the first draft:
@ Page 30, Primary Use: permitted by right.
@ Page 21, Accessoiy Use: permitted by right.
@ Page 53, Section 13-100.10: EV Cliarging Station language finally introduced.

Figure 2. Land Use A4atrix excerpt as r'evised after GO-Brz contact.

EV Cliarging Station (as revised affer GO-Biz
contact)
Figxnac 3. Eefore and after, by page.

Page 53 ends

Page 30 ends

Page 21 ends

Land Use Matrix listed EV Charging Station as a
discretionaty Minor Conditional Use Permit (MC).

No by-right primary use categoiy for EV charging.

No accessory-use treahnent for EV charging.

Primary Use permitted by right across applicable
districts.

Priinaiy Use, permitted by right.

Accessory Use, permitted by right.

Page 53 ends

Section 13-100.10, EV Charging Station, laztguage
introduced (absent from the first draft).

Page 2 of 3 ends

-5-
608
Request
I appreciate that the revised draft moves EV charging to a by-right, ministerial footing and adds the missing code section. I ask the Planning Commission to keep it that way. Specifically, please confirm that the final ordinance treats EV charging stations as permitted by right in every applicable district, as both a primary use and an accessory use; limits review to health and safety as required by Government Code section 65850.7; honors the AB 970 timelines in Government Code section 65850.71; and contains no discretionary conditional use permit, minor conditional use permit, design review, or aesthetic review for EV charging. These steps bring Costa Mesa into compliance with state law and end the delays that have driven charging projects out of the city.

References
Attorney General Legal Alert OAG 2025-01 (March 18, 2025). Statewide reminder to local planning directors that AB 1236 and AB 970 require streamlined, ministerial EV charging permits, and that discretionary review and local zoning designations applied to EV cliarging are unlawful.

Attorney General Press Release on the Legal Alert. Announcement of the Legal Alert, summarizing the state- mandated local program to streamline EV charging permits and the consequences of noncompliance.

AB 1236 Fact Sheet (Government Code section 65850.7). GO-Biz overview of the 2015 law requiring cities to adopt a streamlining ordinance and checklist and to limit EV charging review to health and safety.

Permitting EV Charging Stations, GO-Biz Best Practices (AB 970, Government Code section 65850.71 ). GO- Biz guidance describing the 2021 binding timelines added by AB 970 and best-practice ordinances and checklists for compliant jurisdictions.

Costa Mesa Zoning Code Amendments, Public Review Draft, May 18, 2026. The City draft at issue. See Page 53, the Land Use Matrix, wliere EV charging was proposed as a discretionary Minor Conditional Use Permit, along with the revised Pages 21, 30, and 53 noted above.

Page 3 of 3 ends

-6-
609
@ Outlook PH-l
FW: Julyl3, 2026 - Support for Title 13 Zoning Code Amendments (PCTY-26-0001) - Item PH-2 From CARON, MARTINA <[email protected]>
Date Mon 7/1 3/2026 3:16 PM
To COLGAN, JULIE <[email protected]>
For the PC.

Martina Caron, AICP
Planning Manager l Current Planning
City of Costa Mesa l Economic and Development Services Department (soon to be the Community Development Department)
77 Fair Drive l Costa Mesa l CA 92626
(office) (714) 754-5153
"The City of Costa Mesa serves our residents, businesses and visitors while promoting a safe, inclusive, and vibrant community."
rlO[a
Beginning July 1, 2026, the Economic and Deve/opment Services Department wigl begin undergoing a name change to become the Community Development Department.

PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL. THANK you.

From: George Sakioka <[email protected]>
Sent: Monday, July 13, 2026 3:14 PM
To: GREEN, BRENDA <[email protected]>; TAI, CARRIE <[email protected]>; GREGG, AMBER <[email protected]>; CARON, MARTINA <[email protected]> Cc: Mark Sakioka <[email protected]>
Subject: July 13, 2026 - Support for Title 13 Zoning Code Amendments (PCTY-26-0001) - Item PH-2 Dear Chair Harlan and Commissioners,
I want to express our appreciation for staff's work to update Costa Mesa's zoning framework and our general support for the proposed updates to Title 13.

We support efforts to streamline the development process. Clearer classifications and definitions reduce uncertainty for property owners and tenants, improve consistency and efficiency in review, and make it easier to reinvest in and modernize existing properties-the kind of responsible, well-managed growth that benefits the broader community.

We defer to staff's expertise on the specific standards and thresholds and appreciate the balance between flexibility and the City's long-standing planning and compatibility objectives.

We're glad to remain a constructive resource as this moves forward. -7-
610
Thank you for your consideration.

Best always,
George
George M.K. Sakioka
Sakioka Company, LLC
14850 SunflowerAvenue
Santa Ana, CA 92707
714-545-8611
qmks(a)sakioka.com
@ SAKIOKA COMPANY
NOTICE OF CONFIDENTIALIIY: The information contained in this communication (and any attachments) is intended solely for the use of tlie individual or entity to whom it is addressed. It may contain confidential or legally privileged information. If you are not the intended recipient, yorir disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately, then delete this communication and any attachment.

CAUTION: This email originated from outside of the organization. Do not click links or open attacbments unless you recognize the sender and know the content is safe. Report any suspicioris activities to the Information Technology Department. -8-
611

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-367 Meeting Date: 8/4/2026
TITLE:

CONTINUATION REQUEST OF THE CONSOLIDATED MASTER FEE SCHEDULE DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: ANNA ACOSTA-REYES, FINANCE MANAGER
CONTACT INFORMATION: ANNA ACOSTA-REYES, FINANCE MANAGER, (714) 754-5243 RECOMMENDATION:

Staff recommends the City Council open the public hearing and continue the item to the September 15, 2026, meeting, pursuant to department’s request.

BACKGROUND:

The item was previously agenized for the August 4, 2026, City Council Meeting. Prior to the meeting, but before the agenda was published, staff requested to continue the item to the September 15, 2026, City Council Meeting.

ANALYSIS:

Staff requests that the public hearing be continued to a date certain to the September 15, 2026, City Council Meeting. Staff will present the item at the September 15, 2026, Meeting.

ALTERNATIVES:

There are no recommended alternatives.

FISCAL REVIEW:

The fiscal review will be included as part of the September 15, 2026, report.

LEGAL REVIEW:

The legal review will be included as part of the September 15, 2026, report.

CITY COUNCIL GOALS AND PRIORITIES:

The priorities will be included as part of the September 15, 2026, report.

CONCLUSION:

The item will be presented at the September 15, 2026, City Council Meeting.

Page 1 of 1 ends

612

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-362 Meeting Date: 8/4/2026
TITLE:

PARKS AND COMMUNITY SERVICES COMMISSION ANNUAL REPORT
DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: BRIAN GRUNER, PARKS AND COMMUNITY SERVICES CONTACT INFORMATION: BRIAN GRUNER, PARKS AND COMMUNITY SERVICES DIRECTOR, (714) 754-5009
RECOMMENDATION:

Staff recommends the City Council receive and file the Parks and Community Services Commission annual report, Attachment 1.

BACKGROUND:

On August 20, 1990, the City Council approved the creation of the Parks, Recreation Facilities and Parkways Commission, a seven-member body. On May 20, 2002, the City Council renamed the commission to the Parks and Recreation Commission and reduced its membership to five members.

In 2019, the commission was renamed the Parks, Arts and Community Services Commission and expanded to seven members. In 2022, following the establishment of the Arts Commission, the commission was renamed the Parks and Community Services Commission, maintaining a seven- member structure. The role of the commission is defined in Municipal Code 12-71, Attachment 2.

The Commission and Committee Member Handbook, p. 23, defines the reporting out of Commission and Committee activities, recommendations, forthcoming work and funding requests through an “Annual Report”. At the April 23, 2026, PACS Special Meeting, the Commission was introduced to the annual City Council presentation process and discussed the key topics and accomplishments to be included in the presentation. Chair Brown and Vice Chair Wright compiled the Commission’s presentation input and drafted a presentation outline.

At the May 21, 2026, PACS Special Meeting, the draft presentation outline was presented and discussed. Commissioners were invited to submit final comments at the June 11, 2026, regular meeting, and the presentation outline was revised to incorporate the Commission's feedback. With the final feedback received, Chair Brown and Vice Chair formulated the PACS Annual Report presentation.

Page 1 of 3 ends

613
File #: 26-362 Meeting Date: 8/4/2026
ANALYSIS:

Each year, the Parks and Community Services Commission meets monthly to discuss and make decisions on a variety of items related to Parks and Community Services, which includes but is not limited to recreational programming, recreation fees, special events, park and parkway-related tree appeals and capital improvement projects pertaining to parks.

The Commission’sfocus this year was to create more meaningful opportunities for Commissioners to contribute to policy and decision making and to improve Commissioners’ education, so recommendations are informed, thoughtful, and data driven.

Highlighted accomplishments for FY 2025-26:
1) Developed a commission evaluation, CIP Values and Goals, to help provide formal commission recommendations to City Council for future Capital Improvement Park Projects. 2) Reviewed and approved seven (7) memorial donations
· Four (4) at TeWinkle Park
· One (1) at Brentwood Park
· One (1) at Estancia Park
· One (1) at Tanager Park
· One (1) at Canyon Park
· One (1) at Fairview Park
3) Provided recommendations for the Skate Park conceptual designs. 4) Approved the conceptual design improvements for Brentwood Park. 5) Provided recommendations for the Fairview Park Master Plan Update and the Fairview Development Center for the City Council.
6) Reviewed the City’s Urban Canopy and Park Assessment. 7) Provided CIP budget recommendations for City Council Review for FY 2026-27 and five-year CIP budget for FY 2030-31.
8) Presented to City Council FY 2026-27 CIP recommendations on March 31, 2026. 9) Provided recommendations for Senior Transportation Program Areas of focus for FY 2026-27 for the Parks and Community Services Commission:

1. Present an Annual Working Plan to Council.

2. Assess and review the Community Garden program to enhance community opportunity.

Page 2 of 3 ends

614
File #: 26-362 Meeting Date: 8/4/2026

3. Assess and review an additional dog park location.

4. Evaluate recreational fees and cost recovery.

5. Review park-related ordinances.

6. Review park memorial donations and policy.

7. Review Category 3 parkway tree removal and replacement requests.

8. Attend community events throughout the calendar year.

9. Conduct an earlier and timelier CIP review and recommendation to Council.

The Commission is to serve as an informed, engaged, and forward-thinking advisory body that enhances Costa Mesa's parks, recreation programs, and community spaces through thoughtful planning, public engagement, and data-driven recommendations.

The Commission will advance the 2026 areas of focus by working collaboratively with the City Council, staff, and community partners to ensure that programs and services, recreational facilities, and parks effectively meet the evolving community needs.

ALTERNATIVES:

City Council may provide feedback and direction to this fiscal year’sgoals, objectives, and budget priorities and recommendations.

FISCAL REVIEW:

There is no fiscal impact associated with the recommended action.

LEGAL REVIEW:

There is no legal review required for this report.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the public safety and improve the quality of life. · Maintain and enhance the City’s facilities, equipment, and technology.

CONCLUSION:

Staff recommends the City Council receive and file the Parks and Community Services Commission annual report.

Page 3 of 3 ends

615
Chair: Kelly Anne
Brown, PhD
Vice Chair: Shayanne
Wright
Commissioners: Elizabeth Dorn Parker • Jason Komala •
Brandice Leger • Jake Husen • Cristian Garcia-Arcos
2025/26
Year in Review
1 ATTACHMENT 1
616
Our Focus This Year
• Create more meaningful opportunities for
Commissioners to contribute to policy and
decision-making.
• Improve Commissioner education so
recommendations are informed, thoughtful,
and data-driven.
• Shift discussions earlier in the process—
especially around Capital Improvement
Projects (CIP)—to maximize our impact.
2 617
Convened PACS’ first subcommittee to develop the
Values Assessment Framework; Unanimously adopted
the PACS Values Assessment to guide future
recommendations.

Strengthening the Commission
Piloted an improved CIP review and budget education
process; Provided recommendations on Senior
Transportation, Parks Assessment, Tree Canopy
Assessment, and more.

Key Initiatives
Community Engagement • Commissioner
Education • Meaningful Participation
Key Themes
Provided recommendations on major
community initiatives including:
• Senior Transportation
• Parks Assessment
• Tree Canopy Assessment
• Fairview Developmental Center
• Harper Park
• Brentwood Park
• Skate Park Expansion Project
• Fairview Park Master Plan Draft
3 618
• Established a PACS subcommittee
• Conduct community focus groups
• Benchmark successful programs
• Evaluate financial sustainability
• Develop long-term recommendations
Community Gardens
• Begin CIP discussions earlier
• Improve Commissioner
preparedness before budget season
Capital Improvement
4 619
• Earlier annual CIP review
• Review park-related
ordinances
• Evaluate opportunities for a
second dog park
• Review memorial donation and tree
removal policies
• Review recreation fees and cost
recovery
• Evaluating community gardens
program with attention to expansion
Recommended Areas of Focus
5 620
Making the most of our Plans:
• Parks Assessment
• Tree Canopy Assessment
• Pedestrian Master Plan
• Climate Action & Adaptation Plan
• Open Space Master Plan DRAFT
Our goal is to better connect the City’s
planning efforts.
• Understand how major City plans work
together
• Use data to support long-term
investment decisions
Long-Term Investment
6 621
• Continue building Commissioner knowledge through:
• Joint Use Agreement with NMUSD
• Review of BrightView & Priority LLC maintenance
responsibilities
• Six-month review of Senior Transportation program
• Professional development and educational opportunities for Commissioners
Commissioner Education
Events
• Picnic Day at Lion’s Park
• Concerts in the Park
⚬ Consider a change of location
if possible
• Emphasis on quality of
community outreach at events
7 622
"To serve as an informed, engaged, and forward-thinking advisory body that enhances Costa Mesa's parks, recreation programs, and community spaces through thoughtful planning, public engagement, and data-driven recommendations."
Grounded in the Commission's purpose as established by City ordinance:

Advise the City Council on parks and recreation matters Promote high-quality recreational opportunities
Support stewardship of community assets
Foster public participation in shaping Costa Mesa's future 8 623
Chair: Kelly Anne
Brown, PhD
Vice Chair: Shayanne
Wright
Commissioners: Elizabeth Dorn Parker • Jason Komala •
Brandice Leger • Jake Husen • Cristian Garcia-Arcos
2025/26
Year in Review
9 624
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Title 12. Parks and Recreation
Chapter III. PARKS AND COMMUNITY SERVICES COMMISSION
§ 12-71. Commission established.

There is hereby established as a part of the government of the city, a parks and community services commission, which shall:

Consider and provide advice regarding matters that may be referred to it by the city council, the city manager, the director of parks and community services, or the director of public works; By its own motion, conduct studies and investigations and hold public hearings as it may deem necessary for the formulation of policies, plans, and procedures relating to parks, recreation, senior programs, recreation facilities, community facilities, and parkways, or to determine the wisdom and efficacy of such policies, plans and procedures, or to determine an action plan to pursue in implementing the city's Parks, Recreation and Open Space Master Plan and report its findings and recommendations to the city council, the city manager, the director of parks and community services, and/or the director of public works; Recommend to the city council approval of concept plans for development and/or modification of parks, recreation, community, and open space facilities; Solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies concerned with the parks, recreation, recreation facilities, community facilities, and parkways of the city;
Make recommendations and findings on the necessity for removal of parkway trees and the necessity for terms and conditions for retention of trees in accordance with Chapter V of Title 15 of this Code, which decisions shall be final notwithstanding section 2-303; Set the fees to be charged to participants in recreation and community programs and classes in accordance with the guidelines adopted by the city council; In its discretion, review the annual budget as presented to the city council and advise it on the current operational needs and long-range plans for capital improvements; Periodically visit parks, recreation and community facilities in the city to review established programs and facilities, and to monitor needs in accordance with the Parks, Recreation and Open Space Master Plan;
On behalf of the city, actively encourage programs for the cultural enrichment of the community; Solicit partnerships with senior organizations which share the common goal to serve Costa Mesa's senior population; and
Seek out and recommend to the city council, city manager or director of parks and community services possible public and private funding opportunities available to implement new or enhance existing senior programs and services.
(Ord. No. 19-06, § 2, 4-2-19; Ord. No. 22-05, § 2, 7-19-22) Commission established. - City of Costa Mesa, CA
https://ecode360.com/print/CO4918?guid=42616260 1/1
ATTACHMENT 2
625

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-347 Meeting Date: 8/4/2026
TITLE:

AWARD OF THE ON CALL SIDEWALK REPAIR PROJECT, CITY PROJECT NO. 25-20 DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5335 RECOMMENDATION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301.

2. Adopt plans, specifications, and working details for the On Call Sidewalk Repair Project, City Project No. 25-20.

3. Reject the apparent low bid submitted by Access General Contracting, Inc., 357 North Sheridan Street, Suite 100, Corona, California 92878, as non-responsive.

4. Award a Public Works Agreement (PWA) for construction to S&H Civilworks, 6612 Columbus Avenue, Riverside, California 92504 in the amount of $237,600, and authorize an additional ten percent (10%) contingency in the amount of $23,760 as needed for any unforeseen costs related to this project.

5. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.

ENVIRONMENTAL DETERMINATION:

The proposed action is exempt from the California Environmental Quality Act (CEQA). The action involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. In addition, the proposed action is exempt under section 15301 relating to the operation, repair, maintenance, permitting, and/or minor alteration of existing public facilities.

BACKGROUND:

The City has initiated a program to assess sidewalks throughout the City for deficiencies that could result in trip-and-fall incidents. While several of the uplifted sidewalks are addressed by grinding and minor repairs, few areas require major repairs and reconstruction. The City intends to complete this

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minor repairs, few areas require major repairs and reconstruction. The City intends to complete this assessment and follow up repairs over a five-year period.

The On Call Sidewalk Repair Project consists of sidewalk repairs at various locations throughout the City on a priority basis. The scope of work for this project addresses repair and reconstruction of damaged and deficient sidewalks, curbs and gutters, driveway approaches, spandrels, cross gutters, and other work as required, within the public right-of-way. Additionally, Americans with Disabilities Act (ADA) accessibility ramps are constructed and upgraded as deemed necessary.

ANALYSIS:

The City Clerk received eight (8) bids for this project on May 6, 2026. Access General Contracting, Inc. (AGC), was the apparent low bidder with a base bid proposal of $228,300. S&H Civilworks (S&H) was the apparent second low bidder with a base bid proposal of $237,600. Van Engineering was the apparent third low bidder with a bid proposal of $248,600.

Van Engineering and Golden Coast Construction withdrew their bids, leaving five (5) remaining bid proposals. Of the five (5) remaining bids, S&H was the apparent responsive low bidder, followed by Gentry General Engineering, Inc. with a base bid proposal of $260,490, and CJ Concrete Construction, Inc. with a base bid proposal of $270,145.

Rejection of the Non-Responsive Bidder
AGC submitted the apparent low bid, with a base bid proposal of $228,300. However, upon review of AGC’sbid, staff determined the bid contained multiple material deficiencies, which renders it non- responsive. Staff notified AGC of its determination on June 30, 2026 (Attachment 1). The bid did not conform to the terms of the bid package for the following reasons: (1) missing original bid bond in the proposal package, (2) missing contract amount and bid security option on bid proposal forms, (3) missing Contract Assurance page in the bid package, and (4) insufficient information provided regarding qualifications and experience.

Based on these material deficiencies, staff has determined that AGC’sbid does not conform to the terms of the bid package and is, therefore, disqualified as non-responsive. As a result, staff recommends that the City Council reject AGC’s bid as non-responsive.

Selection of Lowest Responsible Bidder
S&H submitted the apparent second low bid with a base bid proposal of $237,600. The Engineer’s estimate for the base bid is $318,165, and the average of the remaining five (5) base bids received (not including AGC, Van Engineering, and Golden Coast Construction) amounted to $363,533. The bid summary is included as Attachment 2.

The proposal submitted by S&H includes all the required documents necessary with the bid package and contained no irregularities. Therefore, staff recommends that City Council award the PWA (Attachment 3) to S&H as the lowest responsible bidder.

The license and references of S&H have been checked, and staff has found them to be in good standing. S&H has successfully completed several projects for the City of Costa Mesa in the past, including the Citywide Parkway Maintenance Project (Zones 2 and 5), the Jack Hammett Sports

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including the Citywide Parkway Maintenance Project (Zones 2 and 5), the Jack Hammett Sports Complex Sidewalk Repairs Project, and most recently, last year’s Priority Sidewalk Repair Project.

Upon City Council award of the PWA, S&H will furnish the necessary bonds, which will be approved as to form by the City. After the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.

Therefore, staff recommends the City Council award the contract to S&H as the lowest responsible bidder.

ALTERNATIVES:

The alternative would be to reject all bids, re-advertise, and rebid the project. Staff believes that re- advertising and re-bidding the project will not result in lower bids and will delay the project.

FISCAL REVIEW:

Funding for the agreement amount of $261,360, inclusive of a contingency, is available from various street and sidewalk projects budgeted in the current fiscal year, including Citywide Street Improvements, Parkway Maintenance Program and Priority Sidewalk Repair, in various funds, including the Gas Tax Fund (Fund 201) and Measure “M2” Fairshare Fund (Fund 416).

LEGAL REVIEW:

The City Attorney’sOffice has reviewed the agenda report, prepared the PWA, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This project works toward achieving the following City Council goals:
· Maintain and Enhance the City’s Facilities, Equipment and Technology. · Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301.

2. Adopt plans, specifications, and working details for the On Call Sidewalk Repair Project, City Project No. 25-20.

3. Reject the apparent low bid submitted by Access General Contracting, Inc., 357 North Sheridan Street, Suite 100, Corona, California 92878, as non-responsive.

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percent (10%) contingency in the amount of $23,760 as needed for any unforeseen costs related to this project.

5. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.

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ATTACHMENT 1
630
ATTACHMENT 1
631

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT
ON CALL SIDEWALK REPAIR PROJECT, #25-20
BID OPENING DATE: MAY 6, 2026

BID UNIT UNIT UNIT UNIT
NO. QUANTITY DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 1 LS MOBILIZATION (5% MAXIMUM) $10,000.00 $10,000.00 $4,000.00 $4,000.00 $12,100.00 $12,100.00 $800.00 $800.00 $12,525.00 $12,525.00 2 1 LS TRAFFIC & PEDESTRIAN CONTROL $5,000.00 $5,000.00 $3,000.00 $3,000.00 $13,038.00 $13,038.00 $800.00 $800.00 $44,000.00 $44,000.00 3 6,000 SF

REMOVE & RECONSTRUCT CONCRETE SIDEWALK
(4-INCH CONCRETE OVER 4-INCH C.M.B)

INCLUDING ADA RAMPS
$21.50 $129,000.00 $20.00 $120,000.00 $22.00 $132,000.00 $16.00 $96,000.00 $30.00 $180,000.00 4 140 LF REMOVE EXISITING AND RECONSTRUCT C-6 CURB
& GUTTER OVER 6” CMB WITH 2’ A.C. SLOT PAVE $145.00 $20,300.00 $250.00 $35,000.00 $124.00 $17,360.00 $100.00 $14,000.00 $125.00 $17,500.00 5 75 LF REMOVE EXISITING AND RECONSTRUCT C-8 CURB
& GUTTER OVER 6” CMB WITH 2’ A.C. SLOT PAVE $160.00 $12,000.00 $300.00 $22,500.00 $132.00 $9,900.00 $100.00 $7,500.00 $205.00 $15,375.00 6 760 SF
REMOVE & RECONSTRUCT P.C.C. CROSS-GUTTER,
SPANDREL,LOCAL DEPRESSION, AND P.C.C. PAD
(8" CONCRETE OVER 8" C.M.B.) WITH 3' A.C. SLOT
PAVE
$51.00 $38,760.00 $30.00 $22,800.00 $50.00 $38,000.00 $32.00 $24,320.00 $55.00 $41,800.00 7 650 SF
REMOVE EXISITING AND RECONSTRUCT P.C.C.

DRIVEWAY APPROACH (6-INCH CONCRETE OVER 6-
INCH C.M.B.)
$31.00 $20,150.00 $20.00 $13,000.00 $28.00 $18,200.00 $18.50 $12,025.00 $40.00 $26,000.00 8 640 LF INSTALL ROOT BARRIERS $125.00 $80,000.00 $20.00 $12,800.00 $26.00 $16,640.00 $175.00 $112,000.00 $120.00 $76,800.00 9 3 EA INSTALL TRUNCATED DOMES (ADA RAMPS) $985.00 $2,955.00 $1,500.00 $4,500.00 $1,084.00 $3,252.00 $900.00 $2,700.00 $1,000.00 $3,000.00 PROJECT BASE BID TOTAL: $318,165.00 $237,600.00 $260,490.00 $270,145.00 $417,000.00

BID UNIT UNIT
NO. QUANTITY DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 1 LS MOBILIZATION (5% MAXIMUM) $10,000.00 $10,000.00 $9,500.00 $9,500.00 $7,785.00 $7,785.00 2 1 LS TRAFFIC & PEDESTRIAN CONTROL $5,000.00 $5,000.00 $15,000.00 $15,000.00 $15,167.60 $15,167.60 3 6,000 SF

REMOVE & RECONSTRUCT CONCRETE SIDEWALK
(4-INCH CONCRETE OVER 4-INCH C.M.B)

INCLUDING ADA RAMPS
$21.50 $129,000.00 $54.00 $324,000.00 $28.40 $170,400.00 4 140 LF REMOVE EXISITING AND RECONSTRUCT C-6 CURB
& GUTTER OVER 6” CMB WITH 2’ A.C. SLOT PAVE $145.00 $20,300.00 $230.00 $32,200.00 $165.80 $23,212.00 5 75 LF REMOVE EXISITING AND RECONSTRUCT C-8 CURB
& GUTTER OVER 6” CMB WITH 2’ A.C. SLOT PAVE $160.00 $12,000.00 $250.00 $18,750.00 $197.40 $14,805.00 6 760 SF
REMOVE & RECONSTRUCT P.C.C. CROSS-GUTTER,
SPANDREL,LOCAL DEPRESSION, AND P.C.C. PAD
(8" CONCRETE OVER 8" C.M.B.) WITH 3' A.C. SLOT
PAVE
$51.00 $38,760.00 $98.00 $74,480.00 $53.00 $40,280.00
7 650 SF
REMOVE EXISITING AND RECONSTRUCT P.C.C.

DRIVEWAY APPROACH (6-INCH CONCRETE OVER 6-
INCH C.M.B.)
$31.00 $20,150.00 $80.00 $52,000.00 $37.30 $24,245.00
8 640 LF INSTALL ROOT BARRIERS $125.00 $80,000.00 $150.00 $96,000.00 $98.20 $62,848.00 9 3 EA INSTALL TRUNCATED DOMES (ADA RAMPS) $985.00 $2,955.00 $3,500.00 $10,500.00 $1,596.80 $4,790.40 PROJECT BASE BID TOTAL: $318,165.00 $632,430.00 $363,533.00

AVERAGE

3. CJ CONCRETE
CONSTRUCTION, INC.

2. GENTRY GENERAL
ENGINEERING, INC.

COLTON SANTA FE SPRINGS
UNIT

BASE BID CITY ESTIMATE LAKE FOREST

5. HARDY AND HARPER, INC.

UNIT

CITY ESTIMATEBASE BID

1. S&H CIVILWORKS

COLTON YORBA LINDA

4. ONYX PAVING COMPANY,
INC.

PAGE 1 OF 1
ATTACHMENT 2
632
1 CITY OF

COSTA MESA

PUBLIC WORKS

AGREEMENT FOR
CITY PROJECT NO. 25-20

THIS PUB
LIC WORKS AGREEMENT (“Agreement”), dated August 4, 2026 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and S&H CIVILWORKS, a California corporation (“CONTRACTOR”).

WHEREAS
, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and

WHEREAS
, CITY has determined that CONTRACTOR is the lowest responsible bidder; and

WHEREAS,
CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and

WHEREAS
, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

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

1. SCOPE OF
WORK.

The scope of
work generally consists of on-call sidewalk repair work (the “Work”).

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

The Project
is known as the On-Call Sidewalk Repair Project, City Project No. 25- 20 (the “Project”).

2. CONTRACT DOCUME
NTS.

The complete
Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(b) CONTRA
CTOR’s bid, attached hereto as Exhibit A and incorporated herein; (c) Bid pack
age, including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. The bid package is attached hereto as Exhibit B and incorporated herein;
ATTACHMENT 3
633
Project and Specification No. 25-20
2 (d) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond, attached hereto as Exhibit C;

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

(f) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.

The documents comprising the complete Agreement will be referred to as the “Contract Documents.”

All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY’S REPRESENTATIVE.

The CITY’s Representatives are Cristina Oquendo and Seung Yang referred to collectively 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 ATTACHMENT 3
634
Project and Specification No. 25-20
3 in Paragraph 11 (Time of Performance).

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Two Hundred Thirty-Seven Thousand Six Hundred Dollars ($237,600.00).

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 ATTACHMENT 3
635
Project and Specification No. 25-20
4 Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof.

CONTRACTOR shall be entitled to any interest earned on the securities.

In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

10. PROMPT PAYMENT OF SUBCONTRACTORS.

CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.

CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

11. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within ten (10) working/calendar days from the first day of commencement of the Work, at each location.

12. TERMINATION.

ATTACHMENT 3
636
Project and Specification No. 25-20
5 (a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

(b) Termination for Breach of Contract.

(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.

(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.

(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

13. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Three Thousand Six Hundred Dollars ($3,600.00) 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.

ATTACHMENT 3
637
Project and Specification No. 25-20
6 In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR , and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.

17. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

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 ATTACHMENT 3
638
Project and Specification No. 25-20
7 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 shall be borne by CONTRACTOR.

19. CONTRACT SECURITY AND GUARANTEE.

CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S.

Department of the Treasury Circular 570; and must be shown to have suffici ent 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 ATTACHMENT 3
639
Project and Specification No. 25-20
8 against CONTRACTOR.

20. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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

CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

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 ATTACHMENT 3
640
Project and Specification No. 25-20
9 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 its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

21. INSURANCE.

(a) Minimum Scope and Limits of Insurance . CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

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

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

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

(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, ATTACHMENT 3
641
Project and Specification No. 25-20
10 agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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

(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.”

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

(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 ATTACHMENT 3
642
Project and Specification No. 25-20
11 respect to the limits of the insurer’s liability.

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

(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.

(g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

22. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing Wage Laws . CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages . CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8) -hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by CONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one- half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty -Five Dollars ATTACHMENT 3
643
Project and Specification No. 25-20
12 ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

(f) Registration with DIR. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

23. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

24. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish 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, ATTACHMENT 3
644
Project and Specification No. 25-20
13 attached hereto. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

25. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

27. NOTICES.

It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.

All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Cristina Oquendo and Seung Yang

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

S & H Civilworks
1801 Hilltop Drive
Colton, CA 92324
Attn: Jess Canilo Sotto

Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:

_________________
_________________
ATTACHMENT 3
645
Project and Specification No. 25-20
14 _________________
Attn: ___________

28. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.

29. P ERS ELIGIBILITY INDEMNIFICATION.

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

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

30. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void 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 ATTACHMENT 3
646
Project and Specification No. 25-20
15 be subject to the jurisdiction of the County of Orange, California.

32. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

33. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment , without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

34. WAIVER.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

35. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

36. CONSTRUCTION.

The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden 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 ATTACHMENT 3
647
Project and Specification No. 25-20
16 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.]
ATTACHMENT 3
648
Project and Specification No. 25-20
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

ATTACHMENT 3
649
Project and Specification No. 25-20
18 APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director

__________________________________ Date: _____________________ Cristina Oquendo
Project Manager

__________________________________ Date: _____________________ Seung Yang, P.E.

City Engineer

ATTACHMENT 3
650

EXHIBIT A

CONTRACTOR’S BID

ATTACHMENT 3
651
Project and Specification No. 25-20

SECT ION C

PROPOSAL FOR THE

ON CALL SIDEWALK REPAIR PROJECT
CITY PROJECT NO. 25-20
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:

In compliance with the NOTICE INVITING BIDS FOR THE ON CALL SIDEWALK REPAIR PROJECT, CITY PROJECT NO. 25-20, a copy which is hereto attached, the undersigned has carefully examined the location of the proposed Work, the Plans, Specifications and other Contract Documents and is therefore satisfied as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the specifications and the Contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the BIDDER has made such examination.

If awarded the Contract, the undersigned agrees to commence the Work under the Contract WITHIN TEN (10) WORKING DAYS AFTER DATE OF CONTRACT, WITH MINIMUM WORKORDER AMOUNT OF $10,000.00. Beginning on the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the Work as shown on the Plans and in accordance with the Specifications and other Contract Documents, and to furnish all labor, materials, tools and equipment necessary to complete the Work in-place therefor, in the manner and time herein prescribed at the following prices, to wit:

PROPOSAL

ON CALL SIDEWALK REPAIR PROJECT
CITY PROJECT NO. 25-20
Base Bid
EST. UNIT ITEMS
ITEM# BID ITEM DECRIPTION QTY. UNIT PRICE TOTAL
(in figures) (in figures)
1 Mobilization (5% Maximum) 1 L.S. $t{(XC) $ 4aD
2 !Traffic & Pedestrian Control 1 L.S. $� $ �
Remove & Reconstruct Concrete
3 Sidewalk (4-inch Concrete over 4-inch 6,000 S.F. $ 2o $ 120,a:G C.M.B.) including ADA ramps Remove Existing and Reconstruct C-6
2� $ 35, CQ) 4 Curb & Gutter over 6" CMB with 2' 140 L.F. $ A.C. Slot Pave
'\f:/H
Bid(:Jers Initials
P-la PROPOSAL
'
ATTACHMENT 3
652
653
654
655

PROPOSAL SCHEDULE
(CONTINUED)
Project and Specification No. 25-20
The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

The Contractor agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work.

Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle one) in the amount of lo � e,. 10 /zo(vD
($ _____ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents.

Bfdder'slnitials
P-2a PROPOSAL
-�
ATTACHMENT 3
656
657
Project and Specification No. 25-20
Bidder shall signify receipt of all Addenda here, if any:

Addendum No. Date Received Bidder's Signature

CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your firm's background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. This information will be used to evaluate whether the bid is responsive and or responsible to the call for bids.

Date Proiect Awarded Awarding Agency
AITT\:0t@
P-4
Agency's Contract
Administrator Contact
Information
'fu Bidder'slnitials

CONSTRUCTION REFERENCES
ATTACHMENT 3
658

S&H CIVILWORKS
COMPLETED PROJECT REFERENCES PAST (5) YEARS
Project Owner Project Scope of Work Contact Contract Completion Amount Date
Thomas Dahlin
OMNITrans ATP safe Route to Demo, sidewalk, ADA Capital Project Manager/Inspector $2.1M May 2019 1700 West 5th St Transit Project Ramps & Asphalt Paving (951) 358-9322 San Bernardino, CA [email protected]
92411
Thomas Dahlin
OM NIT rans Corona Avenue ATP Demo, sidewalk, ADA Capital Project Manager/Inspector $308,000 April 2019 1700 West 5th St safe Route to Transit Ramps & Asphalt Paving (951) 358-9322 San Bernardino, CA Project [email protected]
92411
Nathan Toczek
City of San Bernardino Annual Concrete Demo, sidewalk, driveway, City Inspector $2.1M April 2019 201 N 'E' Street, san Repair & ADA Access ADA Ramps & cross gutter (760) 963-2085 Bernardino CA Ramp Project toczek na@sbcit�.org
City of Santa Barbara Roadway Improvement, Ken Young -
630 Garden Street, Santa Measure A Cycle 3 concrete, storm drainage, Project Manager $1.1M December Barbara CA Sidewalk Infill Project retaining walls, Ramps & (805) 560-7568 2019 Asphalt Paving k�[email protected]
County of Riverside Mayberry Avenue Roadway Improvement, Trai Nguyen - Principal Inspector 2950 Washington St, Sidewalk Project - concrete sidewalk, cross (951) 961-5363 $316,000 February 2020 Riverside, CA 92504 Hemet CA gutter and ramps tmgu�[email protected] City of Costa Mesa City Parkway Citywide concrete repair Cristina Oquendo $3.2M May 2020 77 Fair Drive Maintenance Project curb, gutter, sidewalk, Project Manager Costa Mesa CA driveway and ADA Ramps (714) 754-5015
crfstina.Q9uenc!o<@costamesaca.gov
City of Newport Demo, Curb, Gutter, Ben Davis PE-
100 Civic Center Drive, Concrete Sidewalk, ADA Ramps, Project Manager $763,500 July 2020 Newport Beach, CA Replacement Project Cross gutter & Asphalt (949) 644-3317 92660 [email protected]
Alex Rubalcava
City of Loma Linda ADA Access Ramp Demo, sidewalk, driveway, City Inspector $113,000 August 2020 26000 Barton Road, Installation Project ADA Ramps & cross gutter (909) 478-4263 Loma Linda 92354 erubalcava(a)lomalinda-ca.oov
City of West Hollywood CDBG Concrete Demo, sidewalk, driveway, Mila Solugob $311,000 October 2020 8300 Santa Monica West Repair Project ADA Ramps & cross gutter Project Manager Inspector Hollywood, CA 90069 (323) 848-6338
[email protected]
City of Perris A Street and Nuevo Demo, sidewalk, driveway, Brad Brophy $298,000 November 2020 1015 S G St, Perris, CA Road Project ADA Ramps, cross gutter Project Manager Inspector 92570 and asphalt (951) 943-6504
[email protected]
City of Newport Ben Davis PE -
100 Civic Center Drive, Concrete Repair Street Reconstruction; Project Manager $700K July 2021 Newport Beach, CA Program Project Concrete Repair (949) 644-33 17 92660 bdavis(a)newportbeachca.iiov

Page 1 of 2 ends

.,
-- ��---------
ATTACHMENT 3
659
Project Owner
City of Newport
100 Civic Center Drive,
Newport Beach, CA
92660
City of Chino Hills
14000 City Center Dr,
Chino Hills CA
City of Corona
400 S. Vicentia Ave
Corona, CA 92882
County of Riverside
2950 Washington St,
Riverside, CA 92504
County of Riverside
2950 Washington St,
Riverside, CA 92504
City of Orange
300 E Chapman Ave,
Orange, CA 92866
City of Lake Forest
100 Civic Center Dr,
Lake Forest CA
City of Newport
100 Civic Center Drive,
Newport Beach, CA
92660
City of Hawaiian Garden
21815 Pioneer Blvd.,
Hawaiian Gardens, CA
90716
City of Yorba Linda
4845 Casa Loma Ave,
Yorba Linda, CA 92886

S&H CIVILWORKS
COMPLETED PROJECT REFERENCES PAST (5) YEARS
Project
Concrete Alley and
Street Replacement
Project
5 Year On-Call
contract Project
2019-2024
Oak Avenue Sidewalk
Improvement Project
Carver Tract Sidewalk
Improvement
Replacement Project
El Toro Road/Dexter
Road Project
Annual Concrete at
Various location
Phase 13 - CDBG
ADA Ramp
35th and lake Street
Project
Citywide Concrete
Rehabllitation Project
4 Year On-Call
contract Project
2022-2024
Scope of Work Contact Contract
Amount
Street Reconstruction; Patricia Carpenter PE-
Concrete, drainage and Project Manager $2.2M
PCC pavement (949) 644-3344
�ari;ienter@newi;iortbeachca.gov
Remove and reconstruction Jerry Barragan
of curb, gutter, driveway Superintendent $225K/Yr
sidewalk and ramp (909) 573-4355
[email protected]
Street Reconstruction; Julianna Zaleski
Concrete and PCC Project Manager $550K
pavement (951) 736-2264
[email protected]
Street Reconstruction; Trai Nguyen -Supervisor Principal Concrete, drainage and Inspector $1 .5M
Asphalt pavement (951) 961 -5363
trngu�[email protected]
Street Reconstruction; Steve Wann - Principal Inspector Concrete, drainage and (951) 961 -5946 $1 .5M
Asphalt pavement [email protected]
Remove and reconstruction Evan Arnold
Construction Inspector of curb, gutter, driveway (714) 602-01 11 $1.1M sidewalk and ramp Earnold@Cit�of0range.org
Remove and reconstruction Nazila Mokarram
Principal Engineer of curb, gutter, driveway (949) 461 -3490 $10 4K sidewalk and ramp [email protected]
Kyle Aube, PE-
Wall construction and Project Manager $210K Concrete (949) 644-3296 kaube@newi;iortbeachca.gov
Neema Ghanba ri, P.E.

Remove and reconstruction Engi neering Manager
of curb, gutter, driveway (562) 420-2641 ext. 206 $13 0K sidewalk and ramp nghanbari@□gcit�.org
Remove and reconstruction Armando Jaime
Superintendent $1. 6M of curb, gutter, driveway (714) 81 4-4687 $400K/Yr sidewalk and ramp ajaime@�orbalindaca.gov

Page 2 of 2 ends

Completion
Date
November
2021
On-going
April 2022
November
2022
November
2022
October 2023
November 2023
January 2025
March 2025
January 2026
ATTACHMENT 3
660
661
662
663
664
665
666
667
668
669
670
671
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached., and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Bernardino
On April 24, 2026, before me, Manjit Kaur Boughan, Notary Public, personally appeared Jess Sotto who proved to me on the basis Qf satisfactory evidence to be the person {.s}whose name !s'.fis/.-are-subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/iicrl their authorized capacity fies1, and that by his/her/thoi;, signature (!<Jon the instrument the person (s), or the entity upon behalf of which the person {aj''acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Signature)
MANJITKAUR BOUGHAN 1
COMM. #2470923 �
NOTARY FUBUC • CALIFORNIA ffi SAN BERt'IAROINO COUNlY
I My C�pires Nov 12, 2027
(seal)
I
ATTACHMENT 3
672

EXHIBIT B

BID PACKAGE

ATTACHMENT 3
673
ATTACHMENT 3
674
i

TABLE OF CONTENTS

PAGE NUMBER

TABLE OF CONTENTS ................................ ................................ ................................ .. i THRU vi

SECTION A

NOTICE INVITING BIDS ............................................................................. N-1 THRU N-2

SECTION B

INFORMATION FOR BIDDERS .................................................................................. B-1

1 PREPARATIONS OF BID FORM ................................ ................................ .. B-1

2 QUALIFICATION OF BIDDERS ................................ ................................ .... B-1

3 BID SECURITY ................................ ................................ ........................ B-1

4 NON-COLLUSION AFFIDAVIT ................................ ................................ .... B-1

5 SIGNATURE ................................ ................................ ............................ B-1

6 CORRECTIONS ................................ ................................ ....................... B-1

7 DELIVERY OF PROPOSAL ................................ ................................ ......... B-1

8 BID DEPOSIT RETURN................................ ................................ .............. B-1

9 TAXES ................................ ................................ ................................ ... B-2

10 WITHDRAWAL OF BIDS ................................ ................................ ............. B-2

11 AGREEMENT AND BONDS ................................ ................................ ........ B-2

12 FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE
AGREEMENT ................................ ................................ .......................... B-2

13 BIDDERS INTERESTED IN MORE THAN ONE BID ................................ .......... B-2

14 EXAMINATION OF SITE AND CONTRACT DOCUMENTS ................................ .. B-2

15 INTERPRETATION OF PLANS AND DOCUMENTS ................................ .......... B-2

16 ADDENDA ................................ ................................ .............................. B-3

17 QUESTIONS TO THE ENGINEER ................................ ................................ B-3

18 EQUIVALENT MATERIALS ................................ ................................ ......... B-3

ATTACHMENT 3
675
ii

Table of Contents
(CONTINUED)

PAGE NUMBER

19 EVIDENCE OF RESPONSIBILITY................................ ................................ . B-3

20 LEGAL RESPONSIBILITIES ................................ ................................ ........ B-3

21 ANTI-DISCRIMINATION ................................ ................................ ............. B-3

22 DRUG-FREE WORKPLACE POLICY ................................ ............................. B-3

23 BID PROTEST PROCEDURES ................................ ................................ .... B-4

24 ASSEMBLY BILL 626 ................................ ................................ ................ B-4

REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS FORM .......................... B-5

SECTION C

PROPOSAL ............................................................................................. P-1 THRU P-10

SECTION D

GENERAL PROVISIONS ................................ ................................ ................................ ....... GP-1

1-2 TERMS AND DEFINITIONS ................................ ................................ ...... GP-2

1-3 ABBREVIATIONS ................................ ................................ ................... GP-3

1-6 BIDDING AND SUBMISSION OF BID ................................ .......................... GP-3

1-6.1.1 REQUEST FOR INTERPRETATION ................................ .......................... GP-4

1-6.1.2 SOIL CONDITIONS ................................ ................................ ................ GP-4

1-6.1.3 RETURN OF BID SECURITY ................................ ................................ ... GP-4

1-6.2 SUBCONTRACTING LISTING ................................ ................................ ... GP-5

1-7 AWARD AND EXECUTION OF THE CONTRACT ................................ ........... GP-5

1-7.1.1 EXECUTION OF THE AGREEMENT ................................ ........................... GP-6

1-7.2 CONTRACT BONDS ................................ ................................ ............... GP-6

2-1 WORK TO BE DONE ................................ ................................ ............... GP-6

2-2 PERMITS ................................ ................................ .............................. GP-7 ATTACHMENT 3
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Table of Contents
(CONTINUED)

PAGE NUMBER

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES ................................ .... GP-7

2-5.1.1 RIGHT-OF-WAY ................................ ................................ ..................... GP-7

2-5.2 TEMPORARY UTILITY SERVICES ................................ ............................. GP-7

2-5.4 HAUL ROUTES ................................ ................................ ..................... GP-8

2-7 CHANGES INITIATED BY THE AGENCY ................................ .................... GP-8

2-8 EXTRA WORK ................................ ................................ ....................... GP-9

2-9 CHANGED CONDITIONS ................................ ................................ ....... GP-9

3-1 ASSIGNMENT................................ ................................ ........................ GP-9

3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ................................ ...... GP-9

3-5 INSPECTION ................................ ................................ ...................... GP-10

3-6 THE CONTRACTOR’S REPRESENTATIVE ................................ ............... GP-11

3-7 CONTRACT DOCUMENTS ................................ ................................ ..... GP-11

3-10 SURVEYING ................................ ................................ ....................... GP-13

3-10.2 LINE AND GRADE ................................ ................................ ............... GP-14

3-12 WORK SITE MAINTENANCE ................................ ................................ .. GP-14

3-12.2 AIR POLLUTION CONTROL ................................ ................................ .... GP-14

3-12.3 NOISE CONTROL ................................ ................................ ................. GP-15

3-12.4.2 STORAGE IN PUBLIC STREETS ................................ ............................. GP-15

3-12.6 WATER POLLUTION CONTROL ................................ .............................. GP-16

3-12.6.2 BEST MANAGEMENT PRACTICES (BMP’S) ................................ ............. GP-17

3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ...................... GP-17

3-12.6.4 DEWATERING ................................ ................................ ..................... GP-19

3-13.3 WARRANTY ................................ ................................ ....................... GP-19

4-4 TESTING ................................ ................................ ........................... GP-20

ATTACHMENT 3
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Table of Contents
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PAGE NUMBER

5-1 LAWS AND REGULATIONS ................................ ................................ ... GP-21

5-2 SPECIAL NOTICES ................................ ................................ .............. GP-21

5-3 LABOR ................................ ................................ .............................. GP-21

5-3.2 PREVAILING WAGES ................................ ................................ ........... GP-21

5-3.3 PAYROLL RECORDS ................................ ................................ ........... GP-22

5-3.5 APPRENTICES ................................ ................................ ................... GP-22

5-4 INSURANCE ................................ ................................ ....................... GP-22

5-7 SAFETY ................................ ................................ ............................. GP-23

5-7.1 WORK SITE SAFETY ................................ ................................ ........... GP-23

5-7.8 STEEL PLATE COVERS ................................ ................................ ...... GP-23

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-24

6-1.1 CONSTRUCTION SCHEDULE ................................ ................................ GP-24

6-1.3 DAILY REPORT SUBMITTAL ................................ ................................ .. GP-25

6-3 TIME OF COMPLETION ................................ ................................ ........ GP-25

6-5 USE OF IMPROVEMENT DURING CONSTRUCTION ................................ .. GP-25

6-6 SUSPENSION OF THE WORK ................................ ............................... GP-25

6-7 TERMINATION OF THE CONTRACT FOR DEFAULT ................................ .... GP-25

6-7.3 NOTICE OF TERMINATION FOR DEFAULT ................................ ............... GP-25

6-7.4 RESPONSIBILITY OF SURETY ................................ ............................... GP-26

6-9 LIQUIDATED DAMAGES ................................ ................................ ....... GP-26

7-2 LUMP SUM WORK ................................ ................................ ............... GP-26

7-3 PAYMENT ................................ ................................ .......................... GP-27

7-3.2 PARTIAL AND FINAL PAYMENT ................................ ............................. GP-27

7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-29 ATTACHMENT 3
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Table of Contents
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PAGE NUMBER

7-3.2.2 PROMPT PAY MONITORING AND ENFORCEMENT OF PROGRESS PAYMENTS ................................ ................................ ........................ GP-29

7-3.3 DELIVERED MATERIALS ................................ ................................ ...... GP-30

7-3.4 MOBILIZATION ................................ ................................ ................... GP-30

7-3.4.1 TRAVEL ROUTE AND TRUCKING AN EQUIPMENT ................................ .... GP-31

7-3.4.2 CONSTRUCTION SEQUENCE/ORDER OF WORK ................................ ..... GP-32

7-4 PAYMENT FOR EXTRA WORK ................................ ............................... GP-32

7-4.2 BASIS FOR ESTABLISHING COSTS ................................ ........................ GP-32

7-4.2.1 LABOR ................................ ................................ .............................. GP-32

7-4.3 MARKUPS ................................ ................................ ......................... GP-32

7-4.3.1 WORK BY THE CONTRACTOR ................................ .............................. GP-32

7-4.3.2 WORK BY A SUBCONTRACTOR ................................ ............................ GP-33

7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204…………………………. GP-33

SECTION E

SPECIAL PROVISIONS ........................................................................ SP-1 THRU SP-55

SECTION F

MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)

1 AGREEMENT (SAMPLE) ................................ ................................ .. 22 PAGES

2 COUNCIL POLICY ................................ ................................ ............ 3 PAGES

3 INSURANCE (SAMPLE) ................................ ................................ ..... 6 PAGES

4 BONDS ................................ ................................ ........................... 2 PAGES

5 APPLICATION FOR BUSINESS LICENSE ................................ ............... 1 PAGE

6 W-9 FORMS ................................ ............. ……………………………4 PAGES

ATTACHMENT 3
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Table of Contents
(CONTINUED)

PAGE NUMBER

SECTION G

APPENDICES

STANDARD DRAWINGS ................................ ................................ ............................... 46 PAGES

ATTACHMENT 3
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N-1

CITY OF COSTA MESA

ORANGE COUNTY, CALIFORNIA

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the City of Costa Mesa (“City”) invites sealed bids, to be submitted electronically only, for the following project:

On Call Sidewalk Repair Project
CITY PROJECT NO. 25-20

1. BID SUBMISSION AND OPENING: Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 2:00 P.M., Wednesday, May 6, 2026, at which time or shortly thereafter the City will open bids electronically . The bid results will be posted online via PlanetBids. No paper bids or any other form of submittal will be accepted. Any bid received after the scheduled closing time for the receipt of bids will be rejected. The City is not responsible for and accepts no liability in the event a response is late due to any network, internet, or any other technical difficulty or interruption. It shall be the sole responsibility of the bidder to ensure that his/her/its bid is received by the deadline.

To access the bid documents and bid on this project, potential vendors and bidders must first register through the City’s PlanetBids portal at:

https://www.planetbids.com/portal/portal.cfm?CompanyID=45476.

2. SCOPE OF WORK AND BID DOCUMENTS: The scope of work consists of: mobilization; clearing and grubbing; sawcutting, removal and reconstruction of sidewalk; curb and gutter, driveway/driveway approach, spandrel, and cross gutter; installation of new A.D.A. ramps; traffic control; and all other work as required. The contractor shall furnish all materials, tools, equipment and incidentals necessary to perform and complete the work as shown on the plans and these contract documents, and to the satisfaction of the City.

The plans, specifications, and bid documents for this project can be obtained via the City ’s PlanetBids portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. It is the bidder’s responsibility to ensure that the most current version of the solicitation, including any addenda, has been downloaded.

Bids received without the applicable addenda will be rejected as incomplete.

3. PRE-BID MEETING OR JOB WALK: None.

4. BID CONTENTS: All bids must be submitted on the proposal form included in the bid documents. No bid will be considered unless it is made on the proposal form furnished by the City and made in accordance with the provisions of the bid requirements.

5. BID SECURITY: Each bidder must submit a physical certified check, cashier’s check, or a bid bond, made payable to or in favor of the City of Costa Mesa, in an amount equal to at least ten percent (10%) of the total amount of the bid, to the Costa Mesa City Clerk at 77 Fair Drive, Costa Mesa, CA 92626 prior to the bid submission deadline. No bid will be considered unless such certified check, cashier's check, or bid bond is received by the City Clerk PRIOR to the bid submission deadline.

6. CONTRACTOR’S LICENSE: A valid California Contractor's License Class “A” (General Engineering Contractor) issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening.

7. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS : Pursuant to Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work unless registered and qualified pursuant to Labor Code section 1725.5.

ATTACHMENT 3
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8. PREVAILING WAGES: This project is a “public work” subject to prevailing wage requirements. Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all works employed on the project shall be paid not less than the general prevailing rate of per diem wages, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with Costa Mesa Public Services Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relations’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases. The prime contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This project is subject to compliance monitoring and enforcement by the DIR.

9. PAYMENT (LABOR & MATERIAL) BOND AND PERFORMANCE BOND: A Payment (Labor & Material) Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to or after the award of the contract.

10. RETENTION: The City withholds five percent (5%) of each progress payment as retention. Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for money withheld by the City to ensure performance of the contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor. Securities will be returned to the contractor upon satisfactory completion of the contract.

11. NON-DISCRIMINATION: The bidding process and contract are subject to State and Federal non - discrimination requirements, including but not limited to the requirement that no person or business shall discriminate on the basis of race, color, national origin, ancestry, religious creed, physical disability, mental disability, medical condition, marital status, sex, gender, gender expression, gender identity, sexual orientation, age, or military or veteran status in its solicitation, selection, hiring, or treatment of individuals or businesses in connection with the bidding process or work performed for the City in connection with the project.

12. CITY’S RIGHT TO REJECT BIDS : The City of Costa Mesa reserves the right, in its sole discretion, to reject any or all bids, or to waive any minor irregularities or informalities in any bid.

13. ADDITIONAL REQUIREMENTS: This project is subject to local, State, and Federal regulations and requirements, as detailed in the bid documents.

For all inquiries, please contact Kevin Gaxiola, Public Works Department, via e -mail at [email protected].

Brenda Green, City Clerk
City of Costa Mesa

Dated: April 9, 2026
ATTACHMENT 3
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Project and Specification No. 25-20

B-1

INFORMATION FOR BIDDERS

1. PREPARATION OF BID FORM: The City of Costa Mesa (City) requires that bids be submitted on the proposal available on PlanetBids at such time and place as is stated in the Notice Inviting Bids. All information requested in the bid forms must be provided. All bids shall be submitted electronically via the City’s public bidding platform, PlanetBids only. No other form of submittal shall be accepted . It is the sole responsibility of the Bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be rejected. Each Bidder is responsible for acknowledging all addenda.

2. QUALIFICATION OF BIDDERS : Each Bidder shall submit a list of Construction Project References indicating Public Works and/or similar construction projects completed or in progress within the last 24 months. Forms for this purpose are furnished with the bid package.

3. BID SECURITY / BID BOND: Each bid shall be accompanied by one of the following:
cash, cashier's check made payable to the City, a certified check made payable to the City, or a Bidder's Bond executed by an admitted surety insurer, made payable to the City, in an amount not less than 10% of the maximum amount of the bid. This original bid security / bid bond must be submitted to the City Clerk’s Office at least one hour prior to the bid submission deadline. Any and all late submittals of the bid security / bid bond shall be rejected, and it is the bidder’s responsibility, not the delivery service, to ensure said bid security / bid bond is delivered timely to the City Clerk’s office. The Bidder’s Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized. The bid security shall be given as a guarantee that the Bidder, if awarded the work, shall execute the contract in conformity with the Contract Documents and shall provide the surety bond or bonds as specified therein within fourteen (14) calendar days after a written Notice of Intent to Award Contract is deposited in the mail. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the City.

4. NONCOLLUSION AFFIDAVIT : Each bid shal l be accompanied by a notarized Noncollusion Affidavit on a form which is included in the Contract Documents.

5. SIGNATURE: Via the PlanetBids platform, the bid must be electronically or digitally signed in the name of the Bidder and must be person or persons duly authorized to sign the bid on behalf of the Bidder.

6. CORRECTIONS: Any corrections made to the submitted bid must be made electronically via PlanetBids.

7. DELIVERY OF PROPOSAL: Proposals shall be submitted electronically via PlanetBids: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. No other form of submittal shall be accepted by the City.

8. BID DEPOSIT RETURN: Deposits of three o r more low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the Bonds and Certificates of Insurance required and return of executed copies of the Agreement, which ever first occurs, at which time the deposits will be returned.

ATTACHMENT 3
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Project and Specification No. 25-20

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9. TAXES: No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

10. WITHDRAWAL OF BIDS : Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.

11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and Certificate of Insurance which he will be required to furnish prior to the execution of the Agreement, are included in the Contract Documents and should be carefully examined by the Bidder. The successful Bidder will be required to submit THREE (3) executed copies of the Agreement, the Performance Bond, the Payment Bond and the Certificate of Insuran ce. Payment and performance bonds shall be issued by a surety who is listed in the latest revision of U.S. Department of Treasury Circular 570 and Code of Civil Procedure Section 995.120. The Performance Bond and the Payment Bond shall be signed by both, t he Bidder and the Surety; and both signatures shall be notarized.

12. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT:

In the event the Bidder to whom the Notice of Intent to Award Contract is given fails or refuses to post the required bonds and Certificate of Insurance and return executed copies of the Agreement within fourteen (14) calendar days after notification, the City may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to post such security and execute such copies of the Agreement, and may give Notice of Intent to Award Contract to the next lowest responsive and responsible bidder, or may call for new bids.

13. BIDDERS INTERESTED IN MORE THAN ONE BID : No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same work unless alternate bids are specifically called for.

14. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

15. INTERPRETATION OF PLANS AND DOCUMENTS : If any Bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings and specifications, it may submit to the Engineer a written request for an interpretation or correction thereof. The Bidder submitting the Requ est for Interpretation (RFI) shall be responsible for its prompt delivery and on the form included within this IFB (Page B -6) Any interpretation or correction of the Contract Documents will be made only by addendum duly issued ATTACHMENT 3
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and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such unauthorized oral interpretation.

16. ADDENDA: The effect of all addenda to the Contract Documents shall be considered in the bid package and said addenda shall be made part of the Contract Documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and result in its rejection by the City.

17. QUESTIONS TO THE ENGINEER: Questions regarding the bid documents (i.e.

Plans, Specifications, Contract Documents, Bid Forms, etc.) will be received by the Engineer up to five (5) working days prior to the bid opening as specified in the Notice Inviting Bids. Questions asked of the Engineer after this time will not be addressed.

18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, must be submitted to the City. Only substitutions approved prior to bid due date via addenda Product Substitutions, will be considered. No substitutions will be considered after bid due date and cont ract award. It is the sole responsibility of the successful bidder to prove to the City that such a material is truly an equivalent.

19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the Bidder's financial resources, its construction experience, and its organization and plant facilities available for the performance of the contract.

20. LEGAL RESPONSIBILITIES: All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other Contract Documents, and to full compliance therewith. Additionally, any Bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification or type of workman required as set forth by t he Director of Industrial Relations of the State of California.

21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, ag e, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Se ction 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.

22. DRUG-FREE WORKPLACE POLICY : Contractor, upon notification of contract award, shall establish a Drug -Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee ATTACHMENT 3
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assistance programs available to employees. Each employee engaged in the performance of a City contract must be notified of this Drug -Free Awareness Program, and must abide by its terms. Contractor shall conform to all the requirements of City's Policy No. 100-5. Failure to establish a program, notify employees, or inform the City of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the City.

23. BID PROTEST PROCEDURES: Any bid protest must be submitted in writing before 5:00 PM of the 5th business day following bid openings. The initial protest document shall contain a complete statement of the basis for the protest. The protest shall refer to the specific portion of the document which forms the basis for the protest. The protest shall inc lude the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a re asonable prospect of receiving an award depending upon the outcome of the protest. Upon receipt of a bid protest, the matter shall be reviewed by the Public Services Director, whose decision shall be final. This procedure supersedes the procedure of appeal outlined in City of Costa Mesa Municipal Code Section 2-303.

24. ASSEMBLY BILL 626: Assembly Bill 626 (AB 626), adds section 9204 to the Public Contract Code creating a claims resolution process applicable to any claim (as defined) by a contractor against a public entity filed in connection with a public works project. Section 9204 appli es to public works contracts entered into on and after January 1, 2017. The legislation was supposed to sunset (end) on January 1, 2020, unless extended by subsequent legislation. The summary of Section 9204 is specified as follows:

In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

ATTACHMENT 3
686

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-348 Meeting Date: 8/4/2026
TITLE:

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS, FEDERAL PROJECT NO. HSIPL-5312(107), CITY PROJECT NO. 26-01
DEPARTMENT: PUBLIC WORKS DEPARTMENT/TRANSPORTATION SERVICES

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

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Signal Modernization for Systemic Safety Improvements, Federal Project No. HSIPL-5312(107), City Project No. 26-01, and find the project categorically exempt from the California Environmental Quality Act (CEQA).

2. Award a Public Works Agreement (PWA) for construction to Econolite Systems Inc. 1250 N Tustin Avenue, Anaheim CA 92807, in the amount of $2,709,902.68, and authorize a ten percent (10%) contingency in the amount of $270,990.27 for unforeseen costs related to the project.

3. Authorize the City Manager or designee to negotiate and approve future PWA amendment(s) to increase the total not-to-exceed compensation by up to $712,000.00 to utilize the full federal Highway Safety Improvement Program (HSIP) grant allocation.

4. Award a Professional Services Agreement (PSA) for construction management and inspection support services to C2PM, 22601 Summerfield, Suite 2, Mission Viejo, CA 92692, in the amount of $406,084.83, and authorize a ten percent (10%) contingency in the amount of $40,608.48.

5. Authorize an appropriation of $204,000 from the Measure M2 Fairshare (Fund 416) fund balance.

6. 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

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File #: 26-348 Meeting Date: 8/4/2026
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 submitted electronically to the California Governor’sOffice of Land Use and Climate Innovation on July 21, 2025, and was physically filed and posted at the Orange County Clerk-Recorder Department on July 22, 2025.

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

Per the Code of Federal Regulations 23 CFR 771.117(c)(8), the installation of traffic signals and equipment where no substantial land acquisition or traffic disruption will occur 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 July 18, 2025. On October 23, 2025, Caltrans provided concurrence with the NEPA determination of Categorical Exclusion.

BACKGROUND:

The Signal Modernization for Systemic Safety Improvements, Federal Project No. HSIPL-5312(107), City Project No. 26-01 (Project), is a federally funded project that will construct safety improvements at nearly all City-owned traffic signals.

In 2022, the City of Costa Mesa completed a Local Road Safety Plan (LRSP), which created a framework to identify, analyze and develop traffic safety enhancements on the City’s roadway network. The LRSP was developed in response to local issues and needs. The LRSP identified systemic infrastructure improvements that can be implemented throughout the City to enhance safety for all modes of travel. In late 2022, using data and recommendations from the LRSP, the City applied for grant funds for the 11th cycle of the Highway Safety Improvement Program (HSIP). In 2023, the City was awarded $3,636,090 of federal grant funds for the implementation and construction management of systemic safety improvements to nearly all its signalized intersections.

The grant program requires a 10% local match, which results in the federal funds accounting for 90% of project costs.

The Project will provide safety improvements for all users including implementing Leading Pedestrian Intervals (LPI) at 44 intersections, installing countdown pedestrian signals at 43 intersections, installing new yellow retroreflective border signal backplates at 128 signalized intersections to enhance visibility and compliance at traffic signals, upgrading all remaining 8”signal heads in the City to more visible 12”signal heads, installing battery backup systems at 16 major intersections to keep signals and pedestrian crossings active during unexpected power outages, and installing emergency vehicle preemption devices at 28 intersections to fill the remaining gaps in the preemption network for the City’s emergency services.

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 federally-funded project. A copy of the

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File #: 26-348 Meeting Date: 8/4/2026
RFP is available for review in the Office of the City Clerk.

ANALYSIS:

Project Construction:

The City received and opened ten (10) bids for this project on May 4, 2026. Econolite Systems Inc. (Econolite), is the apparent low bidder with a base bid proposal of $2,472,097.53. The bid abstract for this project is included as Attachment 1. Staff has elected to authorize the additive/deductive bid items for this Project. The total contract cost for Econolite, including the additive/deductive bid items is $2,709,902.68.

Staff has analyzed the bid proposal submitted by Econolite and found no errors or irregularities. Staff recommends that City Council authorize the use of the additive/deductive bid items and award a construction contract to the apparent lowest bidder, Econolite Systems, Inc. The license and references of Econolite have been checked, and staff has found them to be in good standing.

Upon City Council authorization to execute the Public Works Agreement (PWA), Econolite 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 “Notice to Proceed” will be issued.

Full Utilization of Available Grant Funds:

The total bid amount including additive/deductive bid items is significantly lower than the available federal grant amount awarded to the City, and there are additional grant funds that can still be utilized. Upon contract award, City staff can negotiate additional improvements to use the remaining available grant funds while providing only a 10% match. Staff recommends City Council authorize the City Manager or designee to negotiate and approve future PWA amendment(s) to increase the total not-to-exceed compensation by up to $712,000 to utilize the full federal HSIP grant allocation as needed. This will require $71,200 of additional city match to be budgeted to utilize an additional $640,800 of grant funds.

Some potential improvements that can be funded through future amendments include:
· New traffic signal heads and backplates;
· “No-Right-Turn Arrow” electronic blank-out signs to supplement leading pedestrian intervals; · Additional pedestrian count-down heads; and
· Emergency Vehicle Preemption replacements.

Project Construction Management and Inspection Support:

On April 3, 2026, the City issued a Request for Proposals (RFP) for Construction Management and Inspection Support Services for the Project. Four (4) consultant proposals were received on April 27, 2026.

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. Since these services are grant funded, the City’s evaluation and selection process was conducted in accordance with federal consultant selection procedures. In

Page 3 of 5 ends

689
File #: 26-348 Meeting Date: 8/4/2026
selection process was conducted in accordance with federal consultant selection procedures. In accordance with federal requirements, the responsive responsible proposer shall be determined based on evaluation of qualitative factors and not based on cost. During the evaluation process, the following criteria was used:

1. Project Approach & Methodology ------------------------------------------------- 40%

2. Qualifications & Experience of Firm ---------------------------------------------- 30%

3. Experience and Record of Success on Similar Federal Projects --------- 30% After careful review of the proposals, the evaluation team identified and interviewed the two highest ranked consultants. After the interviews, the evaluation team determined the ranking of the top two consultants (in order):

1. C2PM

2. DCCM Infrastructure, Inc.

Staff determined that the highest ranked consultant, C2PM, is well qualified to perform the requested construction management and inspection support services for the project. The proposal and interviews showed that C2PM has a thorough understanding of the project, the contract documents, and federal requirements. C2PM’s proposal showcased experience working on federally funded projects as they are currently working on a very large-scale federally funded project for Caltrans. The fees proposed by C2PM were initially high but were negotiated down by City staff, consistent with federal requirements, to be competitive and commensurate with the requested services.

The second highest ranked consultant, DCCM Infrastructure, Inc., was qualified to perform the construction management and inspection support services. DCCM’s proposal showcased an extensive experience in federally funded projects of similar scale and type. During the consultant interviews, however, the proposed project team was not able to properly showcase their knowledge and experience related to recently updated federal procedures and requirements.

Therefore, staff recommends that the City Council award a Professional Services Agreement (PSA) for construction management and inspection support services to C2PM, (Attachment 3) in the amount of $406,084.83, and authorize a ten percent (10%) contingency in the amount of $40,608.48.

Contingency:

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

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 consultant proposals and re-advertise the RFP for construction management and inspection services will not result in lower cost proposals and will only delay the project delivery.

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File #: 26-348 Meeting Date: 8/4/2026
FISCAL REVIEW:

Majority of the funding for the construction and construction management is available in the FY 2026- 27 Capital Improvement Program budget, consisting of Federal Highway Safety Improvement Program (HSIP) (Fund 230), and Regional Measure M2 Fairshare (Fund 416). To utilize all the awarded grant funds for the project, staff is requesting City Council approve an appropriation of an additional $204,000 from the Measure M2 Fairshare Fund 416 fund balance.

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.

CONCLUSION:

Staff recommends the City Council:

3. Authorize the City Manager or designee to approve future PWA amendment(s) to increase the total not-to-exceed compensation by up to $712,000.00 to utilize the full federal Highway Safety Improvement Program (HSIP) grant allocation.

5. Authorize an appropriation of $204,000 from the Measure M2 Fairshare Fund 416 fund balance.

6. 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.

Page 5 of 5 ends

691
City
Total Base Bid
(determines
lowest bidder)
Total Base Bid
+ Additive/
Deductive Bid
ANAHEIM $2,472,097.53 $2,709,902.68
CHINO $2,586,337.00 $2,927,601.00
LA PUENTE $2,599,719.00 $2,908,335.00
CORONA $2,658,749.00 $2,887,593.00
ALVISO $2,791,425.00 $3,040,905.00
ANAHEIM $3,091,660.00 $3,285,700.00
COMPTON $3,184,394.64 $3,319,939.28
CHINO $3,244,455.00 $3,299,895.00
ANAHEIM $3,257,171.00 $3,377,599.00
RANCHO
CUCAMONGA $3,521,145.00 $3,806,045.00
$2,940,715.32 $3,156,351.50AVERAGE

5. BEAR ELECTRICAL SOLUTIONS, INC.

Bidder

4. INTERNATIONAL LINE BUILDERS, INC.

10. FERREIRA COASTAL CONSTRUCTION

1. ECONOLITE SYSTEMS, INC.

2. ELECNOR BELCO ELECTRIC, INC.

6. YUNEX LLC

7. ALFARO COMMUNICATIONS
CONSTRUCTION, INC.

8. CROSSTOWN ELECTRICAL & DATA, INC.

9. SELECT ELECTRIC, INC.

BID RESULTS

3. CALIFORNIA PROFESSIONAL
ENGINEERING, INC.

BID OPENING RESULTS: MAY 4, 2026
ATTACHMENT 1

PUBLIC WORKS DEPARTMENT

SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS
FEDERAL PROJECT NO. HSIPL-5312(107)
CITY PROJECT NO. 26-01

CITY OF COSTA MESA
692
1 CITY OF COSTA MESA

PUBLIC WORKS

AGREEMENT FOR
CITY PROJECT NO. 26-01

THIS PUBLI
C WORKS AGREEMENT (“Agreement”), dated July 1, 2026
(“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and ECONOLITE SYSTEMS, I NC., a California corporation (“CONTRACTOR”).

WHEREA
S, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and
WHEREA
S, CITY has determined that CONTRACTOR is the lowest responsible bidder; and

WHEREAS,
CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and
WHEREA
S, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

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

1. SCOPE OF
WORK.

The scope of
work generally consists of traffic signal modifications to implement safety upgrades at 128 signalized intersections in the City, including new retroreflective border backplates, countdown pedestrian signals, upgrading 8” signal heads to 12” signal heads, implementing leading pedestrian intervals, installing battery backup systems and emergency vehicle preemption. (the “Work”).

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

The Project
is known as the Singal Modernization for Systemic Safety Improvements Project, Federal Project No. HSIPL-5312(107), City Project No. 26-01 (the “Project”).

2. CONTRACT DOCUMENTS.

The complet
e Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(b) CONTR
ACTOR’s bid, attached hereto as Exhibit “A” and incorporated herein;
ATTACHMENT 2
693
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
2 (c) Bid packag e, including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. The bid package is attached hereto as Exhibit “B” and incorporated herein;

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

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

(f) Federal funding supplement (David Bacon Act and Equal Opportunity Clause) as attached hereto as Exhibit “E” and incorporated herein;

(g) Required Contract Provisions for Federal-Aid Construction Contracts (Local Assistance Procedures Manual Exhibit 12- G Required; Federal -Aid Contract Language; Form FHWA-1273 (Without Modification) 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; 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.

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.”

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.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY’S REPRESENTATIVE.

694
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
3 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.

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.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Two Million Seven Hundred Nine Thousand Nine Hundred Two Dollars and Sixty -Eight Cents ($2,709,902.68).

8. ADDITIONAL SERVICES.

It is specifically understood that oral requests or approvals of such additional 695
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
4 services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.

9. PAYMENTS TO CONTRACTOR.

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.

CONTRACTOR shall be entitled to any interest earned on the securities.

10. PROMPT PAYMENT OF SUBCONTRACTORS.

696
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
5 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 Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within 95 working days from the first day of commencement of the Work.

12. TERMINATION.

(a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

(b) Termination for Breach of Contract.

(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.

697
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
6 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.

14. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR , and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

698
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
7 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.

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.

19. CONTRACT SECURITY AND GUARANTEE.

Department of the Treasury Circular 570; and must be shown to have suffici ent 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 699
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
8 Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

20. INDEMNIFICATION.

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 700
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
9 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 reas on of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.

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 its 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.

21. INSURANCE.

701
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
10 (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.

(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.

(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 702
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
11 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.”

(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.

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 703
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
12 any failure or alleged failure to comply with the Prevailing Wage Laws.

(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 worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one- half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(f) Registration with DIR. CONTRACTOR and any subcontractor(s) of 704
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
13 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.

24. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR shall conform to a ll the requirements of CITY’s Policy No. 100- 5, attached hereto. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

25. NON–DISCRIMINATION.

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

27. NOTICES.

All other notices shall be in writing and delivered in person or sent by certified mail, 705
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
14 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:

Econolite Systems, Inc.
1250 N Tustin Ave
Anaheim, CA 92807
Attn: Patrick Showalter

Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:

_________________
_________________
_________________
Attn: ___________

28. INDEPENDENT CONTRACTOR.

29. P ERS ELIGIBILITY INDEMNIFICATION.

In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be elig ible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR 706
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
15 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.

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.

33. ASSIGNABILITY.

34. WAIVER.

707
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
16 35. HEADINGS.

36. CONSTRUCTION.

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.

[Signature page follows.]
708
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
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

709
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
18 APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director

__________________________________ Date: _____________________ Ramin Nikoui
Project Manager

710

EXHIBIT A

CONTRACTOR’S BID

711
712
713
714
715
716
717
718
P-8
Project and Specification
Federal Project No. HSIPL-5312(107)
City Project No. 26-01

PROPOSAL SCHEDULE
(CONTINUED)
NOTES:

1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder shall make his/her own estimate from the drawings and field review for verification. If the unit price and the total amount are different, the unit price will control the bid. Payment shall be based on actual work done and/or actual quantities used.

2. The City reserves the right to delete one or more bid items and/or to increase or decrease bid items quantities, at no additional cost to the City.

3. F.A. designates force account. Payment shall be made on a time and materials basis, only if directed by the ENGINEER.

4. (*) Schedule of Values shall be submitted before 4:00 PM of the 4th business day following the bid opening. Schedule of values shall include quantities and unit prices. Price includes the indirect cost mark up.

5. (F) Designates Final Pay Item. When an item of work is designated as FINAL PAY ITEM in the Specifications, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as FINAL PAY ITEM in the Specifications, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the Engineers Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineers Estimate.

6. Bidder declares that it has read and understands Items 14 & 15 of Information for Bidders (Page B-2 and B-3).

7. Bidder agrees to initial or notarize (if applicable) all proposal pages where initials requires uploaded onto PlanetBids.
_____________
Bidder's Initials
719
720
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-10

PROPOSAL SCHEDULE
(CONTINUED)
The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents.

The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the above requirements are not complied with.
_____________
Bidder's Initials
721
722
723
724
725
726
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-14

CITY OF COSTA MESA BIDDERS LIST
All bidders/proposers are required to provide the following information for all DBE and non-DBE subcontractors and suppliers, who provided a proposal, bid, quote, or were contacted by the proposed prime. This information is also required from the proposed prime contractor, and must be submitted with their bid/proposal. City of Costa Mesa will use this information to maintain and update a “Bidders List” to assist in evaluating the level of DBE participation on all Public Works projects. To the extent permitted by law, all information submitted will be held in confidence.

If Bidders List information is not submitted with the bid, it shall be submitted to the City of Costa Mesa, Construction Management Division, 77 Fair Drive, Costa Mesa, CA 92626, no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following the bid opening. Bidders List information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required Bidders List information by the time specified will be grounds for finding the bid or proposal non-responsive.

Firm Name: __Nextech Systems______________ Phone: __949-916-2664________ Address: __13885 Alton Parkway, Suite A________ Fax: __949-916-2665_______ ___Irvine, CA 92618___________________
Contact Person: ___Janna McKhann________________________ No. of years in business:
__26__
Is the firm currently certified as a DBE under 49 CFR Part 26? YES NO Type of work/services/materials provided by firm? __Traffic Safety systems and solutions__ What was your firm’s Gross Annual receipts for last year? Less than $1 Million
Less than $5 Million
Less than $10 Million
Less than $15 Million
More than $15 Million
This form can be duplicated if necessary to report all bidders (DBE subcontractors, non-DBE subcontractors and/or suppliers’ information).
727
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-14

CITY OF COSTA MESA BIDDERS LIST

All bidders/proposers are required to provide the following information for all DBE and non-DBE subcontractors and suppliers, who provided a proposal, bid, quote, or were contacted by the proposed prime. This information is also required from the proposed prime contractor, and must be submitted with their bid/proposal. City of Costa Mesa will use this information to maintain and update a “Bidders List” to assist in evaluating the level of DBE participation on all Public Works projects. To the extent permitted by law, all information submitted will be held in confidence.

Firm Name: ___________________________________ Phone: _____________________

Address: _____________________________________ Fax: _______________________

_____________________________________

Contact Person: _______________________________ No. of years in business: _______

Is the firm currently certified as a DBE under 49 CFR Part 26?

YES NO

Type of work/services/materials provided by firm? __________________________________

What was your firm’s Gross Annual receipts for last year?

Less than $1 Million
Less than $5 Million
Less than $10 Million
Less than $15 Million
More than $15 Million

This form can be duplicated if necessary to report all bidders (DBE subcontractors, non-DBE subcontractors and/or suppliers’ information).

Swarco McCain
760-727-8100
2365 Oak Ridge Way
Vista, CA 92081
Elia Herrera
39 Traffic Signal Equipment
728
729
730
731
732
733
734
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-16

CONTRACT ASSURANCE
The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

The CONTRACTOR will require that the above provision is included in all subcontracts. _____________
Bidder's Initial
735
736
737
738
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-19

DRUG-FREE WORKPLACE POLICY
CONTRACTOR, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. Failure to establish a program, notify employees, or inform CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by CITY.

CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5.

A copy of this policy is attached to the sample contract agreement as Attachment No. 1 in the Project Specifications.
_____________
Bidder's Initials
739
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-20

FEDERAL REQUIREMENTS
(BID PROPOSAL)
Federal Lobbying Restrictions:

Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal-aid contract, the making of any federal grant or loan, or the entering into of any cooperative agreement.

If any funds other than federal funds have been paid for the same purposes in connection with this federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.

A certification for federal-aid contracts regarding payment of funds to lobby Congress or a federal agency is included in the Proposal. Standard Form - LLL, Disclosure of Lobbying Activities, with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification.

The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.

The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action;
or
(3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.
740
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-21
Design Engineer May Not Bid On Construction Contract
No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.
741
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-22

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:

Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 742 Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-23

NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 743
744
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-25

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.

Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
745
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-26

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered.

Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

SF-LLL-Instructions Rev. 06-04-90«ENDIF»
746
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-27
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date: __________________________
Signature and Title of Bidder
Business Address ______________________________________ Place of Business _______________________________________ Place of Residence _____________________________________ 747
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-28

PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not _ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space. 748
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-29
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
749
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-30

AFFIRMATIVE ACTION QUESTIONNAIRE
ORDINANCE NUMBER 1451
Paragraph B.1, Section 1.

1. All contractors and subcontractors shall submit for approval to the Affirmative Action Officer of the City and Federal Government, when necessary, prior to the award of a contract, a written Affirmative Action Program in which the contractor or subcontractor, as the case may be, agrees to meet the following minimum requirements:
a. The contractor or subcontractor shall recruit and hire a work force that reflects the ethnic composition of the resident population of the City. The most current census data shall be used as a guide in determining such required composition.

In order to further the purpose of the project, the work force shall be recruited from the following areas in the order of their priority:

1. The resident population of the official target areas of the City, as may be designated by the Affirmative Action Department or the Council;

2. The resident population of the City as a whole; and

3. No contractor or subcontractor shall be found to be in noncompliance solely on account of its goals within its timetable, but such contractors shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified in Paragraph B, Subsection I, and has made every good faith effort to make these steps work toward the attainment of its goals within its timetables, all to the purpose of expanding minority and residential manpower utilization on all of its projects in the Costa Mesa community;

4. The resident population of the unincorporated areas of the County contiguous to the City.
b. The contractor and all subcontractors shall be required to establish a plan for the hiring of minority workers. Such a plan shall include referral procedures for hiring programs, or any other comparable programs. The contractor or subcontractor pursuant to any such plan shall utilize any applicable Federal or locally subsidized program for the training and hiring of minority workers.

2. Upon acceptance of the respective Affirmative Action Programs by the Affirmative Action Officer of the City, such programs shall become a part of the contractor's and subcontractor's contracts as if fully set forth in its terms and conditions. 750
751
752
753
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-33

3. Have you examined your company's practices regarding assignments, layoffs, or transfers of your employees from one job to another for evidence of practice or employment pattern that might appear to be discriminatory and based upon race, religion, or national origin? Are they nondiscriminatory? ______________

4. Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees? Yes - Safety Programs a) How many people participate in these programs? _______________ b) How many are minorities? _______________
c) Does your help wanted advertising state that you are an equal opportunity employer, male or female? _______________

5. Are any apprentices obtained from sources outside the employer's work force? _______________ If yes, have you circulated information about apprenticeship openings or opportunities to the following?
State Employment Office _______________
Newspapers or other media _______________
High schools, including those in minority group areas _______________ Local trade or vocational schools, including those with minority group students _______________
Agencies and/or organizations specializing in minority employment ______________
Federal or State apprenticeship representatives _______________ Name
Other - Name

6. If you are a prime contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to the nondiscrimination provisions of the City of Costa Mesa contracts? ______________

7. Have all recruitment sources been advised that all qualified applicants will receive consideration for employment without regard to race, color, creed or national origin? _______________

8. Identify (names and addresses) the employment agencies, personal recruitment organizations, newspaper advertising or other nonunion sources from which the company recruits its personnel.
754
755
Project and Specifications
Federal Project No. HSIPL-5312(107)
City Project No. 26-01
P-35

CERTIFICATION WITH REGARD TO THE PERFORMANCE

OF PREVIOUS CONTRACTS OR SUBCONTRACTS

SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE

AND THE FILING OF REQUIRED REPORTS
The
bidder_________________________________________________________________ , proposed subcontractor
_______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.

Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
756
757
758
759
760
761
Bid Addendum No. 1
Project and Specifications No. 26-01

Page 2 of 3 ends

30: Cabinet=Gibbons Enclosures, D-Panel= None
31: Cabinet= PEEK, D-Panel= None
33: Cabinet= PEEK, D-Panel= Econolite ASC-8000
34: Cabinet=Gibbons Enclosures, D-Panel= Econolite ASC-8000 35: Cabinet= Econolite, D-Panel= Econolite ASC-8000
36: Cabinet= Econolite, D-Panel= Econolite ASC-8000
38: Cabinet= WW Metal Fabrication, D-Panel= Econolite ASC-8000 42: Cabinet= Unknown, D-Panel= Econolite ASC-8000
43: Cabinet= PEEK, D-Panel= None
82: Cabinet= Siemens, D-Panel= Econolite ASC-8000
84: Cabinet= Econolite, D-Panel= Econolite ASC-8000
92: Cabinet= Econolite, D-Panel= Econolite ASC-8000
94: Cabinet= Unknown, D-Panel= Econolite ASC-8000
95: Cabinet=Gibbons Enclosures, D-Panel= Econolite ASC-8000 96: Cabinet=Gibbons Enclosures, D-Panel= Econolite ASC-8000 98: Cabinet= Unknown, D-Panel= None
99: Cabinet=Gibbons Enclosures, D-Panel= Econolite ASC-8000 100: Cabinet= Unknown, D-Panel= Econolite ASC-8000
109: Cabinet=Gibbons Enclosures, D-Panel= Econolite ASC-8000 119: Cabinet= Econolite, D-Panel= Econolite ASC-8000

2. Regarding Bid Line Item No. 11, which states, Contractor shall thoroughly clean and acid-wash existing signal head assembly, would the City approve the use of an alternative, more environmentally friendly cleaning solution and methodology that minimizes potential hazards to the public and passing vehicles, including exposure to irritants and overspray?

Answer: The intent of Bid Item No. 11 is to properly clean the signal head prior to painting the signal head in preparation for retroreflective tape on the backplate. After Contract award, if the Contractor can properly demonstrate that the method and material is equivalent and can properly clean the signal head then the City may approve it as an equivalent material and method and a submittal can be sent as an equivalent. If the City determines that the alternate does not yield the intended results or is not sufficient, the Contractor will be required to follow the plans and specifications as intended.

3. Working Days: The Contract states that the contractor shall commence the Work within ten (10) days after the date of execution of the Contract and complete the Work within ninety-five (95) working days from the first day of construction as established by the Notice to Proceed for Construction. Please clarify whether the ninety-five (95) working days include material procurement, or if this period begins only after materials are received and on-site construction activities commence.

Answer: There will be 2 Notice to Proceeds (NTP) that will be issued, one for administrative work such as traffic control plans, submittals and procurement, and one for Construction where the working days will begin counting. The City will work with the Contractor to set an appropriate date for the NTP for Construction to account for material delivery times.

4. Would like to request a site survey for 29 locations potentially needing new D-Panels. Can the city provide access to perform a site survey for 29 cabinet locations that may require a new Econolite ASC-8000 "D" Connector Interface Panel? This is in effort to determine if a new panel is required or what panel currently exists in the cabinet. Based on the site survey, would it be possible to request a due date extension?

762
763

EXHIBIT B

BID PACKAGE

764

EXHIBIT C

BONDS

765

EXHIBIT D

DRUG-FREE WORKPLACE POLICY

766

EXHIBIT E

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

767

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

768
1 C2PM
Rev. 06-2026

CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH C2PM

THIS PRO
FESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July, 2026 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and C2PM, a California corporation (“Consultant”).

RECITAL
S
A. City p
roposes to utilize the services of Consultant as an independent contractor to provide consturction management and inspection support services for S ignal Modernization for Systemic Safety Impovements (Federal Project No. HSIPL-5312(107) City Project No. 26-01), 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 offici
al 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, TH
EREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PR

OVIDED BY CONSULTANT

1.1. Scope of S
ervices. Consultant shall provide the professional services described in City’s Request for Proposals No. 26-18, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

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

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

Further, pursuant to the requirements of Article XXX, Consultant’s performance will be evaluated by the City . A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as a part of the Agreement record.

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 harassment, workplace violence, discrimination, minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, e xcept as permitted pursuant to s ection 12940 of the Government Code. In addition, Consultant shall comply with the Non-Discrimination Clause and Statement of Compliance as delineated in Article XVI, attached as Exhibit “N” to this PSA.

Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.

(a) Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

(b) Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age , religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

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(c) If requested to do so by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

(d) Contractor shall recruit vigorously and encourage minority - and women- owned businesses to bid its subcontracts.

(e) Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.

(f) The Contractor shall include the provisions set forth in subparagraphs (a) through (e) (above) in each of its subcontracts.

(g) The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the State of California that the Consultant has, unless exempt, complied with the nondiscrimination requirements of Government Code § 12990 and 2 CCR § 8103.

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.

1.9. Workplace Safety. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, ordinances, codes and regulations.

(a) Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Costa Mesa City Risk Manager's 771
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Office by telephone. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub -Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of City's equipment, tools, material, or staff were involved.

(b) Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident.

1.10. State Prevailing Wage Rates.

(a) No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.

(b) The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation’s Regional/District Labor Compliance Officer.

(c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

(d) Payroll Records: 1) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employees by the Consultant or Subconsultant; 2) The payroll records enumerated under paragraph 1) above shall be certified as correct by the Consultant under penalty of perjury. Each Consultant shall submit a certified copy of the records to the entity that requested the records within ten (10) calendar days after receipt of the written request.

(e) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City’s Contract Administrator.

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(f) Penalty. The Consultant and any of its Subconsultants shall comply with Labor Code § 1774 and § 1775. Pursuant to § 1775, the Consultant and any Subconsultants shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by Consultant or by its Subconsultants in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive.

(g) Pursuant to Labor Code § 1775, the City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

2.0. COMPENSATION AND BILLING

2.1. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” (Consultant’s Cost Proposal) attached hereto and made a part of this Agreement. Consultant’s total compensation, based upon lump sum, shall not exceed Four Hundred Six Thousand Eighty-Four Dollars and Eighty-Three Cents ($406,084.83).

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. Prompt Payment From Local City To Consultant. The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary.

Upon receipt of the payment request, the City shall act in accordance with both of the following:
(a) The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(b) The City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall 773
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include documentation setting forth in writing the reasons why it is an improper payment request.

2.5. Prompt Payment Certification. Consultant must now submit Exhibit 9-P (pursuant to Article XXX) to the City administering the contract by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The City must verify all Exhibit 9 -P information, monitor compliance with prompt payment requirements for DBE and non- DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The City must email a copy of Exhibit 9- P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Consultant.

2.6. Prompt Payment of Withheld Funds to Subconsultants. The City may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the City, or the contract work, and pay retainage to Consultant based on these acceptances. The City shall designate that no retainage will be held by the City from progress payments due to Consultant. Consultant and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performanc e and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

2.7. Retention of Records, Audits and Audit Review Procedure. (a) For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant, Subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

(b) Any dispute concerning a question of fact arising under an interim or 774
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post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City’s Chief Financial Officer.

(c) Not later than thirty (30) calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

(d) Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.

(e) Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion.

Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

(f) Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

(1) During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, 775
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City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be
ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty
percent (150%) and two hundred percent (200%) - the
accepted rate will be eighty-five percent (85%) of the
proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy -five percent (75%) of the proposed rate.

(2) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.

(3) If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for
reimbursement purposes under this Agreement.

(4) Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or
subconsultant, with the same fiscal period ICR.

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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 AgreementFailure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

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

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of twenty-four (24) months, ending on July 21, 2028 , unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) one (1) year period upon mutual written agreement of both parties.

4.2. This AGREEMENT may be terminated by City, provided that City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

4.3. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.

4.4. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such 777
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time as the exact amount of damages, if any, due City from Consultant is determined.

4.5. In the event of termination, Consultant shall be compensated as provided for in this Agreement. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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 Best’s Key Insurance Rating Guide, and approved by City:

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

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

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 778
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completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

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

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

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

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

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to 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.

5.6. Excess Coverage . To the extent that Contractor maintains any insurance coverage(s) in amounts or types which are not expressly called out in this Agreement, such additional coverage(s) shall be deemed to be required by this Agreement.

5.7. Federal Insurance Requirements. If required by Article XIX, Consultant shall maintain insurance in accordance with those requirements.

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 779
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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 t his 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. Debarment and Suspension Certification: Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000.

(a) By signing this agreement and Exhibit “Q,” Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.

(b) By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency;

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.

(c) Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate party to whom the exceptions apply, the initiating agency, and the dates of agency action.

(d) Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

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6.5. Additional Contract Provisions – Federal. Contractor shall comply with all of the terms and conditions of Exhibit “E,” Article XXXI Title VI Assurances, Appendices A-E of the Title VI Assurances (Appendix A; Appendix B; Clauses for Deeds Transferring United States Property; Appendix C, Clauses for Transfer of Real Property Acquired or Improved Under the Activity, Facility, or Program; Appendix D, Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility, or Program; and Appendix E) which is attached hereto and incorporated herein by this reference as though set forth in full. Exhibit “F,” Article III, Statement of Work; Exhibit “G,”Article IV, Performance Period; Exhibit “H,”Article V, Allowable Costs and Payments; Exhibit “I,” Article VII, Cost Principle and Administrative Requirements; Exhibit “J,”Article X, Subcontracting; Exhibit “K,”Article XI, Equipment Purchase and Other Capital Expenditures; Exhibit “L” Article XII, State Prevailing Wage Rates; Exhibit “M,” Article XIII Conflict of Interest; Exhibit “N” Article XIV, Rebates, Kickbacks or Other Unlawful Consideration; Exhibit “O,”Article XV, Prohibition of Expending City, State, or Federal Funds for Lobbying; Exhibit “P,” Article XVI, Non-Discrimination Clause And Statement Of Compliance; Exhibit “Q,” Article XVII, Debarment and Suspension Certification; Exhibit “R,” Article XX, Funding Requirements; Exhibit “S,” Article XXI, Change In Terms; Exhibit “T,” Article XXIII, Disputes; Exhibit “U,” Article XXIV, Inspection of Work; Exhibit “V,” Article XXV, Safety; and Exhibit “W,” Article XXXIII, Contract.

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

IF TO CONSULTANT: IF TO CITY:

C2PM
22601 Summerfield, Suite 2
Mission Viejo, CA 92692
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626

Tel: (949) 254-9077 Tel: (714) 754-5184
Attn: Rowena Altaha Attn: Ramin Nikoui

Courtesy copy to:

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

6.7. 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 781
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immediate termination of this Agreement by City.

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

6.9. 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 Los Angeles County, California.

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

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

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

In addition, Consultant must also comply with Article XXVII Claims Filed by City’s Construction Contractor as follows:

(a) If claims are filed by City’s construction contractor relating to work 782
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performed by Consultant ’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

(b) Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City.Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.
(c) Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

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

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

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

6.14. Ownership/Confidentiality of Data/Documents.

(a) It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this 783
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Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.

(b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. (c) Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

(d) Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). (e) City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

(f) All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.

(g) Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.

(h) Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.
(i) Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by 784
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City, and receipt of City’s written permission.

(j) Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

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. In addition, Consultant must comply with the federal Conflict of Interest provisions delineated in Article XIII, attached hereto as Exhibit “M”.
.

6.17. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants this this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, i.e., a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement prices or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

6.18. Prohibition of Expending City, State, or Federal Funds for Lobbying.

(a) The Consultant certifies, to the best of his or her knowledge and belief, that 1) No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
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(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(c) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite form making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

(d) The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

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

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

6.21. National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

6.22. 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.

6.23. 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.
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6.24. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.25. 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.

6.26. 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.

6.27. 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.

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

6.29. 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.

6.30. 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.

6.31. 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.

6.32. 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.

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[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: __________________________ Finance Director

790

EXHIBIT A

REQUEST FOR PROPOSALS

791

EXHIBIT B

CONSULTANT’S PROPOSAL
792
793
CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION April 27, 2026
Mr. Kevin Gaxiola
Senior Management Analyst
City of Costa Mesa
Public Works Department
SUBJECT: CONSTRUCTION MANAGEMENT AND INSPECTION SUPPORT SERVICES FOR SIGNAL MODERNIZATION FOR SYSTEMIC SAFETY IMPROVEMENTS (FEDERAL PROJECT NO. HSIPL-5312(107), CITY PROJECT NO. 26-01)
Dear Mr. Gaxiola and Selection Committee,
C2PM is pleased to submit this proposal to provide Construction Management and Inspection (CM/CI) Support Services for the City of Costa Mesa’s (City) Signal Modernization for Systemic Safety Improvements Project (Project). We understand the City’s goal is to efficiently deliver safety- focused upgrades across 128 signalized intersections within a compressed 95 working day construction window, while maintaining strict compliance with federal requirements and minimizing impacts to the community. Our CM/CI team brings extensive experience delivering federally funded transportation projects administered through Caltrans, with a strong command of the Local Assistance Procedures Manual (LAPM), federal reporting requirements, labor compliance, and documentation protocols. We understand that this project requires not only technical expertise in traffic signal systems , including signal head upgrades, pedestrian safety enhancements, emergency preemption, and battery backup systems, but also disciplined contract administration, proactive coordination, and real-time responsiveness to City staff and contractors.

C2PM is a full-service Program, Project, and Construction Management firm with 25 years of experience, with roots in general contracting dating back to 1997. Our depth of experience is critical to the value we bring to our clients, providing our team with a practical, field-driven understanding of construction means and methods, cost drivers, sequencing, and contractor-minded decision- making that translates into more accurate cost estimating, stronger construction oversight, proactive management of unforeseen conditions, and more effective risk mitigation.

Over the past two decades, C2PM has successfully supported the delivery of more than $15 billion in capital improvement programs (CIP) for public agencies throughout California. Our experience spans roadway and highway improvements, bridges and structures, water and wastewater systems, storm drain infrastructure, transit systems, airport facilities, and public buildings. We have provided Construction Management, Construction Inspection, Cost Estimating, and Traffic Safety control services to municipalities including City of Los Angeles, Orange County, San Diego, Irvine, Lake Forest, Fullerton, Tustin, Perris, Alameda, Pittsburg, Oakland, and Benicia.

UNDERSTANDING & APPROACH
C2PM will provide a dedicated Resident Engineer (RE) and experienced inspection staff to deliver full-service construction management, including contract administration, schedule and cost control, inspection, documentation, and federal compliance oversight. Our approach emphasizes:
§ Proactive Field Coordination: Rapid issue resolution, continuous communication, and close coordination with contractors & stakeholders to maintain schedule. 1 794
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CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION

TABLE OF CONTENTS
COVER LETTER ................................................................. 1 SECTION 1 - BACKGROUND AND PROJECT SUMMARY ................. 4 SECTION 2 - PROJECT APPROACH & METHODOLOGY ................. 5 SECTION 3 - QUALIFICATIONS & EXPERIENCE OF FIRM .............. 10 SECTION 4 - EXPERIENCE & RECORD OF SUCCESS ON SIMILAR
FEDERAL PROJECTS .......................................................... 20 SECTION 5 - FINANCIAL CAPACITY ....................................... 21 SECTION 6 - COST PROPOSAL ............................................. 21 FORMS .......................................................................... 22

VENDOR APPLICATION FORM

COMPANY PROFILE & REFERENCES

EX PARTE COMMUNICATIONS CERTIFICATE

DISCLOSURE OF GOVERNMENT POSITIONS

DISQUALIFICATIONS QUESTIONNAIRE

BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
LAPM EXHIBIT 10-Q – DISCLOSURE OF LOBBYING ACTIVITIES
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CITY OF COSTA MESA: RFP 26-18
SECTION 1 - BACKGROUND AND

PROJECT SUMMARY
C2PM understands that the City is seeking
CM/CI support services for the federally funded
Project, which will implement critical safety and
operational upgrades at approximately 128 of
the City’s 131 signalized intersection
improvements throughout the City including
installation of retroreflective border backplates
at signalized intersections, new countdown
pedestrian signal heads, upgrades of 8-inch
signal heads to 12-inch signal heads,
emergency vehicle preemption, battery backup
systems, and leading pedestrian intervals at
select intersections . This federally funded
project must be delivered within a compressed
95-day construction schedule and in strict
accordance with Caltrans LAPM requirements,
as well as all applicable federal, state, and local
regulations.

The project plans confirm that the work is
distributed citywide across multiple major
corridors and intersection groups, including
locations along Fairview Road, Bristol Street,
Newport Boulevard, Harbor Boulevard, Baker
Street, Bear Street, Adams Avenue, Victoria
Street, Sunflower Avenue, Placentia Avenue,
and other local streets. Several plan sheets also
identify intersections near or adjacent to
sensitive and high-activity areas such as
schools, South Coast Plaza, Metro Pointe, the
City Yard, Fairview Pa rk, and city boundaries
with Santa Ana and Newport Beach. This
citywide distribution requires a CM/CI team that
can coordinate multiple work fronts, maintain
consistent field documentation, monitor traffic
control and pedestrian access, and support
efficient construction sequencing without
unnecessary disruption to residents,
businesses, schools, and visitors.

We understand the City’s primary objective is to
complete these safety improvements
efficiently, safely, and in full compliance with
the project plans, specifications, Caltrans
requirements, and federal-aid procedures. The
Scope of Services in Appendix A requires
comprehensive CM/CI services to support the
City through all phases of construction. This
includes plan review, inspection, quality
assurance, coordination with stakeholders ,
contract administration, documentation,
schedule review, RFI and submittal processing,
change order support, labor compliance,
federal reporting, project records, and
adherence to federal-aid requirements such as
certified payroll, Buy America provisions, and
detailed project recordkeeping.

C2PM further understands that successful
delivery will depend on proactive coordination
during pre-construction, construction, and
closeout. During the initial construction phase,
the consultant is expected to review the PS&E,
identify constructability issues, initiate the
project control system, prepare Caltrans pre-
construction documentation, complete LAPM
Exhibit 15-B, review the Contractor’s schedule
and submittals, support the pre-construction
meeting, review labor provisions and EEO
requirements, and establish a City/Caltrans-
compliant project filing structure. During
construction, the consultant must provide on-
the-job inspection, daily and weekly reports,
certified payroll review, employee interviews,
prompt payment tracking, photo
documentation, quantity calculations, Q -
sheets, progress payment support, RFI and
change order processing, schedule monitoring,
traffic control oversight, and federal
documentation tracking.
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CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION SECTION 2 - PROJECT APPROACH &

METHODOLOGY

PROJECT FAMILIARITY AND UNDERSTANDING OF

WORK OBJECTIVES
C2PM understands that this project is a
citywide, federally funded traffic signal safety
improvement effort requiring coordinated
construction management across numerous
active intersections within a compressed
construction duration. Because the work will
occur at 128 signalized intersections
throughout Costa Mesa, successful delivery will
depend on early project familiarization, clear
sequencing, consistent inspection coverage,
disciplined federal documentation, and close
coordination with the City, Contractor, utilities,
schools, adjacent businesses, and high-activity
destinations.

C2PM’s approach will begin with a detailed
review of the project plans, specifications, bid
items, federal requirements, site visit to the
intersection locations, and Contractor’s
proposed schedule. This review will allow our
Resident Engineer (RE), Shahrdad
Deravi, PE and Senior Inspector,
Steven DeMarr, ICC to identify work
locations requiring heightened
coordination, including intersections
near schools, South Coast Plaza,
Segerstrom Center for the Arts,
Orange Coast College, Fairview Park,
City facilities, and major commercial
corridors. Our team will use this early
review to anticipate access and traffic
flow constraints, detours, traffic
control needs, pedestrian routing,
signal equipment coordination, and
pre-construction property condition
documentation before field work
begins.

The primary objective of C2PM’s
approach is to assist the City deliver
the signal modernization
improvements safely, efficiently, and
in compliance with the project
documents and federal-aid requirements. To
accomplish this, C2PM will establish a project
control system at the outset, complete required
startup checklists, review the Contractor’s
schedule, phased construction sequencing,
traffic plans and submittals, confirm
documentation protocols, and coordinate
inspection coverage around the Contractor’s
planned work activities. This setup will allow
C2PM to respond quickly as work moves
between intersections while maintaining
consistent reporting, quantity verification,
commissioning and compliance tracking.

During construction, C2PM will focus on
verifying that installations are completed in
accordance with the approved plans and
specifications, while documenting the work in a
manner that supports progress payments,
federal reimbursement, and project closeout.

Field staff will monitor traffic control,
pedestrian access, signal equipment
installation, field testing, public impacts, and
contractor progress. Our RE, Shahrdad Deravi,
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CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION across multiple
intersections
verify installation, document functional testing, track deficiencies, and maintain daily reports, photos, quantities, testing records, punch lists, as-builts, and closeout documentation by intersection and bid item.

RESIDENT ENGINEER RESPONSIVENESS AND

COMMUNICATION PROTOCOL
C2PM understands that prompt
responsiveness by the RE is critical to the
success of this project because the work will
move quickly across 128 active signalized
intersections within a 95-working-day
construction duration . Delayed responses to
RFIs, submittals, traffic control concerns,
signal equipment certifications, Buy
America/BABA documentation, or field
questions could affect multiple work locations,
create access impacts, delay equipment
installation, or jeopardize federal
reimbursement documentation. C2PM’s RE,
Shahrdad Deravi, PE will serve as the cen tral
point of coordination between the City,
Contractor, utilities and project stakeholders
providing timely communication, clear
direction, and proactive issue resolution
throughout all phases of construction.

Pre-Construction Phase: During pre-
construction, C2PM’s RE, Shahrdad Deravi, PE,
will establish the foundation for
communication, responsiveness, and decision-
making by confirming protocols with the City’s
Project Manager for RFIs, submittals, change
orders, inspection requests, field issues,
federal documentation routing, meeting
schedules, and escalation procedures. Our RE
will lead pre-construction meetings, review
contract, schedule, traffic control, and phasing
requirements with the Contractor, and confirm
expectations for daily reporting, weekly
coordination, schedule updates, traffic control
implementation, and required federal
documentation.

Our RE will also perform an early review of the
plans, specifications, bid items, Contractor’s
baseline schedule, intersection sequencing
plan, traffic control approach, and signal
equipment submittal schedule. Particular
attention will be given to high-activity locations
such as Orange Coast College, Newport-Mesa
Unified School District facilities,
Segerstrom/South Coast Plaza, and business
corridors, where access, public notices,
pedestrian movement, and peak traffic periods
must be carefully coordinated. As part of this
early effort, C2PM will conduct a pre-
construction condition survey with photo
and/or video documentation at applicable work
locations to document existing conditions
before construction begins and help protect the
City from unsupported public or private damage
claims.

To support prompt action, our RE will establish
tracking logs for RFIs, submittals, action items,
change orders, signal equipment certifications,
Buy America/BABA documentation,
Certificates of Compliance, traffic control
issues, and stakeholder concerns. Each log will
identify the responsible party, date received,
required action, target response date, status,
and follow-up needed. Time-sensitive items
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CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION affecting upcoming field work, such as
countdown pedestrian signals, 12-inch signal
heads, emergency vehicle preemption
equipment, battery backup systems,
controller/cabinet-related components, and
traffic control approvals, will be prioritized
based on the Contractor’s look-ahead
schedule.

Construction Phase: During construction, our
RE, Shahrdad Deravi, PE, will maintain active
communication with the City, Contractor,
design team, and inspection staff to keep work
progressing across multiple intersections. Our
RE will coordinate daily with field staff to
confirm work locations, critical activities, field
conditions, traffic control status, pedestrian
access, public impacts, quantities, and
unresolved issues. Our RE will also conduct
regular progress meetings, review look-ahead
schedules, monitor RFIs and submittals, and
remain accessible during working hours and
critical construction activities to respond to
issues involving signal shutdowns, pedestrian
routing, lane closures, equipment installation,
field testing, access impacts, and changed
conditions.

C2PM will coordinate closely with the
Contractor before work begins at each location
to verify existing utilities and identify potential
conflicts with signal equipment, cabinets,
conduit, pull boxes, service points,
foundations, and related electrical/civil
improvements. Where potholing, utility
verification, trenching, or other subsurface
investigation is required by the plans, field
conditions, or approved Contractor work plan,
C2PM will confirm that the work is properly
coordinated, documented, and completed
before affected installations proceed. If
trenching, micro tunneling, or other subsurface
work becomes necessary, C2PM will monitor
the activity for compliance with approved traffic
control, utility protection, restoration, safety,
and documentation requirements.

C2PM’s inspection team will provide both
electrical and civil inspection support.

Electrical inspection will focus on signal
equipment, pedestrian signal upgrades,
emergency vehicle preemption, battery backup
systems, cabinet/controller-related
components, conduit, wiring, testing, and
related certifications. Civil inspection will focus
on traffic control, pedestrian access,
excavation/restoration impacts, surface
restoration, utility coordination, and any work
affecting sidewalks, curb ramps, pavement, or
adjacent public access areas.

C2PM will use a tiered response approach to
keep the project moving. Safety issues, non-
compliant traffic control, blocked pedestrian
access, signal operation concerns, utility
conflicts, or business/school access impacts
will receive immediate attention. RFIs and
submittals affecting upcoming work will be
prioritized based on schedule impact, material
lead times, and planned work locations, while
routine documentation items such as certified
payroll, prompt payment tracking, daily reports,
weekly RE reports, quantity sheets, testing
records, utility documentation, and federal
forms will be reviewed on a recurring schedule
to prevent backlog and protect reimbursement
eligibility.

Our RE will also support timely decision-making
by providing the City with concise, well-
documented recommendations. When an issue
requires City direction, design clarification,
utility coordination, or formal approval, our RE
will transmit the issue with relevant field facts,
photographs, specification references,
schedule considerations, cost implications,
and recommended options so the City can
make informed decisions quickly while
maintaining proper control of contract
direction.

Post Construction Phase: During post-
construction, C2PM will focus on completing
the project in an organized, documented, and
audit-ready manner. Our RE, Shahrdad Deravi,
PE, will coordinate with the City, Contractor,
inspection staff, and electrical/signal support
personnel to confirm that all work has been
8 801

CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION completed in accordance with the approved
plans, specifications, change orders, and City
requirements. C2PM will prepare and track the
punch list, verify corrective actions, confirm
final quantities, and support final acceptance of
the work.

C2PM will also support final testing and
commissioning of the signal modernization
improvements, including countdown
pedestrian signals, leading pedestrian
intervals, emergency vehicle preemption
equipment, battery backup systems, upgraded
signal heads, re troreflective backplates,
cabinet/controller-related components, and
related electrical/signal improvements. Any
deficiencies identified during final inspection or
testing will be documented, communicated to
the Contractor, and tracked through correction.

Closeout documentation will be maintained by
intersection and bid item to provide the City
with a complete project record. C2PM will
compile final reports, quantity sheets, testing
records, photographs, material certifications,
Buy America/BABA documentati on,
Certificates of Compliance, certified payroll
records, DBE/prompt payment documentation,
change order files, RFIs, submittals, punch list
records, and as-built information. C2PM will
also support final payment, Caltrans/FHWA
closeout documentation, reimbursement
support, and audit readiness to help preserve
federal eligibility and provide reliable records
for future signal maintenance and operations.

Project Delivery: C2PM’s responsiveness
protocol is built around the specific needs of
this project: multiple active intersections,
compressed construction duration, traffic and
pedestrian access requirements, signal
equipment coordination, and federal
documentation compliance. By establishing
communication protocols early, maintaining
active tracking logs, aligning responses with the
Contractor’s schedule, and escalating field
issues promptly, the RE will help the City
maintain project momentum, minimize
disruption to the public, and deliver the project
in compliance with the plans, specifications,
LAPM requirements, and federal-aid
documentation standards.

FEDERAL COMPLIANCE AND DOCUMENT

CONTROLS
C2PM understands that this HSIP-funded
project requires complete, accurate, and audit-
ready documentation to protect the City’s
federal reimbursement eligibility. Our approach
is to establish compliance controls at the start
of the project, track required documentation
throughout construction, and verify
completeness before closeout.

1. Federal Compliance
During pre-construction, C2PM will
establish a project filing structure
consistent with City and Caltrans
requirements. The RE will review federal
requirements with the Contractor at the pre-
construction meeting, including Buy
America/BABA, Certificates of Compliance,
labor compliance, EEO requirements,
certified payrolls, employee interviews,
jobsite postings, DBE requirements, prompt
payment reporting, and required LAPM
forms. C2PM will also complete the
Caltrans pre-construction checklist and
LAPM Exhibit 15-B and confirm that federal
documentation responsibilities, submittal
routing, and review procedures are
understood before field work begins.

2. Buy America/BABA and Certificates of
Compliance
C2PM will maintain a material certification
log to track required documentation for
signal equipment and related materials.

This log will identify the item, submittal
status, Certificate of Compliance, Buy
America/BABA documentation, DOT CEM-
3101 documentation, approval status, and
installation status. C2PM will coordinate
with the Contractor early so required
documentation is submitted before
materials are ordered or installed. This will
9 802
CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION apply to applicable project materials such
as:
§ retroreﬂective backplates,
§ countdown pedestrian signals,
§ 12-inch signal heads,
§ emergency vehicle preemption
equipment,
§ battery backup systems,
§ controller/cabinet-related components,
§ and related electrical/signal materials.

3. Labor Compliance
Controls
C2PM will obtain, review, and track certified
payrolls, owner-operator listings,
apprentice documentation, employee
interviews, wage rates, and required jobsite
postings. Daily inspection reports,
employee interviews, payrolls, and wage
determinations will be cross-checked to
confirm consistency of workers,
classifications, hours, and wage rates.

Payroll delinquencies, discrepancies, or
inadequacies will be documented,
communicated to the Contractor, and
tracked through correction.

4. DBE and Prompt Payment Tracking
C2PM will track subcontracting and DBE-
related (if any) documentation throughout
the project. C2PM will verify that required
forms are submitted on time, reviewed for
completeness, and filed in the project
records. This includes:
§
LAPM Exhibit 16-B, Subcontracting
Request, before subcontracted work
begins;
§ LAPM Exhibit 9-P , Prompt Payment
Certiﬁcation, monthly;
§ LAPM Exhibit 17-F , Final Report
Utilization of DBE and First-Tier
Subcontractors, at completion;
§ LAPM Exhibit 17-O, DBE Certiﬁcation
Status Change, if applicable.

5. LAPM Field Documentation
C2PM inspectors will prepare d
aily
inspection reports consistent with LAPM
Exhibit 16-C1, and the Resident Engineer
will prepare weekly reports consistent with
LAPM Exhibit 16-C2. Reports will document
work performed, labor and equipment
observed, quantities, traffic control
conditions, photographs, field issues, safety
concerns, access impacts, and compliance
observations. C2PM will also prepare
Weekly Statements of Working Days
(WSOWD) consistent with LAPM Exhibit 16-
A and maintain quantity sheets consistent
with Caltrans LAPM requirements to support
progress payments and final quantities.

6. Logs, Reviews, and Quality Control
C2PM will maintain active logs for RFIs,
submittals, change orders, working days,
schedule updates, material certifications,
payrolls, DBE/prompt payment forms, field
issues, and closeout items. Before
documents are submitted or filed as final,
the RE will review them for completeness,
consistency, and traceability. Missing or
inconsistent documentation will be
identified early and corrected before it
becomes a closeout or reimbursement
issue.

7. Closeout and Audit Readiness
C2PM will plan closeout from the beginning
of construction. At project completion, we
will verify that final quantities, punch list
records, as-builts, signal testing records,
Buy America/BABA documentation,
Certificates of Compliance, certified payroll
records, DBE forms, prompt payment
certifications, change order files, daily
reports, weekly reports, and federal
closeout documentation are complete and
organized.

SECTION 3 - C2PM QUALIFICATIONS &

EXPERIENCE
C2PM brings construction management,
inspection, contract administration, quality
oversight, documentation control, and project
controls experience supporting public
infrastructure projects for cities, transportation
agencies, airports, transit agencies, and
10 803
804
805

CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION Mr. Deravi has more than 40 years of
experience, including a 32-year Caltrans career
with engineering, construction, traffic
engineering, and resident/assistant resident
engineer responsibilities on major freeway,
interchange, traffic management, roadway,
bridge, utility, and corridor improvement
projects throughout Southern California. His
relevant Caltrans District 12 experience
includes the I -5 Expansion, SR-55 Widening,
Barranca Parkway Carpool Ramp, University
Drive On-Ramp, and the Caltrans District 12
Traffic Management Center. He also has
experience with roadway and ATSAC fiber-optic
system integration for the City of Los Angeles
Bureau of Engineering.

For this project, Mr. Deravi will provide RE
leadership, including plan and specification
review, constructability review, contractor
coordination, schedule review, RFI and
submittal coordination, change order support,
inspection oversight, field issue resolution,
quantity verification, LAPM documentation,
and closeout support. His Caltrans background
and construction administration experience
provide the leadership needed to administer a
federally funded project with disciplined
documentation, contract compliance, and
timely coordination.

CONSTRUCTION INSPECTOR QUALIFICATIONS
C2PM’s designated Construction Inspector,
Steven DeMarr, ICC, brings more than 30 years
of inspection experience and multiple ICC
certifications, including Electrical Inspector
and Commercial Combination Inspector. His
background includes systems, MEP, utility,
transportation, transit, airport, and active
urban construction environments.

Mr. DeMarr’s recent systems inspection
experience includes major transportation
projects where he verified approved submittals,
material certifications, RFIs, design changes,
inspection procedures, daily inspection
reports, quality checklists, testing,
commissioning, punch lists, and closeout
records. His experience working in constrained,
active transportation and aviation
environments is directly relevant to monitoring
work at operating intersections while
maintaining safety, access, quality, and
documentation requirements.

For this project, Mr. DeMarr will provide field
inspection for traffic signal and related
electrical work, traffic control implementation,
pedestrian access, daily reports, photographs,
quantity verification, field testing support, and
documentation of deficiencies and corrective
actions.

ELECTRICAL / SIGNAL INSPECTION SUPPORT
To strengthen the team’s traffic signal and
electrical inspection capabilities, Alex Chong
will be available to support electrical/signal
inspection and technical review as needed. Mr.

Chong brings direct Caltrans District 12
electrical inspection experience from the I-405
Improvements Project, where he inspected
ramp metering systems, traffic signal systems,
communication management systems,
roadway illumination, vehicle detection
systems, CCTV, and electronic toll and traffic
management systems.

His experience also includes field
measurements, quantity takeoffs, as-built
reconciliation, monthly pay estimate
verification, and coordination with construction
management and project management teams.

This technical background provides additional
depth for Costa Mesa’s signal modernization
scope, including retroreflective backplates,
countdown pedestrian signals, upgraded signal
heads, emergency vehicle preemption, battery
backup systems, and related electrical/signal
components.

CAPACITY TO MEET SCHEDULE, VOLUME, AND

QUALITY REQUIREMENTS
C2PM has assigned a focused team with the
availability and depth needed to support the
City’s 95-working-day construction schedule
and citywide work at 128 signalized
intersections. Rather than relying on general
on-call availability, C2PM will commit the
13 806

CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION proposed Project Manager, RE, Construction
Inspector, and electrical/signal support
resources to this assignment for the duration
required by the City, including the pre-
construction startup period, active
construction, and post-construction closeout
support.

The team will be managed around the
Contractor’s approved baseline schedule and
weekly look-ahead schedules. C2PM will use
these schedules to confirm when and where
inspection coverage is required, identify critical
signal activities in advance, and adjust staffing if
the Contractor shifts work between corridors or
opens multiple work fronts. This allows C2PM to
maintain coverage of key activities without
overstaffing the project or delaying the
Contractor.

C2PM will also maintain backup and technical
support capacity to protect the City from staffing
interruptions. If a key team member is
unavailable, C2PM will provide an equally
qualified replacement consistent with the RFP
requirements and City approval.

Electrical/signal technical support will also be
available for targeted review or field support
when work involves signal systems, BBS,
emergency vehicle preemption, vehicle
detection, roadway illumination, or related
electrical components.

To maintain quality across a high volume of work
locations, C2PM will use a standardized
documentation and review process rather than
relying on individual field habits. Daily reports,
photographs, quantity records, certifications,
issue logs, testing reco rds, and punch list items
will be tracked by intersection and bid item. This
will help the City maintain consistent records as
work moves from location to location and will
reduce the risk of missing documentation at
closeout.

This approach gives the City a dedicated,
available, and scalable team that can support
the project’s schedule and field volume while
maintaining consistent quality and
documentation control throughout all phases of
construction.

COST AND BUDGET MANAGEMENT PROCESS
C2PM’s cost and budget management process
will be built around early cost setup, accurate
quantity verification, disciplined progress
payment review, and proactive change order
control. Because this project includes
repetitive signal safety improvements ac ross
128 signalized intersections, C2PM will track
cost and quantities by bid item, intersection,
corridor, and work activity to provide the City
with a clear understanding of completed work,
remaining work, and potential cost exposure.

At the start of construction, C2PM will review
the Contractor’s bid schedule, baseline
schedule, anticipated work sequence, and
major signal equipment items to establish a
cost tracking framework. This framework will be
used to monitor quantities for items such as
retroreflective backplates, countdown
pedestrian signals, 12-inch signal head
upgrades, emergency vehicle preemption
equipment, battery backup systems, traffic
control, and related electrical/signal work. The
goal is to confirm that progress payments are
based on verified work in place, not simply on
the Contractor’s reported percent complete.

During construction, our Construction
Inspector will document daily work activities,
installed quantities, field measurements,
photographs, crew activity, traffic control
conditions, and any issues affecting
production. The RE will review this information
against the bid items, daily reports, Q-sheets,
and Contractor payment requests. Quantity
records will be maintained in a manner
consistent with Caltrans/LAPM expectations so
that each payment recommendation is
supported by traceable documentation.

For monthly progress payments, C2PM will
compare the Contractor’s payment application
against verified field quantities, approved bid
items, material documentation, and work
actually completed at each intersection. Any
14 807

CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION discrepancies will be reconciled with the
Contractor before the payment
recommendation is forwarded to the City. This
process will help avoid overpayment,
unsupported quantities, duplicate payment for
repetitive work items, or payment for materials
lacking required certifications or acceptance
documentation.

C2PM will also maintain a change order and
potential change log identifying the issue,
location, affected bid items, reason for change,
entitlement basis, cost support, schedule
impact, approval status, and required backup
documentation. For potential changes, C2PM
will first determine whether the work is included
in the contract documents, already covered by
existing bid items, or outside the original scope.

If a change is warranted, C2PM will review labor,
equipment, material, subcontractor costs,
production assumptions, and schedule impacts
before providing the City with a
recommendation.

Because this is a federally funded HSIP project,
cost documentation must also support
reimbursement and audit readiness. C2PM will
verify that payment records are supported by
daily reports, Q-sheets, photographs, approved
submittals, Certificates of Compliance, Buy
America/BABA documentation, certified payroll
records where applicable, change order backup,
and City approvals. Costs associated with non-
compliant, undocumented, or unapproved work
will be identified early so they can be resolved
before becoming reimbursement or closeout
issues.

This cost management process will help the City
maintain budget control, verify that payments
reflect actual completed work, identify cost risks
early, and preserve the documentation needed
for Caltrans/FHWA review.

This approach has been successfully
implemented on complex infrastructure
projects such as the Caltrans I-405
Improvements, where disciplined field
verification and coordination supported quality
control and schedule adherence, and the
Ethanac Road Bridge Project, where C2PM
provides comprehensive cost control, progress
tracking, and contract administration services
to maintain budget compliance. This proven
system ensures effective cost management,
minimizes risk of overruns, and supports
successful delive ry of federally funded
projects.

LAPM AND FEDERAL-AID KNOWLEDGE
C2PM understands that this HSIP-funded
project must be administered in accordance
with Caltrans Local Assistance and applicable
federal-aid requirements. The proposed team
will emphasize compliance with the latest
LAPM requirements, including Chapter 5 for
invoicing, Chapter 9 for Civil Rights, DBE, and
prompt payment requirements, Chapter 16 for
administering construction contracts, and
Chapter 17 for project completion.

C2PM will translate these requirements into
practical project controls, including a
City/Caltrans-compliant filing structure,
federal forms tracking, daily inspection reports,
weekly RE reports, quantity sheets, certified
payroll review, employee interviews, Buy
America/BABA tracking, Certificates of
Compliance, DBE documentation, prompt
payment certifications, progress payment
support, change order documentation, and
closeout records.

For this project, C2PM will pay particular
attention to the LAPM and federal
documentation required for signal equipment
and citywide construction activities, including
DOT CEM-3101 Buy America documentation,
LAPM Exhibit 16-B Subcontracting Requests,
LAPM Exhibit 9-P Prompt Payment
Certifications, LAPM Exhibit 16-A Weekly
Statement of Working Days, LAPM Exhibits 16-
C1 and 16-C2 inspection reports, and final
DBE/closeout documentation such as LAPM
Exhibits 17-F and 17-O.
15 808
CITY OF COSTA MESA: RFP 26-18

RESUMES AND QUALIFICATIONS OF STAFF

ALI ALTAHA, CSLB-A

SENIOR PROJECT MANAGER

EDUCATION
BS, Civil Engineering, San Francisco State University

REGISTRATIONS
California General Contractor (CSLB-A) No. 974836

SUMMARY OF EXPERIENCE
Mr. Ali Altaha is a Senior Project Manager with more than 35 years of experience delivering municipal and public works infrastructure projects for cities, transportation agencies, and public-sector owners.

He has supported projects for multiple municipalities, including the Cities of Perris, Los Angeles, Oakland, Irvine, Mission Viejo, Lake Forest, Tustin, and Fullerton. His experience includes construction management, project controls, quality assurance, risk management, schedule oversight, budget tracking, change order review, claims analysis, and contract administration for complex capital improvement programs. Mr. Altaha is experienced in coordinating with City staff, contractors, designers, utilities, regional agencies, and community stakeholders to maintain project momentum and resolve field issues efficiently. He brings strong understanding of public agency procedures, documentation requirements, cost control, and compliance with contractual and regulatory standards. As Project Manager, he will provide oversight to confirm the team remains responsive, properly staffed, and aligned with the City’s schedule, budget, quality, and documentation expectations.

City of Perris, Ethanac Road Bridge Over San Jacinto River, Perris, CA • Senior Construction
Manager • Mr. Altaha provided overall project management oversight, serving as the primary point of contact between the City, construction management team, contractors, and third-party stakeholders. He directed project planning, staffing, and resource allocation; monitored scope, budget, and schedule performance; and ensured alignment with contract requirements and agency objectives. Mr. Altaha led progress meetings, reviewed and approved change order recommendations, evaluated contractor claims and schedule impacts, and verified that quality assurance and safety programs were properly implemented in the field. He maintained executive- level reporting, tracked key performance indicators, and proactively identified risks affecting cost or schedule, implementing mitigation strategies to maintain project momentum. Through disciplined oversight, clear communication, and decisive leadership, he ensures the project continues to deliver in compliance with approved plans and specifications while safeguarding the City’s financial and operational interests.

City of Los Angeles Bureau of Engineering (LABOE), Los Angeles, CA • Task Order Basis • Senior
Construction Manager • Mr. Altaha oversaw construction management for a series of task orders for the City of Los Angeles, each with distinct challenges and goals. He successfully managed the seismic retrofit of the Corbin, Canoga, and Mason Avenue Bridges over the Los Angeles R iver.

Following that, he led the construction of the Foothill Bridge project to completion. Mr. Altaha also supervised the seismic retrofit of the Colfax Bridge over the Los Angeles River, ensuring project completion within time and budget constraints. His role involved coordinating with multiple City departments and regional stakeholders, including the Los Angeles County Flood Control District.

He was tasked with confirming construction progress, reviewing schedules, and overseeing payment verification in line with FAR requirements.
16 809
CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION

SHAHRDAD DERAVI, PE, CSLBA/B

RESIDENT ENGINEER

EDUCATION
MS, Civil Engineering, California State University Fullerton BS, Civil Engineering, University of California Irvine
Civil Engineering Degree, Thames Polytechnic, London, UK

REGISTRATIONS
California General Contractor (CSLBA and B) No. 1034862 Professional Engineer (PE) CA No. 48978
S

UMMARY OF EXPERIENCE
Mr. Shahrdad Deravi, PE, will serve as Resident Engineer for this assignment and brings the California PE licensure, Caltrans construction background, and field leadership required for a federally funded traffic signal modernization project. He has more than 40 years of transportation, roadway, bridge, rail, and municipal infrastructure experience, including a 32-year Caltrans career in roles such as Resident Engineer and Construction Engineer. His Caltrans experience includes high-volume corridor work, traffic control coordination, quantity verification, pay application review, CPM schedule evaluation, change order negotiation, and compliance with public agency standards. For this project, Mr. Deravi’s role will include day-to-day construction administration, Contractor coordination, RFI and submittal review, schedule monitoring, change order support, inspection oversight, quantity verification, and documentation control. His dual background as a California-licensed Civil Engineer and General Contractor gives him practical constructability judgment when resolving field conflicts, access issues, schedule impacts, and potential claims.

City of Perris, Ethanac Road Bridge Over San Jacinto River, Perris, CA • Resident Engineer • Mr.

Deravi provides day-to-day construction management oversight for this project, ensuring work is executed in accordance with approved plans, specifications, contract requirements, and agency standards. He oversees contractor activities with respect to q uality, safety, schedule, and design intent; reviews and coordinates submittals, RFIs, and contractor correspondence; and supports constructability reviews to proactively identify and resolve field issues. He monitors construction progress, verifies quantities, and maintains accurate project documentation, including daily reports, meeting records, and status logs. Mr. Deravi actively supports contract administration by reviewing change requests, assisting with cost and schedule impact evaluations, and advising the owner on the validity of proposed changes. He coordinates testing and inspection activities, supports punch list development and closeout, and participates in regular construction meetings to track action items and facilitate timely resolution.

California Department of Transportation (Caltrans) District 12, Traffic Management Center (TMC), Santa Ana, CA
• Assistant Resident Engineer • Mr. Deravi was responsible for concept development and preparation of the Project Study Report (PSR) for headquarters approval and funding. He served as the lead engineer in developing user requirements criteria and directing project development through final delivery. The project encompassed full contract administration, architectural production, construction bidding, award, and oversight of the construction phase.

The facility represented the first Traffic Management Center (TMC) in Caltrans’ history, co-locating Caltrans traffic operations and the California Highway Patrol (CHP) emergency division. The work involved renovation of an existing office building into a state-of-the-art traffic data collection and dissemination center. Mr. Deravi led product research and procurement, construction contract administration, daily field inspections, project management, and final project acceptance. 17 810
811

CITY OF COSTA MESA: RFP 26-18 CONSTRUCTION MANAGEMENT AND INSPECTION FOR SIGNAL MODERNIZATION

ALEX CHONG

CONSTRUCTION INSPECTOR

EDUCATION
MS, Engineering Management, Florida International University BS, Electrical Engineering, Florida International University

SUMMARY OF EXPERIENCE
Mr. Alex Chong will provide electrical/signal inspection support and brings 20 years of experience on transportation, roadway, transit, and public infrastructure projects. He has direct Caltrans District 12 experience as Electrical Inspector on the I-405 Improvements Project, where he inspected ramp metering systems, traffic signal systems, roadway illumination, vehicle detection systems, CCTV, communication systems, and electronic toll/traffic management systems. He also served as Electrical Inspector on the I -5 North County Improvement Project, supporting ramp metering, traffic signal systems, CMS, roadway illumination, vehicle detection, CCTV, and a Caltrans communication hub. Mr. Chong’s experience includes field measurements, quantity takeoffs, as-built reconciliation, monthly pay estimate verification, design review, constructability support, and coordination with construction management and project management teams. For this project, his electrical and signal systems background will support field verification, documentation, and technical review of signal modernization elements, including upgraded signal heads, pedestrian signal equipment, emergency vehicle preemption, battery backup systems, vehicle detection, and related electrical components.

Los Angeles County Metropolitan Transportation Authority (LACMTA), I-5 North County Improvement Project, Los Angeles, CA • Design-Bid-Build (DBB) • Electrical Inspector • Mr.

Chong provided comprehensive electrical inspection and quality verification oversight for major transportation corridor improvements, including critical project elements such as Ramp Metering Systems, Traffic Signal Systems, Changeable Message Signs, highway and local city roadway illumination, Vehicle Detection Systems, CCTV components, and a new Caltrans Communication Hub. He was strategically brought onboard prior to NTP to collaborate closely with the Construction Management Consultant team in conducting detailed design reviews and constructability assessments. Through proactive analysis, he identified design deficiencies, coordination conflicts, and specification inconsistencies before construction activities commenced, significantly reducing field rework, mitigating risk exposure, and protecting project schedule and budge t performance.

California Department of Transportation (Caltrans) District 12, I-405 Improvements, Santa Ana, CA • Design-Build (DB) • Electrical Inspector
• Mr. Chong performed comprehensive
electrical inspections and quality verification oversight supporting complex transportation infrastructure upgrades. His responsibilities included inspection and compliance verification of Ramp Metering Systems, Traffic Signal Systems, Communication Management Systems, highway and local city roadway illumination, Vehicle Detection Systems, CCTV components, and Electronic Toll and TMS. He ensured all installations met contract requirements, Caltrans standards, and applicable codes while maintaining strict adherence to project quality control protocols. He collaborated closely with the Consultant teams to perform detailed quantity take-offs, validate field measurements, review and reconcile As-Built drawings, and prepare and verify monthly pay estimates. Through disciplined documentation review and field verification, he strengthened cost control, enhanced reporting accuracy, and supported timely contractor payments while safeguarding the integrity of the project’s financial and technical performance. 19 812
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COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name: CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Telephone Number: (909) 477-0237
Contact Name: Ghassan Dagher
Contract Amount: $1,530,000
Email: [email protected]
Address: 13571 W Central Ave, Brea, CA 92821
Brief Contract Description: The I-405 Improvements Design-Build Project is a $2.16 billion transportation infrastructure program delivered by Caltrans District 12 to enhance mobility, safety, and operational efficiency along one of Southern California’s most heavily traveled corridors. Spanning approximately 16 miles between SR-73 and I-605, the project included the addition of a general-purpose lane in each direction and the construction of a dual express lane system within the median, along with extensive roadway, structural, and systems improvements to support increased capacity and improved traffic flow.

Company Name: City of Perris, CA
Telephone Number: (714) 239-1014
Contact Name: Kamran Saber
Contract Amount: $2,900,000
Email: [email protected]
Address: City of Perris, CA
Brief Contract Description: C2PM is serving as the prime consultant providing comprehensive CM/CI services for the $23 million Ethanac Road Bridge Replacement Project in the City of Perris. This critical infrastructure project includes the construction of a new 450-foot-long, 113.5-foot-wide multi-span bridge over the San Jacinto River, along with associated roadway improvements, utility relocations, drainage upgrades, and environmental compliance measures. The project is designed to enhance public safety, improve traffic operations, and strengthen regional connectivity within Riverside County.
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Page 34 of 36 ends

Costa Mesa City CouncilAugust 4, 2026

Costa Mesa City Council
August 4, 2026